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HomeMy WebLinkAbout08252010Brief Announcements CM OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 25, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 10.122 A. Indian River County Chamber of Commerce Presentation Economic 5 Development Activity Report (City Manager Transmittal) 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 7 -17 A. Approval of Minutes August 11, 2010 10.080 B. Approve Sebastian Property Owners Association Use of Chambers and 19 Broadcast Services for Candidate Forum on 10/28/10 7 pm to 9 pm (City Clerk Transmittal) 10.123 C. Award Contract for Monitoring Services for Debris Clean -up Contract to Neel 21-23 Schaffer Based on Formal Bid Prices (City Manager Transmittal, Bid Tab) 09.125 D. Airport Transfer of Utility Installation to Indian River County (Airport Transmittal, 25 -31 Bill of Sale, Warranty Memo) 8. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 9. PUBLIC HEARINGS Procedures for public hearings: Mayor opens hearing Attorney reads ordinance or resolution Staff presentation Public Input Staff summation Mayor closes hearing Council action Anyone wishing to speak is asked to sign up before the meeting, when called, go to the podium and state his/her name for the record. 10.111 A. 2nd Reading and Final Adoption Ordinance No. 0 -10 -04 Police Pension Chapter 33 -21 185 Plan Changes in State and Federal Regulations (Administrative Services Transmittal, 0- 10 -04) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE AND CONFLICTS. (PJ 8/1110) 10. UNFINISHED BUSINESS 10.084 A. Art Club Use Agreement (City Manager Transmittal, Proposed Agreement) 57 -60 10.085 B. Powerline Road Presentation Update by John M. Boyer, P.E., Masteller Moler, 61 Inc. (City Manager Transmittal) 11. PUBLIC INPUT 12 NEW BUSINESS 10.038 A. Approve Resolution No. R -10 -25 3rd Quarter Budget Amendment (Admin. 63 -88 Services Transmittal, R- 10 -25, Comparison, Status Reports, Schedule, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010 AS PROVIDED FOR IN EXHIBIT "A PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 10.124 B. Consider Approval of Resolution No. R -10 -26 Supporting Prohibition of 89 -91 Chumming on Local Beaches Requested by Mayor Gillmor (City Clerk Transmittal, R- 10 -26) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE PROHIBITION OF "CHUMMING" OR "BLOODBAITING" FROM INDIAN RIVER COUNTY BEACHES; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 10.125 C. Adjust November and December Council Meeting Schedules (City Manager /City 93 Clerk Transmittal) 2 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Wright B. Mayor Gilimor C. Vice Mayor Hill D. Council Member Coy E. Council Member Wolff 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: September 8, 2010 Regular Meeting 6:30 pm September 13, 2010 Special Council 1 Millage /Budget Hearing 5:30 pm September 22, 2010 CRA Budget 5:30 pm September 22, 2010 Regular Meeting 2" Millage /Budget Hearing 6:30 pm 3 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09-45 Regular City Council Meetings Public Input is ALLOWED under the headings: Consent Agenda Public Hearings 'I Unfinished Business New Business Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); -I Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); .1 City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agenda is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of the City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity to for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISEE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 Subject: Indian River Chamber of Commerce Economic Development Activity Ap rov for Submittal by: f d/ A Report Agenda No. /0. I Z Z Department Origin? City Attorney: 14 r 4 nay r -a City Clerk: f Date Submitted: 4 AUG 10 A n r, City Manager EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 QIrQ S 1 TIAN HOME OF PELKAN ISLAND AGENDA TRANSMITTAL At the request of Helene Caseltine, the Indian River Chamber of Commerce has been agendized to present a report on Economic Development activities over the past five years. Non action item. SUMMARY RECOMMENDATION 1. Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Clifton Cooley, Calvary Baptist Church. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright HOME OF PELICAN ESLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 11, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joe Griffin Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Police Captain, Mike Beyer Police Captain, Robert Lockhart Public Works Director, Jerry Converse MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 10.073 A. Presentation of Plaque to Employee of the 2 Quarter Jeanette Williams, MMC Deputy City Clerk Mayor Gillmor read Ms. Williams' bio and plaque and presented her with a savings bond, and made a formal presentation of her Master Municipal Clerk plaque and pin. Regular City Council Meeting August 11, 2010 Page Two 10.116 B. Proclamation Florida Water Professionals Week August 16 -20 Accepted 5 by Florida Water Pollution Control Operators Association Regional Director, Steve Utter Mayor Gillmor read and presented the proclamation to Mr. Utter. 10.117 C. Proclamation Visiting Nurse Association's 35 Anniversary Accepted by 7 President, Joyce Baldrice and Board Chairman for VNA of the Treasure Coast, Ann Marie McCrystal Mayor Gillmor read and presented the proclamation to Ms. McCrystal. 10.118 D. AlgaGen LLC Presentation by William Cox DR AFT Bill Cox and Erik Stenn recognized Andrea Coy, Al Minner and Beth Mitchell for their assistance, and gave a power point presentation (see attached) in regard to their company and product. Mr. Stenn said they need a good water source for aquaculture, which is their reason for looking at the Archie Smith fish house site, but there is much that needs to be explored to determine if the site is feasible. Mr. Cox said they could begin using the facility for administrative purposes going in. Ms. Coy discussed the AlgaGen operation currently located in Vero Beach and said the Sebastian site was recommended by Commissioner O'Bryan based on the potential good water quality at the site. Mr. Hill said he would hope that based on the historical value of the property, any renovation would be in keeping with preservation. Mr. Cox responded that the exterior would remain just the same; there would be working aquariums inside the front and a greenhouse for people to visit to go along the educational line of the working waterfront. Mr. Hill said this was a very exciting concept and thanked them for considering Sebastian. In response to Mr. Wolff, Mr. Cox said he had been with the company since May, and described the other staff members' experience and function. Mr. Wolff noted they were asking for a 99 year lease from the County, and asked why such a long term lease. Mr. Cox said this is a local business that is going to stay local, will be kept private and are looking for the long term. Mr. Wolff said they are talking about drawing and re- injecting water and asked if they currently do this in their Vero location. Mr. Cox described their current operation, and the three potential methods they could use if they should obtain this site are to: truck in water to store in a tank; use the river water; or put in some saltwater wells. They said the required permitting from various agencies could take up to one year. Mr. Stenn, in response to Mr. Wolff, said there is no product smell; the materials are live and liquid. Mr. Wolff was invited to come out and visit the current facility. The City Manager noted there is a resolution of support later on in the agenda. 2 Regular City Council Meeting August 11, 2010 Page Three Brief Announcements Ms. Coy announced that Indian River State College will be conducting 25 classes in the Sebastian location this year, and anticipate 500 students attending. She also announced the Sebastian River Area Chamber of Commerce Candidate Forum on Thursday, August 12 from 7 -9 pm in the City Council Chambers for County candidates. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. DRAFT 9 -16 A. Approval of Minutes 7/28/10 Regular Meeting 10.112 B. Authorize Execution of Modified Sovereignty Submerged Lands Lease 17 -36 Renewal for Working Waterfront Dabrowski Property (City Clerk Transmittal, Cover Letter, Lease) 10.119 C. Resolution No R -10 -20 Authorizing Application for Florida Fish and Wildlife 37 -61 Conservation Commission (City Manager Transmittal, R- 10 -20, Application, Legal Description, Map) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND /OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, FLORIDA BOATING IMPROVEMENT PROGRAM, PROVIDING FOR AN EFFECTIVE DATE. 10.099 D. Renewal of Property, Casualty, Liability and Workers' Compensation Insurance 63 -67 Coverage FY 10/11 w /Florida League of Cities for One Year Term (Tabulation of Renewal Savings, FMIT Proposal for FY 10/11) Mayor Gillmor said he had been requested to remove item B. The City Attorney noted for item A, the 7/28/10 minutes on circle page 14 of the packet, in regard to the LoPresti lease, that the reference to Amendment Two should be actually be Amendment Three and the paragraph referenced in the amendment should be six rather than seven. MOTION by Ms. Coy and SECOND by Mr. Wright to approve as corrected. The City Clerk clarified the motion was to approve items A, C and D as corrected. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 3 Regular City Council Meeting August 11, 2010 Page Four Item B Sovereign Submerged Lands Lease Waterfront Dabrowski Property Damien Gilliams thanked Mayor Gillmor for removing the item. He asked if the Fisherman's Landing Sebastian (FLS) waterfront lease had been executed and the City Manager confirmed it was. Mr. Gilliams expressed concern that he and Mr. Wolff were away during the lease approval and did not have an opportunity to comment and said it could have been placed on a referendum. Mr. Wolff questioned paragraph three in regard to the supplemental payment and the City Manager explained that FSL will report all of the wet slip rentals to us and we will report it to the state. He said the annual submerged lands lease fee and recording fee will be reimbursed to the City by FLS in accordance with the City's lease agreement with FLS. MOTION by Mr. Hill and SECOND by Mr. Wright to approve item B, the Submerged Lands Lease. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 11. PUBLIC INPUT 8. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10.088 A. Parks and Recreation Advisory Committee 69-78 i Interview, Unless Waived, and Appoint One Alternate Member with Term to Expire 5/31/2012 (City Clerk Transmittal, Two Applications, List, Ad) City Council briefly interviewed applicants Webster and Caswell. Ms. Webster noted her 26 years residency and her involvement with Sebastian Little League. Mr. Caswell noted he had been in Sebastian one year and one week and his involvement with youth sports. Mr. Wright nominated Ms. Webster. There were no other nominations; Ms. Webster was appointed as alternate member to the Parks and Recreation Advisory Committee. 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS None DRAFT Harvey Wheeler questioned the City's return on investment on the fish house, and questioned grant funds to improve the Hurricane Harbor property. He clarified he was referring to the Dabrowski waterfront operation. Mayor Gillmor responded that in government, return on investment is more of a cultural thing and we are hoping our return will be to retain the culture and history of commercial fishing. 4 Regular City Council Meeting August 11, 2010 Page Five Damien Gilliams, 1623 US Highway 1, asked the City Manager for the record if we had put out the waterfront project for RFP, said certain individuals in the community are rewarded, cited the concrete pad on the waterfront and said no member of Council had the audacity to question it, and instead they go after the little people in town. He cited the recent adoption of the DR 420 form was approved with a higher millage rate, and he urged Council not to raise taxes, and expressed disappointment that no one from the community questioned it. 12 NEW BUSINESS 10.023 A. Award Bid /Contract to E. J. Breneman for Micro Surfacing and Crack Sealing; to 79 -172 Asphalt Recycling for the Milling and Reclamation of Roads; and to APAC of Florida, Inc. for the Asphalt Placement Based on Formal Bidding Prices and Negotiated Asphalt Tonnage Prices (Public Works Transmittal, Memo, Price Sheets, Contract) The City Manager said this was a multiple contract item, that no bids had been received on the microsurfacing, so the City had renegotiated an agreement with the previous contactor E.J. Breneman. MOTION by Ms. Coy to approve. DRAFT In response to Mr. Wolff, who asked why we were not inundated with bids in these economic times, the City Manager said though he did not have a specific answer; it may be because these are smaller jobs over different areas rather than one big project. Mr. Wright said perhaps the large number of stimulus paving jobs have companies busy elsewhere. The City Manager cited E.J. Breneman's qualifications and experience in response to Mr. Wright. Mayor Gillmor SECONDED the motion at this time. Mr. Wright asked if guarantees were available for product failure within a time frame of a few years. The City Manager responded that the contracts were standard one year contracts and he asked that defects be left to administrative determination, noting the Public Works Department is comfortable with E.J. Breneman. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 10.120 B. Sebastian Municipal Airport Lease V- Raptor Aircraft, LLC (Airport Transmittal, 173 -201 Letters, Business Plan, Memo of Understanding, Lease) The Airport Director said the City has an opportunity to receive a $1.45 M grant which requires a $290,000 match from the City to construct a hangar and lease the hangar to V- Raptor Aircraft, LLC. He said he had investigated them through the Florida Division of Corporations and found little financial information, but that they are a legitimate LLC and 5 Regular City Council Meeting August 11, 2010 Page Six have a private investor. He said they are in the process of a lease purchase of the old Ford Wire Building to construct the composites off -site and then would transfer them to the airport hangar for final assembly. The City Manager noted that approval of the lease would, in effect, be a commitment to the use of a loan from DST funds to the airport for the match. MOTION by Mr. Hill and SECOND by Ms. Coy to approve. Damien Gilliams said Florida is short on its budget but FDOT has money to throw to Sebastian, that we are in an economic crisis and Council doesn't know when to stop spending. He asked why the company can't come up with the match. Jeff Kerlo, Chief Technical Officer, V- Raptor Aircraft, LLC, said they have already spent $1 M in the community, and that the influx of outside money from customers will trickle down into the community. Mayor Gillmor said he had spoken with Mark Bontrager, Vice President of Spaceport Operations, Space Florida about this business, and he noted there are commercial space ventures interested in tapping into Mr. Kerlo's expertise, skills, and custom aircraft fabrication. Mr. Kerlo responded that they were approached at the Oshkosh Air Show and given a RFQ to begin contractor preliminaries which is a good indicator of market interest. In response to Mr. Wolff, Mr. Kerlo explained the $1 M invested was the $250,000 down payment for the former Ford Wire building, money for development and renovation to the property, in addition to tools, molds, textures, jigs related to the operation of the building. Mr. Wolff questioned the lack of any financial reports for the company. Mr. Kerlo said they exist under the umbrella of a larger corporation that is a prime contractor to General Dynamics which supplies spares and services to support all existing Russian military hardware employed by the Afghani Army. Mr. Wolff said with the last hangar we built, the tenant could not pay the rent and asked what type of commitment the investor has, and why was it critical to have a demonstration area at the Sebastian Airport. Mr. Kerlo responded he was familiar with that situation; they would not purchase the Ford Wire building without an intention to make a go of it; and this airplane addresses a market that has not been approached or attained. Mr. Wolff said when a prospective tenant comes to the City, we hear a lot of talk, noting he has to provide more documentation to get financial aid for his children's school than we get at Council, and we have to get serious and have a fiduciary responsibility to the citizens to get more documentation. Mr. Hill said Council is not transferring funds, but are matching funds to build a hangar for the City to lease to them and it will be paid with Airport funds, and this is exactly what we should be doing with the Airport. 6 Regular City Council Meeting August 11, 2010 Page Seven Mayor Gillmor agreed that the tax money for the grant comes from airport fuel tax and noted that the idea that we can get that tax money back and put it back in the pockets of taxpayers is ridiculous. Mr. Wright said this proposed lease ties in with our Economic Development Plan to create meaningful jobs. He advised them they can apply for incentives. He cited today's paper which said we are at 14% unemployment, wished the company success and said if it doesn't work out we lease the hangar to someone else. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 Mayor Gillmor called recess at 8:00 pm and reconvened the meeting at 8:13 pm. All members were present. 10.121 C. Resolution No. R -10 -22 DST Advance to Airport Fund for Construction of 203 -207 Hangar from the Discretionary Sales Tax Fund (Airport Transmittal, R- 10 -22, Sched. A) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADVANCING FUNDS FROM THE DISCRETIONARY SALES TAX REVENUE FUND TO THE AIRPORT ENTERPRISE FUND; MAKING PROVISIONS FOR REPAYMENT OF THE ADVANCE AND MAKING PROVISIONS FOR THE PAYMENT OF INTEREST ON SEAID ADVANCE AS PROVIDED FOR IN SCHEDULE "A," ATTACHED HERETO; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R -10 -22 by title. MOTION by Mr. Hill and SECOND by Mr. Wright to approve R- 10 -22. DRAFT Damien Gilliams asked if we had advertised to give other companies willing to provide their financial statement a chance; noting it costs time and money to evict which might exceed the City's grant match of $290,000. He said if this was advertised in an aviation magazine, he asked the Mayor if he knew how many corporations would love to come and use the money. He asked the Mayor if it was advertised. Mayor Gillmor responded it was properly advertised. Ms. Coy said we are not giving this individual $290,000 and the City Manager concurred there is no money Leaving the City, rather we are loaning our own funds to ourselves and then charging ourselves interest, and there is no financial risk to the City. Mr. Wright said we are not loaning money to anyone, but funding construction of a building that we will own and lease out. He noted we had discussed doing this in the past even though there was no potential tenant at that time. Mr. Wolff again said he is asking for the qualification of applicants who come before us and while we have great hope, it is not based on anything tangible, such as a business plan or financials. He said the City Manager has made clear there is no financial risk to the City, but we still need to qualify prospective people. He also asked if this was advertised. Regular City Council Meeting August 11, 2010 Page Eight The Airport Director said while it had not been advertised in magazines, he has been in contact with six or seven entities and given tours of the Airport. Mr. Wolff said the Airport Director was doing a great job and had good business acumen, but wanted to clarify that it was not advertised since it was noted earlier on the record that it was. Mayor Gillmor offered kudos to the Airport Director. