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Home My WebLink About11132013 Agenda PacketMY OF SEB HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, NOVEMBER 13, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL 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 on Back of Agenda ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED CITY COUNCIL MEMBERS 1. CALL TO ORDER by Incumbent Mayor Bob McPartlan 2. INVOCATION — Reverend Lori Hoey, St. Elizabeth's Episcopal Church 3. PLEDGE OF ALLEGIANCE — Led by Council Member Andrea Coy 4. ROLL CALL 13.007 5. ELECTION MATTERS (City Clerk Transmittal, Certification of Election Results) 6 -8 A. Reading of City Canvassing Board Certification Results by City Attorney B. Call for Nominations for Mayor by Incumbent Mayor - City Clerk Calls Roll on the Nominations if More than One Nomination C. Call for Nominations for Vice Mayor by Newly Elected Mayor — City Clerk Calls Roll on the Nominations if More than One Nomination 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. 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. 13.157 A. National Runaway Prevention Month — November 2013 - Accepted by Sabrina 9 Barnes, Executive Director, and Frank Avilla, Adoptions Marketing Specialist, Children's Home Society of the Treasure Coast 13.158 B. National Adoption Awareness Month — November 2013 — Accepted by Sabrina 10 Barnes, Executive Director, and Frank Avilla, Adoptions Marketing Specialist, Children's Home Society of the Treasure Coast 13.159 C. City of Sebastian Employees of the Quarter i. Employee of the 1 st Quarter 2013 - Terry Reno, Facilities Maintenance Supervisor ii. Employee of the 2nd Quarter 2013 - Merbert "Bub" Milon, Stormwater Utility Supervisor iii. Employee of the 3rd Quarter 2013 - Gloria Brown, Police Dispatch Communications Supervisor D. Brief Announcements i. Friday, December 6, 2013 — 5:30 - 8:30 pm Chamber of Commerce Light Up Night ii. Saturday, December 7, 2013 — 6 pm - Sebastian Christmas Parade and Santa House — IR Drive — Main St. to Riverview Park 1 of 178 8. 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. 11 -17 A. Approval of Minutes — October 23, 2013 Regular Meeting 13.077 B. Approve Resolution No. R -13 -38 - Cross Creek Lake Estates Plat Three (CDD 18 -28 Transmittal, R- 13 -38, Cross Creek Lake Estates Plat Three, Application, Area Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES PLAT THREE, BEING A REPLAT OF TRACT L OF CROSS CREEK LAKE ESTATES PLAT ONE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 13.077 C. Approve Resolution No. R -13 -39 - Cross Creek Lake Estates Plat Four (CDD 29 -39 Transmittal, R- 13 -39, Cross Creek Lake Estates Plat Four, Application, Area Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES PLAT FOUR, BEING A REPLAT OF TRACTS R & S OF CROSS CREEK LAKE ESTATES PLAT TWO; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 13.160 D. Approve Expenditure of Police Forfeiture Funds as Required by FS 932.7055(5) 40 -42 (b) in the Amount of $470.77 to Creative Product Sourcing, Inc. and $121.79 to Total Print (PD Transmittal, DARE Invoices) 13.161 E. Approve Purchase of One Ford 350 4x2 Crew Cab Truck from Don Reid Ford for 43 -54 Stormwater Division Under Florida Sheriff's Association Contract Number 13 -21- 0904 in the Amount of $31,556 (PW Transmittal, FSA Bid Award) 13.162 F. Authorize Purchase of Three Chevrolet Caprice Police Package Vehicles from 55 -61 Alan Jay Fleet Sales Under Florida Sheriff's Association State Contract Number 13 -21 -0904 in the Amount of $104,841 (PD Transmittal, FSA Bid Award) 13.163 G. Authorize Purchase of One Ford F250 44 Extended Cab Truck from 62 -72 Alan Jay Fleet Sales for Code Enforcement Division Under Florida Sheriff's Association State Contract Number 13 -21 -0904 in the Amount of $24,548 (PD Transmittal, FSA Bid Award) 9. 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. 