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HomeMy WebLinkAbout10272010 AgendaALL AGENDA ITEMS MAY BE 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 Led by Cub Scout Troop 589 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. 10.143 A. Himanshu Mehta IRC Solid Waste Sebastian Electronic Recycling Event 5 Brief Announcements 9. PUBLIC HEARINGS None CITY OF sEB,ksirtAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 27, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 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 -18 A. Approval of Minutes 10/13/10 Regular City Council Meeting 10.144 B. Approve Road Closures for Christmas Parade on December 3, 2010 (Transmittal) 19 10.145 C. REMOS Aircraft USA Administrative Office Lease Use Agreement (Airport 21 -41 Transmittal, Lease, Media Page) 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. UNFINISHED BUSINESS 10.141 A. Community Development Block Grant Review Potential Projects (GMD Transmittal) 43 63 11. PUBLIC INPUT 12. NEW BUSINESS 10.039 A. First Reading Ordinance No. 0 -10 -07 Capital Improvement Element of the Comp 65 Plan Public Hearing November 17, 2010 (GMD Transmittal, 0- 10 -07) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Wolff B. Council Member Wright C. Mayor Gillmor 10.146 i. Appoint Council Member to Monitor November County Commission Meetings D. Vice -Mayor Hill E. Council Member Coy 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: November 8, 2010 Special Meeting Election Results and Swearing In 6:30 pm November 17, 2010 Regular Meeting 6:30 pm December 1, 2010 Regular Meeting 6:30 pm December 15, 2010 Regular Meeting 6:30 pm PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09 -45 Regular City Council Meetings Public Input is ALLOWED under the headings: Consent Agenda NI' Public Hearings 4. Unfinished Business si 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); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); Ni 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. 0 0 a. O es 0 0 E 0 0 0) 0 0) eu 0 City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright None. CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 13, 2010- 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the regular meeting to order at 6:30 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Administrative Services Director, Deb Krueger Building Director, Wayne Eseltine Growth Management Director, Rebecca Grohall Police Captain, Bob Lockhart Police Captain, Mike Beyer MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Regular City Council Meeting October 13, 2010 Page Two 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. 10.137 A. Proclamation National Arts and Humanities Month Barbara Hoffman, Vice- 5 Chairman; Board of Directors and Mary Jayne Kelly, Executive Director; Cultural Council of Indian River County Mayor Gillmor read the proclamation and presented it to Ms. Hoffman. Ms. Hoffman said the Cultural Council plans to development a comprehensive art plan for the County and will be stopping by to get ideas as far as defining the arts, humanities, sciences, and environment within the community. Ms. Hoffman introduced Director, Mary Jayne Kelly who distributed 2010 -2011 Community Event Calendars. Brief Announcements Ms. Coy invited interested individuals to be Salvation Army bell ringers in the North County from November 12 to December 24 and gave the phone number (772) 978- 0265. She also asked staff to put a slide on Channel 25. Ms. Coy announced a Senior Center Activities Fair open to the public to be held at the Vero Beach Senior Center the next day, October 14 from 3:00 -7:00 for anyone looking for new, low cost senior activities. She also said Kelly DeLong would be at the Sebastian Senior Center on October 15 to hear what the north area residents would like to see. Mr. Wolff announced the Indian River County Historical Society event called "Telling Tales" lantern light tour of the Brookside Cemetery would be held October 30 from 4:00 to 6:00 p.m. 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 20 A. Approval of Minutes September 22, 2010 Regular Meeting 10.138 B. Resolution No. R -10 -42 Partial Vacation of Easement 667 Benedictine, Lot 6, 21 -36 Block 257, Sebastian Highlands Unit 10 (GMD Transmittal, R- 10 -42, Map, Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 6, BLOCK 257, SEBASTIAN HIGHLANDS UNIT 10, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 10.139 C. Authorize the City Manager to Enter Into a St. Johns River Water Management 37 -59 District ERP General Consent Order 954417 (Airport Transmittal, Order) 2 Regular City Council Meeting October 13, 2010 Page Three MOTION by Ms. Coy and SECOND by Mr. Hill to approve consent agenda items A -C. Roll call vote: AYES: All NAYS: None Passed 5 -0 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. 10.003 A. Construction Board (City Clerk Transmittal, Applications, List) 61 -74 i. Consider Waiving the Rules to Reappoint Incumbents The City Manager said the Board hasn't been active but is statutorily required. He noted the incumbents had been contacted and agreed to stay on the Board. The Clerk noted the Code requires her office to advertise for all vacant positions. Mr. Wright said he discussed sunsetting the Board with the City Manager since they have not met for two years. He said they are to review the Land Development Code (LDC) but they have not done so, and Council has received consistent complaints about the LDC. Mr. Hill suggested conducting a comprehensive review of all City boards. The City Manager said staff recommends keeping the Construction Board and said they can review the LDC but stated they hear appeals to code determinations, the members are trade specific to make determinations; and they can prosecute unlicensed contractors, a function that can also be performed by the Indian River County Construction Board as well as the Special Magistrate. Mayor Gillmor asked if Council could task the Construction Board with looking at the LDC regulations. The City Manager said the building regulations could be looked at but they are mostly set out by State law that cannot be changed, but they could provide cost feedback on construction. Mayor Gillmor said he would like them to look at onerous regulations for people trying to open a small business. Mr. Wright said he didn't see a viable forum for contractors to resolve their complaints so the Construction Board could look at this. Mr. Wolff said more information on their tasks is needed before making a decision with the Board. Mr. Wright asked the Clerk to read their tasks and duties from the Code of Ordinances. The Clerk read Code Section 26- 197(1 -4). Mr. Hill suggested putting this on a future agenda for further discussion and at Mr. Wolff's suggestion, invite the Board members. Mr. Wright said the local contractors should be involved to allow a forum to air their complaints. The City Manager said he would like the Building Director to get with the Board to discuss what Council has discussed and bring this back in January. 3 Regular City Council Meeting October 13, 2010 Page Four MOTION by Ms. Coy and SECOND by Mr. Wright to reappoint the standing Construction Board members for another term (this is for the four vacant positions) carried on a voice vote of 5 -0. 10.017 B. Natural Resources Board (City Clerk Transmittal, Application, List) 75 -79 i. Interview, Unless Waived, Submit Nomination for One Vacant Position Ms. Howe introduced herself and Mr. Wolff asked about the organization she started called the "Green Angels." She said she started this group to work with the schools and day care facilities to encourage recycling, using biodiesel buses, and work on little things. Mr. Wright nominated Ms. Howe and Council concurred with a voice vote. 9. PUBLIC HEARINGS 10.048 A. Resolution No. R -10 -39 Transmittal Hearing and Adoption of Evaluation Appraisal 81 -190 Report (GMD Transmittal, R- 10 -39, Exhibit A) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT FOR THE CITY OF SEBASTIAN COMPREHENSIVE PLAN; STATING THE INTENT OF THE CITY COUNCIL TO AMEND THE COMPRESHENSIVE PLAN BASED UPON RECOMMENDATIONS CONTAINED IN THE REPORT; AUTHORIZING TRANSMITTAL OF THE REPORT TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ 9/28/10) The City Attorney read Resolution No. R -10 -39 by title. Brandon Schaad, Outlier Planning, said they were here to adopt the plan and he gave a brief PowerPoint presentation outlining the major issues. (see attached) Mr. Wright pointed out that the latest census figures were not included and asked how they would be incorporated. Mr. Schaad said the detailed numbers wouldn't be out for a couple of years. Mr. Wright noted the 2000 Long Range Transportation Plan was adopted by the MPO earlier in the day and was available for inclusion. The public was invited to provide input at 7:08 p.m. Damien Gilliams said he sees a lot of things in the plan that will deter growth yet on the other hand Council is giving tax breaks to businesses that want to come to Sebastian. For the people at home, he asked Mayor Gillmor to have Mr. Schaad go over the table of contents so they know what is in the report. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Resolution No. R- 10 -39. Mr. Wright asked where the public could find the document. The Growth Management Director said it is available on the City's website in the Growth Management Section: cityofsebastian.org, public records in Laserfiche, sebastianear.com, and hard copy is in the Growth Management Office. 4 Regular City Council Meeting October 13, 2010 Page Five Mayor Gillmor closed the public hearing at 7:12 p.m. Roll call vote: AYES: All NAYS: None Passed 5 -0 10.140 B. Resolution No. R -10 -40 Update to CRA Master Plan (GMD Transmittal, R -10 -40 191 -309 with Exhibit, Legislative Copy) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN UPDATE TO THE COMMUNITY REDEVELOPMENT AREA MASTER PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (PJ 9/29/10) The City Attorney read Resolution No. R -10 -40 by title. Brandon Schaad, Outlier Planning, said this update is primarily a capital improvement update to the 2003 CRA Master Plan. He gave a brief PowerPoint presentation. Mr. Hill said some items did not change since this was not a complete revision; and noted the original plan included statements referencing the working waterfront and the preservation of Sebastian's fishing history which he found interesting. Mayor Gillmor said he had problems with terminology referencing Riverside and Riverview Drive in the document maps. He said he would like to see the references blacked out and Indian River Drive inserted. The City Manager explained those names were the original names when the road was platted over the years and it would be a tremendous amount of work to change the base maps going all the way back to the plat maps. He offered to have Senior MIS Systems Analyst, Barbara Brooke Reese, black out the names and rescan the maps for the website and Clerk's file. Ms. Coy suggested a disclaimer recognizing the different names for Indian River Drive and that we are working on a solution. Mr. Wolff asked Mr. Schaad if the capital improvement table on circle page 263 was his work or from the original plan. Mr. Schaad said it was from the original plan but he pulled out what wasn't going to happen. Mayor Gillmor also noted the chart on circle page 262 shows incorrect information and asked that the expected CRA revenues be updated. Mr. Hill agreed, but said the chart spoke to outdated items noted earlier in the document; the contractor was asked to look at the capital improvement items; and to update the whole document it would cost a lot more. The Mayor asked for public input at 7:29 p.m. Damien Gilliams said he didn't see anything on how the plan is going to create jobs in the district. He offered that the Small Business Administration (SBA) has two programs that 5 Regular City Council Meeting October 13, 2010 Page Six will share revenue with businesses and with matching down payments, help small businesses get loans. He briefly outlined the SBA 504 and SBA 7A Programs. He asked Council to put the document on hold until these programs are incorporated to help businesses thrive and buy real estate. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Resolution No. R -10 -40 with a disclaimer regarding the wording of Indian River Drive. Mr. Wright described the difficulty of receiving SBA loans. Mayor Gillmor closed the public hearing at 7:40 p.m. Roll call vote: AYES: All NAYS: None Passed 5 -0 10.141 C. Resolution No. R -10 -41 Community Development Block Grant (CDBG) (GMD 311 -372 Transmittal, R- 10 -41, Letter, Map, Plans) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2010 -2014 FIVE YEAR CONSOLIDATED PLAN, 2010 ANNUAL ACTION PLAN AND AN APPLICATION FOR CDBG FUNDING FOR FY2010 (SF 424); AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND TRANSMIT ALL DOCUMENTS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (PJ 9/29/10) The City Attorney read Resolution No. R -10 -41 by title. The Growth Management Director explained this would be the City's first year of participation in the CDGB Program which is designed for low to moderate income areas which included the CRA district and the project that staff was proposing was the Riverview Park lift station. Mr. Hill pointed out that since the project is already budgeted, that money can be used elsewhere if the City received this grant money. Mr. Wolff cited the HUD letter speaking to low income residents and returning veterans and asked how the lift station factors into those residents. The City Manager said the short answer was that it doesn't; the money can be used for a number of items but staff chose the lift station, but Council could change the goal which would need more homework. Mayor Gillmor said he was surprised that he had not seen the letter addressed to him from HUD and that Council wasn't in the loop earlier to discuss how these funds might be used; he noted they have discussed economic development, an incubator, or a business analyst to help small businesses. He requested discussion on the best use of the money. He said there isn't a better time to buy a home for veterans. Mr. Hill said it is unfair to come up with an idea tonight without background such as how many veterans are coming in and need help. The City Manager said there is not a time 6 Regular City Council Meeting October 13, 2010 Page Seven dilemma. Mr. Hill said the project has already been approved, those funds could be put back into the budget, but there should be an idea where to spend the bonus check. Mr. Hill suggested tabling the item to have discussions with the City Manager as to where the money should go or go ahead and free up the money in general revenues. Mr. Hill also said it is the responsibility of staff to seek grant funding, this covers something already budgeted for and he was comfortable approving this for this purpose. The City Manager explained that the City could apply for the small cities grant CDGB funding or the recurring entitlement CDGB funding and in the past the City has applied for the small grant until this Council decided in 2009 to opt -in for the recurring grant funding. He said through the CIP process he talked to Council and the Parks Recreation Committee about the lift station. He said Council could approve or discuss other entitlement projects for this year and in the future. He cautioned that they will spend a good portion of staff time managing the $100K. Mr. Wright concurred that if they accept the grant, they have substantial obligations such as public hearings for two years. The City Manager agreed that hearings are required but HUD has helped the City since many communities have stopped taking the money because of the bureaucracy. The City Manager said he would take direction and move accordingly noting in his experience, once the program is started, working with HUD will become repetitive and easier; but difficult to manage. The City Manager suggested identifying projects through a committee or the Local Planning Agency (Planning and Zoning Commission). The Growth Management Director said the entitlement program is actually a more stream -lined process because the federal government has determined the City is entitled to the money and when the Census figures come out, the entitlement amount will go up. Mr. Wright said it was interesting that the City's gem, Riverview Park, falls in a blighted area. The City Manager said HUD recognizes that when you do a redevelopment district you have done a blight study which includes the whole CRA district. Mayor Gillmor citied the three categories on circle page 347 that the money could be applied for. Ms. Coy said she was prepared to keep as it is and plan down the road. Mr. Wright agreed this was a reasonable approach. Mr. Wolff said the budget doesn't have $100,000 to help someone start a small business, help a head injured veteran, or someone put a roof over their head so Council might be missing an opportunity to help people right now who don't have a revenue source; Council should review the objectives noting he agreed with the lift station but they should be sure that is the project they want. Mr. Hill agreed with Mr. Wolff as long as they did not lose $100,000. The City Manager said he didn't think HUD would wig out on a 60 day delay. 