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 AFT 10.118 D. Resolution No. R -10 -23 AlgaGen, LLC (City Manager Transmittal, E -Mail, 209 -213 R- 10 -23) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, INDIAN RIVER COUNTY, SUPPORTING THE LOCATION EFFORTS OF ALGAGEN, LLC AND ENCOURAGING THE BOARD OF INDIAN RIVER COUNTY COMMISSIONERS TO CONSIDER A LEASE AGREEMENT FOR ALGAGEN, LLC TO LOCATE IN THE ARCHIE SMITH FISH HOUSE IN SEBASTIAN, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R -10 -23 by title. MOTION by Ms. Coy and SECOND by Mr. Wright to approve Resolution No. R- 10 -23. Damien Gilliams asked how this item was directed for placement on the agenda. The City Clerk said it was directed at the July 28th CRA meeting, however, minutes from that meeting have not been provided for approval yet because they were just completed. Mr. Gilliams said placement of a resolution on an agenda requires a vote of City Council. He was advised it does not, though passage of a resolution does. Mr. Gilliams asked what would happen if the algae gets out of control. Mr. Wolff questioned the phrase in the resolution "provides a perfect location and asked, without an environmental study, how does the City make that assumption. Mr. Cox explained they have options on what organisms they can grow and three water options to grow the organisms to include: trucking in the water to store in tanks; take local species from the water out of the river; or put in a well. He also noted they could still operate traditional aquariums. Mr. Wright read the entire phrase as "provides a perfect location for promoting business expansion, job creation, and historic preservation" which he said was an accurate statement. Mr. Wolff said the materials stated the site was not ideal for expansion but would require acquisition of neighboring property and asked Mr. Cox if that was correct. 8 Regular City Council Meeting August 11, 2010 Page Nine Mr. Cox responded that initially they were going to grow macroalgae but decided they could make good revenues with other organisms with the existing facility, and Mr. Wolff withdrew his concern. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 The City Attorney read Resolution No. R -10 -24 by title. DRAFT 10.114 E. Resolution No. R- 10 -24- Archie Smith Fish House (City Manager Transmittal, 215 -218 R- 10 -24) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, VOICING CONCERN REGARDING THE DETERIORATION OF THE ARCHIE SMITH FISH HOUSE AND URGING INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS TO ENSURE THE PRESERVATION OF THIS HISTORIC PROPERTY; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Damien Gilliams noted the bond money might prohibit using the facility for commercial activity and asked if we are going to do all the deteriorated properties along Indian River Drive. Ben Hocker asked who the holder of the property is and Mayor Gilimor responded Indian River County. Mayor Gilimor clarified for Mr. Hocker that there would no expense for Sebastian. Mr. Wolff asked the City Manager to speculate how the County intended to fund the improvements and if there was a fund for historic preservation. The City Manager said Mr. Baird would probably head towards the residual funds from the Land Acquisition Committee, recreational impact fees, or grants. He said the use of recreation fees would probably depend on the public visitation /museum type activities. Ms. Coy responded the residual in the $300,000 Land Acquisition fund would make the most sense. The City Clerk noted for the record that this was actually the resolution that was directed by the CRA at its last meeting not the previous resolution. Result of Roll CaII: Ayes: All Nays: None Passed 5 -0 10.039 F. Discussion of Proposed Capital Improvement Program FY 2010/11 Through FY 219 -247 2015/16 (Finance Director Transmittal, Proposed CIP) The City Manager gave a PowerPoint presentation on the CIP (see attached). He noted for the FY10- Gateways, the CRA which met prior to this meeting had directed him to reduce the level of the gateways, thus reducing the $250,000 in current funding. Regular City Council Meeting August 11, 2010 Page Ten Mr. Wright noted that the $75,000 for Bark Park improvements was to expand the recreational activities in the entire park and is not just for dog activities. The City Manager said he would obtain public input on proposed improvements. Mr. Wolff inquired whether there was any plan to improve the jogging path at Hardee Park. The City Manager said there was not at this time, but if that was the direction of Council to advise him of that tonight, he would include it. He said there is $35,000 in the current FY budget for Hardee Park play equipment, which has not been used as yet due to the Collier Creek project. He said it could be used for the play equipment or for the trail or a combination of both. The City Manager said he has received a few complaints on the trail. Mr. Hill said he would like to hear from Parks and Recreation on this issue. The City Manager said he would provide it on the August Parks and Recreation agenda. Mayor Gillmor questioned the $50,000 for City Hall Parking /Landscaping stating there was nothing on the horizon for a public center. The City Manager concurred. Mayor Gillmor said the plan is actually to knock down the buildings next door for parking improvements that are not needed at this time. He listed the organizations that use the two buildings to the west of the old schoolhouse and said there are no other buildings that take the place of those structures. Mr. Wright agreed this may be too aggressive a plan right now, and noted we are getting a recommendation for renovation of the buildings. Mayor Gillmor said he had spoken to Retired Senior Volunteers Program which provides volunteers and they have a plan for mentoring small businesses, and this could be a possible use for one of those buildings. Ms. Coy agreed it was premature to tear down something when we don't know what we are going to do with it, and we should leave it unless for some reason we need to condemn it. Mr. Hill said we need to weigh the public benefit and there is no benefit to removing it. Mayor Gillmor said the people using it are the City's stakeholders and Mr. Wright said the $50,000 is better spent on roads. Mr. Wolff said there are a large percentage of people still affected by stormwater issues and asked how we could accelerate that program. The City Manager responded an increase in the stormwater fee, which was implemented in 2001, could get you a little more funding or perhaps getting money from other funds. He said while he thought the City was doing a good job in this area, stormwater issues would continue. Damien Gilliams asked why businesses with site plans that are required to provide stormwater retention have to pay the stormwater fee. He asked Council to come to meetings and find ways to cut taxes, not increase them. He recommended stopping the recreation impact fees and obtaining funding from the Clambake festival. 10 Regular City Council Meeting August 11, 2010 Page Eleven Ben Hocker asked about funds for renovation of the old school buildings; whether there was sewer on Indian River Drive; and said the County does not allow plastic piping. The City Manager said he was not familiar with the County's applications but assumed Mr. Hocker was referencing the quarter round project, noting the quarter rounds have pros and cons. 13. CITY ATTORNEY MATTERS None 14. CITY MANAGER MATTERS The City Manager updated Council on the annual stormwater fee credit application for sites that have retention areas which was extended this year, noting the credit resulted in a $20,000 reduction in stormwater fee revenues. 15. CITY CLERK MATTERS The City Clerk announced that the official qualifying period for the two City Council member seats on the November 2 General Election begins August 19 and ends September 3 16. CITY COUNCIL MATTERS A. Council Member Wolff None B. Council Member Wright None C. Mayor Gillmor Mayor Gillmor reported on the last meeting of the Indian River County Mayors group at which they discussed the Indian River County Chamber's requested budget of $158,000 but will only be receiving $119,000 which is the same as last year. He noted their allotment of $35,000 for business attraction was used in the first quarter of this year. He said Indian River County's allotment is very low compared to Martin County which has $800,000, St. Lucie County has $600,000, and Brevard has $1.2 M. It will be suggested that each City contribute a small amount toward economic development and ask the County to match the amount to raise the budget requested by the Chamber, but that each City would have to approve it first. Ms. Coy asked that this be placed on a Council agenda and he asked the City Manager to put it on the August 25 agenda. D. Vice Mayor Hill None E. Council Member Coy None 17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 9:44 p.m. cw EO T HOME Of PELICAN MAN) City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Candidate Forums Sebastian Property Owners A pro for Submittal by: Association Agenda No: 1 0 080 Department Origin: City Clerk I•- City Clerk: City Attorney: Date Submitted: For Agenda r' 8/11/2010 of: 8/25/2010 n -r, City Manager Exhibits: Expenditure Required: Amount Budgeted: Appropriation Required: It has been the practice Property Owners and the conduct Candidate Forums forums with the services public. The Sebastian River Area Council for its October request from the Sebastian forum to take place on Though use of the Chambers an administrative function forums since we provide provide the broadcast. Approve the services Property Owners Association on October 18, 2010 from SUMMARY STATEMENT to allow the Sebastian of Commerce to and broadcast the for the benefit of the approval from have now received a for a candidate 7 pm to 9 pm. agency has been approval on the and AN equipment to the Sebastian City Council Chambers of the City for the last ten years Sebastian River Area Chamber in our Council Chambers of the City MIS Department Chamber of Commerce received candidate forum in May. We Property Owners Association Monday, October 18, 2010 from by other than a governmental since 1994, we request Council use of the City's MIS services RECOMMENDED ACTION of the MIS Department to broadcast Candidate Forum in the 7pm to 9 pm. Subject: Services AT Annual Bid for rove for Submittal Monitoring by: Agenda No. 10.12_3 Department Origin: Department Head: Finance Director: City Attorney: City Clerk: 1 ner Date Submitted: August 17th, 2010 For Agenda of: August 25t 2010 Exhibits: Bid Tabulation EXPENDITURE REQUIRED: None at this time AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None FUNDING SOURCE: Emergency Surplus HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY In an effort to be fully prepared in the event of a disaster, ie: hurricane, tornado, etc. the Public Works Department solicited Requests for proposals for monitoring services for debris clean -up. Monitoring services are reimbursable by FEMA provided formal bid procedures were followed. During the 2004 hurricanes in Sebastian, monitoring services were handled through the Public Works Department with assistance from office personnel from other departments who were unable to work inside due to power outages. Unfortunately, this put a severe strain on the Department since all personnel were tied up with monitoring and couldn't work on repairing the city facilities which needed repair until the debris clean -up was completed. Most cities and counties have monitoring contracts in place in the event of an emergency. As you can see from the bid tabulation sheet, the services are based on hourly rates. Based on the total for all hourly services, we are recommending that the bid be awarded to Neel Shaffer of Vero Beach. They are qualified to handle this type of work and currently have contracts with St. Lucie County, Martin County and the City of Vero Beach, Florida. Although, we hope never to have to call them to perform these services, having a contract in place will be of great assistance to us. No monies are expended unless and until we need to call them to perform. This contract goes hand in hand with the contracts awarded for debris removal earlier this year and will allow us to obtain substantial reimbursement from FEMA should a disaster occur. (zz RECOMMENDED ACTION Move to award a monitoring services contract to Neel Shaffer, of Vero Beach, Florida based on formal bid prices for a three year period. Company Neel- Schaffer O'Brien's Alvin Fairburn Response Mgt. Assoc. Vero Beach, FI Maitland, FI Denham Springs, La Project Manager 59.00 78.00 80.50 Operation Managers 49.00 64.00 69.00 Data Managers 49.00 59.00 57.50 GIS Analyst 59.00 65.00 51.75 Field Supervisors 49.00 54.00 57.50 Debris Site/Tower Monitors 39.00 32.00 40.00 Collection Monitor 39.00 32.00 40.00 Data Entry Clerk/Clerical 29.00 29.00 35.00 Billing /Invoice Analysts 59.00 49.00 35.00 431.00 462.00 466.25 Bid Tabulation Debris Monitoring Bid Opening August 9th, 2010 2PM Subject: Bill of Sale of Utility Facilities to Indian River County; Airport Drive East Extension project Ap ove i r Submittal by: i /l f Agenda No. OQ. 2.5 Department Origin: Airport Director: Finance Director: City Clerk: S. A. City Attorney: Date Submitted: For Agenda of: Municipal Ai oit J. Griffin K. Killgore Maio R. A. Ginsburg August 16, 2010 August 25, 2010 City Manager Exhibit: A. Bill of Sale; B. Warranty MEMO EXPENDITURE REQUIRED: -0- AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: -0- CM Of HOME OF PELICAN ISLAND TTAL SUMMARY As part of the close -out process of the Airport Drive East Extension project, the City /Airport is required to transfer certain water /sewer installations to the County. The end of this project was significant since the contractor, H &D Construction, went out of business. The only item lacking in the project was the completion of a bond covering any water /sewer maintenance problems with the project. H &D did not perform on that issue and, airport staff was unable to find a bonding company that would cover H &D's installation. Therefore, the City /Airport and IRC Utilities agreed on a Warranty to cover any problems for one (1) year. Therefore, the Warranty agreement is in lieu of the 25% Bond notation on page A -3 of the Bill of Sale. RECOMMENDED ACTION Move to approve Bill of Sale of Utility Facilities to Indian River County, Florida (269 Sebastian Airport —Airport Drive East Extension BILL OF SALE OF UTILITY FACILITIES to INDIAN RIVER COUNTY, FLORIDA (when constructed within existing easement or road rights of way) KNOW ALL MEN BY THESE PRESENTS that the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958, hereinafter called GRANTOR, in consideration of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, transfer, and deliver unto INDIAN RIVER. COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called GRANTEE, this day of 2010, the following goods and chattels: EXHIBIT "A" ATTACI-IED HERETO AND MADE A PART HEREOF which utility facilities are located in the existing road right of way of Airport Drive East Extension. TO HAVE AND TO HOLD the same unto GRANTEE forever, and GRANTOR hereby warrants to the GRANTEE that it has free and unencumbered title to the above- described facilities, that all persons or entities which have supplied labor or materials with respect to these facilities have been paid in full, that none of them has any claim whatsoever with respect thereto, and that the GRANTOR has full authority to make this conveyance and will warrant and defend the sale of said chattels and utility facilities hereby made unto GRANTEE against the lawful claims and demands of all persons whomsoever. GRANTOR hereby further warrants that should the above described utility facilities fail or otherwise become defective during a period of one year from the date of acceptance of same by GRANTEE (August 25, 2010 to August 25, 2011), due to defective materials or workmanship, GRANTOR shall upon each occasion be responsible in all respects for such failure or defect and shall correct same at GRANTOR's sole cost and without expense to GRANTEE upon immediate notice by GRANTEE. GRANTOR shall be solely liable and shall save GRANTEE harmless from any direct or consequential damage attributable to such failure or defect. GRANTOR hereby also assigns all its right, title, and interest in and to manufacturer's or supplier's warranties with respect to the described facilities, (page one of two) APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY MELISSA P. ANDERSON ASSISTANT COUNTY ATTORNEY IN WITNESS WHEREOF, the. GRANTOR has herein set its hand land seal the day and •year first above written. CITY OF SEBASTIAN, a municipal ATTEST: corporation of the State of Florida By: By: Sally Maio, City Clerk Al Minner, City Manager STATE OF FLORIDA. COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and subscribed before me this day of 2010, by Al Nlinner, City Manager and Sally Maio, City Clerk of the City of Sebastian, a municipal corporation of the State of Florida, who are personally known to me. (affix seal with commission number and expiration date) Sign: (page two of two) NOTARY PUBLIC: 2- Exhibit A Sebastian Airport, Airport Drive East Extension UCP #402.8 8" PVC 1/Uater Main 8" Gate Valve w /Box 4" Gate Valve w /Box Fire Hydrants w /valve Restrained Joints(Bends Tees) 4" PVC Force main 4" Tapping Saddle Valve 4" Fittings Bond at 25% for one year CERTIFICATION OF COST ESTIMATE 898 (LF) 1 (EA) 1 (EA) 2 (EA) 6 (EA) 375 (LF) 1 (EA) 3 (EA) Total 1.3.50 1,250.00 625.00 2,750.00 200.00 10.00 2,450.00 400.00 I, Robert K. Hambrecht, a Florida registered engineer,' License No. 63985, do hereby certify to Indian River County, that a cost estimate has, been prepared under my responsible direction for those Improvements itemized in this exhibit and that the total cost estirate for said Improvements is $28,098.00. This estimate has been prepared, in part, as a resource for The LPA Group incorporatt0 rpose of establishing proper security amounts associatiL..4f% ,,pp �.a YffE .PA GROUP fICORPONED gek bib Ciesceni Exocuve CI. SIe 200 It a MGry,Et 32746-2146 407 306J0204'O4b0.tia SIC; 0 Robert R1 t Florida P. #63 98s (Printed Na !t! ill FL #63985 (License Nor) $12,123.00 $1,250.00 $625.00 $5,500.00 $1,200.00 $3,750.00 $2,450.00 ese $1,200.00 izo $28,098.00 $7,024:50 Litt. R A ff irovect q /ZoU, TO: RE: DATE: Developer /address: The City of Sebastian/Sebastian Airport East Project Name: Sebastian Airport- Airport Drive East Extension Permit UCP 4028 Installed Utilities Description: Water Distribution/Wastewater Collection Systems The Sebastian Municipal Airport, by and through, the City of Sebastian warrants that should the described utility facilities fail or otherwise become defective during a period of one (1) year from the date of acceptance, August 25, 2010, of same by County, due to defective materials or workmanship, the city of Sebastian shall upon each occasion be responsible in all respects for such failure or defect and shall correct same at the City of Sebastian's sole cost and without expense to County upon reasonable notice to County. The City of Sebastian shall be solely liable and shall save County harmless from any direct or consequential damage attributable to such failure or defect. The City of Sebastian hereby also assigns all its right, title, and interest in and to manufacturer's or s .pl. 