13.164 A. Mayor Appointment of Council Members to IRC and Regional Committees (City 73 -74 Clerk Transmittal, Liaison List) 13.165 B. Assignments to Monitor IRC Commission Meetings — December 2013 through 75 November 2014 (City Clerk Transmittal) 13.166 C. Budget Review Advisory Board — Direction for Each Council Member to Select 76 -77 One Representative Member and Two At -Large Members at the December 11, 2013 Regular Meeting (City Clerk Transmittal) 2 2of178 10. PUBLIC HEARINGS (Legislative and Quasi - Judicial) Legislative Public Hearing Procedures (As approved by R- 13 -18) Mayor opens hearing City Attorney reads title Staff presentation, comments, and preliminary recommendation Applicant presentation, if necessary Public input City Staff final comments and recommendation Mayor closes hearing unless hearing continuation granted by the affirmative vote of three Council Members Council deliberation and action 13.145 A. Second Reading, Legislative Public Hearing and Final Adoption of Ordinance No. 78 -84 0 -13 -12 - E- Cigarettes — Prohibiting Sale of E Cigarettes and Liquid Nicotine to Persons Under 18 Years of Age (City Attorney Transmittal, 0- 13 -12) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING SECTION 50 -6 OF THE CODE OF ORDINANCES UNDER CHAPTER 50 "HEALTH AND SANITATION" PERTAINING TO THE SALE AND USE OF E- CIGARETTES AND LIQUID NICOTINE AND PROVIDING THEREIN FOR DEFINITIONS, FOR A PROHIBITION ON THE SALE WITHIN THE CITY OF E- CIGARETTES AND LIQUID NICOTINE TO PERSONS UNDER EIGHTEEN YEARS OF AGE, FOR A PROHIBITION ON THE USE WITHIN THE CITY OF E- CIGARETTES AND LIQUID NICOTINE, PROVIDING FINDINGS, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (1St Reading 10/9/13, Legal Ad 10/30/13) Quasi- Judicial Public Hearing Procedures: (as approved by R- 99 -12) Mayor opens hearing Attorney reads ordinance or resolution City Council Members disclose ex -parte communication City Clerk swears in all who intend to provide testimony Staff presents findings and analysis Applicant makes presentation Council asks questions of the applicant and staff Mayor opens the floor for anyone in favor of the request (anyone presenting factual information shall be sworn but anyone merely advocating approval need not be sworn in) Mayor opens the floor for anyone opposing the request Applicant provided opportunity to respond to issues raised by staff or public Staff provided opportunity to summarize request City Council deliberation and questions Mayor calls for a motion City Council Action 13.167 B. Public Hearing (Quasi - Judicial) Resolution No. R -13 -36 — Special Exception to 85 -121 LDC Section 54- 2- 5.3.3(c ) To Allow Qualified Affordable Housing As A Conditional Use Within The Commercial General (CG) Zoning District Specifically for a 7.4 Acre Property (CDD Transmittal, R- 13 -36, Comp Plan Excerpts, Application, 10 -17 -13 P & Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR QUALIFIED AFFORDABLE HOUSING AS A CONDITIONAL USE IN THE COMMERCIAL GENERAL ZONING DISTRICT SPECIFICALLY FOR A 7.4 ACRE PROPERTY AT 9707 U.S. 1 AND NORTH OF THE PUBLIX SHOPPING CENTER AT U.S. 1 AND BARBER ST., PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 11. UNFINISHED BUSINESS 12. PUBLIC INPUT (New information or requests to city council not otherwise on the prepared agenda) 3 3of178 13. NEW BUSINESS 13.168 A. City Manager Recruitment Process and Appointment of Interim (City Manager 122 Transmittal) 13.169 B. Items for December 5, 2013 Legislative Delegation Meeting at Vero Beach City 123 -126 Hall (City Manager Transmittal, Rep. Mayfield Letter) 13.170 C. Authorize Staff to Proceed with Soliciting Bank Proposals to Provide Funds for 127 -147 Refunding the City Stormwater Utility Revenue Bonds, Series 2003 and the City's Infrastructure Sales Surtax Bonds, Series 2003 and Series 2003A (Administrative Services (Administrative Services Transmittal, Request for Bank Loan Proposals) 13.031 D. Approve New Lease Agreement Between City of Sebastian and Crab E Bill, Inc. 148 -159 Subject to Approval by Florida Communities Trust (CDD Transmittal, Corporate Docs, Lease) 13.171 E. Procurement Discussion — Citywide Computer System Upgrade (MIS 160 -161 Transmittal) 13.172 F. Additional Position Request — Reinstatement of Maintenance Worker II Position 162 -163 in Facilities Maintenance Division and Prepare Appropriate Budget Adjustments from City Manager and Public Works Salary Line Items to Fund Position (Public Works Transmittal) 13.044 G. Lion's Club 4t" of July Agreement — Alcohol Consumption in Riverview Park (City 164 -166 Manager Transmittal, Dr. Norman Meyer Letters) 13.173 H. Park Use Discussion - 24 Fit (City Manager Transmittal, Code Sections 74 -6 and 167 -175 74 -7, R- 10 -15) 13.174 I. Native Tackle — Kelly Alonzo — Closing Indian River Drive (City Manager 176 Transmittal) 14. CITY ATTORNEY MATTERS 13.088 A. Pending Litigation Report (City Attorney Memo 11/1/13) 177 -178 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Mayor B. Vice Mayor C. Council Member D. Council Member E. Council Member 18. 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. 4 4of178 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 EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (FS.