7 Regular City Council Meeting October 13, 2010 Page Eight MOTION by Mr. Hill to table and have it brought back as soon as possible to discuss different options for spending the grant. SECOND by Mayor Gillmor who asked if this was for FY2010. The Growth Management Director said in HUD numbers our FY2011 is their FY2010. Mayor Gillmor called for public input at 8:14 p.m. Joe Scozzari commended the City Manager for receiving the grant and not telling any one. Mr. Hill called for a point of order, asking the speaker to address the Chair. Damien Gilliams commended Council for tabling the grant, stating it really needs to help veterans and if he knew there were major problems at the Park he would have raised concerns. He asked Council to direct staff to fix the restroom right away. Roll call vote: AYES: Hill, Wolff, Gillmor NAYS: Coy, Wright Motion to table passed 3 -2. 10. UNFINISHED BUSINESS none. 11. PUBLIC INPUT Nick McGrath, Sebastian, said in June 2009 he spoke to the City Manager's Executive Assistant and a couple of City departments who said the City was under contract for printing services; a year later he came back and spoke to the City Manager who said employees use a local company but a bid would go out. He said he submitted a bid two months ago and it has yet to be awarded. He said he would just like as- needed business, yet the City continues to use the local vendor with the expired contract and the Police Department is using the prison system for their printing needs. The City Manager said he was in business to save money and also help local business; there is not a standard policy; and the department heads get supplies where it is the least expensive. He said when the bid went out, the two big jobs were the budget (book), and the Pelican Brief and staff has subsequently decided to do the Pelican Brief electronically this year. He acknowledged Mr. McGrath was the low bid on many of the items but some of the numbers were so low that staff didn't know if they did the bid documents right; the existing vendor protested the bid; and there was a reasonable difference of $1,000 among the bids for printing the budget (book). He said he did not have the time to make a determination on this but his Assistant did tell Mr. McGrath that it would be on the agenda. He said they may rebid the budget job which will be about a $5,000 job. Mr. McGrath said he would like to be contacted for business. Mr. Wright confirmed the amount of printing is minimal. The City Manager staff is trying to spread the business throughout the community and they are doing their best. 8 Regular City Council Meeting October 13, 2010 Page Nine Mr. McGrath asked Council if they agreed that Pride should have the Police Department contract. Mr. Hill said they would need all the information on that before commenting. Joe Scozzari said a local food vendor expressed to him that he feels taken advantage by local non profit organizations which offer weekend dinners and lunches, and he asked if there is a State law limiting the number of open houses an organization can have a year. Mayor Gillmor asked which non profits are doing this. Mr. Wolff said for example, clubs like the Armenian American Club which has an authentic breakfast. Ms. Coy said the non profits must apply for a license from the State and they are allowed to so many open houses and she wasn't sure that was enforceable at this level. Harvey Wheeler, Sebastian, requested a feasibility study to reinstate the Engineering Department to provide accountability; complete the CRA parking study, saving $27,000; provide storm water design to reduce the nutrient loads into the Indian River Lagoon; and provide conceptual drawings for more aesthetic pedestrian bridges. Ben Hocker, Sebastian, said he was looking for the CRA agenda on website and came across a Main Street marina blueprint which is different that what is there and he asked if this was a new project. Mayor Gillmor said that document was old. Mr. Hocker said the "do not enter" sign at the boat launching exit area isn't visible and he asked if it could stick out more. He also said there are pedicabs pushing people off the sidewalk along Indian River Drive and he asked if the City has any control over this. Mr. Wright asked where they picking up passengers. Mr. Hocker said yes at Earl's Hideaway. The City Clerk said all the Council packets are available on the home page under Meeting Agendas. Damien Gilliams said St. Sebastian Catholic Church is now having a flea market and suggested the City hold a monthly flea market. He described a recycling bank program recently instituted in Cherry Hill, New Jersey and asked the City look into it. Mr. Gilliams said staff should spread printing needs among the businesses in the community; he could relate to Mr. Scozzari's non profit concern which could be looked at down the road; and said the parking study is a perfect thing for the Construction Board to do. He asked if City staff painted the building where the Art Club is to be located. Mayor Gillmor replied that Club members did the painting. 12. NEW BUSINESS 10.142 A. Request from Joe Scozzari for Candidate Forum in Council Chambers with MIS Broadcast Services and Equipment (City Manager Transmittal) 9:02 pm Mr. Hill cited the broadcast policy that prohibits politicing from the dais or podium and he removed himself from his position so he would not break the policy and he left the chamber. 9 Regular City Council Meeting October 13, 2010 Page Ten The City Manager said thiswrequestfrom Open Arms and Open Hearts to petition Council for a candidate forum and Vicky Lada was present to answer any questions. Mr. Wright asked if the request was reviewed by the City's Communication Committee. The City Attorney said it was not required in this instance since it was not an appeal. The City Manager said the request comes to Council because it is a live coverage and it would be up to Council to allow an additional forum. The City Attorney expounded that the procedure for the Committee relates to packaged programming that somebody wants to broadcast over the public channel for replay and this request did not fall within that parameter. Mr. Wolff asked Ms. Lada how many hours she was requesting and who would be the moderator. Ms. Lada replied it would be two hours, and Cal Stewart would moderate. Ms. Coy remembered Coleman Steward ran for the school board and asked if this was the same man. Ms. Lada said that she never met Mr. Stewart but he was recommended by Mr. Gilliams. Mr. Wright asked what her position was with Open Arms and Open Hearts ministry. Ms. Lada said she was the treasurer. Ms. Coy said the organization is not listed locally and asked what functions are held in the City. Ms. Lada said she is holding bible studies at her house; she is the key holder to Ms. Falco's local house; and Ms. Falco holds Internet radio shows. Ms. Coy noted the ministry's website is listed in Bradenton and asked how Council could justify that organization is a local, charitable organization. Ms. Coy said Ms. Lada was the representative, she couldn't tell them about the moderator, and she asked about the format to which Ms. Lada said there will be three reporters to ask questions and the candidates could ask questions of each other. Ms. Coy asked how many candidates there are. Mr. Gilliams whispered an answer to Ms. Lada and Ms. Coy called for a point of order. Mr. Gilliams said there was no need to badger Ms. Lada. Ms. Coy called again for a point of order and said she was trying to get to the issue. Ms. Coy asked Ms. Lada when was she asked to do this and Ms. Lada said yesterday. Ms. Coy noted the Open Arms and Open Hearts letter came to them Monday. Ms. Coy said there didn't seem to be a lot of planning and asked if she was aware of the two other forums held in the City. Ms. Lada said she was aware of the Property Owners and the Chamber; and said this was offered by a non partisan, open forum type of thing, not any political organization. Ms. Coy said the reason the two organizations holds forums every year is one represents residents and one is the business owners which represents 100% of the taxpayers. Mayor Gillmor noted the proper order is that if anyone was interested in going forward, there should be a motion. 10 Regular City Council Meeting October 13, 2010 Page Eleven Mr. Wolff said he was nervous as to where the discussion was going, and noted there are many forums going on in the County and we should not say only two groups can have a forum. Ms. Coy asked him to name other places that televise forums and the issue is use of government property and staff.' Mr. Wolff asked if that meant that Council should cancel the SPOA and Chamber forum. Ms. Coy said Council should re -look at the resolution and what they want to accomplish. MOTION by Mr. Wolff to approve the application by Open Arms and Open Hearts for a candidate forum. Motion died for lack of a second. Mr. Gilliams approached the podium to speak and Mayor Gillmor said there was no discussion after a dead motion and called for a recess at 9:22 p.m. He reconvened the meeting 9:29 p.m. and all members were present. 13. CITY ATTORNEY MATTERS none. 14. CITY MANAGER MATTERS The City Manager reported the assessed value increased a little over 1 generating more revenue and he administratively adjusted the final millage rate downward to 3.3041 for FY2011; there are a number of street surfacing projects going on; the Skate Park office is under construction; permits are being gathered for the Schumann Park restrooms; Mr. Schulke is working on riverfront design concepts for the bump -out, parking, signage; Mr. Watanabe is working on the gateway concept; staff is working on improvements at Hurricane Harbor and the fish house; and staff is working with Neel Schaffer on the design concept for the VRaptor hangar. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Council Member Coy Ms. Coy said the last item has brought attention that the City Broadcast Policy needs some review and discussion and if there was consensus, she would like the policy and resolution on the agenda in December. There was no objection from the other Council Members and the City Manager agreed to agendize the review. B. Council Member Wolff none. C. Council Member Wright Mr. Wright reminded everyone that early voting started Monday at the old School House and runs from 8 a.m. to 4 p.m. D. Mayor Gillmor Mayor Gillmor requested an unstructured workshop with staff and the department heads, to be held on the floor to brainstorm, and talk about what's on everyone's mind and come up with a grand vision for the City. 11 Regular City Council Meeting October 13, 2010 Page Twelve ATTEST: There was consensus to change one of the December meetings to a workshop if an agenda turned out to be light; otherwise to hold it in January. E. Vice -Mayor Hill Mr. Hill said he went to the Sebastian Art Club on Monday, and found the work to be phenomenal and suggested all Council Members visit the Club. He noted they have some art hanging which displayed their vision. He invited the public to their Open House on Saturday, October 16 from 10 a.m. to 4:00 p.m. Mayor Gillmor added that they hoped to have artists working for the public. Mr. Hill said the sign for Tropical Smoothies is done and looked wonderful. 17. Being no further business, Mayor Gillmor adjourned the regular City Council meeting at 9:39 p.m. Approved at the October 27, 2010 Regular City Council meeting. Richard H. Gillmor, Mayor Sally A. Maio, MMC City Clerk 12 Subject: 12/4/10 Christmas Parade Route Street Closings Ap rov for Submittal by: nner, City Manager area SETIAN HOME OF PELICAN ISLAND 1225 Main Street Sebastian, Florida 32958 Agenda No: 0 i y q Department Ori i CI -rk City Attorney: Date Submitted: 10/19/10 For Agenda of: 10/27/10 City Attorney SUMMARY STATEMENT The annual Christmas parade and Santa visit is sponsored by GFWC Sebastian Womens and Juniors Womens Clubs, Sebastian Property Owners Association, Sebastian River Area Chamber of Commerce, and City departments. GFWC will provide the Santa House, hotdogs /sodas /coffee and its band will provide music in Riverview Park; Parks Department will provide barriers and prepare signs for the Main Street parking lot and ramp, provide audio equipment, and work with the Craft Club for location of tents at their show on that day offering them the opportunity to participate by staying open into the evening; the Chamber will take applications for floats, SPOA will coordinate the parade setup, and volunteers will work with us to close and reopen streets and direct traffic. I will be contacting all businesses on Indian River Drive to advise them of our plans to close and reopen Indian River Drive as the parade progresses toward Riverview Park. We would ask that you close the following streets: Indian River Drive from Jefferson Street on the north to the south end of its intersection with Sebastian Boulevard, starting on the north end at 4:00 pm to line up floats into the Main Street parking lot until the parade leaves the area at 6 pm. Streets coming into Indian River Drive would not need to be closed until just before 6 pm and then reopened as the parade progresses. Main Street from US 1 to the river from 4:30 pm until the parade leaves at 6 pm. Sebastian Boulevard from the river to just east of the Hess station from 6 pm to the end of the event in Riverview Park. We suggest there be a sign placed at US 1 and Main, and at both ramps and parking lots as soon as possible to notify boaters of this activity. We plan to use the boat parking area on Main Street as our parade staging area and request that we be allowed to notice that it must be vacant by 3 pm. RECOMMENDED ACTION Approve street and Main Street boat lot closings for the Christmas parade and Riverview Park Santa visit on December 4th as requested. Subject: REMOS Aircraft USA Airport Lease Agreement Approved for Submittal by: A1/M ner, City Manager EXPENDITURE REQUIRED: -0- MUNICIPAL AIRPORT AGENDA TRANSMITTAL City of Sebastian, Florida Agenda No. /0. 1' Department: Airport (origin): Finance Director: City Attorney: City Clerk: Date Submitted: For Agenda of: Exhibits: 1. Airport Lease Agreement; 2. REMOS Aircraft media page AMOUNT BUDGETED: -0- October 19, 2010 October 27, 2010 APPROPRIATION REQUIRED: -0- SUMMARY Mr. Earl Boyter, an Indian River County Resident and V.P. Sales/Marketing for REMOS Aircraft USA, has requested rental space at the Airport Administration building. His request is for two (2) offices in order for REMOS to conduct sales /marketing of aircraft manufactured at the company's home office in Germany. REMOS Aircraft is the world's leading manufacturer of Light Sport Aircraft. Founded in 1994, REMOS is an international aerospace manufacturing company with operations in Europe and North America. REMOS' flagship product, the REMOS GX aircraft, is an all- composite, single engine, recreational aircraft certified by the FAA and EASA. Manufactured in a state -of -the -art facility in Pasewalk, Germany, REMOS aircraft are distributed and supported world -wide through a network of exclusive sales, maintenance and flight training programs. Mr. Boyter has indicated that he will hire one additional employee to assist his efforts. The airport lease presented for consideration is for a month -to -month tenancy for furnished office space that totals 232.5 square feet. Utility usage would be on a pro -rata basis. RECOMMENDATION Approve execution of the Airport Lease Agreement between the City of Sebastian and REMOS Aircraft USA. AIRPORT LEASE THIS LEASE, made and entered into this 28 day of October, 2010 by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord and Earl Boyter as agent for, REMOS Aircraft USA (hereinafter referred to as "Tenant The Landlord and the Tenant are sometimes collectively referred to herein as the "parties This document contains seventeen (17) pages, plus Schedule "A." WITNES SETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the certain property is also available for use for those activities consistent with or in support of aviation activity; and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. RECITALS. The stated recitals are hereby incorporated by reference in this Lease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, and in accordance with the Principal Guiding Documents for Sebastian Municipal Airport, the Landlord hereby leases to the Tenant and the Tenant hereby rents from the Landlord that portion of the real property of the Landlord which is described more particularly on Schedule "A" affixed hereto and made a part hereof by reference C L (hereafter referred to as the "leased premises A In the event that any portion of the Leased Premises A is needed for actual improvements to the Airport, any portion thereof rendered unusable to Tenant shall be released from this lease and the rental payments adjusted accordingly. Pending approval of the underlying lease by the City Council of the City Of Sebastian, it is understood that Tenant shall have access to leased premises A on October 28, 2010. It is understood that Tenant's start date for rent payments on the leased premises is November 1, 2010. Tenant agrees to `hold harmless' the City Of Sebastian for any /all claims, liability, and damages resulting from activities by Tenant during move -in. 3. TERM OF LEASE. This is a month -to -month tenancy. The Tenant shall have the option to extend the lease for a period of one (1) year with agreement by the City of Sebastian. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) Monthly, in advance, at a rate of $250 per month. The parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. If Tenant extends the lease beyond December 2011, he /they will be subject to CPI adjustments. In January, 2012, the Landlord will compare the most recent price index with the base price index for 2011, and the yearly rent amount shall be increased based upon changes in the price index, if appropriate, on February 1, 2012. Another such adjustment shall be undertaken for February 1, 2013, and every year thereafter until the expiration of the lease. (b) Time of the essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof In the event that any rental payment due hereunder shall not be paid within five days of when due, Tenant shall pay Landlord a late payment fee of 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. 2 (c) Default in rent. If any of said sums of money herein, required to be paid by the Tenant to the Landlord, shall remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall demand Tenant vacate premises within two (2) days. In addition to the option herein granted above, the Landlord may exercise any and all other options available to it hereunder or under law, which options may be exercised concurrently or separately with the exercise of the above option. (d) Default in provisions. If the Tenant shall default in the performance of any other term of this Lease (except payment of rent), the Landlord, or its agent or employee, shall send to the Tenant a written notice of default, specifying the nature of the default, and the Tenant shall, within thirty (30) days after the date of said notice, cure and remedy said default, whereupon this Lease shall continue as before. If the Tenant shall fail to cure and remedy such default within said time, the Landlord shall have the right to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder or under law, including, but not limited to, those remedies, procedures and rights specified in the other paragraphs of this Lease. (e) In addition to the rental amount, the Tenant shall pay Florida sales tax, if applicable. (f) The above rental for the leased premises shall be payable in advance, in monthly installments, commencing on November 1, 2010. 5. IMPROVEMENTS TO THE PREMISES. Tenant acknowledges that any improvements are owned by Landlord. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 6 hereof, and shall have the right to construct improvements upon the leased premises, provided any such improvements do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such improvements are approved, in writing, by the Sebastian City Council prior to 3 commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). (b) The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such improvements. (c) All improvements and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non fixture personalty owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all such personalty, provided the Tenant is not then in default of any covenant or condition of this Lease, otherwise all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at Tenant's expense. 4 6. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. Tenant will abide by the Principal Guiding Documents for Sebastian Municipal Airport. Tenant agrees that the leased premises shall be used by the Tenant for the purpose of the operation of sales, marketing, and administration relating to the sales of REMOS aircraft. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. All aeronautical businesses and activities must be certified and licensed by appropriate agencies, including the FAA, in the appropriate categories of their specific operation. 7. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any part thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the leased premises. The Tenant shall keep the leased premises in a good state of maintenance and repair and keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises are kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may be withheld for any reason, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 5 8. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, phone, internet, or any other utility or service consumed in connection with the leased premises. Relating to leased premises A, utility charges shall be assessed to Tenant by Landlord on a prorated basis according to the Tenant square foot usage (232.5 sqft). The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 9. SIGNS. The Tenant shall not have the right to erect and maintain signage. 10. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefore shall be provided to the Landlord upon request. 11. LIABILITY INSURANCE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive public liability insurance coverage with respect to the contents of the leased premises. The insurance coverage to be maintained by the Tenant shall contain limits of: (a) Insurance in the full replacement value of all Personal Property, Equipment, and Trade Fixtures on the Leased Premises. (b) Automobile Liability Insurance: (1) Each service provider operating one or more motor vehicles on the City's premises in the performance of their work shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $300,000 Combined Single Limit. (2) Service Providers having unescorted access to the AOA at the Sebastian Municipal Airport shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $1,000,000 Combined Single Limit. (c) Builder's Risk during any construction on a leased site, the service provider shall furnish Builder's Risk Insurance insuring the contract price, with the City listed as the named insured. Any deductibles under the builder's risk policy shall be the responsibility of the service provider. (d) Workers' Compensation Insurance: as required by Florida Statutes. Tenant agrees that, should there be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the preceding section during the term of this Lease by resolution of the City Of Sebastian City Council. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph 12 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 12. PROPERTY, FIRE AND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance as the Landlord deems necessary and appropriate. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefore. The Landlord shall have no obligation to keep the leased premises contents insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. All policies described in this Paragraph shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. 7 13. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER CASUALTY. In the event the leased premises are destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will cause said premises and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80% of the principal building, if any, is unusable. In the event the Tenant elects to repair and/or replace the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have any responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. (a) If the Tenant, under its option, elects not to repair the leased premises, the Landlord shall have two options: (1) To continue to Lease; if the Landlord elects to continue the Lease, the Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction, such proceeds to be the sole property of the Landlord; or (2) To cancel the Lease; if the Landlord elects to cancel the Lease, the Landlord shall be entitled to that portion of the insurance proceeds paid as a result of such damage and /or destruction to the building and other improvements on the leased premises, the Tenant shall be entitled to the remainder, if any, of the insurance proceeds. (b) In the event the Tenant, under its option, elects not to repair and/or replace the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the leased premises. 14. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and 8 invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph shall survive the termination or cancellation of the Lease. 15. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant, sub Tenants, agents, assigns, or users of leased premises or fuel farm. The presence of said substance or materials on the leased premises, or fuel farm, shall raise the presumption that Tenant is the cause of such presence. Section 16 shall survive the termination, or cancellation, of the Lease. 16. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section 7 of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 17. LANDING FEES. Landing or any other type of use of runway fees being charged by Tenant are specifically prohibited by this Agreement, so long as all other tenants of the property owned by the Landlord located at the Airport are prohibited from charging any such fees, as the use of the Airport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 18. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon 9 mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 19. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 20. DEFAULT BY TENANT. As used in this Lease, the term, "event of default shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenants abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or 10 trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof; (i) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder; (j) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts a through 1 above. 11 Upon the happening of any "event of default the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have ten (10) days, from the date notice is sent by the Landlord, within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days, from the date notice is sent by the Landlord, within which to remedy such default by paying all rent due. 21. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and tenant 22. NOTICES AND REPORTS. Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Tenant: REMOS Aircraft USA 204 Airport Drive East Sebastian, FL 32958 Attn: Earl Boyter provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 12 23. RIGHT TO INSPECT. The Landlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final thirty (30) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 24. OWNERSHIP OF TRADE FIXTURES, SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, any and all trade fixtures, signs and personal property, used by the Tenant in the operation of its business, on the leased premises shall remain the Tenant's sole property and the Tenant shall have the right to remove the same provided any damages in removal are repaired by the Tenant at Tenant's sole cost. In case of breach of this Lease by the Tenant, or the termination of the Lease, or any extension hereunder, that may be granted, the Tenant agrees to immediately surrender possession of said facilities, and all the buildings, edifices, etc. that are constructed by or on behalf of Tenant. The facilities, buildings, edifices, etc. shall then become the property of the Landlord. 25. HEIGHT/HAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would 13 interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 26. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re -enter and repossess said land and improvements thereon. 14 27. ENTIRE AGREEMENT. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, 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. 28. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 29. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 30. APPLICABLE LAW/VENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent rovided by Federal law. p Y 31. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in Indian River County, Florida. 32. RECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 33. MISCELLANEOUS. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re -entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. The Tenant shall not allow its occupancy or use of the lease premises to constitute or become a public or private nuisance. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 16 ATTEST: CITY OF SEBASTIAN A Municipal Corporation By: Sally Maio, City Clerk Al Minner, City Manager Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney REMOS Aircraft USA Corporate Seal: By: Earl Boyter, Agent 17 �9) Schedule "A" Lease Agreement between the City Of Sebastian and REMOS Aircraft USA 1. Leased premises shall include two (2) office spaces in the current airport administration `wing' at the Sebastian Municipal Airport Administration Building, currently known as the Airport Headquarters wing (hereinafter "APHQ The combined space is approximately 232.5 square feet, more or less. 2. Premises are furnished, as is. Prior to occupancy, the Landlord and Tenant will exchange an inventory of the furnishings that will include the condition of said furnishings. 3. Utility charges shall be prorated according to square foot usage. 4. Common Area Maintenance (CAM) shall be at no charge to the Tenant. 5. Lobby /reception area shall be considered a common/shared space with other building tenants. 6. Tenant shall have use of the conference room with appropriate notice to the Landlord. Media l REMOS Browse Press Room Media Coverage Aircraft Quick Facts Multimedia Gallery Events Upcoming Events AOPA Aviation Summit AOPA AVIATION $U$MIT Start Date: 11.11.2010 End Date: 11.13.2010 Choose Language See all events R E MGM A I w El w A t■ r English Deutsch http://www.remos.com/media AIRCRAFT LEARN TO FLY FIND A REMOS DEALER Home Media Media Please direct all Media Inquiries to: REMOS AIRCRAFT, INC. Attn: Mr, Earle Boyter, VP Sales 8 Marketing Tel: +1 (772) 321 -5420 Email: earle.boyter @remos.com Fax: +1(479)246 -0048 US Headquarters REMOS AIRCRAFT, INC. 997 Happy Trails Drive Suite 0-1 Rogers, Arkansas 72756 USA Tel: +1 (479) 246 -0045 press- room 06.30.2010 REMOS Aircraft Appoints Gretchen Jahn as Chief Operating Officer 04.30.2010 REMOS Aircraft forded Expansionsprogramm 04.27.2010 REMOS Aircraft announces new investment for global expansion SITE INFORMATION Terms of Use Privacy Policy NAVIGATION Aircraft Sales Learn to Fly Documents ABOUT MEDIA Search... Media Coverage 06.28.2010 Hot fun in the summertime AOPA's Fun 2 Fly 2010 Sweepstakes 06.22.2010 Become a Pilot Family Day draws 10.000 AOPA Online 06.22.2010 Combs, Flight for the Human Spirit return to Texas AOPA Online CONTACT Contact Us Contact Information Media Press Room Events CONNECT We us these social networks: Page 1 of 1 10/19/2010 Subject: Community Development Block Grant Potential Projects Workshop A r for Submittal by: 1 Agenda No. Department Finance: -i 0. Origin: G �x-..