's warranties with respect to the described facilities. STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this I(c;' day of Kee Lit 2010 by Al Minner, as City Manager, and Joe Griffin, as Airport Director, of the City of Sebastian, Florida. They are personally known to me and did not take an oath. er, City Manager August 9, 2010 commission expires Pty Sally A. Maio Commission DD595269 Expires October 5, 2010 4 ,pfah, Bonded Troy Fain insurance, inc. 800.365.7019 HOME OF PELICAN ISLAND SEBASTIAN MUNICIPAL AIRPORT 202 AIRPORT DRIVE EAST SEBASTIAN, FL 32958 PHONE 772 228 -7013 FAX 772 228 -7078 jgriffin@citvofsebastian.org www.sebastianairport.org MEMORANDUM Eric Olson; IRC Utilities Engineering Warranty; Airport Construction (Airport Director )1/ NOTARY PJBLIC Subject: Police Pension Chapter Plan, Changes in State and Regulations, Ordinance No. A rov f, r Submittal by: 185 Federal 10 04 Agenda No. 0 111 D artment rigin: Ad ministrative Services Finance Director: City Clerk: A 1 44'' e 1 City Attorney: li d 1 4 i' City Manager Date Submitted: August 3, 2010 For Agenda of: August 25, 2010 Exhibits: 1. Ordinance No. 10 -04 EXPENDITURE REQUIRED:0.00 AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: 0.00 Move to adopt Ordinance No. 10 04. NDA TRANSMITTAL SUMMARY The changes in this ordinance will insure the plan continues to maintain its tax qualification status under the Internal Revenue Code, and comply with Chapter 2009 -07, Laws of Florida, regarding the changes to the board of trustee's terms of office from 2 year to 4 years, and allow equity investments of up to 70% at market value of the fund's assets. These ordinance changes were passed on first reading at the July 28, 2010 council meeting. RECOMMENDED ACTION ORDINANCE NO 10 -04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE AND CONFLICTS. WHEREAS, in 1989 the City instituted a Chapter 185 police pension plan; and WHEREAS, the legislative history of said pension plan, including each subsequent amendment thereto, has stated the intention that said plan be a statutory chapter plan; and WHEREAS, the City Code language provides that any provisions of the City Code inconsistent with a Chapter 185 plan shall not be given effect; and WHEREAS, it has been determined that the best means for the City of Sebastian to remain in compliance with Chapter 185 requirements is to directly adopt said Chapter 185 with the following minimum changes necessary; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1: That the Code of Ordinances, City of Sebastian, Florida, section 58 -46, is hereby amended to read as follows: Sec. 58 -46. Maintenance of Statutory Chapter Plan. The City of Sebastian shall maintain a Statutory Chapter Plan for police officers' pensions in accordance with the provisions of Florida Statutes Chapter 185 subject to the following provisions: 2002, the rate of 3% per annum shall be used in place of the minimum rate of 2 and (2). Member contributions shall remain at 5% of salary. j Notwithstanding the provisions of F.S. 185.02(4) (c) to the contrary: For any person who first becomes a member in any plan year beginning on or after January 1, 1996, compensation for any plan year shall not include any min excess of the Internal Revenue Code 401(a)(17) limitation (as amended by the Omnibus Budget Reconciliation Act of 1993), which limitation of I 111 11 federal law for qualified government plans and shall be further adjusted for changes in the cost of living in the manner provided by Internal Revenue Code 101(a)(17)(B). For any person who first became a member prior to the first plan into account under the plan as in effect on July 1, 1993, which limitation shall be -1- as of the first day of the Plan Year shall be disregarded for any purpose, including employee contributions or any benefit calculations. The annual compensation of each member taken into account in determining benefits or employee contributions for any Plan Year beginning on or after January 1, 2002, may not exceed $200,000, as adjusted for cost -of- living increases in accordance with Code Section 401(a)(17)(B). Compensation means compensation during the fiscal year. The cost -of- living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. If the determination period consists of fewer than 12 months, the annual compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is 12. If the compensation for any prior determination period is taken into account in determining a Member's contributions or benefits for the current Plan Year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period. f Notwithstanding the provisions of Section 185.02(5) d. to the contrary: (d) cc of any police officer, credit for up to 1. The police officer is in the active employ of the municipality prior Armed Forces of the United Statcs. 2. The police officer is entitled to reemployment under Reemployment Rights Act. 3. The police officer returns to his or her employment as a police release f such active service. The years or fractional parts of a year that a Member performs "Qualified Military Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.103 -353), after separation from employment as a Police Officer with the City, shall be added to his years of Credited Service for all purposes, including vesting, provided that: 1. The Member is entitled to reemployment under the provisions of USERRA. 2. The Member returns to his employment as a Police Officer within one (1) year from the earlier of the date of his military discharge or 2 Indemnification. (e) his release from active service, unless otherwise required by USERRA. 3. The maximum credit for military service pursuant to this paragraph shall be five (5) years. 4. This paragraph is intended to satisfy the minimum requirements of USERRA. To the extent that this paragraph does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. In the event a Member dies on or after January 1, 2007, while performing USERRA Qualified Military Service, the beneficiaries of the Member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the Member had resumed employment and then died while employed. Section 185.02 is hereby amended to add subsection (17) to read: (17) Actuarial Equivalent means a benefit or amount of equal value, determined on the basis of actuarial equivalency using assumptions adopted by the Board such that actuarial assumptions are not subject to City discretion. Section 185.05 is hereby amended to add subsection (8), Indemnification, to read: co, To the extent not covered by insurance contracts in force from time to time, the city shall indemnify, defend and hold harmless members of the board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the board. The city reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold harmless any members of the board from the judgment, execution, or levy thereon. 021 This section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor does this section waive any provision of law affording the city immunity from any suit in whole or part, or waive any other substantive or procedural rights the city may have. This section shall not apply nor shall the city be responsible in any mariner to defend or pay for claims arising out of acts or omissions of members of the board which constitute felonies or gross malfeasance or gross misfeasance in office. Notwithstanding the provisions of F.S. 185.05(1) (a) to the contrary: 3 (1) (a) The membership of the board of trustees for chapter plans consists of five members, two of whom, unless otherwise prohibited by law, must be legal residents of the municipality and must be appointed by the legislative body of the municipality, and two of whom must be police officers as defined in s.185.02 who are elected by a majority of the active police officers who are members of such plan. With respect to any chapter plan or local law plan that, on January 1, 1997, allowed retired police officers to vote in such elections, retirees may continue to vote in such elections. The fifth member shall be chosen by a majority of the previous four members, and such person's name shall be submitted to the legislative body of the municipality. Upon receipt of the fifth person's name, the legislative body shall, as a ministerial duty, appoint such person to the board of trustees. The fifth member shall have the same rights as each of the other four members appointed or elected, shall serve as trustee for a period of 4 years, and may succeed himself or herself in office. Each resident member shall serve as trustee for a period of 4 years, unless sooner replaced by the legislative body at whose pleasure the member serves, and may succeed himself or herself as a trustee. Each police officer member shall serve as trustee for a period of 4 years, unless he or she sooner leaves the employment of the municipality as a police officer, whereupon a successor shall be chosen in the same manner as an original appointment. Each police officer may succeed himself or herself in office. Legislature to extend the terms from 2 y s to 4 years. The length of the terms of office shall be the same for all board members. f1 Notwithstanding the provisions of F.S. 185.06(1) (b) 4.b., to the contrary: b. The board of trustees shall not invest more than 5 percent of its assets in the common or capital stock of any one issuing company, nor shall the aggregate investment in any one issuing company, exceed 5 percent of the outstanding capital stock of that company, nor shall the aggregate of its investments under this section at cost market exceed 58 70 percent of the fund's assets. Notwithstanding the provisions of F.S. 4 185.07 (1) (b), to the contrary: (1) (b) Except as reduced or increased contributions are authorized by subsection (2), by the payment to the fund of 5 percent of the salary of each full -time police officer duly appointed and enrolled as a member of such police department, which 5 percent shall be deducted by the municipality from the compensation due to the police officer and paid over to the board of trustees of the retirement trust fund wherein such police officer is employed. No police officer shall have any right to the money so paid into the fund except as provided in this chapter. Member contributions withheld by the city on behalf of the member shall be deposited with the board immediately after each pay period. The contributions made by each member to the fund shall be designated -4- as employer contributions pursuant to 414(h) of the Internal Revenue Code. Such designation is contingent upon the contributions being excluded from the members' gross income for Federal Income Tax purposes. For all other purposes of the system, such contributions shall be considered to be member contributions. ILI Notwithstanding the provisions of F.S. 4 185.16(2) to the contrary: The amount of the monthly retirement income payable to a police officer who retires subsequent to May 31, 2002 and on or after his or her normal retirement date shall be an amount equal to the number of the police officer's years of credited service multiplied by 2 3.0 percent of his or her average final compensation. However, if current state contributions pursuant to this chapter are not adequate to fund the additional benefits to meet the minimum requirements in this chapter, only incremental increases shall be required as state moneys are adequate to provide. Such increments shall be provided as state moneys become available. f The provisions of Section 185.16 are amended to add subsection (5), to read: LSI Required Distribution Date. The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one -half (70'/2) or the calendar year in which the member terminates employment with the city. The provisions of Section 185.21, Death prior to retirement; refunds of contributions or payment of death benefits, subsection (2), is amended to read: (2) Vested members with spouse beneficiary. This subsection (2) applies only when the member's spouse is the sole designated beneficiary. If a police officer having at least 10 years of credited service dies prior to retirement, his or her spouse beneficiary is entitled to the benefits otherwise payable to the police officer at early or normal retirement age. Notwithstanding anything contained in this section to the contrary., in any event, distributions to the spouse beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date selected pursuant to the above provisions in this section that must be on or before December 31 of the calendar year in which the member would have attained 70'/2. (b) If the surviving spouse beneficiary commences receiving a benefit under subsection (1) above, but dies before all payments are made, the actuarial value of the remaining benefit will be paid to the spouse beneficiary's estate in a lump sum. a Vested members with non spouse beneficiary. This subsection applies only when the member's spouse is not the beneficiary or is not the sole designated beneficiary, but there is a surviving beneficiary. If a police officer having at least 10 years of credited service dies prior to retirement, his or her beneficiary is entitled to the benefits otherwise payable beginning by December 31 of the calendar year immediately following the calendar year in which the member died. The benefit will be calculated as for normal retirement based on the deceased members' credited service and average final compensation and actuarially reduced to reflect the commencement of benefits prior to the normal retirement date. fa) If a surviving beneficiary commences receiving a benefit under subsection (3) above, but dies before all payments are made, the actuarial value of the remaining benefit will be paid to the surviving beneficiary's estate by December 31 of the calendar year of the beneficiary's death in a lump sum. If there is no surviving beneficiary as of the member's death, and the estate is to receive the benefits, the actuarial equivalent of the member's entire interest must be distributed by December 31 of the calendar year containing the fifth anniversary of the member's death. The Uniform Lifetime Table in Treasury Regulations 1.401(a)(9) -9 shall determine the payment period for the calendar year benefits commence, if necessary to satisfy the regulations. In the event that a death benefit paid by a life insurance company exceeds the limit set forth in s. 185.061(6), the excess of the death benefit over the limit shall be paid to the municipal police officers' retirement trust fund. However, death benefits as provided pursuant to s. 112.19 or any other state or federal law shall not be included in the calculation of death or retirement benefits provided under this chapter. f The provisions of Section 185.161 are amended to read: (1) (a) In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified in s. 185.16, a police officer, upon written request to the board of trustees and subject to the approval of the board of trustees, may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: 1. A retirement income of larger monthly amount, payable to the police officer for his or her lifetime only. 2. A retirement income of a modified monthly amount, payable to the police officer during the joint lifetime of the police officer and a joint pensioner designated by the police officer, and following the death of either of them, 100 percent, 75 percent, 66 percent, or 50 percent of such monthly amount payable to the survivor for the lifetime of the survivor. Except where the retiree's joint pensioner is his spouse, the payments to the joint pensioner as a percentage of the payments to the retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. (See Q A -2 of 1.401(a) (9) -6) 6 3. Such other amount and form of retirement payments or benefit as, in the opinion of the board of trustees, will best meet the circumstances of the retiring police officer. The police officer upon electing any option of this section will designate the joint pensioner or beneficiary (or beneficiaries) to receive the benefit, if any, payable under the plan in the event of the police officer's death, and will have the power to change such designation from time to time but any such change shall be deemed a new election and will be subject to approval by the pension committee. Such designation will name a joint pensioner or one or more primary beneficiaries where applicable. If a police officer has elected an option with a joint pensioner or beneficiary and his or her retirement income benefits have commenced, he or she may thereafter change the designated joint pensioner or beneficiary but only if the board of trustees consents to such change and if the joint pensioner last previously designated by the police officer is alive when he or she files with the board of trustees a request for such change. The consent of a police officer's joint pensioner or beneficiary to any such change shall not be required. The board of trustees may request such evidence of the good health of the joint pensioner that is being removed as it may require and the amount of the retirement income payable to the police officer upon the designation of a new joint pensioner shall be actuarially predetermined taking into account the ages and sex of the former joint pensioner, the new joint pensioner, and the police officer. Each such designation will be made in writing on a form prepared by the board of trustees, and on completion will be filed with the board of trustees. In the event that no designated beneficiary survives the police officer, such benefits as are payable in the event of the death of the police officer subsequent to his or her retirement shall be paid as provided in s. 185.162. (2) Retirement income payments shall be made under the option elected in accordance with the provisions of this section and shall be subject to the following limitations: (a) If a police officer dies prior to his or her normal retirement date or early retirement date, whichever first occurs, no benefit will be payable under the option to any person, but the