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meeting D� ates: 11120113 Board of Adjustment 6 pm 12/11/13 Regular City Council Meeting 6:30 pm 118114 Regular City Council Meeting 6:30 pm 1122114 Regular City Council Meeting 6:30 pm PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -13 -18 Regular City Council Meetings Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ 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 agendas 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 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 for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE 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 by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 5of178 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: 11/5/13 Election Matters • Swearing In of Elected Officials Reading of Election Results Election of Vice Mayor and Vice Mayor AGENDA NO: DEPT. ORIGIN: CITY MANAGER: CITY ATTORNEY: DATE SUBMITTED MEETING DATE: Exhibits: Certification of Canvassing Board — Final Results Swearing In: The three newly elected officials are called to the podium individually, wit Clerk, then take a place at the dais. Gillmor, Bob McPartlan. Sfl -B -C C v Clerk 11/13/13 asked to remain on the floor of the Chambers and be i their families if they choose, to be sworn by the City This will be done alphabetically. Andrea Coy, Richard Charter Sec. 2.04. Term Commencement. Swearing In. The terms of newly elected council members shall commence when they are sworn in immediately prior to the first regularly scheduled city council meeting held following certification of the election results. Call to Order, Invocation, Pledge and Roll Call The meeting will then be called to order by incumbent Mayor McPartlan, followed by the invocation, Pledge of Allegiance and Roll Call. The first order of business is reading of results and election of Mayor and Vice Mayor. Reading of Results by City Attorney, and Election of Mayor and Vice -Mayor The City Attorney will read the results of the election as certified by the Canvassing Board. Incumbent Mayor McPartlan will call for nominations for Mayor. If there is more than one nomination the City Clerk will call each Council member's name and the Council member shall state his or her preference for Mayor. The member receiving at least three will be elected Mayor. If there is only one nomination, the member is elected without need for a roll. The newly elected Mayor will call for nominations for Vice - Mayor, and the same process is followed. 6 of 178 Charter Sec. 2.06. Mayor; vice- mayor. (a) Mayor- - Selection and term. [ A]fter the seating of any newly elected council members at the city council meeting held pursuant to Section 2.04 the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice -mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority vote shall be elected mayor. In the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a majority vote. Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayor. (9) If there is no mayor seated on the new or existing city council, a temporary city council chairperson may be elected from the incumbent members of the city council for the purpose of electing a mayor as set forth above. (2) In the event there is only one nomination and second for mayor, the nominee shall be seated as mayor. (b) Mayor - Duties, general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to preserve the peace and order, be recognized as the head of the city government for all ceremonial purposes, and shall be recognized by the governor as the head of the city government for purposes of military law. The mayor shall sign all ordinances, resolutions and proclamations of the city council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. (c) Vice - mayor- - Selection and term. Immediately subsequent to the selection of a mayor, the city council shall elect a vice -mayor from among its members. The term of the vice -mayor shall be for one year or until his or her successor is elected. The vice -mayor shall be elected using the same procedure as for the election of mayor. 