- at City Attorney: City Clerk: Date Submitted: For: Meeting October 21, 2010 1 er, City Manager of Oct. 27, 2010 Exhibits: Powerpoint presentation EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A Cf1Y OF HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY The City of Sebastian has received notification from the U.S. Department of Housing and Urban Development (HUD) that it qualifies to receive $99,683 in FY 2010/11 (beginning on October 1, 2010) through the Community Development Block Grant (CDBG) program. In order to receive the funding, the City must develop two documents: a multi -year document outlining the goals and objectives known as the Consolidated Plan and one year specific plan known as the Annual Action Plan. The Consolidated Plan and Annual Action Plan are designed to allow communities to develop their own programs to address decent housing and a suitable living environment. Activities must be utilized in low and moderate income areas, as well as areas that have an approved slum /blight study which includes the community redevelopment area (CRA), these areas are on the attached map. The plan also discusses how other programs, like the County's SHIP Home Assistance programs can help to meets identified in the plan. Staff has previously proposed funding an already programmed capital improvement plan item (Riverview Park lift station) with CDBG funding. The following projects are for your consideration: O Riverfront improvements Street improvements asphalt re- nourishment, micro surfacing, etc. Drainage Improvements convert the front ditch to a culvert system Pro's Con's Manageable with existing staff Procurement process requires additional bid documents "federal boilerplate and doesn't allow for existing contracts to be utilized. Projects already approved in the CIP if selected for CDBG open up those special revenue funds (LOGT, RIF, DST) for use on other projects. Federal regulations relative to Davis Bacon (prevailing wage rate requirements) often increase construction costs. May be considered economic development as capital projects provide construction jobs. Pro's Con's More impact to UM income More administration, programs would require an outside consultant to fulfill income certifications, as in house staff lack the experience to manage program. Using an outside consultant equates to Tess for projects. More impact to economic development Sidewalk Construction within Riverview Park US 1 Gateway /Parking Improvements Riverview Park Lift Station O Schumann Drive Expansion of Schumann Park Sidewalks in various areas, connecting neighborhoods Empress Canal Pipe Replacement O Easy Street Park Improvement (sidewalk replacement, pavilion, basketball court) Drainage Improvements quarter round and driveway culvert replacements, targeted streets O Economic Development O Housing O Other Capital Projects Infrastructure Improvements Business /Economic Development/ Housin MOVING FORWARD These projects have received a preliminary review by HUD officials who have indicated the projects meet the objectives of the CDBG program. Given direction tonight, staff will modify the draft plan and re- advertise the selected project or combination of projects for a thirty day period. RECOMMENDATION Participate in workshop to discuss potential projects for use with CDBG funds and direct staff accordingly. Community Development Block Grant City Council October 27, 2010 Project Options o Riverfront Street improvements Drainage Improvements Sidewalk Construction US 1 Gateway /Parking Improvements o Schumann Drive Park Expansion Sidewalks Empress Canal Pipe Replacement o Easy Street Park Improvement Drainage Improvements o Economic Development o Housing o Other Capital Projects Riverfront Projects: Street Improvements Riverfront Projects: Street Improvements Phase I: o Harrison o Sebastian Blvd, o Coolidge o Washington Phase III: o North Central Phase II: o Jefferson o Martin o Cleveland o Davis Phase IV: o Indian River Drive Riverfront Projects: Drainage Improvements Indian River Drive convert ditch the front swale running along the west side of IRD to a culvert pipe. 3 50 Riverfront Projects: Drainage Improvements Riverfront Projects: Drainage Improvements 4 7 Riverfront Projects: Sidewalk Construction Phase I: o US Improvements Phase III: o Riverview Park Phase II: 0 Presidential Streets Riverfront Projects: Gateway Improvements US 1 Gateway /Parking Improvements SE$ASTIAN now cc PELICAN ISLAND PRIX NPXY P' et B SPX GILD GRaXX9 C5J Riverview Park Liftstation o Remove aging /failing septic system by connecting onto sewer supply Schumann Park Expansion 'pending input from Par'ks!Recirealion Committee Phase I: O Land Purchase Phase II: o Amenities Basketball Courts Phase III: o Amenities Tennis Courts 6 5(c l Schumann Drive Sidewalks Phase I: o Replace Asphalt Sidewalk Phase II: o Build Sidewalks Mabry, Crawford, Spring Valley Phase I: o Lights /Sidewalk Improvements Phase II: o Pavillion/ Basketball Courts �1 Empress Drive Canal Crossing (pipe) Easy Street Area 1 /4 Round /Drainage Improv. Phase I: Phase III: o Acadia, Park, o Saunders, Michael, Palm, Banyan Sloane Phase IV: Phase II: a Ash, Maple, Oak o Sloane, Futch, Phase V: Drawdy o Hibiscus, Croton, Alamanda, Pine 8 C(0 Housing For low to moderate income households (income qualified earning 50 -80% of the median income Purchase assistance (first time homebuyers) G Home Improvement loans Direction Project selection o Dot exercise o Selection of project or hybrid combination of projects 10 Subject: First reading of Ordinance 0 -10 -07 Approving an amendment the Capital Improvements the Comprehensive Plan A .p I ed for Submittal by: No. to Element of Agenda No. Department Finance: /0. 03c/ Origin: GM 1 J .....-,f City Attorney: City Clerk: Date Submitted: For: October 12, 2010 1 October 27, 2010 i n er, City Manager Exhibits: Ordinance 0 -10 -07 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: QfYOF HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY In accordance with Florida Statute 163.3177(3)(b)1, the Capital Improvements Element of the Comprehensive Plan must be reviewed on an annual basis and modified as necessary. This process is to take place shortly after the adoption of the annual budget. The Capital Improvements Element attached as Exhibit A to Ordinance 0 -10 -07 has been modified by Administrative Services staff in accordance with the Annual Budget Fiscal Year 2010 -2011 which was adopted by City Council on September 22, 2010. RECOMMENDATION Move to approve Ordinance 0 -10 -07 on first reading and schedule the second reading and public hearing for November 17, 2010. and ORDINANCE NO. 0-10-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council adopted the Sebastian Comprehensive Plan on December 2, 1981 and has made amendments thereto from time to time; and WHEREAS, Florida Statute Section 163.3177(3)(b)1 requires the City to annually review and modify, as necessary, its Capital Improvements Element of the Comprehensive Plan; WHEREAS, Florida Statute Section 163.3187(1)(f) allows the City, by ordinance, to amend its capital improvements element once per year outside of the standard twice a year amendment limitation threshold and do so through only one adoption public hearing; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian held a public hearing on August 5, 2010 to consider the Capital Improvement Program, and recommended that City Council adopt the same; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN AMENDMENT. The amendment to the City of Sebastian Capital Improvements Element of the Comprehensive Plan is hereby adopted amending the Data Inventory Analysis and Goals Objectives Policies as set forth in the attached Exhibit "A Section 2. are hereby repealed. Section 3. Section 4. its adoption. CONFLICT. All ordinances or parts of ordinances in conflict herewith SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. EFFECTIVE DATE. This Ordinance shall take effect immediately upon 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 Gillmor Vice -Mayor Jim Hill Councilmember Andrea Coy Councilmember Eugene Wolff Councilmember Don Wright The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2010 ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Richard Gillmor, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg City Attorney 70 CITY OF HOME OF PELICAN ISLAND CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT October 2010 EXHIBIT A CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT TABLE OF CONTENTS A. INTRODUCTION 1 B. INVENTORY OF NEEDS AND FUNDING SOURCES 2 1. Public Facility Needs 2 a. Public Health Facilities 2 b. Public Education Facilities 2 c. Public Safety Fire Services 3 d. Police Services 5 e. Transportation 5 f. Sanitary Sewer 8 g. Solid Waste 8 h. Drainage 9 i. Potable Water 10 j. Recreation /Open Space 11 2. Funding Source Definitions 12 a. General Fund Revenue Sources 12 b. Other Funds Revenue Sources 13 C. PUBLIC FACILITY ANALYSIS 15 1. Current Practices for Funding Capital Improvements 15 2. Impacts of Future School Needs on Infrastructure 16 3. Timing and Location of Capital Projects 16 4. Financial Assessment 17 a. Transportation 17 b. Sanitary Sewer 17 c. Water 18 d. Solid Waste 18 e. Drainage 18 f. Recreation and Open Space 19 5. Forecasting of Revenues and Expenditures 19 a. Debt Capacity 19 b. Operating Expenses 20 CITY OF SEBASTIAN COMPREHENSIVE PLAN LIST OF TABLES LIST OF MAPS CAPITAL IMPROVEMENTS ELEMENT 6. Financial Feasibility 20 7. Concurrency Management 20 D. GOALS OBJECTIVES AND POLICIES 33 Table IX 1: Inventory of Public Schools 21 Table IX 2: City of Sebastian Capital Improvements Schedule FY 2010/11- 2014/15 22 Table IX 3: Projection of Ad Valorem Tax Revenues 24 Table IX 4: Projections of Non -Ad Valorem Tax Revenues 25 Table IX 5: Projections of Debt Service Obligations for Outstanding Bond Issues 30 Table IX 6: Projection of Debt Capacity 31 Table IX 7: Projections of Operating Expenses 31 Map IX 1: Schools Serving the City of Sebastian 32 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT A. INTRODUCTION CHAPTER IX CAPITAL IMPROVEMENTS ELEMENT The purpose of the Capital Improvements Element is to evaluate the need for public facilities as identified in other Elements of this Plan. In addition, the Capital Improvements Element will present an analysis of the fiscal capability of the City to fund needed public facilities, recommend financial policies to guide the funding of those identified improvements, and to schedule the funding and construction of improvements in a manner necessary to ensure that capital improvements are provided when required. All capital projects shall be reviewed as to their compatibility and timing in relation to capital projects being implemented or planned by Indian River County, the Florida Department of Transportation, the St. Johns River Water Management District, the Indian River County School Board, the Florida Department of Environmental Protection, and/or any other applicable government agency. Needed capital improvements are those that are necessary to meet the adopted level of service standards identified in other Elements of this Plan. The City of Sebastian public facilities that require identification and funding are: Transportation Roadways that are under the jurisdiction of the City and County, and those roadways which need funded improvements. Sanitary Sewer Sanitary sewer treatment and effluent disposal facilities necessary to serve the existing and future population of the City. This includes coordination with Indian River County to ensure those facilities are available when needed, and recommendations for adequate sanitary sewer facilities. Solid Waste Solid waste disposal facilities to service the City's existing and future population. This includes coordination with Indian River County to ensure those facilities are available when needed, and recommendations for adequate solid waste collection methods. Drainage Drainage systems necessary to meet recommended level of service standards for stormwater quality and conveyance. Provision of said services and facilities shall include coordination with Indian River County and the Saint Johns River Water Management District (SRWMD), for improvements to systems and basins which serve the City but are outside its jurisdiction. Potable Water Potable water treatment facilities necessary to serve the existing and future population of the City. This includes coordination with Indian River County to ensure those facilities are available when needed, and recommendations for adequate potable water facilities. Recreation/Open Space Land area necessary to meet the recommended level of service standards. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT The Capital Improvements Element will also present methods to implement and monitor Concurrency Management as defined and required in Chapter 9J- 5.003, 9J -5.016 9J- 5.0055, Florida Administrative Code (F.A.C.). B. INVENTORY OF NEEDS AND FUNDING SOURCES 1. Public Facility Needs The applicable elements have identified various capital improvements necessary to meet the recommended level of service standards. In addition, Chapter 9J- 5.016, F.A.C. requires the City to assure adequate public facilities are available to service public health, safety and education needs. An assessment of the required public facilities is presented below. a. Public Health Facilities The Sebastian River Medical Center is a 129 -bed private facility operated by Health Management Associates of Naples, Florida. Located outside the City limits, the medical center is not part of the City's budgetary process. The Indian River County Health Department provides medical care to all Indian River County residents at its main clinic (the Vero Beach Center), and the Gifford Health Center satellite clinic, which are both located in Vero Beach approximately fourteen miles from Sebastian. b. Public Education Facilities The Indian River County School District operates the public education facilities for residents of Sebastian. There are three educational facilities located within the City of Sebastian, Pelican Island Elementary School, Sebastian Elementary School, and the Sebastian Charter Junior High School. The City is also served by the Sebastian River High School and Sebastian River Middle School that are located immediately outside the City limits. These education facilities have been included in the assessment of applicable public facilities. An inventory of these public education facilities, including enrollment, capacity information, and locations are presented in the Public Schools Facilities Element (PSFE). All counties and municipalities are required to adopt a Public School Facilities Element (PSFE) as a part of the Comprehensive Plan by March 1, 2008. Indian River County adopted its PSFE in November 2007. The City is a party to the Indian River County Interlocal Agreement for Public School Planning, along with Indian River County, Indian River County School Board and the cities of Fellsmere and Vero Beach. The interlocal agreement was approved by all entities in February 2008. A general summary of existing and future public education deficiencies is as follows. Please note, this summary does not include charter schools. IX -2 06 CITY OF SEBASTIAN COMPREHENSIVE PLAN (1) (2) (3) IX -3 CAPITAL IMPROVEMENTS ELEMENT Existing Public Education Deficiencies: As described in more detail in the PSFE, only two schools are over FISH 'capacity. These schools, Sebastian River Middle School (127 and Sebastian River High School (105 are over 100% capacity for the 2007/08 school year. Programmed improvements are identified in the District's budget to address the deficiency in the middle school. The high school has capacity projects scheduled in the current Five -Year Capital Facilities Plan for Indian River County School District. Future Public Education Deficiencies: Based on student population projections from school years 2006/07 through 2011/12, Sebastian Elementary School, Sebastian River Middle School and Sebastian River High School are expected to be over capacity by 2013 if no capital improvement additions or facilities are constructed. Upgrades Maintenance of Public Education Facilities: The Indian River County School District maintains a Five -Year Capital Improvement Program to address capacity requirements of the District. As the School District works through the development of its FY 2008 -2012 Five -Year Plan, the utilization of any school above 100% will be redistributed to meet the requirements of concurrency. Current and future projected middle school overcrowding is anticipated to be resolved with the opening of an additional middle school. c. Public Safety Fire Services The Fire Rescue Division of the Indian River County Emergency Services Department services the City of Sebastian as well as providing service throughout the County. The Indian River County Emergency Services Department does not serve Indian River Shores, which has its own fire department. The services provided include firefighting, basic life support and advanced life support medical response, special operations (marine firefighting, dive rescue, airport firefighting and rescue, high angle rescue, hazardous materials response and confined space rescue), fire prevention, arson investigation, pre hospital emergency care and public education. Florida Inventory of School Houses (FISH) Permanent Capacity is a product of the number of classrooms at a school and the permanent student stations assigned to each room type including an adjustment utilization percentage for middle and high schools. Temporary capacity from portables is not included in this calculation. CITY OF SEBASTIAN COMPREHENSIVE PLAN Fire /EMS Stations 8 and 9 are presently located within the City limits of Sebastian. However, Fire Station 9, which was damaged by the hurricanes in 2004, is going to be abandoned in 2009 and the personnel and equipment moved to another station located just north of Sebastian outside the City limits. The new Station 9 will provide services to the same geographic location as the existing station. In addition, depending on the circumstances, equipment or resources from any of the other nine fire stations in the County can be diverted to the City. Fire Station 8 is staffed by five (5) full time Fire/EMS personnel and its equipment includes a Quint an ambulance, a brush truck and a tank truck. Fire Station 9 is also staffed by five (5) full time Fire/EMS personnel and its equipment includes an ambulance, an engine and a brush truck. A general summary of any existing and anticipated future public safety deficiencies is as follows: (1) Existing Fire Safety Deficiencies: Based on the County's Insurance Services Office (ISO) rating, there are no existing fire safety deficiencies for services provided within the City of Sebastian. The ISO ratings are given to fire departments throughout the country based on the effectiveness of their fire protection services and equipment to protect the community. (2) Future Fire Safety Deficiencies: Continued residential and non- residential development may increase the demand for Fire /EMS services. As part of the County's long -range planning efforts, the County has identified the future development of a new fire /rescue facility at the western boundary of the City that will also service unincorporated County. Upgrades Maintenance of Fire Safety Facilities: The Indian River County Fire Rescue Division has two primary sources for capital expenditures: emergency services district and optional sales tax. No general fund money has been spent on fire rescue capital improvements in recent years. The County assesses impact fees for new development based on land use. The City of Sebastian collects the County impact fees and forwards them to the County. As stated previously, the County has identified the future development of two (2) new fire /rescue stations located at 49 Street adjacent to Gifford and 4 Street and 43 Avenue to accommodate the future demand for fire /rescue service associated with new development. The estimated cost for these facilities is approximately $5,444,705. The new stations will be funded with impact fee revenue. (3) IX -4 CAPITAL IMPROVEMENTS ELEMENT 2 Quint is a term assigned to a piece of firefighting apparatus (vehicle) that is comprised of a combined ladder and engine /pumper truck. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT d. Police Services The Sebastian Police Department provides law enforcement services to the residents of Sebastian. Currently, there are forty (40) sworn officers, including the Chief of Police, and a support staff of fourteen (14) civilians. In 2004, the existing Sebastian Police Station was expanded from 8,700 square feet to 18,700 square feet to address needs identified in the City's 1999 Comprehensive Plan. A general summary of existing and future police service deficiencies is as follows: (1) Existing Police Deficiencies: The US Department of Justice average for sworn law enforcement officers per population is three (3) for every thousand persons. With an estimated 2009 population of 22,722 the City of Sebastian would need a total of sixty eight (68) officers to meet the State average. Based on these population estimates, and the City's current roster of 38 sworn law enforcement officers, the City is currently deficient based on the number of sworn officers relative to the overall City population. The deficiency can be attributed, in large part, to the passage of Florida Amendment 1 in January 2008 that reduced property taxes and associated ad valorem tax revenues (2) Future Police Deficiencies: Residential and non residential development through 2030 will increase the demand for law enforcement sworn officers in order to reach the State standard requiring three officers per thousand persons. Construction of a new police station, sub station or public safety facility to accommodate the anticipated development may also be warranted. Upgrades Maintenance of Police Facilities: The 2004 police station expansion was designed to accommodate needs through 2015. The City has identified additional capital outlay funds to address law enforcement services through 2014. The City's 2009/10 Annual Budget includes funds for personnel, vehicles, uniforms, laptops and equipment estimated at $5,032,459. Specific capital purchases including vehicles, special vehicle equipment and personnel equipment are identified in Table IX -2. e. Transportation All major roadways within the City limits of Sebastian are under the jurisdiction of the State of Florida, Indian River County or the City of Sebastian. Using functional classifications established under Chapter 355, F.S. the major components of the Sebastian roadway inventory consists of: US Highway 1 is a divided four (4) lane facility under the jurisdiction of the Florida Department of Transportation (FDOT) and serves as a principal arterial. This road provides a linkage for both inter- and intra county traffic between Brevard and St. Lucie counties. Since US 1 is the primary north- (3) IX -5 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT south route through the City of Sebastian, local traffic also uses this road on a frequent basis. Sebastian Boulevard (County Road 512) is a divided four (4) lane facility under the jurisdiction of Indian River County and serves as a minor arterial for the City, providing access between US 1 and the west City limits line. Since Sebastian Boulevard is the primary east -west route through the City of Sebastian, local traffic also uses this road on a frequent basis. Roseland Road (County Road 505) is an undivided two (2) lane facility under the jurisdiction of Indian River County and serves as a north -south minor arterial for the City of Sebastian. Roseland Road connects US 1 to Sebastian Boulevard in the northeast section of the City and provides access to the airport. Wabasso /90 Avenue (County Road 510) is a divided four (4) lane facility south of 510 that reduces to a two (2) lane undivided facility. The County is currently finalizing plans to make this entire segment a four (4) lane divided facility. This road connects to Sebastian Boulevard and US 1. Schumann Drive is an undivided two (2) lane facility from Barber Street to Beach Lane and a divided two (2) lane facility from Beach Lane to US 1, under the jurisdiction of the City and serves as an urban collector for the City of Sebastian. Within the City, Schumann Drive runs north -south along the eastside of the City from Barber Street to US 1 and can be characterized by its curvilinear design. Schumann Drive becomes 66 Avenue as it leaves the city limits to the south and connects to CR 510. Englar Drive is an undivided two (2) lane facility under the jurisdiction of the City and serves as an urban collector for the City. Englar Drive provides an east -west connection from Barber Street to Schumann Drive. Englar Drive allows the primary residential area access to US 1 and the commercial districts. Barber Street is an undivided two (2) lane facility under the jurisdiction of the City and serves as an urban collector for the City. Barber Street serves the Sebastian Highlands area north and south of Sebastian Boulevard (CR 512). Barber Street begins at Wimbrow Drive near Hardee Park and runs south to US 1 with connection to Sebastian Boulevard (CR 512) and Schuman Drive. Main Street is an undivided two (2) lane facility under the jurisdiction of the City and serves as an urban collector for the City. Main Street links US 1 with Easy Street and Fleming Street, both of these streets connect to Sebastian Boulevard. Main Street serves the City Hall/Police Station, the City Golf Course, the City Airport and the Post Office. Easy Street is a undivided two (2) land facility under the jurisdiction of the City that provides a key north -south route through Sebastian. This roadway CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT extends from Main Street south to Schumann Drive providing access to Sebastian Boulevard (CR 512). These roadways, along with all other classified roads, are listed in Table II -5 in the Transportation Element. A general summary of existing and future transportation system deficiencies is as follows: (3) (1) Existing Transportation Deficiencies: There are no existing level of service (LOS) deficiencies on any State, County or local collector roads in the City of Sebastian. The majority of the City's roadways operate at LOS C with the exception of Barber Street and Schumann Drive which operate at LOS D. The established LOS for the City collector roadways is LOS D. (2) Future Transportation Deficiencies: The Indian River County MPO 2030 Long Range Transportation Plan identifies several roadways that have the potential to become deficient between 2011 and 2030 for the City of Sebastian. These include portions of US 1, CR 512 (Sebastian Boulevard), CR 505 (Roseland Road), Barber Street, Schumann Drive and the extension of Laconia Street. Upgrades and Maintenance of Transportation System: The Indian River County Transportation Improvement Program does not identify any roadway improvements in Sebastian between the fiscal years 2007/08 and 2011/12, because no deficiencies are expected to occur until after 2012. The City has programmed and coordinated several improvements on State, County and local roads to improve operations and pedestrian safety, including: raising the elevation and widening Easy Street (including stormwater improvements and sidewalk/bicycle paths); constructing pedestrian bridges over waterways alongside parallel roadways for safety reasons; improvements to CR 512 corridor through landscaping and enhanced pedestrian crosswalks; intersection improvements at Barber Street and Schumann Drive; ongoing sidewalk construction program; and design and construction of a paved road extending Powerline North Road to CR 512. Planned maintenance includes street resurfacing throughout the City. 3 Indian River County Transportation Improvement Program FY 2007/08 2011/12, IRMPO, July 11, 2007 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT f. Sanitary Sewer The central sanitary sewer system for the City of Sebastian is operated and maintained by Indian River County Utilities. The system is not available throughout the majority of the City of Sebastian, only along arterial roadways and in newer subdivisions. The City is served through the North Regional Wastewater Treatment Plant, which is linked to the Central Regional Plant, providing a combined current permitted capacity of 4.85 MGD. A general summary of existing and future Sanitary Sewer System is as follows: (1) Existing Sanitary Sewer Deficiencies: The County installed and maintains the collection system that exists along the arterial roadways within the City of Sebastian. There are no existing collection system deficiencies, with the exception of any failing private septic tanks. (2) Future Sanitary Sewer Deficiencies: There are no anticipated future sanitary sewer deficiencies. It is anticipated that as the population of Sebastian and the surrounding unincorporated County grows, the demand for sanitary sewer services will increase. The County's Five -Year Capital Improvement Program identifies funds to complete the construction of the Spoonbill Marsh Site natural treatment facility that serves the North Regional Waste Water Treatment Plant service area, which is expected to accommodate future demand for sanitary sewer services associated with the anticipated population increases in the Sebastian area. (3) Upgrades and Maintenance of the Sanitary Sewer System: Indian River County maintains a Five -Year Capital Improvement Program, which addresses the necessary upgrades and maintenance of its sanitary sewer system. The City of Sebastian and Indian River County coordinate regarding the anticipated future demand for Sanitary Sewer Services and the installation of system upgrades and enhancements. g. Solid Waste Indian River County provides solid waste disposal services to all residents and businesses in the County through a dependent special assessment district, the Solid Waste Disposal District (SWDD). The physical assets of the SWDD include the Indian River County Solid Waste landfill site and five Customer Convenience Centers (CCCs). The landfill site presently includes a total area of 595 acres that contains two (2) separate landfills. These are a Class I landfill (which contains two segments) and a Construction and Demolition (C &D) landfill. Additionally the landfill site contains a 5 -acre parcel dedicated for grinding all vegetative debris received. IX -8 c37). CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT The SWDD does not provide solid waste collection services directly to homes and businesses. The City authorizes private franchise operations that provide such services on a voluntary basis for a monthly fee. The franchise operators also provide recycling service to all residential improved properties. The franchise operators bring the solid waste and recycling materials to the landfill site, and are not charged a tipping fee. Residents who do not contract with the franchise operators for solid waste collection are responsible for bringing their solid waste to one of the five Customer Convenience Centers. Hazardous solid waste is prohibited at the CCCs, although some is probably dropped off there. The SWDD transports solid waste from the CCCs to the landfill. Residential and commercial recycling materials may be dropped off directly by residents and business owners at the landfill. A general summary of existing and future Solid Waste deficiencies is as follows: (1) Existing Solid Waste Deficiencies: There are currently no deficiencies in the solid waste program. Indian River County currently has adequate landfill capacity to meet the City's needs through the year 2030. (2) Future Solid Waste Deficiencies: There are no solid waste deficiencies anticipated through the planning period 2030. With the current cells and proposed additional cell 3, which includes an expansion of the existing C &D landfill, the landfill's design capacity will be 13.5 million cubic yards by 2030. It is estimated that to accommodate the anticipated future demand for solid waste services after the planning horizon year 2030, the landfill facility will require additional capacity for Class I solid waste and additional capacity for construction and demolition waste. (3) Upgrades and Maintenance of Solid Waste Program: The County has no plans to upgrade its overall solid waste program. The County's Five -Year Capital Improvements Plan includes general improvements, and expansions in some cases, to the transfer stations (Citizens Convenience Centers). h. Drainage The City of Sebastian adopted a Master Stormwater Management Plan in 2004 that identified drainage projects to address drainage issues and problems within the City. The drainage issues were generally related to lack of culverts and problems with existing control structures, open channels and wet detention ponds. The Master Stormwater Management Plan projects were ranked using the following criteria: flood severity; public benefit; priority; permitting requirements; and water quality enhancement potential. A general summary of City of Sebastian, Master Stormwater Management Plan, CDM, 2004 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT existing and future drainage deficiencies within the City are identified as follows with generalized recommendations for improvements. (1) Existing Drainage Deficiencies: City staff and the Stormwater Master Plan identified existing problem areas in the City in 2004. A recommended capital improvements schedule was included in the Stormwater Master Plan for the fiscal years 2003/04 to 2008/09. (2) Future Drainage Deficiencies: New development has to be designed to meet stormwater level of service standards. The Stormwater Master Plan has identified capital improvements designed to address the anticipated future conditions through 2018/2019. (3) Upgrades and Maintenance of the Drainage System: Stormwater system improvements identified in the Sebastian Stormwater Master Plan for the years after FY 2009 /10 are included in the City's five -year Capital Improvements Program. The City has identified $250,000 per year in FY 2009/10 through FY 2013/14 to upgrade the existing swale system with quarter -round pipe. Scheduled maintenance now includes a program for mowing rotation of ditches. i. Potable Water The central potable water system for the City of Sebastian is operated and maintained by Indian River County Utilities through its North County Reverse Osmosis Water Treatment Plant, which began operations in 1998. The current capacity of the North County Reverse Osmosis Water Treatment Plant is 3.5 MGD. A general summary of existing and future Potable Water System deficiencies is as follows: (1) Existing Potable Water Deficiencies: There are no existing deficiencies related to potable water consumption. The Indian River County Water Utility system has the capacity to serve existing residential and non residential units that do not have private wells. (2) Future Potable Water Deficiencies: In order to address anticipated deficiencies based upon the projected potable water demand in 2030, Indian River County will establish six (6) additional wells. These wells are currently undergoing permitting. The County is also working with a consultant to design an alternative water supply project to coordinate design capacity with demand projected to 2030 for the North County WTP. IX -10 63) CITY OF SEBASTIAN COMPREHENSIVE PLAN (3) CAPITAL IMPROVEMENTS ELEMENT Upgrades and Maintenance of the Potable Water System: Indian River County maintains a Five -Year Capital Improvement Program (CIP), which addresses the necessary upgrades and maintenance of its utility system. In the event the