benefits, if any, will be determined under s. 185.21. (b) (b) If the designated beneficiary (or beneficiaries) or joint pensioner dies before the police officer's retirement under the plan, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the police officer upon his or her retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this section or a new beneficiary is designated by the police officer prior to his or her retirement and within 90 days after the death of the beneficiary. (c) If both the retired police officer and the designated beneficiary (or beneficiaries) die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, -7- made pursuant to the provisions of subparagraph (1) (a) 3., the board of trustees may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with s. 185.162. (d) If a police officer continues beyond his or her normal retirement date pursuant to the provisions of s. 185.16(1) and dies prior to actual retirement and while an option made pursuant to the provisions of this section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a beneficiary (or beneficiaries) designated by the police officer in the amount or amounts computed as if the police officer had retired under the option on the date on which death occurred. The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one -half (70'/2) or the calendar year in which the member terminates employment with the city. (3) No police officer may make any change in his or her retirement option after the date of cashing or depositing his or her first retirement check. f4) Notwithstanding anything herein to the contrary, the board in its discretion, may elect to make a lump sum payment to a member or a member's beneficiary in the event that the total commuted value of the monthly income payments to be paid do not exceed one thousand dollars ($1,000.00). Any such payment made to any person pursuant to the power and discretion conferred upon the board by the preceding sentence shall operate as a complete discharge of all obligations under the system with regard to such member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. Maximum pension. p Basic limitation. Notwithstanding any other provisions of this system to the contrary, the member contributions paid to, and retirement benefits paid from, the system shall be limited to such extent as may be necessary to conform to the requirements of Code Section 415 for a qualified retirement plan. Before January 1, 1995, a plan member may not receive an annual benefit that exceeds the limits specified in Code Section 415(b), subject to the applicable adjustments in that section. On and after January 1, 1995, a plan member may not receive an annual benefit that exceeds the dollar amount specified in Code Section 415(b)(1)(A) ($160,000), subject to the applicable adjustments in Code Section 415(b) and subject to any additional limits that may be specified in this System. For purposes of this section, "limitation year" shall be the calendar year. Adjustments to Basic Limitation for Form of Benefit. If the form of benefit without regard to any benefit increase feature is not a straight life annuity, then the Code Section 415(b) limit applicable at the annuity starting date is reduced to an actuarially equivalent amount (determined using the -8 assumptions specified in Treasury Regulation Section 1.415(b) -1(c) (2) (ii)) that takes into account the death benefits under the form of benefit. al Benefits Not Taken into Account. For purposes of this Section, the following benefits shall not be taken into account in applying these limits: a. Any ancillary benefit which is not directly related to retirement income benefits; b. Any other benefit not required under §415(b) (2) of the Code and Regulations there under to be taken into account for purposes of the limitation of Code Section 415(b) (1). (4 COLA Effect. Effective on and after January 1, 2003, for purposes of applying the limits under Code Section 415(b) (the "Limit the following will apply: a. A member's applicable limit will be applied to the member's annual benefit in the member's first calendar year of benefit payments without regard to any automatic cost of living adjustments; b. thereafter, in any subsequent calendar year, a member's annual benefit, including any automatic cost of living increases, shall be tested under the then applicable benefit limit including any adjustment to the Code Section 415(b)(1)(A) dollar limit under Code Section 415(d), and the regulations there under; but c. in no event shall a member's benefit payable under the system in any calendar year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to Code Section 415(d) and the regulations there under. Unless otherwise specified in the system, for purposes of applying the limits under Code Section 415(b), a Member's applicable limit will be applied taking into consideration cost of living increases as required by Section 415(b) of the Code and applicable Treasury Regulations. L2 Other Adjustments in Limitations. a. In the event the member's retirement benefits become payable before age sixty -two (62), the limitprescribed by this section shall be reduced in accordance with regulations issued by the Secretary of the Treasury pursuant to the provisions of Code Section 415(b) of the Code, so that such limit (as so reduced) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit beginning at age sixty -two (62). b. In the event the member's benefit is based on at least fifteen (15) years of credited service as a full -time employee of the fire or police department of the City, the adjustments provided for in (5)a. above shall not apply. c. The reductions provided for in (5) a. above shall not be applicable to disability benefits or pre- retirement death benefits. d. In the event the member's retirement benefit becomes payable after age sixty -five (65), for purposes of determining whether this benefit meets the limit set forth in subsection (1) herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty -five (65). This adjustment shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. 01 Less than Ten (10) Years of Service. The maximum retirement benefits payable under this section to any member who has completed less than ten (10) years of credited service with the City shall be the amount determined under subsection (1) of this section multiplied by a fraction, the numerator of which is the number of the member's years of credited service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below 10 The reduction .rovided for in this subsection shall not be applicable to disabili benefits or pre- retirement death benefits. fl Participation in Other Defined Benefit Plans. The limit of this section with respect to any member who at any time has been a member in any other defined benefit plan as defined in Code Section 414(j) maintained by the City shall apply as if the total benefits payable under all City defined benefit plans in which the member has been a member were payable from one plan. Ten Thousand Dollar ($10,000) Limit. Notwithstanding the foregoing, the retirement benefit payable with respect to a member shall be deemed not to exceed the limit set forth in this section if the benefits payable, with respect to such member under this system and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable plan year and for any prior plan year and the City has not any time maintained a qualified defined contribution plan in which the member participated. Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the member's benefit under any defined benefit plans in which member participated, such reduction to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be determined by the board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the member participated, such reduction to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be established by the board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different 10- manner and priority pursuant to the agreement of the board and the plan administrator of all other plans covering such member. (10) Service Credit Purchase Limits. a. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, if a member makes one or more contributions to purchase permissive service credit under the system, if otherwise allowed by the system, then the requirements of this section will be treated as met only if: 1. the requirements of Code Section 415(b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of Code Section 415(b), or 2. the requirements of Code Section 415(c) are met, determined by treating all such contributions as annual additions for purposes of Code Section 415(c). 3. For purposes of applying subparagraph (10) a.1., the System will not fail to meet the reduced limit under Code Section 415(b) (2) (C) solely by reason of this subparagraph 3., and for purposes of applying subparagraph (10) a.2., the System will not fail to meet the percentage limitation under Section 415(c) (1) (B) of the Code solely by reason of this subparagraph 3.. b. For purposes of this subsection the term "permissive service credit" means service credit- 1. recognized by the system for purposes of calculating a member's benefit under the plan, 2. which such member has not received under the plan, and 3. which such member may receive only by making a voluntary additional contribution, in an amount determined under the system, which does not exceed the amount necessary to fund the benefit attributable to such service credit. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, such term may, if otherwise provided by the system, include service credit for periods for which there is no performance of service, and, notwithstanding clause (10) b.2., may include service credited in order to provide an increased benefit for service credit which a member is receiving under the system. c. For purposes of applying the limits in this subsection (10), only and for no other purpose, the definition of compensation where applicable will be compensation actually paid or made available during a calendar year, except as noted below and as permitted by Treasury Regulations Section 1.415(c) -2, or successor regulations. Unless another definition of compensation that is permitted by Treasury Regulations Section 1.415(c) -2, or successor regulation, is specified by the system, compensation will be defined as wages within the meaning of Code Section 3401(a) and all other payments of compensation to an employee by an employer for which the employer is required to furnish the employee a written statement under Code Sections 6041(d), 6051(a)(3) and 6052 and will be determined without regard to any rules under Code Section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Code Section 3401(a)(2). 1. However, for calendar years beginning after December 31,. 1997, compensation will also include amounts that would otherwise be included in compensation but for an election under Code Sections 125(a), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b). For calendar years beginning after December 31, 2000, compensation will also include any elective amounts that are not includible in the gross income of the employee by reason of Code Section 132(0(4). 2. For limitation years beginning on and after January 1, 2007, compensation for the calendar year will also include compensation paid by the later of 2%2 months after an employee's severance from employment or the end of the calendar year that includes the date of the employee's severance from employment if: a the payment is regular compensation for services during the employee's regular working hours, or compensation for services outside the employee's regular working hours (such as overtime or shift differential), commissions, bonuses or other similar payments, and, absent a severance from employment, the payments would have been paid to the employee while the employee continued in employment with the employer; or ii the payment is for unused accrued bona fide sick, vacation or other leave that the employee would have been able to use if employment had continued. 3. Back pay, within the meaning of Treasury Regulations Section 1.415(c)- 2(g)(8), shall be treated as compensation for the limitation year to which the back pay relates to the 12 extent the back pay represents wages and compensation that would otherwise be included under this definition. d. Notwithstanding any other provision of law to the contrary, the board may modify a request by a member to make a contribution to the system if the amount of the contribution would exceed the limits provided in Code Section 415 by using the following methods: 1. If the law requires a lump sumpayment for the purchase of service credit, the board may establish a periodic payment deduction plan for the member to avoid a contribution in excess of the limits under Code Sections 415(c) or 415(n). 2. If payment pursuant to subparagraph (j) (4)a. will not avoid a contribution in excess of the limits imposed by Code Section 415(c), the board may either reduce the member's contribution to an amount within the limits of that section or refuse the member's contribution. (11) Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: a. The normal retirement benefit or pension payable to a retiree who becomes a member of the system and who has not previously participated in such system, on or after January 1, 1980, shall not exceed one hundred percent (100 of his average final compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of- living increases or adjustments. b. No member of the system shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, and U.S. Code. Minimum distribution of benefits. al General rules. a. Effective date. Effective as of January 1, 1989, the plan will pay all benefits in accordance with a good faith interpretation of the requirements of Code Section 401(a)(9) and the regulations in 13 effect under that section, as applicable to a governmental plan within the meaning of Code Section 414(d). Effective on and after January 1, 2003, the plan is also subject to the specific provisions contained in this section. The provisions of this section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. b. Precedence. The requirements of this section will take precedence over any inconsistent provisions of the plan. c. TEFRA section 242(b) (2) elections. Notwithstanding the other provisions of this section other than this subsection (1)c.., distributions may be made under a designation made before January 1, 1984, in accordance with section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that related to Section 242(b)(2) of TEFRA. al Time and manner of distribution. a. Required beginning date. The member's entire interest will be distributed, or begin to be distributed, to the member no later than the member's required beginning date which shall not be later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one -half (70 or the calendar year in which the member terminates employment with the city. b. Death of member before distributions begins. If the member dies before distributions begin, the member's entire interest will be distributed, or begin to be distributed no later than as follows: If the member's surviving spouse is the member's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date on or before December 31 of the calendar year in which the member would have attained age 70 1 /2, if later, as the surviving spouse elects. 2. If the member's surviving spouse is not the member's sole designated beneficiary, then, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died. 3. If there is no designated beneficiary as of September 30 of the year following the year of the member's death, the member's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the member's death. 14 4. If the member's surviving spouse is the member's sole designated beneficiary and the surviving spouse dies after the member but before distributions to the surviving spouse begin, this subsection (2) b., other than subsection (2) b.1., will apply as if the surviving spouse were the member. For purposes of this subsection (2) b. and subsection (5), distributions are considered to begin on the member's required beginning date or, if subsection (2) b.4. applies, the date of distributions are required to begin to the surviving spouse under subsection (2) b.1. If annuity payments irrevocably commence to the member before the member's required beginning date (or to the member's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection (2)b.1.) the date distributions are considered to begin is the date distributions actually commence. c. Death After Distributions Begin. If the member dies after the required distribution of benefits has begun, the remaining portion of the member's interest must be distributed at least as rapidly as under the method of distribution before the member's death. d. Form of distribution. Unless the member's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance of with this section. If the member's interest is distributed in the form of an annuity purchased from an insurance company, distributions there under will be made in accordance with the requirements of section 401(a)(9) of the Code and Treasury regulations. Any part of the member's interest which is in the form of an individual account described in section 414(k) of the Code will be distributed in a manner satisfying the requirements of section 401(a)(9) of the Code and Treasury regulations that apply to individual accounts. Determination of amount to be distributed each year. a. General requirements. If the member's interest is paid in the form of annuity distributions under the plan, payments under the annuity will satisfy the following requirements: 1. The annuity distributions will be paid in periodic payments made at intervals not longer than one year. 2. The member's entire interest must be distributed pursuant to F.S. Sec.185.16, Sec. 185.21, Sec. 185.19, or Sec. 185.161 (as applicable) and in any event over a period equal to or less than the member's life or the lives of the member and a designated beneficiary, or over a period not extending beyond the life expectancy of the member or of 15 the member and a designated beneficiary. The life expectancy of the member, the member's spouse, or the member's beneficiary may not be recalculated after the initial determination for purposes of determining benefits. b. Amount required to be distributed by required beginning date. The amount that must be distributed on or before the member's required beginning date (or, if the member dies before distributions begin, the date distributions are required to begin under F.S. Sec. 185.21.) is the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., monthly. All of the member's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the member's required beginning date. c. Additional accruals after first distribution calendar year. Any additional benefits accruing to the member in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. a) General distribution rules. a. The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of Code Section 401(a)(9)(G), and effective for any annuity commencing on or after January 