2 7 of 178 CERTIFICATE OF CANVASSING BOARD OFFICIAL RETURNS CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA We, the undersigned, members of the duly constituted Board of Canvassers for the City of Sebastian, Indian River County, Florida, do hereby certify that we met in the office of the Supervisor of Elections on the 51h Day of November, A.D. 2013 and proceeded to publicly canvass the votes given for the offices herein specified at the Municipal Election on the 5`h Day of November, A.D. 2013, as shown by the returns on file in the office of the Supervisor of Elections. We hereby certify from said returns as follows: For Two Year City Council Member Term, the whole number of votes cast was (0,19 I , of which number ANDREA B. COY DAMIEN GILLIAMS RICHARD GILLMOR BOB MCPARTLAN DON WRIGHT (VOTE FOR NO MORE THAN THREE) RECEIVED 1, 7 j 1 VOTES RECEIVED 91 r--,— RECEIVED (T VOTES RECEIVED VOTES RECEIVED VOTES The Canvassing Board certifies that the board has reconciled the number of persons who voted with the number of ballots counted and that the certification includes all valid votes cast in the election. Sally Maio, Se tian City Clerk Canvassing oard Chairman Robert Ginsburg, Sebastian City Attorney 4i, Board Member Sebastian City Manager Board Member November 7, 2013 8 of 178 ano, CEBASTLAN 0 HOME OF PELICAN ISLAND PROCLAMATION NATIONAL RUNAWAY PREVENTION MONTH NOVEMBER 2013 WHEREAS, for more than a century, Children's Home Society of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately 800 youth are homeless on the Treasure Coast. The National Runaway Switchboard reported more than 280 crisis runaway calls from two Treasure Coast area codes (772, 863) during 2012; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with The National Runaway Switchboard and The Family and Youth Services Bureau to educate and prevent youth in crisis from running away and subsequently living on the streets; and WHEREAS, Children's Home Society of Florida provides support services to youth in crisis that aim to move youth into stable living situations; and WHEREAS, Children's Home Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, and on behalf of the Sebastian City Council, do hereby proclaim November 2013 as National Runaway Prevention Month in Sebastian and ask our community to focus our attention on those children who experience crisis and turn to the streets for support. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 13th day of November 2013. City of Sebastian, Florida Mayor 9 of 178 PROCLAMATION NATIONAL ADOPTION AWARENESS MONTH NOVEMBER 2013 WHEREAS, for more than a century, Children's Home Society of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately 125 -175 children are awaiting adoptions on the Treasure Coast and in the last three years over 350 children have been given the gift of forever families; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with The Department of Children & Families to ensure that every child has a forever family; and WHEREAS, children waiting for adoptive parents and families who have adopted these children require and deserve community and agency support; and WHEREAS, Children's Home Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, and on behalf of the Sebastian City Council, do hereby proclaim November 2013 as National Adoption Awareness Month in Sebastian and encourage an awareness of the changes and issues regarding adoption, and focus attention on those children who live in the shadow of an uncertain future while they await forever families. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 13th day of November 2013. City of Sebastian, Florida Mayor 10 of 178 Crcv BAST HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 23, 2013 -6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Clifton Cooley, Calvary Baptist Church. 3. The Pledge of Allegiance was led by Council Member Jerome Adams. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Community Development Director, Joe Griffin Deputy Police Chief, Greg Witt MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 13.144 A. Certificate of Appreciation to Harry Tanner, Police Pension Board Service Mayor McPartlan read and presented the Certificate of Appreciation to Mr. Tanner and thanked him for his service to the City. 13.150 B. Presentation - Ken Primus - October 26th Community Health Event in Riverview Park Mr. Primus gave a brief presentation on the October 26th Community Health Day Event in Riverview Park from 9 am to 4 pm, with five physicians who will be discussing different diseases, and forty health educators, and all free to the public. He said they hoped to have this become an annual event. 