County is required to convert to alternative water supply sources, the existing treatment plant technology and facilities will continue to be utilized. In 2007, Indian River County prepared an Alternative Water Supply Master Plan. According to that plan, surface water may serve as an alternative to, or a supplement to, the Floridan Aquifer as the County's future potable water supply source. For surface water to be a practical alternative supply source, however, there needs to be a viable surface water storage system. Any such surface water storage system would need to be designed in coordination with the St. Johns River Water Management District (SJRWMD). In addition to identifying and planning for future alternative water supply sources, the County Utilities Department is also analyzing implementation of various water conservation and reuse programs. j. Recreation /Open Space The City of Sebastian Parks and Recreation Division is responsible for the maintenance and upkeep of its City parks as well as the maintenance and upkeep of rights -of -way and medians within the City. These responsibilities include maintenance of restroom facilities at nine (9) parks, regular maintenance of seven (7) baseball /softball fields and football /soccer fields, repairs to playground and picnic facilities, and the associated landscape planting and maintenance at these facilities. The City's park inventory includes over 1,097 acres of parkland. This parkland is comprised of twenty -five (25) neighborhood parks, nine (9) community parks, including the Municipal Golf Course, and the Stormwater Park. The City also owns and operates two (2) boat ramps. A general summary of existing and future Parks and Recreation facilities is as follows: (1) Existing Parks and Recreation Deficiencies: The City has no existing Parks and Recreation deficiencies. The City's LOS standard is two (2) acres of neighborhood parks per 1,000 residents and two (2) acres of community parks per 1,000 residents. Based on population projections through 2015 (28,069 residents) the City's 297 acres of neighborhood parks and 800 acres of community parks exceed the adopted level of service for park land. CITY OF SEBASTIAN COMPREHENSIVE PLAN (2) (3) 2. Funding Source Definitions The City of Sebastian utilizes numerous sources to fund operation and capital expenses in the City. Since the adoption of the Comprehensive Plan, the City has employed methods described in the Capital Improvements Element in addition to its standard annual budgeting procedures to allocate funds for specific purposes. An overview of various funding sources utilized for capital project funding is presented below. a. General Fund Revenue Sources (1) Ad Valorem Taxes (Property Taxes). Ad valorem taxes include revenue from non exempt property taxation. The current millage rate is 2.9917 (2) Local Half -Cent Sales Tax. Sales taxes are collected by businesses and remitted to the State of Florida pursuant to the "Local Government Half -Cents Sales Tax Fund" program, created by the Florida Legislature in 1982. Monies in this trust fund are distributed monthly to eligible counties and municipalities. Franchise Fees. Franchise fees are paid by utility providers (electricity, solid waste) for their use of City streets and property in providing their services. The City assesses a franchise fee for the electric utility and the solid waste collection services. (4) Licenses, Permits and Fines. All businesses operating in the City are required to pay a local business tax. Fees for driveway permits, zoning, site plan review, plat review and alarm permits, provide (3) 5 City of Sebastian Annual Budget, Fiscal Year 2007/08. CAPITAL IMPROVEMENTS ELEMENT Future Parks and Recreation Deficiencies: Based on population projections through 2030 (38,384) there are no deficiencies anticipated throughout the long -term planning period. Upgrades and Maintenance of the Parks and Recreation System: There are no existing or future recreation and open space deficiencies identified. However, the City has included several capital projects aimed at enhancing the City's parks and recreation infrastructure through 2014. These projects include: development of two (2) existing unimproved parks located at the intersection of Barber Street and Acorn Terrace, and the park at the intersection of Celtic Avenue and Crown Street. Additional programmed improvements include addition of Splash Park Canopy, Skate Park Office, Barber Street Field Lighting and Riverview Park Lift Station. CITY OF SEBASTIAN COMPREHENSIVE PLAN (5) (6) Interest Income. Interest income is revenue earned on funds that have been invested by the City. Other Charges for Services/User Fees. Service and user fees are charges for services provided by the City that are paid by the users to fully or partially cover the costs to provide services. (8) Utility Services Taxes. Utility taxes are assessed at a rate of 10% of the monthly purchase price on purchases of electricity, water, and LP gas services on customers within the City limits. Communication Services Taxes. The Communication Service Tax replaced the franchise fee for dealers of communications services (including, but not limited to, phone and cable TV services). The City assesses a tax of 5.22% of the sales price on all taxable sales of communication services provided within the municipality. b. Other Funds Revenue Sources (1) Impact Fees. These fees are charged concurrent with new development and contribute toward payment for infrastructure needs, but not operational costs, which directly result from new development. The only impact fee revenue included in the City's budget is currently assessed for parks and recreation. The City collects impact fees for Indian River County for transportation, emergency services, sanitary sewer, solid waste and potable water. (2) Special Assessments. Special assessments are levied against residents, agencies or districts that directly benefit from the service or facility. (3) Special Fees. The City established the Sebastian Stormwater Utility in 2001, which levies an annual fee on a per unit/property basis throughout the community. (4) Enterprise Funds. Enterprise funds are used to account for City services that are operated in a manner similar to private business enterprises where the intent is that the costs (expenses including depreciation) of providing goods and services to the general public CAPITAL IMPROVEMENTS ELEMENT income from this revenue source. Fines for parking tickets, court fines, code enforcement fines, and the like provide additional income. Intergovernmental Revenue. Intergovernmental revenues are funds collected by the State or County and shared with other local government units. Major sources of shared revenue include the cigarette tax, State revenue sharing, beverage licenses, mobile home licenses, motor fuels tax, half -cent sales tax and occupational licenses. CITY OF SEBASTIAN COMPREHENSIVE PLAN on a continuing basis be financed or recovered primarily through user charges. Examples of these are the Building Department Fund, Golf Courses and the Airport. Local Option Gas Tax (LOGT). The LOGT is a six -cent per gallon tax levied by Indian River County. The tax funds are distributed to participating cities within the county on a percentage basis determined by the cities' populations and amount of annual transportation- related expenditures. (6) Discretionary Sales Taxes. The discretionary sales tax is the additional one -cent sales tax levied by Indian River County. In November 2002, an extension of the original Optional One -cent Sales Tax was approved by voter referendum through December 31, 2019. The tax funds are distributed to participating cities within the County on a percentage basis determined by the cities' populations. Tax Increment Fund (TIF) Revenue TIF revenue is tax revenue that is attributable to the increase in property values due to the improvements within the City's Riverfront Redevelopment Area. The additional tax revenue that is received from the affected properties is referred to as the tax increment. This TIF revenue may be used for capital projects located within the City's Riverfront Redevelopment Area. Law Enforcement Forfeiture Fund This fund is used to account for the receipt of forfeited cash and equipment associated with police activities. The use of these funds is restricted to police related equipment purchases and community education initiatives. General Obligation Bonds. These bonds are backed by the full faith and credit of the local government and must be approved by voter referendum. They offer low interest for carrying less risk since they are secured by government taxing power. Capital improvements financed through general obligation bonds should be used only for projects benefiting the whole City. Currently, the City has no General Obligation Bonds. (10) Revenue Bonds. Funds raised from revenue bonds may be used for projects benefiting a specific group since charges collected from users of the improvement are applied directly to the debt service on these bonds. In this respect, the projects are self supporting. Revenue bonds pay higher interest and their issuance may be approved by the City Council without voter approval. (11) Industrial Revenue Bonds. Though the local government issues these bonds, the debt is assumed by the companies or industries (5) IX -14 CAPITAL IMPROVEMENTS ELEMENT CITY OF SEBASTIAN COMPREHENSIVE PLAN that use the revenues for construction of utility plants or facilities. Because they are tax exempt and low interest, industries are attracted to this type of bond. Local government can transfer the actual liability to provide interest while garnering employment and economic benefits for the community. (12) Federal and State Grants and Loans. Federal funds are allocated to state agencies that administer block grants or are disbursed as block grants directly to state and local agencies or other eligible organizations. The purpose of the block grant program is to enable greater latitude by recipients in the actual use of the funds. These funds are generally a non recurring source and cannot be accurately projected for budgeting purposes. Several federal agencies offer direct loan programs that allow limited ability for the City to finance capital improvements. State loans, however, can be used to finance capital projects such as land acquisition for low income housing. (13) Recreation Impact Fees (RIF). The RIF was established to enable to allow growth and development to proceed in the City in compliance with the adopted Comprehensive Plan, and to regulate growth and development to share in the burden of growth by paying its pro rata share for the reasonable anticipated expansion cost of the recreational system improvements. Additionally, the City through impact fees seeks to provide equitable, fair share basis for new and expanded recreational facilities concurrent with the impact and needs generated by new development (Ordinance 0- 01 -15). C. PUBLIC FACILITY ANALYSIS 1. Current Practices for Funding Capital Improvements Capital improvements in the City of Sebastian are funded primarily by the Discretionary Sales Tax Fund and the Community Redevelopment Agency. The Discretionary Sales Tax will provide 36% of the total funding for capital projects in Fiscal Year, (FY), 2010/11. The Community Redevelopment Agency will provide 7% of the total funding for capital projects in FY 2010/11. Other significant revenue sources for capital improvements for FY 2010/11 are grants, recreation impact fees and stormwater fees. These three sources will provide 36 15% and 6% respectively of the total funding for capital projects in Fiscal Year, (FY), 2010/11. In FY 2010/11 the primary expenditures of capital improvement funds will be for transportation and stormwater improvements. These two expenditure categories will CAPITAL IMPROVEMENTS ELEMENT CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT utilize 45% and 22% respectively, of the total capital funds to be expended in FY 2010/11. The various elements of this plan discuss and analyze capital improvements necessary to address existing deficiencies and provide facility expansion to meet projected growth. The methods of project prioritization of the identified capital improvements are explained below. To provide a means to determine the relative priority of each capital project, the City will use the following criteria to prioritize projects: Whether the project increases the efficiency of existing facilities or infrastructure. Whether the project represents a logical extension of facilities within the urban service area. Whether the project is financially feasible. Whether the project is coordinated with major projects of other agencies. Whether the project is necessary to meet established levels of service. Whether the project implements the policies of the Comprehensive Plan as they pertain to concurrency requirements. Whether the project eliminates a public hazard. Based on the criteria noted above, capital projects identified in the various plan elements were rated and the estimated costs for each project were determined. Table IX -2 displays a prioritized list of each capital project by element, including the corresponding cost estimate for the period 2010/11 through 2014/15. 2. Impacts of Future School Needs on Infrastructure Impacts placed on public facilities and infrastructure serving school sites will be addressed on a case -by -case basis and are not anticipated to have any significant effects on current or proposed levels of service for short- and long -range planning periods. As additional student stations are added to existing schools or new schools are built, demand for and consumption of public services can be expected to increase proportional with the increase in student stations. The City has included future school demands when analyzing the City's transportation, water and sewer infrastructure needs. In addition, school demands on the City's water and sewer infrastructure have been included in the level of service calculations for those services. 3. Timing and Location of Capital Projects Capital projects planned through 2015 will occur in various locations throughout the City. The timing of new infrastructure is accomplished by setting guidelines within the various Elements of this Plan, to assess the relative strength of the City's infrastructure to service both existing and future growth. The numerous Elements of this Plan require City departments to provide an assessment of the City's infrastructure annually at budget time. CITY OF SEBASTIAN COMPREHENSIVE PLAN 4. Financial Assessment CAPITAL IMPROVEMENTS ELEMENT As the Capital Improvement Program (CIP) is updated annually if there are any changes or deletions of previously funded projects shown in the CIP, the City will need to adopt an ordinance and transmit the changes to the Department of Community Affairs. For purposes of assessing the City's financial capability to fund the capital projects identified in this Element, projected revenue sources and expenditures through the year 2015 have been identified in Tables IX and IX respectively. Specific local practices to help provide a more detailed level of analysis that will guide the provision of funding for needed improvements for each public facility are described below. a. Transportation The timing of new roads and streets, intersection improvements, and the placing of traffic signalization is driven by new development, availability of funds and public input. The location of signaling devices is determined by the Florida Department of Transportation (FDOT) on US 1 and by Indian River County on collector streets feeding into arterial streets. Placing of traffic signs and other internal controls on local streets are determined by the City of Sebastian. The City of Sebastian is a member of the Indian River Metropolitan Planning Organization (MPO). The Indian River MPO facilitates and coordinates regional transportation planning and roadway planning activities for Indian River County and its municipalities. Transportation related operations and maintenance are funded through the General Fund in the City Public Works and Engineering Departments. Capital improvement projects are funded from special revenues. The Indian River County Local Option Gasoline Tax and State Motor Fuels Tax, which are a part of general fund revenues, are reserved exclusively (pursuant to State Statute) for streets and drainage operations and capital projects. The County charges a transportation impact fee on new development throughout the county that is used to fund certain transportation improvements. The City collects the fee for development within its limits and forwards the funds to the County. b. Sanitary Sewer The City's central sanitary sewer system is provided by the Indian River County Utilities Department through its North and Central County Regional Wastewater Treatment Plants (WWTP). The goals, objectives and policies of the Sanitary Sewer Element address the need for the City to coordinate with Indian River County to ensure the County provides adequate wastewater disposal capacity for City residents and commercial establishments in a way that does not damage natural systems. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Indian River County maintains a Five -Year Capital Improvement Program (CIP), which addresses the necessary upgrades and maintenance of its utility system. Along with user fees, the County charges a sanitary sewer impact fee on new development throughout the county that is used to fund certain sanitary waste capital improvements. The City collects the fee for development within its limits and forwards the funds to the County. c. Water The City's central potable water system is provided by the Indian River County Utilities Department through its North County Reverse Osmosis Water Treatment Plant (WTP). The goals, objectives and policies of the Potable Water Element address the need for the City to coordinate with Indian River County to ensure the County provides a high quality, adequate water capacity for City residents and commercial establishments. Indian River County maintains a Five -Year Capital Improvement Program (CIP), which addresses the necessary upgrades and maintenance of its utility system. Along with user fees, the County charges a potable water impact fee on new development throughout the county that is used to fund certain potable water capital improvements. The City collects the fee for development within its limits and forwards the funds to the County. d. Solid Waste Pursuant to Chapter 403, F.S., Indian River County is responsible for providing adequate solid waste disposal capacity throughout the planning horizon. The goals, objectives and policies of the Solid Waste Element address the need for the City to coordinate with Indian River County to ensure the County provides adequate solid waste disposal capacity for City residents and commercial establishments. The Indian River County Solid Waste Disposal District is a self supporting operation. Its revenues consist primarily of an annual non -ad valorem assessment on improved property throughout the county and tipping fees charged at the landfill for construction and demolition (C &D) and land clearing debris and tires. The County charges a solid waste impact fee on new development throughout the county that is used to fund certain solid waste capital improvements. The City collects the fee for development within its limits and forwards the funds to the County. e. Drainage The City of Sebastian's 2004 Master Stormwater Management Plan identified potential flooding problem areas within the City and other structural and non- structural drainage improvement needs. In response to the need to comprehensively address and implement long -term solutions to community drainage and other stormwater related problems, the City IX -18 CITY OF SEBASTIAN COMPREHENSIVE PLAN established the Sebastian Stormwater Utility in 2001, which levies an annual fee on a per unit/property basis throughout the community. f. Recreation and Open Space The City's parks and recreation budget is funded from general fund revenue, the Parks and Recreation Impact Fee applied to new residential development, and grants, such as the Florida Recreation Development Assistance Program and the Florida Inland Navigation District Waterways Assistance Program. 5. Forecasting of Revenues and Expenditures To determine the amount of funds available for capital projects, both expenses and revenues were projected for the planning period. Almost forty (40) percent of the City's total revenue is derived from the City's ad valorem tax base. Projected millage rates and future ad valorem revenues through 2015 are displayed in Table IX -3. As indicated in Table IX -3, ad valorem tax revenues projected for fiscal years 2010/11 to 2014 /15 are expected to be considerably lower than revenue collected in previous fiscal years. The reason for the lower projections for ad valorem tax revenue is the passage of Florida's Amendment 1, approved January 29, 2008. The City calculated its projected revenues for the 2010/11 year and years beyond, based on the amendment's doubling of the homestead exemption, from the current $25,000 to a maximum $50,000 for homes valued at $75,000 or more. Additionally, the city is experiencing a major reduction in property values, resulting from the reduction in new construction permits which reflect the state and national trend of the overall housing market Ad valorem revenue is generally used for general fund purposes, while special revenue funds are primarily used for capital improvement projects. Additional projected revenues for funds other than general revenue that can be used for capital projects are provided in Table IX -4. Other financial considerations for capital improvements are described below: a. Debt Capacity The City currently has no bonded general obligation debt. The City has utilized debt service financing to pay for capital projects including roadway improvements, general infrastructure improvements and stormwater improvements. The City utilizes Discretionary Sales Tax revenues, Stormwater Utility revenues and Local Option Gas Tax revenues to fund their respective debt service payments. Schedules of exi sting debt commitments are displayed in Table IX -5. The maximum amount of total City debt will not exceed 5% of the City's property tax base assessed valuation, as reported annually by the Indian River County Property Appraiser Table IX -6 displays the City's debt capacity based on the maximum 5% ratio to the City's tax base valuation. 6 Rule 9J- 5.016, Florida Administrative Code (FAC) CAPITAL IMPROVEMENTS ELEMENT CITY OF SEBASTIAN COMPREHENSIVE PLAN b. Operating Expenses A schedule of the City's projected operating expenses extracted from funds that provide revenue for each of the City's capital facilities is provided in Table IX -7. 6. Financial Feasibility Section 163.3180(15)(c), Florida Statutes, states: "A determination of financial feasibility shall be based upon currently available funding or funding sources that could reasonably be expected to become available over the planning period." The Five -Year Capital Improvement Schedule (Table IX -2) provides the foundation of an annual planning process that allows the City to meet its capital improvement needs and maintain its adopted level of service standards based on projected growth and available existing capacity. The revenue sources described herein are projected to be adequate to fund the projects identified in the Five -Year Capital Improvements Schedule. These revenue sources include City, County, State and Federal taxes, grants, fees and assessments. 7. Concurrency Management The intent of the Concurrency Management System (CMS) established in Chapter 3, Article IX of the Land Development Code is to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development. This Article sets forth criteria for assessment of development impact and guidelines to ensure that the adopted level of service standards established by the City's Growth Management Policies required for roads, sanitary sewer, potable water, drainage, solid waste, and parks and recreation are maintained. The concurrency evaluation system shall measure the potential impact of any proposal for a development permit or order upon the established minimum acceptable levels of service for sanitary sewer, solid waste, potable water, parks and recreation, and transportation facilities, unless the development permit or order is exempt from the review requirements of this section. No development permit or order which contains a specific plan of development, including densities and intensities of development, shall be issued unless adequate public facilities are available to serve the proposed development as determined by the concurrency evaluation set forth in this section. IX -20 CAPITAL IMPROVEMENTS ELEMENT q3 CITY OF SEBASTIAN COMPREHENSIVE PLAN Table IX 1: Inventory of Public Schools Public Schools Map (see Map IX -1) 1 2 3 Sebastian River High School Source: Indian River County School District, 2008 Note: Charter schools not included in the School Utilization inventory. 'School Year 2007/2008 School Enrollment and Capacity 4 School Pelican Island Elementary School Sebastian Elementary School Sebastian River Middle School Enrollment' 465 551 1,379 2,028 IX -21 CAPITAL IMPROVEMENTS ELEMENT Capacity 583 637 1,083 1,933 Portable Student Classrooms 25 N/A N/A N/A Estimated Student Capacity Capacity) 80% 86% 127% 105% Table 1X 2: City of Sebastian Capital Improvements Schedule FY 2010 /11- 2014/15 Project Source of Funding Total Project Cost FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 Drainage Excavation Equipment Stormwater Fee 200,000 200,000 1/4 Round Swale Rehabilitation Discretionary Sales Tax 2,450,000 450,000 500,000 500,000 500,000 500,000 Stormwater Master Plan Discretionary Sales Tax 50,000 50,000 Transportation Vehicular Improvements Citywide Repaving Local Option Gas Tax 300,000 50,000 100,000 150,000 512 Median Landscaping Discretionary Sales Tax 500,000 500,000 Parking Study CRA Tax Increment 30,000 30,000 Parking Improvements CRA Tax Increment 925,000 650,000 275,000 Bicycle /Pedestrian Improvements Sidewalk/Bike Paths Discretionary Sales Tax 600,000 150,000 150,000 150,000 150,000 Sebastian Airport Aircraft Maintenance Facility FDOT 80% Airport 20% 1,450,000 1,450,000 Master Plan Update FAA -95% FDOT 2.5% Airport 2.5% 300,000 300,000 Main Street Access Road FDOT 80% Airport 20% 1,200 000 1,200,000 Taxiway Construction Lights FAA 95 FDOT 2.5% Airport 2.5% 3,200,000 3,200,000 Construct Hangers FDOT 80°0% Airport 20% 2,500,000 2,500,000 Parks Recreation Barber Street Field Lighting Discretionary Sales Tax 275,000 275,000 Barber Street Field Expansion Recreation Impact Fees 125,000 125,000 Riverview Park Pavilion Recreation Impact Fee 50,000 50,000 Bark Park Amenities Recreation Impact Fee 75,000 75,000 Riverview Park Lift Station Recreation Impact Fee 100,000 100,000 New Park Azine Ter. Recreation Impact Fee 50,000 50,000 New Park Barber /Acom Terrace Recreation Impact Fee 50,000 50,000 New Park Celtic Crown Recreation Impact Fee 50,000 50,000 Riverview Park Irrigation/Fountains Recreation Impact Fee 25,000 25,000 Riverview Park Street Parking Recreation Impact Fee 100,000 100,000 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT IX -22 (i5_D\ CITY OF SEBASTIAN COMPREHENSIVE PLAN Project West Regional WWTP Expansion, North Water Plant Expansion, Spoonbill Marsh Site Closure of Segment II Landfill, Construct New Landfill Cell Repairs to Fire /EMS Stations, Construction of Two New Stations Police Parking Lot Expansion Discretionary Sales Tax 50,000 Police Vehicle Replacement Source of Funding Utility Capacity Charges Solid Waste Disposal District Insurance, Local Option Sales Tax, ESD Fund Balance Discretionary Sales Tax Total Project Cost 123,236,310 68,564,483 20,012,654 1,451,000 IX -23 CAPITAL IMPROVEMENTS ELEMENT FY 10 /11 24,070,305 5,650,000 1,144,705 276,000 FY 11/12 6,966,000 2,300,000 1,500,000 275,000 FY 12/13 11,170,000 5,143,000 Potable Water and Sanitary Sewer (Indian River County) 0 300,000 FY 13/14 5,400,000 12,109,000 FY 14/15 75,630,005 Solid Waste (Indian River County) 43,362,483 Emergency Service District (Indian River County) 2,200,000 15,167,949 300,000 300,000 Police Services 50,000 Source: City of Sebastian Annual Budget FY 2010/11; Indian River County Annual Budget FY 2007/08. CITY OF SEBASTIAN COMPREHENSIVE PLAN Table IX 3: Projection of Ad Valorem Tax Revenues Year Projected Taxable Value 2010 $1,149,168,546 2011 $986,761,434 2012 $986,761,434 2013 $1,016,364,277 2014 $1,046,855,205 2015 $1,078,260,861 Source: City of Sebastian October 2010 Millage Rate 3.3456 3.3041 3.3041 3.3041 3.3041 3.3041 CAPITAL IMPROVEMENTS ELEMENT Projected Revenue $3,652,425 $3,097,341 $3,097,341 $3,190,261 $3,285,969 $3,384,548 Note: Includes Centrally Assessed and Real Property and Tangible Personal Property. Does not include special assessments. IX-24 A. 0 N 69 I `66f` I O 6T9'69S'T 91S`Z8S`I ZSL`8 000`6Z 969,534 Z08'6T8'Z CD rD 00S`L 12,000 12,000 10,000 0 0Z` I OSL`1 051 b� M O N L7, £LL`6917` I 690'69 1,538,842 98`1 SS`I 234,071 000`6Z 17ZS`OS6 T80`S9L`Z 00S`L 000'Z I 000`Z I 000 00Z` I 0SL`I 44,450 en N G O N Lx. 1,440,954 1IL`L9 899`80S1 S90`IZS`I 1817'6ZZ 000`6Z 931,886 Z£ti` 00S`L 000'Z I 000`Z 000'01 00Z` i OSL`1 44,450 N r, O N LT, OOL`ZI L8 £`99 899 S OtZ` 1617'i 224,981 000`6Z t719`£16 S£8 Z 00S`L 00 000'Z I 10,000 00Z` I OSL` 44,450 r, r, O 0 el 000`58£`1 580`59 1,450,085 000`Z917`1 0LS`0ZZ 000`6Z 00L`S68 OLZ L0 Z 00S`L 000`Z I 12,000 L 000`01 l_ OOZ` I OSL`1 44,450 Franchise Fees Electric Solid Waste Total Franchise Fees Utility Service Taxes Outoaig aatgm Propane CST Revenue Sharing Total Utility Taxes Licenses and Permits Business Tax Business Tax Penalties Driveway Permit Fees Zoning Fees Site Plan Review Fees Plat Review Plan Checking Fees Alarm Permits Other Permits Fees Total Licenses and Permits z Z a. Qw Q� m Z L11 w U) LL O I O 5 0 I 1 O O p i 0 `':O O 1 0 O 00 N O 00 i ii O i O I O ;O I j :O j0 O O p I� O tn I� j r d 6 i a CA a L, U a) IU up U as U r, N Q Z Z a Q r W V/ co Z CO v, W O 0 00 O 1 O 1 I VD 1 O lit) 1 00 69 69 ICO 1 1 ell 1 I l O 1 8 1 18 lo O O Itn i O [C1 0 1 69 1 i 9 Hr: 1 0 9 i i !0 {O iO O i 0 i i� 69 iC I O i ce 00 69 0 1O 1 O 0 I 0 to N 1 --4 0 6A r i 0 U 1 cd W 1 I Q: 1 1) 1 <0 c0 :O ct 0 0 1 E4 1 I0 0 iO d" v i k O 0 0 0 p p 1 O 0 O i� N i M O 6 00 1 i r 69 �p `O N F i i I O O 1 O O O i0 IO O 10 O p O N M ren I 69 !,.O 6F3 1 i I k,i w I N 1 G> Cr) I 0 CI O O 1.1 I° I N 69 i 6A j 's czt 1 I O 1 O 10 O ;O 1 O 00 1 O 1 O 1 O 1 1'n 1N 1 00 1 I■0 ;N 1 6A 1 I 69 1 i 69 I rn O O M O M 69 iU 'U O 0 O iO ■0 1N to 0 i4 0 O o, N X Z Q J Z a Q W Q pp Z W W CO W Oa O 00 Year Projected Taxable Value Debt Capacity 2010 $1,149,168,546 $57,458,427 2001 $986,761,434 $49,338,072 2012 $986,761,434 $49,339,572 2013 $1,016,364,277 $50,818,214 2014 $1,046,855,205 $52,342,760 2015 $1,078,260,861 $53,913,043 Source: City of Sebastian. October 2010. CITY OF SEBASTIAN COMPREHENSIVE PLAN Table IX 7: Projections of Operating Expenses Fund Stormwater Division Roads Maintenance Table IX 6: Projection of Debt Capacity Note: (1) Maximum debt will not exceed 5% of the City's property tax base valuation. FY 2009- 10 FY 2010- 11 FY 2011- 12 CAPITAL IMPROVEMENTS ELEMENT FY 2012- 13 FY 2013- 14 FY 2014-15 Parks/Golf 1,572,982 1,262,979 1,262,979 1,275,609 1,301,121 1,340,155 Police 4,662,065 4,762,875 4,762,875 4,810,504 4,906,714 5,053,915 Airport 408,352 395,070 395,070 399,021 407,001 419,211 Totals $8,671,271 $8,390,170 $8,390,170 $8,474,073 $8,643,553 $8,902,860 1,109,726 1,092,457 1,092,457 1,103,382 1,125,449 Source: City of Sebastian, October 2010. IX-31 1,159,213 918,146 876,789 876,789 885,557 903,268 930,366 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Map IX 1: Schools Serving the City of Sebastian =MN ea Sebastian 1! 1 Source: Indian River County Public Schools Di Note Map f. graphic representation Actual data m -t be verified by the C y staff SCHOOLS SERVING SEBASTIAN Schools L.._a City Boundary I_ Indian River County Feet 0 1,375 3,750 7,500 &LAND DESIGN INNOVATIONS 190 North Orlando Avenue Suite 295 Winter Pork Florida 32789 IX -32 /05 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT D. GOALS OBJECTIVES AND POLICIES GOAL 1: Provide attainable fiscal means to ensure the timely and necessary installation and maintenance of public facilities needed to meet the public facility needs of residents and business establishments within the city limits of Sebastian. Objective 1.1: Capital Improvement Schedule. To ensure that the necessary facilities and infrastructure will be in place to meet levels of service established within the Comprehensive Plan, the City shall formally adopt the Capital Improvement Schedule, identified in the Data and Analysis as Table IX -2. Policy 1.1.1 Capital Projects. Capital projects shall be defined as those projects identified within the other elements of the Comprehensive Plan that are necessary to meet established levels of service, increase the capacity or efficiency of existing infrastructure, replace failing infrastructure or enhance facilities and infrastructure that generally have a cost exceeding $50.000. Policy 1.1.2 Components of Capital Improvement Schedule. Capital projects for the following facilities and infrastructure shall be included and sources of funding identified as part of the City's Capital Improvement Schedule: Transportation Stormwater Management (Drainage) Sanitary Sewer Operated and maintained by Indian River County Solid Waste Operated and maintained by Indian River County Potable Water Operated and maintained by Indian River county Parks and Recreation Policy 1.1.3 Five Year Capital Improvement Program. All capital improvements not qualifying for inclusion in the Five -Year Schedule of funded capital improvements, shall be included in the City's five year capital improvements program and annual capital budget. Policy 1.1.4 Priorities in Allocating Capital Improvements. Capital projects shall be prioritized according to the following criteria in the following order: 1. Whether the project increases the efficiency of existing facilities or infrastructure. 