1, 2008, the minimum distribution incidental benefit rule under Treasury Regulation Section 1.401(a)(9) -6, Q &A -2. b. The death and disability benefits provided by the plan are limited by the incidental benefit rule set forth in Code Section 401(a)(9)(G) and Treasury Regulation Section 1.401- 1(b)(1)(I) or any successor regulation thereto. As a result, the total death or disability benefits payable may not exceed 25% of the cost for all of the members' benefits received from the retirement system. (5) Definitions. a. Designated beneficiary. The individual who is designated as the beneficiary under the plan and is the designated beneficiary under section 401(a) (9) of the Code and section 1.401(a) (9) -1, Q &A -4, of the Treasury regulations. b. Distribution calendar year. A calendar year for which a minimum distribution is required. For distributions beginning before the member's death, the first distribution calendar year is the calendar 16 year immediately preceding the calendar year which contains the member's required beginning date. For distributions beginning after the member's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to F.S. Sec. 185.21. flu Miscellaneous provisions. (1) Interest of members in plan. All assets of the fund are held in trust., and at no time prior to the satisfaction of all liabilities under the plan with respect to retirees and members and their spouses or beneficiaries, shall any part of the corpus or income of the fund be used for or diverted to any purpose other than for their exclusive benefit. (2) No reduction of accrued benefits. No amendment or ordinance shall be adopted by the city commission of the City of Sebastian which shall have the effect of reducing the then vested accrued benefits of members or a member's beneficiaries. (3) Qualification of plan. It is intended that the plan will constitute a qualified public pension plan under the applicable provisions of the Internal Revenue Code for a qualified plan under Code Section 401(a) and a governmental plan under Code Section 414(d), as now in effect or hereafter amended. Any modification or amendment of the plan may be made retroactively, if necessary or appropriate, to qualify or maintain the plan as a plan meeting the requirements of the applicable provisions of the Internal Revenue Code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued there under. (4) Use of forfeitures. Forfeitures arising from terminations of service of members shall serve only to reduce future city contributions. (5) Prohibited Transactions. Effective as of January 1, 1989, a board may not engage in a transaction prohibited by Code Section 503(b). c6) USERRA. Effective December 12, 1994, notwithstanding any other provision of this system, contributions, benefits and service credit with respect to qualified military service are governed by Code Section 414(u) and the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended. To the extent that the definition of "credited service" sets forth contribution requirements that are more favorable to the member than the minimum compliance requirements, the more favorable provisions shall apply. fl Vesting. a. Member will be 100% vested in all benefits upon attainment of the plan's age and service requirements for the plan's normal retirement benefit; and 17 b. A member will be 100% vested in all accrued benefits, to the extent funded, if the plan is terminated or experiences a complete discontinuance of employer contributions. Electronic Forms. In those circumstances where a written election or consent is not required by the plan or the Code, an oral, electronic, or telephonic form in lieu of or in addition to a written form may be prescribed by the board. However, where applicable, the board shall comply with Treas. Reg. 1.401(a) -21. Direct transfers of eligible rollover distributions; Elimination of mandatory distributions. LU Rollover distributions. 18 a. General. This subsection applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this subsection, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. b. Definitions. 1. Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under 401(a)(9) of the Internal Revenue Code and the portion of any distribution that is not includible in gross income. Effective January 1, 2002, any portion of any distribution which would be includible in gross income as after -tax employee contributions will be an eligible rollover distribution if the distribution is made to an individual retirement account described in 408(a) of the Internal Revenue Code; to an individual retirement annuity described in 408(b) of the Internal Revenue Code; to a qualified defined contribution plan described in 401(a) or 403(a) of the Internal Revenue Code that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible; or on or after January 1, 2007, to a qualified defined benefit plan described in Code Section 401(a) or to an annuity contract described in Code Section 403(b), that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible. 2. Eligible retirement plan: An eligible retirement plan is an individual retirement account described in 408(a) of the Internal Revenue Code; an individual retirement annuity described in 408(b) of the Internal Revenue Code; an annuity plan described in 403(a) of the Internal Revenue Code; effective January 1, 2002, an eligible deferred compensation plan described in 457(b) of the Internal Revenue Code which is maintained by an eligible employer described in 457(e)(1)(A) of the Internal Revenue Code and which agrees to separately account for amounts transferred into such plan from this plan; effective January 1, 2002, an annuity contract described in 403(b) of the Internal Revenue Code; a qualified trust described in 401(a) of the Internal Revenue Code; or effective January 1, 2008, a Roth IRA described in Section 408A of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. This definition shall apply in the case of an eligible rollover distribution to the surviving spouse. 3. Distributee: A distributee includes an employee or former employee. It also includes the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse. Effective January 1, 2007, it further includes a non spouse beneficiary who is a designated beneficiary as defined by Code Section 401(a) (9) (E). However, a non spouse beneficiary may rollover the distribution only to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution and the account or annuity will be treated as an "inherited" individual retirement account or annuity. 4. Direct rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. Rollovers or transfers into the fund. On or after January 1, 2002, the system will accept, solely for the purpose of purchasing credited service as provided herein, permissible Member requested transfers of funds from other retirement or pension plans, member rollover cash contributions and/or direct cash rollovers of distributions made on or after January 1, 2002, as follows: a. Transfers and direct rollovers or member rollover contributions from other plans. The system will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in section 401(a) or 403(a) of the Code, from an annuity contract described in section 403(b) of the Code or from an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The system will also accept legally permissible member requested transfers of funds from other retirement or pension plans. b. Member rollover contributions from IRAs. The system will accept a member rollover contribution of the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the Code that is eligible to be rolled over. (3) Elimination of mandatory distributions. Notwithstanding any other provision herein to the contrary, in the event this plan provides for a mandatory (involuntary) cash distribution from the plan not otherwise required by law, for an amount in excess of one thousand dollars ($1,000.00), such distribution shall be made from the plan only upon written request of the member and completion by the member of a written election on forms designated by the board, to either receive a cash lump sum or to rollover the lump sum amount. Section 2: This Ordinance shall take effect immediately upon passage. Section 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Councilmember Andrea B. Coy Councilmember Eugene Wolff Councilmember Don Wright The Mayor thereupon declared this Ordinance duly passed and adopted this day of 20 ATTEST: Sally A. Maio, CMC City Clerk -21 CITY OF SEBASTIAN, FLORIDA By: Mayor Richard H. Gillmor Approved as to form and legality for reliance by the City of Sebastian only: Robert Ginsburg, City Attorney Subject: Art Club Use Agreement App; e r Submittal by: Agenda No. /0 0 84 Department Origin City Attorney: it an. •er City Clerk: i Date Submitted: 18 AUG 10 Al i ?er, City Manager EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 Recommend approval. HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY Per Council's directive and based on the plan to keep the facilities located at 1245 Main Street, attached is a use agreement permitting the Sebastian River Art Club to use the facilities, in exchange for making painting and other interior improvements. This is intended to be an informal document memorializing the agreement between the City and the Art Club. RECOMMENDATION USE AGREEMENT BETWEEN CITY OF SEBASTIAN AND THE SEBASTIAN RIVER ART CLUB IN AND FOR CONSIDERATION of the mutual promises herein, the sufficiency of which is hereby acknowledged, the CITY OF SEBASTIAN, a Florida municipal corporation, hereinafter referred to as "CITY and the Sebastian River Art Club, a local civic organization, hereinafter referred to as "ART CLUB" agree to the following terms in exchange for the use of the facility located 1245 Main Street, Sebastian, Florida 32958. I. USE OF PREMISES The ART CLUB seeks use of the Premises for display and sale of art work. Attached hereto, marked Exhibit A, is a diagram showing the area which the ART CLUB shall occupy. II. MAINTENANCE, REPAIRS AND RENT In exchange for the use of the facility, ART CLUB shall perform interior painting /wall repair, repair of interior plumbing fixtures, replacement of lights and Tight fixtures and routine cleaning. The CITY shall repair air conditioning. III. POSSESSION AND ACCESS The rights granted ART CLUB herein related to use of the public facility do not in any way constitute possession of the Premises by ART CLUB. At all times CITY retains all rights of control and access to facilities subject to this agreement. IV. CONTENTS The CITY shall not be responsible for any personal property of ART CLUB that may be lost, stolen or damaged during the use of the facility. V. ART CLUB RESPONSIBILITY ART CLUB shall not commit or permit the commission of any acts on the Premises that: a. Violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the Premises; or b. Constitutes the commission of waste on the premises or the commission or maintenance of a nuisance, or damage. VI. ASSIGNMENT ART CLUB may not assign, or otherwise transfer any right or interest in this Agreement. VII. DESTRUCTION OF PREMISES In the event the building and /or other improvements erected on the Premises are destroyed or damaged by fire or other casualty, the CITY shall have no responsibility or obligation to make any expenditure toward the repair and /or replacement of the building and other improvements on the Premises. CITY, at its option, shall either cause said building and /or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the Premises and terminate the Agreement. Any insurance proceeds relating to the Premises, whether CITY elects to repair or replace the improvements on the Premises or not, shall be the sole property of CITY and ART CLUB shall have no claims against any insurance proceeds paid on account of such damage. VII. ALTERATIONS Accept as provided in Section II, ART CLUB shall not make or permit any other person to make alterations to the Premises without the prior written consent of CITY. Any alterations to the Premises by ART CLUB shall be made at the sole cost and expense of ART CLUB, but shall be the property of CITY. ART CLUB shall indemnify, defend and hold CITY and the property of CITY, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of ART CLUB, or by reason of damage to or destruction of any property, including property owned by ART CLUB or any person who is an employee or agent of ART CLUB, in any way caused by, connected with or occurring during ART CLUB's use of the Premises or other appurtenant or related CITY properties arising under this Agreement other than intentional acts of CITY or an employee or agent of CITY. X. TERMINATION Either party may terminate this Agreement with 30 days written notice. XI. NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given shall be directed to the other party at the address given below: CITY: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney ATTEST: By: IX. INDEMNITY ART CLUB: XII. WHOLE AGREEMENT Sebastian River Art Club PO Box 780534 Sebastian, FL 32978 Attn: Toni Hill This Agreement contains all of the understandings by and between the parties hereto relative to the use of the Premises, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. EXECUTED on this day of 2010, at Sebastian, Florida. ATTEST: CITY OF SEBASTIAN Sally A. Maio, MMC Al Minner, City Manager City Clerk SEBASTIAN ART CLUB By: Its: Subject: Powerline Road Update A.,• ro 1 or Submittal by: Agenda No. /O, O '5 Department Origin: City Attorney: itv Manager City Clerk: Date Submitted: 19 AUG 10 Al ner, City Manager EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 SEBANTIAIN HOME #PEUCAN IMAND AGENDA TRANSMITTAL SUMMARY With a rather short agenda, it is a good time to bring Council publicly up to speed on the Powerline Road Project. As you know, dedication was granted by the School Board the property needed to make a smooth connection into 512. However, based on when the dedication was granted, construction scheduling became problematic, therefore the project is delayed until spring 2011. Nonetheless, as fall approaches, the project will be scheduled for public hearings and more formal design input sessions. Until such time, I have asked Steve Moler and John Boyer to present to Council a quick update. Because this is informal, I have not provided the engineering plans. These documents will be presented as they are reviewed in public input sessions and approved by Council later this fall. At this time, this item is informational only. RECOMMENDATION Subject: Resolution No. R -10 -25 Adopting Amendments to the Fiscal Year 2009 -10 Budget. A •ro -1 or Submittal by: i er, City Manager Move to approve R- 10 -25. HOME OF PELICAN ISLAND City of Sebastian, Florida Exhibits: Resolution No. R -10 -25 3` Quarter Comparison of Actual to Budget Capital Project Status Reports as of June 30, 2010 Schedule of Investments as of June 30, 2010 3` Quarter Accomplishments Agenda No. j 0 0 3$ Department Origin: Administrative Services: .1 City Attorney: 7 City Clerk: Date Submitted: August 19, 2010 For Agenda of: August 25, 2010 SUMMARY Pursuant to City financial policies, budget reviews and adjustments are presented to the City Council quarterly. Capital project status reports, investment reports and accomplishments are also included. This report was reviewed at the August 18 Budget Committee meeting. Although there was not a quorum, the report was discussed and the members present concurred that the report should be forwarded to the City Council for approval. There were no changes during the quarter to the General Fund budget which required budget amendment approval by the City Council. In accordance with the Annual Budget Resolution, the City Manager may approve budget transfers within a Department and make adjustments necessary to "implement programs, projects and expenditures authorized by the City Council Accordingly, the City Manager approved an adjustment to record additional revenues and expenditures in the Local Option Gas Tax Fund related to pay off the former Gas Tax Paving Bank Note and also made a small adjustment in the Riverfront Redevelopment Fund budget to complete the Yacht Club Finger Piers project. In the Recreation Impact Fee Fund, additional appropriations were made for the Schumann Park Restrooms project. All the above amounts are identified in Exhibit "A" attached to Resolution No. 10 -25. RECOMMENDED ACTION RESOLUTION NO. R -10 -25 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010 AS PROVIDED FOR IN EXHIBIT "A PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 23, 2009, the City of Sebastian adopted Resolution No. R -09 -37 providing for the adoption of the City's 2009 -10 budget; and WHEREAS, on February 24, 2010, the City of Sebastian adopted Resolution No. R -10 -04 providing for the amendment of the City's 2009 -10 budget; and WHEREAS, on May 12, 2010, the City of Sebastian adopted Resolution No. R -10 -14 providing for the amendment of the City's 2009 -10 budget; and WHEREAS, an analysis of the revenues and expenditures for the nine (9) month period ended June 30, 2010 has indicated that adjustments are necessary, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2009 and ending September 30, 2010 be amended, a copy of which is attached hereto and more particularly identified as Exhibit "A which are hereby adopted and the revised appropriations set out therein are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall become effective immediately upon its adoption. It was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Councilmember Andrea Coy Councilmember Don Wright Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 25 day of August 2010. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk By: Mayor Richard H. Gillmor Approved as to form and content for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney EXHIBIT "A" FY 2010 AMENDED BUDGET BEFORE 3RD QUARTER BUDGET AFTER FUND TITLE ADJUSTMENTS ADJUSTMENTS ADJUSTMENTS GENERAL Expenditures 10,922,181 10,922,181 LOCAL OPTION GAS TAX Expenditures 3,090,485 76,521 3,167,006 DISCRETIONARY SALES TAX Expenditures 3,392,656 3,392,656 RIVERFRONT REDEVELOPMENT Expenditures 605,402 6,400 611,802 RECREATION IMPACT FEE Expenditures 267,596 23,636 291,232 STORMWATER UTILITY FEE Expenditures 1,020,554 1,020,554 DST DEBT SERVICE FUND Expenditures 1,036,869 1,036,869 STORMWATER DEBT SERVICE FUND Expenditures 438,360 438,360 CAPITAL PROJECTS FUND Expenditures GOLF COURSE Expenses 1,595,913 1,595,913 AIRPORT Expenses 388,219 388,219 BUILDING Expenses 489,334 489,334 TOTAL BUDGET 23,247,569 106,557 23,354,126 Description GENERAL FUND SUMMARY TAXES LICENSES PERMITS INTERGOVERNMENTAL REVENUES CHARGES FOR SERVICES FINES AND FORFEITS MISCELLANEOUS REVENUES TRANSFER FROM OTHER FUNDS TOTAL REVENUES BEGINNING CASH RESERVES TOTAL SOURCES CITY COUNCIL CITY MANAGER CITY CLERK LEGAL ADMINISTRATIVE SERVICES MANAGEMENT INFO SERVICES POLICE DEPARTMENT PUBLIC WORKS GROWTH MANAGEMENT NON DEPARTMENTAL TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES LOCAL OPTION GAS TAX FUND TOTAL REVENUES BEGINNING CASH RESERVES TOTAL SOURCES DISCRETIONARY SALES TAX FUND TOTAL REVENUES 1,770,431 2,807,500 63.1% BEGINNING CASH RESERVES 2,411,939 2,626,000 91.8% TOTAL SOURCES 4,182,370 5,433,500 77.0% TRANSFERS TO OTHER FUNDS TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES CITY OF SEBASTIAN, FLORIDA COMPARISON OF ACTUAL TO BUDGET END OF 3RD QUARTER FISCAL YEARS 2008, 2009 AND 2010 FY2008 FY2009 FY2010 3rd Qtr YTD BUDGET 3rd Qtr YTD BUDGET 3rd Qtr YTD BUDGET 6,766,871 8,003,249 84.6% 6,605,966 7,934,958 83.3% 6,095,373 7,531,430 80.9% 146,601 173,000 84.7% 22,439 55,200 40.7% 24,434 51,400 47.5% 1,365,308 2,299,529 59.4% 1,248,201 2,054,617 60.8% 1,247,794 1,723,105 72.4% 247,530 310,969 79.6% 217,652 327,301 66.5% 227,151 289,147 78.6% 37,909 59,600 63.6% 37,941 59,600 63.7% 51,201 55,000 93.1% 260,830 514,889 50.7% 255,729 490,759 52.1% 132,705 423,190 31.4% 396,529 744,561 53.3% 595,490 949,080 62.7% 573,666 764,888 75.0% 9,221,578 12,105,797 76.2% 8,983,418 11,871,515 75.7% 8,352,324 10,838,160 77.1% 5,619,935 5,074,000 110.8% 5,534,856 6,131,749 90.3% 5,166,999 5,255,327 98.3% 14,841,513 17,179,797 86.4% 14,518,274 18,003,264 80.6% 13,519,323 16,093,487 84.0% 35,749 61,068 58.5% 39,707 54,065 73.4% 33,259 52,117 63.8% 187,830 263,787 71.2% 197,098 269,986 73.0% 183,912 254,480 72.3% 197,773 280,288 70.6% 213,288 297,087 71.8% 220,834 296,444 74.5% 156,753 226,034 69.3% 147,257 194,494 75.7% 71,879 125,340 57.3% 479,837 625,284 76.7% 426,818 578,543 73.8% 363,515 492,658 73.8% 161,209 255,660 63.1% 185,731 266,344 69.7% 178,860 266,913 67.0% 3,413,305 4,685,041 72.9% 3,571,457 4,829,019 74.0% 3,458,183 4,675,788 74.0% 3,091,014 4,309,208 71.7% 3,136,551 4,319,990 72.6% 2,574,798 3,694,008 69.7% 285,238 404,567 70.5% 271,811 382,856 71.0% 296,560 437,156 67.8% 657,871 994,860 66.1% 638,295 679,131 94.0% 576,771 627,277 91.9% 8,666,579 12,105,797 71.6% 8,828,013 11,871,515 74.4% 7,958,571 10,922,181 72.9% 6,174,934 5,074,000 121.7% 5,690,261 6,131,749 92.8% 5,560,752 5,171,306 107.5% 14,841,513 17,179,797 86.4% 14,518,274 18,003,264 80.6% 13,519,323 16,093,487 84.0% Property tax collections are lower than last year due to the decline in taxable values. Business Licenses are now being accounted for in the Building Enterprise Fund. Zoning Fees and Site Plan Review Fees are still accounted for in General Fund but are less than anticipated. Intergovernmental Revenues are close to 75% of budget and about the same amounts as this time last year. Fines and Forfeits include collection of Code Enforcement liens, which have increased over prior years. Miscellaneous Revenues continues to fall lower than budget because of declining investment returns. Total Sources includes the amount of actual and estimated cash reserves. In 2010, we anticipated using $84,021 from cash reserves. It is also noted that actual Beginning Cash Reserves as of October 1, 2009 were $5,166,999, which was $88,328 less than the $5,255,327 we had estimated when we adopted the 2010 Annual Budget. Spending by all the Departments are all within the 75% of budget (three- fourths of the fiscal year) except the Non departmental category, which is over 75% of budget because the City's total annual contribution to the CRA Fund was made in the first quarter. 452,301 762,559 59.3% 474,383 754,800 62.8% 2,877,973 3,167,006 90.9% 172,834 140,000 123.5% 226,792 152,559 148.7% 82,854 155,405 53.3% 625,135 902,559 69.3% 701,175 907,359 77.3% 2,960,827 3,322,411 89.1% DEBT SERVICE 150,000 300,000 50.0% 150,000 300,000 50.0% 1,256,960 1,256,960 100.0% OTHER EXPENDITURES 337,416 462,559 72.9% 359,052 454,800 78.9% 238,220 324,100 73.5% TRANSFERS TO OTHER FUNDS 0.0% 136,217 1,585,946 8.6% TOTAL EXPENDITURES 487,416 762,559 63.9% 509,052 754,800 67.4% 1,631,397 3,167,006 51.5% ENDING CASH RESERVES 137,718 140,000 98.4% 192,123 152,559 125.9% 1,329,430 155,405 855.5% TOTAL USES 625,135 902,559 69.3% 701,175 907,359 77.3% 2,960,827 3,322,411 89.1% As anticipated, we are seeing a decline in gas taxes. Tax collections are about 13% lower than last year at this point. The Refinancing of the Paving Loan has provided funds for additional paving work and also lowered the annual debt service requirement by extending the maturity dates. 2,722,588 2,722,588 1,459, 782 4,182,370 3,473,008 3,473,008 1,960,492 5,433,500 78.4% 78.4% 74.5% 77.0% 1 1,611,377 2,478,000 65.0% 1,609,211 2,451,271 65.6% 1,404,945 1,904,156 73.8% 683,036 941,385 72.6% 3,016,322 4,382,156 68.8% 2,292,247 3,392,656 67.6% 1,226,581 3,392,957 36.2% 1,226,581 3,392,957 36.2% 1,789,741 989,199 180.9% 3,016,322 4,382,156 68.8% 1,514,600 3,392,656 1,514,600 3,392,656 777 647 2,292,247 3,392,656 44.6% 44.6% 0.0% 67.6% With the additional amounts we had to transfer in 2009 to the Debt Service Fund due to the rating downgrade of the insurer of our bond reserve requirement, our unobligated cash reserve balance will be depleted by the end of this year. Tax collections are being received at aboutfhe level as last year. a Description 3rd Qtr YTD BUDGET RIVERFRONT REDEVELOPMENT FUND TOTAL REVENUES BEGINNING CASH RESERVES TOTAL SOURCES OPERATING EXPENDITURES TRANSFERS TO OTHER FUNDS TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES Transfers to Other Funds in FY2010 includes the $535,520 matching paid on the Working Waterfront Grant. RECREATION IMPACT FEE FUND TOTAL REVENUES 47,775 125,000 38.2% BEGINNING CASH RESERVES 1,325,089 1,300,000 101.9% TOTAL SOURCES 1,372,864 1,425,000 96.3% TRANSFERS TO OTHER FUNDS TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES Additional appropriations were made STORMWATER UTILITY FUND TOTAL REVENUES BEGINNING CASH RESERVES TOTAL SOURCES OTHER EXPENDITURES TRANSFERS TO OTHER FUNDS TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES 511,341 355,965 867,306 65,867 309,781 375,648 491,658 867,306 LAW ENFORCEMENT FORFEITURE FUND TOTAL REVENUES 7,103 BEGINNING CASH RESERVES 24,206 TOTAL SOURCES 31,309 EXPENDITURES 85 ENDING CASH RESERVES 31,224 TOTAL USES 31,309 TRANSFER FROM OTHER FUNDS MISC. REVENUES TOTAL REVENUES BEGINNING CASH RESERVES TOTAL SOURCES OPERATING EXPENDITURES DEBT SERVICE TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES CITY OF SEBASTIAN, FLORIDA COMPARISON OF ACTUAL TO BUDGET END OF 3RD QUARTER FISCAL YEARS 2008, 2009 AND 2010 FY2008 FY2009 537,023 95.2% 293,774 121.2% 830,797 104.4% 104,987 62.7% 619,561 50.0% 724,548 51.8% 106,249 462.7% 830,797 104.4% 443,312 519,000 85.4% 443,312 519,000 85.4% 929,552 906,000 102.6% 1,372,864 1,425,000 96.3% for the Airport Park and for fencing at the 836,982 890,200 94.0% 1,161,570 1,141,387 101.8% 1,998,552 2,031,587 98.4% 3,500 0.0% 715,937 936,873 76.4% 715,937 940,373 76.1% 1,282,615 1,091,214 117.5% 1,998,552 2,031,587 98.4% 866,810 4,013 870,822 211,353 1,082,175 1,035,294 1,035,294 46,881 1,082,175 11,500 61.8% 23,000 105.2% 34,500 90.8% 11,500 0.7% 23,000 135.8% 34,500 90.8% 1,033,619 1,975 1,035,594 210,000 1,245,594 83.9% 203.2% 84.1% 100.6% 86.9% 300 0.0% 1,035,294 100.0% 1,035, 594 100.0% 210,000 22.3% 1,245,594 86.9% 2 3rd Qtr YTD BUDGET 571,193 599,092 95.3% 432,782 440,535 98.2% 1,033,393 267,250 386.7% 984,638 644,642 152.7% 1,604,586 866,342 185.2% 1,417,420 1,085,177 130.6% 107,847 168,100 64.2% 100,238 145,402 68.9% 1,226,581 411,500 298.1% 611,246 466,400 131.1% 1,334,428 579,600 230.2% 711,484 611,802 116.3% 270,158 286,742 94.2% 705,936 473,375 149.1% 1,604,586 866,342 185.2% 1,417,420 1,085,177 130.6% 20,941 135,000 15.5% 26,531 56,247 47.2% 1,033,393 884,464 116.8% 1,095,485 913,393 119.9% 1,054,334 1,019,464 103.4% 1,122,016 969,640 115.7% 1,054,334 1,054,334 Dog Park and Barber Street Sports Complex. 802,347 897,200 89.4% 810,955 877,344 92.4% 1,012,003 651,397 155.4% 795,650 336,270 236.6% 1,814,350 1,548,597 117.2% 1,606,605 1,213,614 132.4% 8,705 714,476 723,181 1,091,169 1,814,350 Stormwater fee collections are only slightly ahead of last year and may decline due to property owners receiving credits allowed by the Ordinance for stormwater facilities they made to their properties. 11,395 51,947 63,342 6,535 56,807 63,342 These funds are used for the DARE Program, for vehicle towing charges pending reimbursement and to provide drug investigation monies. DISCRETIONARY SALES TAX BOND FUND 774,718 672 775,390 338,906 1,114,296 375 1,034,256 1,034,631 79,665 1,114,296 229,000 229,000 790,464 1,019,464 3,500 1,542,635 1,546,135 2,462 1,548,597 1,032, 957 1,974 1,034, 931 214,358 1,249,289 300 1,034,631 1,034,931 214,358 1,249,289 °la 0.0% 0.0% 133.4% 103.4% 248.7% 46.3% 46.8% n/a 117.2% 11,000 103.6% 20,970 247.7% 31,970 198.1% 15,500 42.2% 16,470 344.9% 31,970 198.1% 75.0% 34.0% 74.9% 158.1% 89.2% 125.0% 100.0% 100.0% 37.2% 89.2% FY2010 3rd Qtr YTD BUDGET 23,279 23,279 1,098,737 1,122,016 %o 291,232 8.0% 291,232 8.0% 678,408 162.0% 969,640 115.7% 100 0.0% 722,905 1,020,454 70.8% 722,905 1,020,554 70.8% 883,700 193,060 457.7% 1,606,605 1,213,614 132.4% 20,537 54,018 74,555 4,836 69,719 74,555 776,898 6,057 782,955 1,409,493 2,192,448 675 890,947 891,622 1,300,826 2,192,448 10,200 201.3% 46,647 115.8% 56,847 131.2% 0.0% 56, 847 122.6% 56,847 131.2% ,035,869 75.0% 1,000 605.7% ,036,869 75.5% 338,906 415.9% ,375,775 159.4% 300 225.0% 1,036,569 86.0% 1,036,869 86.0% 338,906 383.8% 1,375,775 159.4% At the end of 2009, with the rating downgrade of the insurer of our bond reserve, additional funds had to be transferred to the Bond Fund Cash Reserves. Thus, the YTD Actual Beginning and Ending Cash Reserves in 2010 are showing much higher than originally budgeted. Description CITY OF SEBASTIAN, FLORIDA COMPARISON OF ACTUAL TO BUDGET END OF 3RD QUARTER FISCAL YEARS 2008, 2009 AND 2010 FY2008 FY2009 FY2010 3rd Qtr YTD BUDGET 3rd Qtr YTD BUDGET 3rd Qtr YTD BUDGET STORMWATER UTILITY BOND FUND TRANSFER FROM OTHER FUNDS 875 875 100.0% 330,101 440,135 75.0% 328,680 438,240 75.0% MISC. REVENUES 436,873 436,873 100.0% 79 875 9.0% 394 120 328.3% TOTAL REVENUES 437,748 437,748 100.0% 330,180 441,010 74.9% 329,074 438,360 75.1% BEGINNING CASH RESERVES 20,541 20,470 100.3% 85,876 20,686 415.1% 144,635 85,876 168.4% TOTAL SOURCES 458,289 458,218 100.0% 416,056 461,696 90.1% 473,709 524,236 90.4% DEBT SERVICE 437,748 437,748 100.0% 441,010 441,010 100.0% 438,360 438,360 100.0% TOTAL EXPENDITURES 437,748 437,748 100.0% 441,010 441,010 100.0% 438,360 438,360 100.0% ENDING CASH RESERVES 20,542 20,470 100.3% (24,954) 20,686 120.6% 35,349 85,876 41.2% TOTAL USES 458,289 458,218 100.0% 416,056 461,696 90.1% 473,709 524,236 90.4% Debt service to date includes the semi annual interest payment. Principal and interest will be due May 1, 2010. GOLF COURSE FUND CHARGES FOR SERVICE 1,229,842 1,669,325 73.7% 1,194,420 1,613,050 74.0% 1,103,473 1,483,200 74.4% MISC. REVENUES 1,272,431 1,746,677 72.8% 34,566 172,627 20.0% 36,255 112,713 32.2% TOTAL REVENUES 2,502,274 3,416,002 73.3% 1,228,986 1,785,677 68.8% 1,139,728 1,595,913 71.4% BEGINNING CASH RESERVES 767,043 766,000 100.1% 542,988 764,318 71.0% (57,832) 256,839 22.5% TOTAL SOURCES 3,269,317 4,182,002 78.2% 1,771,974 2,549,995 69.5% 1,081,896 1,852,752 58.4% PERSONAL SERVICES 262,704 401,342 65.5% 261,244 386,301 67.6% 244,426 350,023 69.8% OPERATING EXPENSES 745,012 1,003,545 74.2% 766,724 995,642 77.0% 666,785 922,790 72.3% CAPITAL OUTLAY 36,300 0.0% 87,577 98,744 88.7% 10,000 10,000 100.0% DEBT SERVICE 18,345 306,190 6.0% 500 304,990 0.2% 7,875 313,100 2.5% TOTAL EXPENDITURES 1,026,061 1,747,377 58.7% 1,116,045 1,785,677 62.5% 929,086 1,595,913 58.2% ENDING CASH RESERVES 2,243,256 2,434,625 92.1% 655,929 764,318 85.8% 152,810 256,839 59.5% TOTAL USES 3,269,317 4,182,002 78.2% 1,771,974 2,549,995 69.5% 1,081,896 1,852,752 58.4% Shortfalls in actual revenues required the use of Cash Reserves to meet total expenditures over the past couple of years.It is normally our intent to maintain Cash Reserves and pro shop inventory exceeding liabilities but at the end of 2009, we would not have enough cash on hand to pay off accrued compensated absenses and refund prepaid memberships and customer credits that total $133,487. This is the last year of debt service on the Bonds and we expect that we can correct this but YTD Revenues in FY2010 are lower than recent years and will not help this situation. AIRPORT FUND LEASE REVENUES 273,433 11,283 n/a 267,977 378,560 70.8% 268,127 371,219 72.2% MISC. REVENUES 15,219 11,283 134.9% 15,161 30,000 50.5% 26,877 17,000 158.1% TOTAL REVENUES 288,652 22,566 n/a 283,138 408,560 69.3% 295,004 388,219 76.0% BEGINNING CASH RESERVES 84,081 155,000 54.2% 10,346 65,784 15.7% (51,651) (14,679) 351.9% TOTAL SOURCES 372,733 177,566 209.9% 293,484 474,344 61.9% 243,353 373,540 65.1% PERSONAL SERVICES 160,637 215,779 74.4% 176,058 232,065 75.9% 171,630 231,369 74.2% OPERATING EXPENSES 92,999 100,561 92.5% 382,540 509,591 75.1% 128,380 148,300 86.6% CAPITAL OUTLAY 0.0% 8,105 0.0% 4,795 0.0% TRANSFER TO PROJECTS 54,016 66,525 81.2% 39,444 75,464 52.3% 0.0% DEBT SERVICE 0.0% 8,550 0.0% 5,923 8,550 69.3% TOTAL EXPENDITURES 307,652 382,865 80.4% 614,697 817,120 75.2% 310,728 388,219 80.0% ENDING CASH RESERVES 65,082 (205,299) 31.7% (321,213) (342,776) 93.7% (67,375) (14,679) 459.0% TOTAL USES 372,733 177,566 209.9% 293,484 474,344 61.9% 243,353 373,540 65.1% Cash Reserves have been used to meet total expenditures and required grant matching funds over the past several years. It is normally our intent to maintain Cash Reserves and fuel inventory exceeding liabilities but since the end of FY2009, we have not had enough cash on hand to pay off accrued compensated absenses and other liabilities. These liabilities totaled $66,562 as of 9/30/09. BUILDING FUND TOTAL REVENUES 288,078 603,545 47.7% 305,701 536,207 57.0% 221,228 489,334 45.2% BEGINNING CASH RESERVES 1,008,089 1,035,000 97.4% 795,913 779,429 102.1% 651,126 628,794 103.6% TOTAL SOURCES 1,296,167 1,638,545 79.1% 1,101,614 1,315,636 83.7% 872,354 1,118,128 78.0% PERSONAL SERVICES OPERATING EXPENSES TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES 333,596 435,352 76.6% 285,370 398,841 71.5% 178,298 379,674 47.0% 123,739 168,193 73.6% 90,737 137,366 66.1% 55,942 109,660 51.0% 457,335 603,545 75.8% 376,107 536,207 70.1% 234,240 489,334 47.9% 838,833 1,035,000 81.0% 725,507 779,429 93.1% 638,114 628,794 101.5% 1,296,167 1,638,545 79.1% 1,101,614 1,315,636 83.7% 872,354 1,118,128 78.0% 3 CITY OF SEBASTIAN, FLORIDA COMPARISON OF ACTUAL TO BUDGET END OF 3RD QUARTER FISCAL YEARS 2008, 2009 AND 2010 Ending Cash Reserves have steadily declined due to the economic slump. However, Beginning Cash Reserves for 2010 were slightly higher than anticipated. Description GENERAL FUND DETAIL ON DEPARTMENTS 3rd Qtr YTD BUDGET FY2008 FY2009 FY2010 OA 3rd Qtr YTD BUDGET 3rd Qtr YTD BUDGET CITY COUNCIL Personnel 17,106 22,782 75.1% 17,080 22,755 75.1% 17,081 22,742 75.1% Operating 18,643 38,286 48.7% 22,627 31,310 72.3% 16,178 29,375 55.1% Totals 35,749 61,068 58.5% 39,707 54,065 73.4% 33,259 52,117 63.8% CITY MANAGER Personnel 183,318 256,437 71.5% 189,213 263,099 71.9% 179,550 250,455 71.7% Operating 4,512 7,350 6t4% 7,885 6,887 114.5% 4,362 4,025 108.4% Totals 187,830 263,787 71.2% 197,098 269,986 73.0% 183,912 254,480 72.3% CITY CLERK Personnel 176,222 239,756 73.5% 181,414 252,302 71.9% 174,208 240,794 72.3% Operating 21,551 40,532 53.2% 31,874 44,785 71.2% 46,626 55,650 83.8% Totals 197,773 280,288 70.6% 213,288 297,087 71.8% 220,834 296,444 74.5% LEGAL Personnel 151,536 211,219 71.7% 78,308 81,636 95.9% 0 0 0.0% Operating 5,217 14,815 35.2% 68,949 112,858 61.1% 71,879 125,340 57.3% Totals 156,753 226,034 69.3% 147,257 194,494 75.7% 71,879 125,340 57.3% ADMINISTRATIVE SERVICES Personnel 405,704 535,190 75.8% 350,798 499,528 70.2% 290,515 408,939 71.0% Operating 74,133 90,094 82.3% 76,020 79,015 96.2% 73,000 83,719 87.2% Totals 479,837 625,284 76.7% 426,818 578,543 73.8% 363,515 492,658 73.8% MANAGEMENT INFO SERVICES Personnel 139,902 227,417 61.5% 152,238 213,637 71.3% 146,887 206,855 71.0% Operating 11,977 18,904 63.4% 29,036 45,997 63.1% 30,673 39,435 77.8% Capital Outlay 9,329 9,339 99.9% 4,457 6,710 66.4% 1,300 20,623 6.3% Totals 161,209 255,660 63.1% 185,731 266,344 69.7% 178,860 266,913 67.0% POLICE DEPARTMENT Personnel 2,990,344 4,113,656 72.7% 3,245,293 4,352,783 74.6% 3,136,747 4,250,025 73.8% Operating 360,019 501,053 71.9% 292,184 438,548 66.6% 289,685 398,892 72.6% Capital Outlay 62,941 70,332 89.5% 33,980 37,688 90.2% 31,751 26,871 118.2% Totals 3,413,305 4,685,041 72.9% 3,571,457 4,829,019 74.0% 3,458,183 4,675,788 74.0% PUBLIC WORKS Personnel 2,023,399 2,773,960 72.9% 2,113,976 2,910,076 72.6% 1,872,385 2,563,799 73.0% Operating 932,992 1,374,571 67.9% 1,003,597 1,387,914 72.3% 683,422 1,113,664 61.4% Capital Outlay 134,623 160,677 83.8% 18,978 22,000 86.3% 18,991 16,545 114.8% Totals 3,091,014 4,309,208 71.7% 3,136,551 4,319,990 72.6% 2,574,798 3,694,008 69.7% GROWTH MANAGEMENT Personnel 257,888 357,132 72.2% 260,044 366,446 71.0% 267,015 372,436 71.7% 1 Operating 27,350 47,435 57.7% 11,767 16,410 71.7% 29,545 64,720 45.7% Totals 285,238 404,567 70.5% 271,811 382,856 71.0% 296,560 437,156 67.8% NON DEPARTMENTAL Personnel 1,173 10,000 11.7% 7,640 5,000 152.8% 12,167 15,000 81.1% Operating 656,697 856,780 76.6% 630,655 674,131 93.6% 564,604 612,277 92.2% Transfers to Other Funds 0 128,080 0.0% 0 0 0.0% 0 0 0.0% Totals 657,871 994,860 66.1% 638,295 679,131 94.0% 576,771 627,277 91.9% TOTAL EXPENDITURES Personnel 6,346,593 8,747,549 72.6% 6,596,004 8,967,262 73.6% 6,096,555 8,331,045 73.2% Operating 2,113,092 2,989,820 70.7% 2,174,594 2,837,855 76.6% 1,809,974 2,527,097 71.6% Capital Outlay 206,894 240,348 86.1% 57,415 66,398 86.5% 52,042 64,039 81.3% Transfers to Other Funds 0 128,080 0.0% 0 0 0.0% 0 0 0.0% Totals 8,666,579 12,105,797 71.6% 8,828,013 11,871,515 74.4% 7,958,571 10,922,181 72.9% ENDING CASH RESERVES 6,174,934 5,074,000 121.7% 5,690,261 6,131,749 92.8% 5,560,752 5,171,306 107.5% TOTAL USES 14,841,513 17,179,797 86.4% 14,518,274 18,003,264 80.6% 13,519,323 16,093,487 84.0% 4 GENERAL CAPITAL PROJECTS FUND 310 CAPITAL PROJECT STATUS REPORT 6/30/2010 Current Prior Years Balance Project Year Year To-Date to Number Description Budget Expenditures Expenditures Expenditures Encumbrances Complete Complete C1011 Police Vehicle Replacement 385,000.00 69,127.20 69,127.20 116,929.24 198,943.56 17.96% 385,000.00 69,127.20 69,127.20 116,929.24 198,943.56 17.96% CAPITAL IMPROVEMENT PROJECTS FUND 320 Current Prior Years Balance Project Year Year To -Date to Number Description Budget Expenditures Expenditures Expenditures Encumbrances Complete Complete C6206 Barber Street Sports Complex Special Needs Access (All Zones) 25,000.00 25,000.00 0.00% C0721 Hardee Park Improvement (Zone A) 50,000.00 14,294.78 14,294.78 35,705.22 28.59% C0724 Dog Park (All Zones) (CLOSED) 59,537.07 1,567.78 57,969.29 59,537.07 100.00% C0823 Yacht Club Finger Pier 21,400.00 21,743.81 (343.81) 101.61% C0824 Periwinkle Stormwater Park Enhancements 6,000.00 5,511.39 488.61 91.86% C0921 Schumann Park Improvements 204,460.00 140,063.11 3,295.00 61,101.89 68.50% C0922 CRA Triangle Flagpole CLOSED 22,377.48 22,377.48 100.00% C0923 Englar Stormwater Park (RIF) 16,000.00 10,014.36 4,521.00 1,464.64 62.59% C1021 Splash Park Canopy (RIF) 50,000.00 50,000.00 0.00% C1022 Skate Park Office (RIF) 50,000.00 2,700.00 1,841.12 45,458.88 5.40% C1023 BBSC Safety Fencing (RIF) (CLOSED) 1,705.00 1,705.00 100.00% 506,479.55 