11 of 178 Regular City Council Meeting October 23, 2013 Page Two 13.151 C. Presentation — Marty Smithson — Economic Impacts of the Sebastian Inlet (Sebastian Inlet Taxing District Report) Mr. Smithson, Sebastian Inlet District Administrator, gave a brief Power Point presentation on the regional economic impact of the Sebastian Inlet (see presentation attached, citing the huge positive impact to businesses, tax revenues and environment in the local area. He also distributed a brochure that summarizes his report (see brochure attached. Mr. Wright asked, in regard to the sea grass collapse, what are the current conditions. Mr. Smithson said according to newspapers, there is a lot of negative information about the decline of sea grasses, and though it took a serious hit from north to south, it is not thought the collapse was caused by shading, but rather there is a toxic effect. He said there are positive signs that grasses are coming back in the Banana River area which had suffered the greatest loss, that Pineda to south of Melbourne is the most stressed area, and some scientists are seeing new grasses, though not the tall grasses we are accustomed to seeing, small blade grass is showing signs of recovery. The City Manager said on the green bars on one of the charts represent sea grass growth in 2012 2013, which indicates the Sebastian sector shows 300% growth, one of the best in the region. Mr. Smithson said the zone of influence from the inlet is about the area from Grant to Wabasso. He explained that in the 1980s they had used 1943 data as a benchmark for a restored healthy lagoon, that level was met in 2007 and in 2009 it was exceeded, in the next couple of years there was a huge decline, but it appears to be improving now. Ms. Coy said this is based on St. Johns River Water Management District data and asked what method was used to measure. Mr. Smithson said looking at increasing visualization of sea grass blades, and depth of water, and the deeper they find grasses, the better it is. Ms. Coy noted that chart benchmark 39 looks to be in the area where the Sebastian River comes out into the lagoon and that makes sense that it is not showing improvement. Mr. Wright asked why the area around Melbourne is not recovering, and Mr. Smithson said it is an area that it highly urbanized and stressed, and confirmed canal drainage is causing stress to the lagoon. Mr. Wright said it would be interesting to see if there is a correlation to what is happening at the Sebastian River junction with the lagoon. Mr. Smithson was thanked for his presentation to Council D. Brief Announcements Mayor McPartlan read the following announcements: i. 10124113 - SRHS Sharks Homecoming Parade - IR Drive - Main to Riverview Park - 4 pm ii. 10126113 - City Halloween Costume Contest in Riverview Park East -10 am iii. 10129113 - Chamber of Commerce City Council Candidate Forum in Council Chambers - 7 pm to 9 pm - Live CH 25 Broadcast iv. 1112113 - Craft Club Show in Riverview Park- 10 am to 4 pm V. 1115113 - General Election at Sebastian Precincts for Three Council Seats A 1118113 through 11/10/13 - Clambake Festival in Riverview Park 2 12 of 178 Regular City Council Meeting October 23, 2013 Page Three 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. A. Approval of Minutes - October 9, 2013 Regular Meeting 13.152 B. Authorize Purchase of Ford 350 4X4 Pickup Truck - Piggyback Florida Sheriff's Association State Contract Number 13-21-0904 in the Amount of $29,880.00 (Public Works Transmittal, FSA Bid Award) 13.020 C. Approve FIND Grant - Sebastian Working Waterfront Fish House - Project Agreement # IR -SE 13 -04 and Authorize Mayor to Execute (City Manager Transmittal, Letter, Agreement) 13.153 D. Resolution No. R-1 3 37 FDOT JPA - Sebastian Municipal Airport Hangar Construction - Authorize City Manager to Execute JPA (CCD Transmittal, R-1 3- 37, JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING FOR HANGAR CONSTRUCTION AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 13.079 E. Approve FDEP Grant Agreement # S0659 (Revision) Sebastian Presidential (Streets) TMDL, NPS Local Reduction Project and Authorize Mayor to Execute (City Manager Transmittal, Letter, Grant Agreement) MOTION by Ms. Coy and SECOND by Mr. Wright to approve the consent agenda. Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill 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. 