2. Whether the project represents a logical extension of facilities within the utility service area. 3. Whether the project is financially feasible. 4. Whether the project is coordinated with major projects of other agencies. CITY OF SEBASTIAN COMPREHENSIVE PLAN 5. Whether the project is necessary to meet established levels of service. 6. Whether the project implements the policies of the Comprehensive Plan as they pertain to concurrency requirements. 7. Whether the project eliminates a public hazard. Policy 1.1.5 The City shall adopt a capital budget every year as part of the annual budgeting process and shall amend the 5 Year Capital Improvement Schedule and Budget accordingly. Objective 1.2: Level of Service (LOS). The City shall utilize level of service criteria, as defined below, for the various Elements of this Plan when determining the timing and funding of capital facilities. Policy 1.2.1 The City shall use the following minimum level of service (LOS) Standards in reviewing the impacts of new development and development upon public facilities The level of service standard for arterials and collectors roads shall be "D." The level of service standard for Sewer is 250 gallons per day per equivalent residential unit. The level of service standard for Solid Waste is 6.96 pounds per day per capita. The level of service standard for Potable Water is 250 gallons day per equivalent residential unit. The level of service for total Park acreage is 2 acres per 1,000 population for neighborhood parks and 2 acres per 1,000 population for community parks. The level of service (LOS) standards for the drainage system facilities developed within the City of Sebastian are as follows: o Water Quantity Standards: Off -Site Standard: Post development runoff shall not exceed the pre development runoff rate for a 25 -year, 24- hour design storm. On -Site Standard: Post development runoff shall not exceed the pre development runoff rate for a 10 -year, 24- hour design storm. o Water Quality Standards: IX -34 CAPITAL IMPROVEMENTS ELEMENT CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Water quality standards of Chapter 17 -25, F.A.C., shall be applied as the quantitative standard. Chapter 17 -25, F.A.C., requires Outstanding Florida Waters (i.e., Indian River Lagoon) to reduce pollution loads by an additional fifty (50 percent prior to discharge. The level of service for public schools is 100% of the Florida Inventory of School Houses (FISH) capacity for each year of the five year planning period and throughout the long term planning period for each School Service Area. Policy 1.2.2 Compatibility. In consultation with City departments, the City Manager shall evaluate land use amendments to determine the compatibility of those amendments with the adopted level of service standards and to ensure adequate funding is available when improvements are necessary pursuant to such land use amendments. Policy 1.2.3 Thresholds. Capital projects shall use the following thresholds to target initiation and budgeting of construction and /or purchase of capital facilities to meet projected future needs based on adopted level of service (LOS) standards: Roadways Volumes are at 90% of adopted LOS capacity. Sewer 75 of available capacity is being utilized. Water 75 of available capacity is being utilized. Recreation and Open Space Park lands when 95 of available land area is utilized or when 90% of the population exists in areas in need of new park acreage. Policy 1.2.4 Funding Sources. The City shall pursue adequate funding sources for the construction of capital projects identified in the Capital Improvement Schedule. Policy 1.2.5 Adequate Transportation Funding. The following procedures shall be utilized to ensure adequate funding for transportation capital proj ects: The City shall continue to participate in Indian River County MPO committees regarding transportation funding to ensure funding distribution for transportation projects identified in Table XII 2 of the Data and Analysis. The use of State revenue sharing motor fuels tax funds shall be reserved solely for traffic related maintenance and capital improvement projects. After payment of existing bond obligations, the use of the net proceeds of the Indian River County Local Option Gasoline Tax, CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT shall be reserved solely for traffic related maintenance and capital improvement projects. The use of the total proceeds from the Indian River County Local Option Sales Tax shall be reserved solely for traffic related capital proj ects. Funds collected from the Transportation Impact Fee shall be reserved for transportation capital projects. Policy 1.2.6 Adequate Stormwater Funding. The following procedures shall be utilized to pursue adequate funding for stormwater management (drainage) capital projects: Up to 20% of the total proceeds from the Stormwater Utility Fund shall be reserved for maintenance of the existing stormwater system. The remainder of the total proceeds from the Stormwater Utility Fund shall be used to finance best practice oriented projects identified in the Sebastian Master Stormwater Management Plan adopted in 2004. Policy 1.2.7 Adequate Sanitary Sewer Funding. The City shall continue to collect wastewater impact fees for development within the City limits and forward these fees to Indian River County, the jurisdiction responsible for providing sanitary sewer services to the City of Sebastian. Policy 1.2.8 Adequate Potable Water Funding. The City shall continue to collect potable water impact fees for development within the City limits and forward these fees to Indian River County, the jurisdiction responsible for providing potable water services to the City of Sebastian. Policy 1.2.9 Adequate Parks and Recreation Funding. The following procedures shall be utilized to pursue adequate funding for parks and recreation capital projects: Grants shall be pursued and used for the completion of parks and recreation capital projects. Funds collected through the implementation of the Parks and Recreation Impact Fee. Policy 1.2.10 The City of Sebastian adopts by reference the Indian River County School District's capital improvement budget, which was adopted on September 6, 2007 for fiscal years 2007 /08 through 2011/2012 and as may be amended from time to time. Objective 1.3: Capital Improvement Evaluation. All City capital projects shall be evaluated to determine if they meet the prioritization criteria and consistency with adopted level of service standards and/or public need. IX -36 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Policy 1.3.1 Evaluation. The Growth Management Department shall monitor and evaluate the implementation of the Capital Improvements Element annually during the City's budgetary update process. Policy 1.3.2 Department Priorities. As part of the annual budget process, all City departments shall identify and prioritize capital facilities in need of refurbishment or replacement and submit those facilities for funding in the Capital Improvement Program. Requests for capital projects shall be evaluated for their consistency with adopted level of service standards. The Planning and Zoning Commission, acting as the Local Planning Agency, shall review the major capital projects requests and forward a recommendation to the City Council by July 1st of each year. Policy 1.3.3 Inventory Hazards. The City shall continue to maintain an inventory of any existing hazards within the City by using the hazards analysis and hazards mitigation criteria established within the Indian River County Comprehensive Emergency Management Plan and shall also identify any grant sources available to mitigate the hazards listed on the hazard inventory. Policy 1.3.4 Revenue Sources. Requests for capital projects shall be evaluated for their impact on the City budget and the financial feasibility of the project based on the following criteria: The Finance Department shall determine if the capital project can be funded from existing cash, future revenues, or through borrowing. In addition, the Finance Department shall assign a revenue source(s) to fund the project. The Finance Department shall prepare a report evaluating the funding options, effect of the improvement on future revenues, and the effect of the improvement on operation and maintenance costs. Policy 1.3.5 Coordination. All capital projects shall be reviewed as to their compatibility and timing in relation to capital projects being implemented or planned by Indian River County, the Florida Department of Transportation, the St. Johns River Water Management District, the Indian River County School Board, the Florida Department of Environmental Protection, and/or any other applicable government agency. Policy 1.3.6 Coordination. The City should use reasonable methods to track capital projects of any agency, which may be in conflict or may enhance the City's capital projects. IX -37 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Objective 1.4: Debt Management. The City shall adopt policies and procedures which address the management and utilization of debt for the purposes of capital project financing. The City may use line of credit borrowing or bond anticipation notes for specific construction projects and issue revenue pledged debt at construction completion only if current funds do not provide adequate funding to pay for construction. Policy 1.4.1 Bond Use Criteria. The use of revenue bonds as a debt instrument shall be evaluated based on the following criteria: A five (5) year projection of revenues from all funds shall be prepared and updated annually as a part of the City's budget process. This projection shall include an analysis of historic and future trends of the revenue stream. Revenue bonds shall be allowed to fund up to one hundred percent (100 of the City's total debt, up to the maximum amount allowed by the criteria identified in Data and Analysis section of this Element. Debt will not be issued to finance normal repairs and maintenance. Debt can be issued to make renovations, updates, modernizations and rehabilitations provided the expenditures extend the useful life of the capital asset. The maximum ratio of total debt service (principal and interest) to total revenue shall be that percent deemed most beneficial to the City as determined by the City's Financial Advisors and its Bond Counsel based upon criteria set by the rating agencies and credit enhancement organizations. The impact of principal and interest revenue bond payments on the operation and maintenance of the affected utility and/or department will not require deferring current maintenance of existing infrastructure. The impact of bond covenants and restrictions on the City's method of accounting for depreciation, and the impact of any reserve account restrictions on the operation and maintenance of the affected utility and /or department. Cash restricted due to bond and grant covenants will be budgeted in accordance with the terms of the covenants. On an annual basis, the City will restrict the amount of cash equivalent to twenty -five percent (25 of depreciation as reported on the prior year's annual financial statement in enterprise operations to ensure adequate repair and/or replacement of capital facilities. IX-38 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Policy 1.4.2 Capitalized repairs of existing infrastructure will be paid from funds restricted by debt covenants and current revenues. Debt will not be issued to finance capitalized repairs. Debt Repayment Criteria. The use of tax revenues as a pledge for the repayment of debt shall be evaluated based on the following criteria: A five (5) year projection of revenues from all taxes shall be prepared and updated annually as a part of the City's budget process, and an analysis of historic and future trends in the tax revenue stream will be a part of the projection process. At the time of issuance of new debt, a review shall be conducted to ensure that the maximum amount of general government debt shall not exceed five percent (5 of the City's property tax base assessed valuation reported yearly by the Indian River County Property Appraiser's office. Policy 1.4.3 Long Term Lease. The City may use long term capital lease payments on lease purchases for capital projects identified within this Element, provided adequate debt service requirements are provided. Objective 1.5: New Development. The City shall ensure that new developments share a proportionate share of the costs required to maintain adopted level of service standards, through the assessment of impact fees or developer contributions, dedications, or construction of capital facilities necessary to serve new development as required in other Elements of this Plan. Policy 1.5.1 Evaluation of New Development Impacts. All development order applications shall be evaluated as to the impact of the development on capital facilities and the operation and maintenance of those facilities. The evaluation shall include, but not be limited to, the following: Expected capital costs, including the installation of new facilities required that are related to the development. Expected operation and maintenance costs associated with the new facilities required by the development. Anticipated revenues the development will contribute, including impact fees, and user fees. Policy 1.5.2 Developer's Agreements. When applicable, the City shall utilize developer's agreements to ensure the timely and appropriate installation of needed capital facilities to service new development. Such agreements will be executed under the City's constitutional home rule power and following the procedures set forth in Chapter 163.3220, Florida Statutes. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Policy 1.5.3 Phased Development. To ensure adequate capacity allocations for all developments, the City may require any development to use developer's agreements and/or develop in more than one phase. Policy 1.5.4 Proportionate Impact Fees. The City shall continue to collect County impact fees for transportation, solid waste, water, wastewater, and police and fire and collect the City impact fees to ensure new developments contribute their proportionate share of capital project funding necessary to service new development. Policy 1.5.5 Public Facilities. New developments shall be responsible for installing all public facilities necessitated by the new development, including but not limited to, internal water and sewer systems, traffic circulation systems, and internal recreation/open space facilities within their development. In addition, connections of internal systems to the City's designated major water and sewer trunk systems and traffic circulation network shall be the financial responsibility of the developer. Objective 1.6: Concurrency Management. The City shall continue to operate a financially feasible Concurrency Management System for the review of all proposed developments within the City of Sebastian for their impact upon Sebastian's municipal services. Policy 1.6.1 Concurrency Evaluation System. The concurrency evaluation system shall measure the potential impact of any proposal for a development permit or order upon the established minimum acceptable levels of service for sanitary sewer, solid waste, drainage, potable water, parks, recreation, schools and transportation facilities, unless the development permit or order is exempt from the review requirements of this section. Policy 1.6.2 Adequate Facilities. No development permit or order which contains a specific plan of development, including densities and intensities of development, shall be issued unless adequate public facilities are available to serve the proposed development as determined by the concurrency evaluation set forth in this section. Policy 1.6.3 Land Acquisition. The City shall include any declared land dedication, including lands dedicated for parks, recreation and open space, within the Five -Year Capital Improvement Schedule. Policy 1.6.4 Facilities Inventory and Reporting. The Growth Management Department, in coordination with Indian River County for services and facilities provided by the County, shall maintain an inventory of the available capacity within the roads, potable water, sanitary sewer, solid waste, parks and recreation facilities and other public facilities. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Policy 1.6.5 Reporting. Each year, the Growth Management Department shall prepare a report for the City Council containing the current capacity for public services and public facilities, including any encumbrances or deficiencies. Policy 1.6.6 Reporting. The annual report shall also identify any public facilities that will require improvements to maintain adopted levels of service and recommend a schedule of improvements to avoid any reduction in the approval of development orders.