1,567.78 72,264.07 277,947.00 9,657.12 218,875.43 54.88% TRANSPORTATION CAPITAL PROJECTS FUND 330 Current Prior Years Balance Project Year Year To-Date to Number Description Budget Expenditures Expenditures Expenditures Encumbrances Complete Complete C4303 Pedestrian Bridges (DST) 627,825.00 673.51 589,705.02 590,378.53 37,446.47 94.04% C0735 Powerline Road 1,161,250.00 73,983.74 76,019.86 150,003.60 60,796.50 950,449.90 12.92% C0834 512 Corridor (DST FDOT Grant) 279,528.00 7,133.73 14,098.68 21,232.41 258,295.59 7.60% C1031 2010 Bank Note Road Improvements 1,250,461.00 4,970.00 4,970.00 1,500.00 1,243,991.00 0.40% C1041 Cavcor Parking Area 747,622.00 11,016.00 730.00 735,876.00 1.47% P0001 Road Paving 89,554.57 8,336.00 8,336.00 81,218.57 9.31% P0002 Sidewalk/Bikepath Program 59,019.00 31,164.50 22,966.50 54,131.00 824.60 4,063.40 91.72% 4,215,259.57 117,925.48 711,126.06 840,067.54 63,851.10 3,311,340.93 19.93% STORMWATER IMPROVEMENT FUND FUND 363 Current Prior Years Balance Project Year Year To-Date to Number Description Budget Expenditures Expenditures Expenditures Encumbrances Complete Complete C4603 Periwinkle Drive Improvements (DEP Grant $313,000) 572,091.00 3,360.00 566,011.03 569,371.03 2,719.97 99.52% C4604 Middle Stonecrop Improvements 382,301.00 27,357.14 164,504.59 191,861.73 190,439.27 50.19% C4606 Collier Creek Improvements (DEP GRANT $500,000) 5,495,326.00 1,362,750.65 3,538,986.46 4,901,737.11 21,541.00 572,047.89 89.20% C0762 Blossom Ditch Phase II 312,000.00 6,248.25 6,248.25 305,751.75 2.00% C0763 Stonecrop Street Crossing CLOSED 67,971.90 9,660.00 58,311.90 67,971.90 100.00% C0961 Potomac Road Crossing 125,000.00 662,715.20 518,781.20 27,509.99 7,000.00 90,490.01 22.01% C0962 George Street Ditch Rehabilitation 98,000.00 85,008.66 11,764.72 1,226.62 86.74% P0003 1/4 Round Swale Rehab (DST) 1,697,720.00 1,181,496.40 209,728.35 306,495.25 69.59% 8,750,409.90 2,065,842.99 4,852,843.43 7,031,205.07 250,034.07 1,469,170.76 80.35% AIRPORT PROJECTS FUND 455 Project Current Prior Years Balance Year Year To -Date to Number Description Budget Expenditures Expenditures Expenditures Encumbrances Complete Complete C3502 Construct Access Road (828081.00 Grant) 990,086.00 591,768.94 266,801.55 858,570.49 92,267.70 39,247.81 86.72% C5505 Hangar Construction (1,1400,000 grant) Lopresti CLOSED 1,371,831.42 4,282.00 1,367,549.42 1,371,831.42 100.00% C1051 Rehabilitate R/W 4/22 403,954.00 324,068.85 36,000.00 43,885.15 80.22% C1052 Airport Park (RIF) (CLOSED) 7,020.55 7,020.55 100.00% 2,772,891.97 596,050.94 1,634,350.97 2,561,491.31 128,267.70 83,132.96 92.38% CITY OF HOME OF PELICAN ISLAND QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2010 Prepared by Administrative Services Department As of June 30, 2010, the total available funds of the City was $15,529,592. $7,987,184 was held in an interest bearing checking account and $7,542,408 was invested in the SBA and other investment vehicles. The investments consist of the following: Investment Type Amount State Board of Administration (SBA) 5,890,564 Certificate of Deposits (CDs) 1,651,844 US Government Agency Bonds 0 Total Investments 7,542,408 The details of each investment types are presented on the following pages. CURRENT INVESTMENT ALLOCATION PERCENT BALANCE General Fund Performance Deposits 33.51% 1,615,407.26 Local Option Gas Tax Fund 19.01% 916,466.49 Discretionary Sales Tax Fund 6.05% 291,396.54 Riverfront Redevelopment Fund 5.73% 276,145.42 Recreation Impact Fee Fund 5.10% 245,880.94 Stormwater Utility Fund 3.03% 145,887.25 Law Enforcement Forfeiture Fund 1.02% 48,985.11 Discretionary Sales Tax, Series 2003 and 2003A Debt Service Fund 0.00% Stormwater Series 2003 Debt Service Fund 0.00% Capital Projects Fund 0.00% Capital Improvements Fund 0.00% Transportation Fund 0.00% Stormwater Projects Fund 0.00% Golf Course Fund 3.41% 164,571.91 Airport Fund 0.00% Building Department Fund 8.70% 419,179.43 Cemetery Trust Fund 14.45% 696,431.29 Sub -Total 100% 4,820,351.64 Stormwater Utility Bond Reserve 100% 630,458.00 Stormwater Utility GIC Balances 100% 439,753.91 TOTAL INVESTMENTS HELD WITH THE STATE BOARD OF ADMINISTRATION 5,890,563.55 cashsba0630 8/10/2010 CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS 6/30/2010 STATE BOARD OF ADMINISTRATION TOTAL DATE OF PURCHASE MATURITY INSTITUTION PURCHASE PRICE YIELD DATE National City 12/15/09 540,759.14 2.956% 06/15/11 National City 12/15/08 1,111,084.44 2.900% 12/15/10 CURRENT INVESTMENT ALLOCATION PERCENT BALANCE General Fund 100.00% 1,651,843.58 TOTAL 1,651,843.58 cashsba0630 8/10/2010 CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS 6/30/2010 CERTIFICATES OF DEPOSIT 1,651,843.58 ASSET NAME cashsba0630 R /10/2010 SCHEDULE OF INVESTMENTS 6/30/2010 CUSTODIAL ACCOUNT COUPON/ DATE OF PURCHASE MATURITY CUSIP NEXT YIELD PURCHASE PRICE DATE NUMBER CALL DATE Al] previously purchased government securities have matured. The City has contracted with a new Investment Advisory Firm to review our investment program and we are waiting for their recommendations before making new purchases. Memorandum To: Mayor and City Council Thru: Al Minner, City Manager From: Kenneth W. Killgore, Director of Finance Date: August 19, 2010 Re: 3` Quarter Accomplishments and Operating Statement Fiscal Year 2010 Enclosed please find the 3` Quarter Accomplishments for City Departments as assembled and edited by the Administrative Services Department for the three months ended June 30, 2010. CITY CLERK Legislative Support Matters Prepared agenda packets and minutes for five Regular City Council meetings, two Special Council meetings, two Council workshops, one CRA workshop, four CRA meetings, and two Board of Adjustment meetings attended 16 meetings for 22.25 hrs. City Clerk attended and recorded Mayors' Meeting in Chambers April 6 City Clerk submitted 2011 Legislative Budget Coordinated paperless agenda workshop for Council direction Ten resolutions were adopted Two ordinances were adopted Recorded two official documents w /Clerk of Court Coordinated with recipients for preparation and presentation of 11 proclamations Placed four courtesy meeting ads in the Press Journal Placed one legal notice in Press Journal Provided monthly City calendars and revisions to Council, city staff and press Provided three monthly regional and county board meeting calendars to Council Coordinated attendance of clergy for six Council meeting invocations Records Management Program Responded to 80 public records requests 14 boxes of records that reached retention or were scanned 14 bags of duplicate and OSA records destroyed by Shred -It Recycling 13 trees saved Scanned into Laserfiche 23 sets of minutes, 35 agenda packets, 10 Resolutions, 2 Ordinances, 7 agreements and 109 Cemetery files 41 other documents Building Contractor Files and Permit Folders with Plans scanned by the Building Dept. Setup and started the process of securely scanning personnel files into Laserfiche Election Matters Pre Qualified one candidate for November election One PAC report submitted City Board Matters Filled three board vacancies Prepared two Certificates of Appreciation for presentation to board members by Mayor RPM attended and recorded four Natural Resources Board meetings Placed bi- annual board recruitment ad per Code City Clerk attended and recorded June 14 Citizens Budget Review Advisory Board MIS Cemetery Matters Certificates of Interment Rights issued for 14 locations for a total of $18,100.00 Community Matters Responded to 65 e -mails to the General City of Sebastian e -mail address or forwarded to appropriate depaitments for response RPM participated in preparation for Earth Day celebration in April RPM participated in Spoil Island IR1 Clean Up on May 8th with NRB Deputy City Clerk attended and recorded Engineering Department's street improvement pre -bid meeting Personnel /Educational Matters Staff participated in MCCi Webinar Laserfiche Archives April 16 Deputy Clerk received IIMC Master Municipal Clerk certification Deputy Clerk attended FACC Mini Academy April 30 Staff participated in E -Mails as Public Records Seminar May 20` ADMINISTRATIVE SERVICES Finalized negotiation of fees for the new Investment Advisor Contract was signed after they ultimately agreed to language that properly described the reduced fee. Assisted in negotiations for replacing the golf cart fleet and submitted paperwork to obtain lease /purchase financing. Negotiated a two year extension of our banking services agreement at the same fees as were bid five years ago. Prepared the proposed Operating Budget for FY 2010 -2011. Attended and provided administrative support for three meetings of the Budget Advisory Committee. Presented the proposed Capital Improvements Program to the Parks and Recreation Advisory Board. Attended a second meeting to further discuss the proposals and report on changes from the initial draft. Handled normal processing of payroll, accounts payable and cashiering. Coordinated the quarterly employee investment meetings with ICMA. Submitted updated data and received quotations for renewal of employee's group insurance program. Submitted updated data and received quotations for renewal of general liability and property insurance. Monitored and completed required grant paperwork on Airport and other grants. Monitored and approved payments on major contracts. Recruited, interviewed, and hired replacements for vacant positions. Continued to monitor the Building Department's IMS web -based real time interface. Fought off every attempt to breach our security. Tracked and stopped 207 attacks. Continued to maintain all communications equipment and operate free from any interruption in services. Updated the Network map as to FDLE requirements, insuring we are operating in a safe and encrypted method. Completed Windows 7 testing and verified all departments will function on this operating system. Monitored and ran reports to reduce the number of alarms generated to PD, saving money and manpower. Negotiated with Comcast and obtained 11 digital converter boxes at no cost to the City. Responded to 2,274 work orders. Ran broadcast station Channel 25 and provided 9 websites to inform the residents. Performed 67 workstation preventive maintenance task. Performed 97 user training hours. Working on decommissioning the Airport PRI and Siemens Telephone system. Working on a new Exchange 2008 web server. Working on training Barracuda Spam Firewall. Setting up new server to be the disaster backup server. POLICE DEPARTMENT Administration Conducted interviews for police officer, crime scene and dispatch positions. Hired 4 full -time police officers and 1 part-time police officer (all replacements). Hired 1 crime scene /evidence technician due to retirement. Continued review of agency policies as per accreditation standards. Administration attended 7 Council and Special Meetings. Attended over 45 Law Enforcement related meetings and 8 public meetings and/or speaking engagements. Completed a sergeant promotional process and promoted one officer to sergeant. Conducted one FDLE accreditation onsite for Wilton Manors Police Department. Purchased 5 administrative and 2 K -9 vehicles for replacement. Received a grant totaling over $5,800 for technology equipment and upgrades. Resubmitted for COPS grant for 2 police officers. 85% of furlough time completed. Road Patrol 399 Incident Reports processed/dispersed to proper agencies and entered into IMC. 15 Juvenile Arrest Reports. 91 Adult Arrest Reports. 84 Accident Reports/Driver Exchanges processed, dispersed/entered into IMC. 139 Traffic Citations processed and entered into IMC. 6 Parking Citations processed, followed up and entered into IMC. 547 Warning Citations processed, followed up and entered into IMC. 397 Subpoenas signed, processed and distributed. 58 Fingerprinting Services. 7,906 Road Patrol Calls. School Resource Officers 25 DARE classes running through a 10 week period. 6 Police Reports written during this period. 18 Uniform Traffic Citations written. Officer Jursik was assigned to assist Road Patrol and Officer Marcinik during this period. Community Policing Completed 8 community contact/meetings: HOA meetings for Sebastian Lakes, Park Place and Sebastian River Landings. Neighborhood Watch Program, scout meetings, bicycle safety and Home and Garden Show. Attended 24 business contacts /meetings: numerous financial institutions, Chamber of Commerce, Substance Awareness Council, Law Enforcement Special Olympics Torch Run and other local businesses. Officer Marcinik gave 4 department tours, including Boy scouts, Girl scouts, and job applicants; Assisted road patrol duties to handle calls for service and covering shift shortages; completed approximately 239 hours on backgrounds for applicants; conducted 4 hours of car seat education to the public; completed 6 backgrounds for police officer; also had 7 hours of community problem solving /intervention in response to various neighborhood issues and to help with crime prevention. Officer Marcinik had 50 officer initiated activities. Officer Marcinik had 29 recruiting inquiries; this includes phone calls and walk -in inquiries. Officer Marcinik also attended a class on the 7 Hidden Social Media and email Liability Traps. Community Volunteer Unit The Community Service Volunteers worked a total of 2,170 hours during this quarter. 55 bank deposit details were made; saving time by not having City Hall personnel leave their normal duties. 844 house watches were completed. 62 vehicle transports were made consisting of taking the vehicles to different locations for repairs etc. 488 business checks were made; these business checks are done to help the patrol officers keep an eye on the business community which cuts down on crime. 247 area checks of banks were made; marked unit's patrolling the banks at various times helps to deter crime. 42 Airport checks were made, to help deter crime. 59 special details were assigned. 8 miscellaneous assists for law enforcement personnel. 140 paper runs i.e.: State Attorneys Office, Sheriff's Office, etc. The volunteers pick up and deliver packages such as council packages, State Attorney packets and what ever other items are needed. ,r 0 z E) Assisted with traffic control on 4 traffic crash scenes. 29 escorts were provided for funerals. Issued 3 handicap parking warnings and issued 1 citation. Training Unit Processed numerous schools for the depai intent which totaled 285 course hours of training. The beginning of April finished up the training weeks and met State required training for police officers. All sworn police officers were recertified in CPR/AED. Investigations Detectives completed State qualification for firearms. 67 cases were assigned. Numerous vehicle burglaries, residential burglaries, frauds, sexual battery, thefts, possession of narcotics, stolen vehicle. 6 felony arrests were made. 27 cases being cleared. 22 cases were inactivated due to no leads. 94 reports /supplements were completed. 7 wan were obtained for possession of trafficking of narcotics, burglary of dwelling and theft. 216 active cases are currently assigned Communications Division 12,677 calls entered into C.A.D. (IMC) of that 3,169 were dispatched calls for service 1,698 were Code Enforcement calls 5,494 were Officer Initiated calls 1,306 were Volunteer Initiated calls 548 were miscellaneous non -law enforcement calls Total 911 calls received 1,634 of that: 546 calls were transferred to other agencies 111 hang -ups The breakdown of the lines is as follows: Wireless 911 calls 854 (cell phones) Wire -line 911 calls 917 (residential and/or business lines) VOIP 911 calls 7 (computer phone) Unknown line 21 Incoming Admin Lines answered on black phones only are 7,179 of that: 1,621 were transferred out of dispatch 646 were abandoned Unknown total calls received on the Siemens phones. Equipment Repairs Radio 911 Phones. Verizon, T- Mobile, Metro PCS and Sprint!Nextel now routed correctly to Sebastian PSAP. New printer /scan/fax/copier. Second computer installed in E.O.C., 911 Center for Sebastian PD. Dispatch operated from County E.O.C., 911 Center during generator repair at the station. Training attended: (2) FDLE Regional Workgroup Meeting; (3) LAI updates training; (7) 911 transfer to the I.R. County E.O.C. (1) Dispatcher terminated. During this quarter as in all quarters, Communications provided the Citizen of Sebastian with house watch requests and cancellation services, citation sign off's, information, phone numbers and other services by contacting other Agencies and/or Depai Liitents for them. Communications takes and dispatches all non emergency and emergency phone calls, as well as requests for Law Enforcement, Code Enforcement and Volunteer services. Communications assist the Officers, Detectives, Code Enforcement and Volunteers with placing phone calls to citizens, parents of juveniles, State Attorney, Court House, Tag Office, Drivers License Office, key holders and any other agency requests they may have as well as sending teletype messages to DHSMV, FCIC/NCIC and other Law Enforcement Agencies regarding cases our agency is working. We also provide service to non resident's by answering questions, giving phone numbers, referring them to the proper agency, etc. We assist other agencies with information and/or request they may have. 4 Alarm Assessments 1. $280.00 in alarm permits 2. $770.00 in false alarms fines 3. 130 alarm responses by officers. 4. 28 New permits issued. Code Enforcement Division 1. Issued 530 written warnings, ranging from grass and weeds too high, trailers parked in front of the property line, trash and debris, yard sale permits, overgrowth of adjoining lot, no permit for a fence install, and etc. 2. 534 Code Violations. 3. 403 Code Services. 4. 564 re- inspections. 384 of the violations were complied with, 58 were not complied with, and 67 were posted for abatement, 48 abated by vendors. 5. 14 Liens filed. 6. 57 releases of liens. 7. 407 violation letters sent in an attempt to gain compliance for various reasons such as grass and weeds too tall, trash and debris, overgrown lots and etc. 8. 106 sign violations, signs in the right of way or illegally posted. Signs were removed and or owners were advised to have them removed. All complied. PUBLIC WORKS DEPARTMENT Engineering Assisted on a daily basis in resolution of numerous drainage and signage inquiries and complaints from residents. Reviewed and coordinated numerous permitting and site plan review items with Building Department and Growth Management. Reviewed for approval numerous FEMA FIRM flood map revisions (in conjunction with Growth Management). Continued working with Collier Canal Stormwater Retrofit; Periwinkle Stormwater. Worked on the DOT Barber St. project. Handled 15 new pool construction inspections. Handled 95 new home construction inspections. Handled 7 new home drainage permits. Handled 60 new fence permits. Set elevation for 1 /4 round project driveway pipes. Set elevation and grade for 5 road crossing pipes. Coordinate with Growth Management on 4 FEMA applications. Worked with FPL on the installation of new street lights. Traffic Division Installed or replaced 26 Regulatory Signs ie stop, speed,etc. Installed 20 warning signs Installed 20 street signs Installed 154 Temporary signs Installed 59 Specialty signs Installed 480 ft of pavement markings Installed 20 arrows Installed 27 Rpm's Spent 20 hours on beacon maintenance Spent 203 hours on straightening posts Used 21 gallons of paint. Spent 106 hours responding to complaints. Roads and Maintenance Schumann tennis courts build new bench at the new pavilion. Finish work on catch basins at Hardee Park. Set up and take down parking lot for the Easter egg hunt. Open and close stage for Easter egg hunt. Cut the lot on Wimbrow Dr. for Collier Project Repair pothole on Barber St. Repair lights at Good Guy dock. Put up new fence, repair water lines and install new lights. Cut trees off road in Schumann area. Cut all bridge approaches and around all guardrails in the city. Cut and clean up the side ditch at 245 Caravan Ter. Repair fence at Stonecrop storm water retention pond and whir. Repair plaque at Riverview Park. Repair light on Indian River Dr, pole number 84. Cut and clean up the ditch at 204 Caravan Ter. Finish painting Skate Park. Put in new elec. at Schumann Tennis courts. Repair washout at Stonecrop storm water retention pond and build new berm and sod it also. Repair light pole number 35 on Indian River Dr. Repair parking stop at the Golf Course. Repair the ceiling in the compound and install new a/c unit. Road crossing at Bevan Dr. and Majestic Ave. Fill in a big hole in the swale on Miller Dr. Repair washout by the catch basin on North Central and US 1. Clean up the right of way on Bevan Dr. and Majestic Ave. Fix the handrail at the Barber St. football concession stand. Fix the guardrail at the Hardee Bridge. Clean up on Barber St by Publix in the right of way after the long arm. Set up for the concert in the park 4/16. Remove old guardrail at Schumann Dr. and Thunderbird Dr. Clean up trash in the alleyway by Chesser Gap Plaza. Repair 10 catch basin in Schumann area. Repair Main St dock. Repair benches and pavilions throughout the city. Repair the street light that was hit on Jackson St and North Central Ave. Check light on all city dock. Build catch basin for Bevan Dr for storm water. Clean up fill pile. Cut and weed eat the big ditch at the Golf Course. Build 4 catch basin for Stonecrop for Storm Water. Repair fence at the Dog Park. Dress up around the driveway on Winbrow Dr. after Jack pours it. Haul dirt and grade it to make a mound for the Bark Park. Remove dead trees from behind a house on Balboa St. Bolt down new air compressor at Golf Course cart barn. Repair exhaust fan and install bars over it after they where broke in to at the Golf Course Maintenance Barn Cut around the whir at Main St and Hardee Park. Cut trees back off road at Biscayne Ln. and Landsdowne Dr, Cut the ditch on Essex Ln. and Schumann Dr. along the railroad right of way. Clean up tile dump in the road on Laconia St. Clean up in the Garage and haul metal to the scrape yard. Clean up in the Compound. Build catch basin for 402 Tulip Dr. Repair car parking lot at Main St. boat ramp. Start spraying ditch in unit 1. Clean up right of way on Nebraska Cir. Build catch for Storm Water for Montrose Ave. Install new bricks at the Clock. Clean up ditch at 564 Balboa St. Work on dock at the Yacht Club for the extension that was added and put on cleats and ladders. Cut palm tree down and install head wall in rear ditch on Orange Ave. Set stage up and take down for concert in the park on 5/21. Move stage to Indian River Fair grounds set it up and break down on 5 /22.and bring it back on 5/24. Road crossing Atlantus Ter, and Gulfstream Ave. Repair boat trailer for the P.D. Clean the rear ditch at Flamingo Ave and Riviera Ave. Put the roof back, repair the hot tub and replace the deck around it on Layport Dr. Remove dead tree that fell for storm on Bayfront Ter. Clean rear ditch at 1367 Clearbrook St. Form up concrete at the Splash Pad for parks. Cut tree back off road for Code enforcement at Caravan Ter. and Glentry Ave. Road crossings at Fairfield Dr. and Arch Ct. Clean up island and install signs for the fireworks. Clean up the two storage bins in the compound. Trim trees in Riverview Park. Install new slide at Riverview Park. Paint checker board in Riverview Park. Repair sign at Easy St. Park. Repair sign at new city hall. Set up the parking lot, signs and barricades for the road closing for the fourth of July. Build and install Bark park sign. Check all elec. in the park for the Fourth of July. Clean up around the dumpster and repair the gates in the boat parking lot behind Hess. Sweep 67 miles 3 dumps and 3 fill up with water. Potholes 8 tons asphalt and one pallet of cool patch. Parks and Recreation Cut back shrubs and trees throughout the City damaged by frost. Set up stage and prepped Riverview Park for 4 Concerts in the Park Set up stage for High School Graduation. Repaired irrigation and removed dead trees on U.S. 1 medians damaged by traffic accidents. Installed protective fence caps on all baseball fields, prepped fields for playoffs, repaired 2 scoreboards and 1 bank of lights, repaired fences and removed graffiti on playground at the Barber St. Sports Complex. Repaired irrigation at Jackson St., Airport, City Hall, Boys Girls Club, Friendship Park, Sports Complex, Community Center Schumann Drive medians. Replaced 2 feature valves, chlorine valve and solenoid, replaced showerhead twice and added concrete to corners at Splash Pad. Set up for Earth Day and Memorial Day ceremony. Set up and ran Easter Egg Hunt. Repaired fence around playground, pressure cleaned pavilions and tables, installed no smoking signs, installed checker /chess board on picnic table and treated for fire ants at Riverview Park Fertilized athletic fields and all City properties. Removed dead trees and trimmed trees throughout City. Installed 3 new tennis nets, repaired playground and fence, replaced 4 basketball nets and replaced court light at Schumann Tennis Park. Installed new shrubs and mulch to bump outs on U.S. 1. Replaced clay surface on court 4 at Friendship Park. Verti cut, top dressed and installed sod in worn area on north football field at BSSC. Roto tilled clay infield on Friendship Park Baseball field and walking trails at George St. and Filbert St. Parks Set up for Special Olympics torch run, employee chili cook off and Friendly Tennis Club picnic at Friendship Park. Added mulch to Periwinkle Park and retrieved benches thrown in lakes in various Parks. Planted 2 Oak trees at Bryant Court Park and replaced swing at Filbert St. Park Repaired walking path, fountain, treated for fire ants and removed dog waste from Easy St. Park. Continued regular maintenance. Cemetery The Cemetery Division continued regular routine maintenance of mowing, weed eating and edging. Fertilized and applied weed killer. Made necessary irrigation repairs. City Garaze Continued working with other depai tiuents to identify their vehicle and equipment needs in the event of an emergency. Daily log sheets and safety inspection reports are being turned in and monitored. Continued maintaining the fuel facility in accordance with E.P.A. standards. The inventory is still being monitored. Nothing new is being added to the inventory in an effort to reduce the amount of items on hand. All city generators are being checked and run on a regular basis to ensure they are in good operating order, as is the backup fuel facility. Facilities Maintenance Quarterly testing of sprinkler systems at City Hall and PD and Lopresti hangar Installed heater kit on refrigerator at City Hall to keep water line from freezing. Conducted pre -bid meeting and walk thru with companies bidding on Janitorial contract Had bid opening evaluated companies and made a recommendation to city council for approval. Replaced Liebert Condensing unit at City Hall Replaced faulty contactor on Generator Transfer switch at Police Depaih,ient Repaired roof leaks at City hall and old city hall Replaced bad A.C. compressor at Golf Course Working with new janitorial contractor W &G Maintenance Yearly testing and tagging of all city owned fire Ext. Replaced burned out pump in fountain at Friendship park Annual elevator certification and license renewal at City hall and School Set up and tear down for various meetings Received and completed 36 work orders in a timely fashion. Replaced leaking drinking fountain at yacht club. Stormwater '/4 round Driveway Replacement 92 driveways were replaced Pipe replacements 2905 lineal feet total o 10" pipe- 60 LF o 12" pipe -1,935 LF o 15" pipe- 300 LF o 18" pipe- 470 LF o 24" pipe- 140 LF Catch basins built and installed -10 Road crossings repaired -9 Armadillo work 25,450 LF Cut back mowing with long arm -Units 1,8,9,13,14,15,16 Vac Truck cleaned o 68 driveway pipes o 60 road crossing pipes o 14 catch basins Front swale '/4 round drainage work Work in unit 13- 21,320 LF GROWTH MANAGEMENT Site Plan Reviews (major, minor and administrative): Site plan hearings /approvals 2 Site plan (commercial) inspections 2 Appeals 1 Extensions 0 Subdivision and PUD Reviews: Division of a single lot 0 Preliminary plats 0 Construction plans 0 Final plats 2 Extensions 0 Annexations: 0 Land Use and Zoning changes: 0 FEMA: Flood zone determinations 19 LOMR (Letter of Map Revision) Applications 4 Code Amendments: Land Development 0 Comprehensive Plan 0 Discussions 0 Zoning Applications: Variances 2 Conditional use permits 0 Overlay District waivers 0 Special events /Temporary use permits 7 Accessory Structures (over 500 sq. ft.) 2 Model home permits (new renewals) 1 Sign permits 11 total 8 permanent, 3 temporary, 0 A -frame Release of Unity of Titles 2 Abandonment of Easements 1 ROW Dedications 0 Residential /Commercial Inspections: Final tree inspections- 30 Land clearing permits 15 11 Residential, 3 Commercial Tree Removal permits 24 Dewatering 0 Erosion Sediment 8 5' Code Enforcement Nuisance 44 Final P &Z (New Construction) 16 Comprehensive Plan: 4 EAR: Scoping Public Hearings, Local Planning Agency and City Council RECYCLE BINS: 59 Key accomplishments: Growth Management took over issuance of recycling bins from Keep Indian River Beautiful and in the month of June distributed 59 bins. When KIRB moved to the Indian River Mall, bin distribution would have gone with them; this would have resulted in Sebastian residents having to go to Vero Beach to pick up the bins. Two Facade, Sign and Landscaping grants were awarded within the CRA. Coordinated staff support for a CRA workshop on the proposed projects for the CRA Master Plan update. Provided research and City Council presentation on pain clinics, wrote the subsequently voted on emergency moratorium ordinance Provided initial review of draft flood insurance maps /FEMA maps, providing comments on the maps to FEMA. Monthly reports to School Board for school concurrency Final report completed for the Periwinkle Stormwater Park FDEP grant Coordinated monthly Safety Committee meetings, monthly newsletter, CPR first aid training classes, and received a grant from Florida League of Cities for future training. Working Waterfronts completed the management plan requirements from Florida Communities Trust and closed on the two acquisitions. BUILDING DEPARTMENT Permitting activity has remained fairly steady. In the month of April there was only 1 new single family residential permit, but in May, there were 3 new single family residential permits, and in June there were 3 new sinclt family residential permits. Commercial permitting activity had only 1 new commercial building and 6 commercial alteration permits for this quarter. Total building permits issued for the third quarter includes 152 for the month of April, 159 for the month of May and 191 for the month of June. The numbe of permits issued during this quarter still reflects an upward trend from earlier this year. 0 The total inspections for the third quarter included 521 for the month of April, 474 for the month of May and 515 for the month of June. The number of inspections this quarter has increased from the previous quarter. The following Business Tax Receipts were issued from April 1 to June 30 New Businesses -33, Renewals -4, Transfers -10, Duplicates -0, Home Based Businesses -28, Commercial Businesses -15, Insurance Companies -7, Solicitor Permits -20. Solicitor Permits -20. Business Tax Receipts appear to be stable showing a reduction in commercial businesses while showing an increase in home based businesses and solicitations. The Building Department was due to undergo an audit from Insurances Services Office (ISO). This audit is performed every 3 years. It grades the Building Department's overall effectiveness at enforcing the Building Code by looking at such things as code adoption, qualifications, continuing education, staffing levels, number of permits, number of inspections, and others. The purpose of the audit is to measure the community's efforts to mitigate property damage due to natural disasters through the enforcement of the latest codes. This year, we received a Building Code Effectiveness Grading Schedule (BCEGS) of class 4 for residential and class 4 for commercial. This is on a scale of 1 -10 with one being an exemplary commitment to building code enforcement. We were able to maintain the same score we had 3 years ago and over all is as good or better than the state average and exceeds the nationwide average in every section. GOLF COURSE Total revenue for 3 quarter: $289,355. Golf Rounds for 3rd quarter: 12,415. Green Fee revenue for 3 quarter: $103,664. Cart Fee revenue for 3 quarter: $144,927. Golf shop revenue for 3 quarter: $18,266, an increase of $1,743 over fiscal 08-09 3 quarter. Driving range revenue for 3 quarter: $9,660, an increase of $387 over fiscal 08-09 3 quarter. Discount Card revenue for 3 quarter: $155. Club Rental Club Storage revenue for 3 quarter: $537. Computerized golf handicap revenue for 3 quarter: $240, an increase of $180 over fiscal 08 -09 3 quarter. Rents Royalty revenue for 3 quarter: $9,648, an increase of $1,464 over fiscal 08-09 3 quarter. Professional golf lesson revenue for 3 quarter: $1,859, an increase of $904 over fiscal 08 -09 3 quarter. Annual Membership/Initiation revenue for 3 quarter: $0 (Majority of Membership /Initiation revenue received in 1st quarter.) Charity, Corporate and special Golf Tournaments for 3 quarter included Vero Beach First Presbyterian Habitat for Humanity Charity Tournament (108 players), Piper Aircraft Golf Tournament (144 players), Sebastian Chamber of Commerce Golf Tournament and Skills Competition (104 players), Brevard Rugby Golf Tournament (140 players), No Name Bar Golf Tournament (72 players), Sebastian River Moose Lodge Golf Tournament (28 players) and Sebastian River High School Touchdown Booster Club Golf Tournament (92 players).. Donated rounds of golf and/or golf course merchandise to numerous charitable fundraisers and events. By donating to worthy causes, SMGC provides key support to numerous community endeavors. Received new fleet of Club Car golf carts, entailing 86, 2010 DS electric carts and one (1) gasoline Carry -All II maintenance vehicle. New lease agreement will last 39 months. Gave numerous junior golf lessons during the month of June through private lessons as well as through two, week- long junior golf clinics. Entered into promotional deal with Cumulus Radio, which entailed over 200 radio commercials mentioning Sebastian Municipal Golf Course. Director of Golf received recertification in CPR, First Aid and AED use. Offered summer promotion special for all active and retired military personnel for the month of June. in ara sLOTRN HOME OF City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Resolution No. R -10 -26 Supporting Prohibition of Chumming from Local Beaches Approved for Submittal by: Al Minner, City Manager Agenda No: 1 I Z Department Origin: City Clerk as requested by Mayan Gijtmor City Attorney: k- e-,-•=..- -y Date Submitted: 8/18/2010 For Agenda of: 8/25/2010 Exhibits: R -10 -26 SUMMARY STATEMENT Mayor Gilimor has requested preparation of a resolution supporting the prohibition of chumming from local beaches. The City of Vero Beach and the Town of Indian River Shores recently passed ordinances prohibiting chumming from beaches in their jurisdictions and the Town of Orchid is considering adoption of an ordinance on September 1, 2010. The Indian River County Commission has not taken any action on the issue at this time. RECOMMENDED ACTION At City Council's discretion: Move to adopt Resolution No. R- 10 -26. WHEREAS, the City of Vero Beach and Town of Indian River Shores have adopted ordinances prohibiting "chumming" or "bloodbaiting" from local beaches within their jurisdiction; and WHEREAS, the Town of Orchid is scheduled to conduct a public hearing on the prohibition on chumming from its beaches on September 1, 2010; and WHEREAS, although the City of Sebastian does not have direct access to Atlantic Beaches within its limits, the City Council concurs with the municipalities in Indian River County which have beach access and have taken steps to ensure the safety of their citizens by banning the practice of chumming or blood baiting for the purpose of attracting sharks. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. The City of Sebastian City Council lends its support to the beachside municipalities in Indian River County to prohibit "chumming" or "bloodbaiting" and further, encourages Indian River County to impose the same restrictions for all of unincorporated Indian River County beaches to ensure citizen safety. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put into a vote, the vote was as follows: The Mayor thereupon declared this Resolution duly passed and adopted this day of 2010. ATTEST: Sally A. Maio, MMC City Clerk Approved As to Form And Legality For Reliance by the City Of Sebastian Only: By: Mayor Richard Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright Robert A. Ginsburg, City Attorney RESOLUTION NO. R 10 26 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE PROHIBITION OF "CHUMMING" OR "BLOODBAITING" FROM INDIAN RIVER COUNTY BEACHES; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. SECTION 2. This resolution shall become effective immediately upon its adoption. CITY OF SEBASTIAN, FLORIDA By: Richard H. Gillmor, Mayor C v Subject: Adjust Meeting Schedules for November and December 2010 Ap or Submittal by: r, City Manager December December 1st Regular Meeting December 15th Regular Meeting tar a SED How O PELKId4 ELAND 1225 Main Street Sebastian, Florida 32958 Agenda No: 10 1 25 SUMMARY STATEMENT Department Origin: City Clerk/Cit Manager City Attorney: Date Submitted: 8/11/10 For Agenda of: 8/25/10 Each year City Council reviews and adjusts its meeting schedules for November and December to accommodate holiday schedules and City Hall closures. Due to holiday closures on Thursday, November 11 Thursday and Friday November 25th and 26th and Thursday and Friday December 23rd and 24 we recommend the following schedule for November and December meetings. In the event of need, a Special City Council Meeting can be called provided there is 24 hour advance notice in accordance with the City Charter. RECOMMENDED ACTION November November 8th Special Meeting for Swearing In (by Charter) November 17th Regular Meeting 1