13.143 A. Planning and Zoning Commission (City Clerk Transmittal, One Application, Ad, List) i. Interview Unless Waived, Submit Nominations for One Expired, Regular Member -Term to Expire 11/1/2016 Since Mr. Dodd was the only applicant for his current position, he was appointed to the new term, and Mayor McPartlan thanked him for his service. Other Committee Reports Mr. Adams reported on a joint meeting between South FL Regional Planning Council and Treasure Coast Regional Planning Council on Seven50 and noted there is a draft report available for review by the public on the website www.seven50.org. 3 13 of 178 Regular City Council Meeting October 23, 2013 Page Four He said there was no decision made, the draft was made available for review and comments can be made to the TCRPC, and quite a few people were present from the public with opinions on both sides of the fence. Ms. Coy said there is a strong effort to close the door on Seven50 Countywide and further, and said Council is still looking in the doorway. Mr. Wright said he did not think the City had made a decision yet. Ms. Coy said she will not be at the December 11th MPO meeting where this will be discussed and had asked the City Manager to attend in her stead. Mayor McPartlan noted she has an MPO alternate. Mr. Adams said Seven50 plan is just a plan and will not be forced on anyone, and all voluntary. Mayor McPartlan said that is what he says, and Mr. Adams said that is what they are being told, and agencies can do some, all or none of it. 9. PUBLIC HEARINGS - Legislative and Quasi Judicial 13.136 A. Second Reading and Final Adoption of Ordinance 0-13-11 - NPDES Program (City Manager Transmittal, 0-13-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES CREATING ARTICLE VI, RELATING TO THE IMPLEMENTAION OF AN URBAN STORMWATER QUALITY MANAGEMENT AND DISCHARGE CONTROL PROGRAM TO REDUCE POLLUTANT DISCHARGES TO THE MUNICIPAL SEPARATE STORM SYSTEM (MS4) IN COMPLIANCE WITH FEDERAL CLEAN WATER ACT; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DISCHARGE AND PROHIBITION; PROVIDING FOR REGULATION AND REQUIREMENTS; PROVIDING FOR INSPECTIONS AND MONITORING; PROVIDING FOR ENFORCEMENT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. (PJ Ad 10/9/13) Mayor McPartlan opened the public hearing at 7:04 pm and the City Attorney read Ordinance No. 0-13-11 by title. The City Manager briefly reviewed federal regulations to adopt NPDES policies and procedures and recommended approval. MOTION by Mr. Hill and SECOND by Mr. Wright to approve Ordinance No. 0-13-11. Mr. Wright noted $50K has been set aside in the budget for a riverfront stormwater master plan, and asked if that plan would help comply with this regulation, and the City Manager said it would help with this, though the riverfront stormwater plan is above and beyond what is required. He said most of that stormwater is coming off US 1 which was developed in the 1940s and 50s and dumped water out to the river and has not yet been fixed. Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0 4 14 of 178 Regular City Council Meeting October 23, 2013 Page Five 13.154 B. Resolution No. R-1 3-33 - Preliminary Plat for Rohm Subdivision Known as Rohm Commercial Replat (QUASI-JUDICIAL) (Community Development Transmittal, R-13-33, Preliminary Plat, Staff Report, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION OF KNOWN AS ROHM COMMERCIAL REPLAT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 13.155 C. Resolution No. R-1 3 34 - Final Plat for Rohm Subdivision Known as Rohm Commercial Replat (QUASI-JUDICIAL) (Community Development Transmittal, R-13-34, Rohm Commercial Replat, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION OF KNOWN AS ROHM COMMERCIAL REPLAT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor McPartlan opened the public hearing at 7:08 pm and the City Attorney read both resolutions by title. No member of Council had ex -parte communications to disclose. The City Clerk swore in all those who intended to provide testimony. The Director of Community Development gave a brief presentation on the preliminary plat and final plat, and recommended approval. Joseph Schulke, Schulke, Bittle and Stoddard, said this is simply a paper plat approval with no construction, gave a brief history of the original plat to subdivide the land to two lots from one under the City's code requirements, and now the property will be divided into four lots, therefore, since there is no method in the Code to accomplish this, a preliminary replat of the property is required, as well as a replatted final plat. There were no questions from Council. Mayor McPartlan opened the floor for anyone in favor of the request and there were none. He then opened the floor for anyone opposing the request and there were none. The Community Development Director said all required notices had been sent out. MOTION by Ms. Coy and SECOND by Mr. Adams to approve Resolution No. R-13-33. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Wright Nays: None Passed: 5-0 MOTION by Ms. Coy and SECOND by Mr. Adams to approve Resolution No. R-13-34. Roll Call: Ayes: Coy, Hill, McPartlan, Wright, Adams Nays: None Passed: 5-0 10. UNFINISHED BUSINESS -None 5 15 of 178 Regular City Council Meeting October 23, 2013 Page Six 11. PUBLIC INPUT 13.156 A. Dan Dragonetti - Noise in Residential Districts (City Manager Transmittal, Ch 67 City Code, Email) Dan Dragonetti said he plays guitar at his home, has done so for years, and a neighbor recently filed a complaint against him for noise, and he was visited by the Sebastian Police who did not cite him because he had stopped playing by the time the officer arrived. He said he plays soft rock and it can barely be heard outside his home. He read from Code Chapter 67, and requested that Council needs to look again at the code and perhaps consider using decibel measurements, so that if you have a malevolent neighbor who complains, a measurement can be taken and it would be a more quantitative method to determine what noise is. Mr. Hill asked him if he had been cited and Mr. Dragonetti said he had not. Mr. Hill said the process worked. Mr. Dragonetti said he wanted a decibel number he can play to before he has to stop. Mr. Hill said if we had an ordinance with decibel levels, his neighbor would still call the police, and asked him how many complaints have been made against him. Mr. Dragonetti said the police were called once. Mr. McPartlan said the Police Department has two decibel readers, but Police Officers are directed by the current Code to use reasonable judgment. He said if this turns into a problem where he was being harassed we can look into it further but Mr. Dragonetti said himself that he was not cited. Ms. Coy suggested Mr. Dragonetti could discuss the issue of harassment with the Police Department. Mr. Hill said there has been no harassment. Richard Gillmor, Sebastian, said he believed Mr. Dragonetti has a point, that when the noise ordinance was passed, most of the noise issues were in the riverfront district. He suggested that while the reasonable judgment process works well in the riverfront, maybe decibel levels would be better in the residential districts. Mr. Gillmor said he appreciated Mr. Smithson's presentation and would love to see the City put in a couple of Kilroys in the area to see what has harmed the sea grasses. 12. NEW BUSINESS -None 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager updated Council on grants approved tonight for the Working Waterfront Fish House, with construction occurring by next spring or early summer, and the Presidential Streets project, which has a bid opening on November 13th and will come back to Council on December 11th for approval to award and begin construction. 15. CITY CLERK MATTERS The Clerk requested a volunteer for November to monitor County Commission meetings and Mr. Hill volunteered. 6 16 of 178 Regular City Council Meeting October 23, 2013 Page Seven 16. CITY COUNCIL MATTERS A. Mayor McPartlan Mayor McPartlan reported on the Walk a Mile in her Shoes event to benefit SafeSpace on October 27 at the Indian River Medical Center and said he would be walking. B. Vice Mayor Wright Mr. Wright reported there will be no early voting this year for the November election and urged people to get out and vote. C. Council Member Adams - None. D. Council Member Coy Ms. Coy said the previous swale contractor left a lot of vegetative debris in ditches and residents are complaining, and the City Manager has assured her that the new contractor is coming to clean it up. She said she went in and pulled out trash and debris and it is piled up in front of her house, asked the public to be patient, and asked the City Manager to see if he can speed up the cleanup process. The City Manager reported on the poor performance of our previous contractor, and said the new contractor is working on catching up. He said the City is divided into six target areas, four through six on the south of CR 512 and one through three on the north side. He said they started in sector four which was in the most disrepair and each section takes about two to three weeks. He said they should be caught up by the holidays, and if people put out debris in an effort to clean it up it will be picked up. He said people can call his office at 388 -8203. E. Council Member Hill -None 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 7:37 pm. Approved at the November 13, 2013 Regular Council Meeting. By. Attest. Sally A. Maio, MMC, City Clerk 7 17 of 178 Subject: Resolution R -13 -38 Approving Agenda No. -/3,077 Final Plat for Cross Creek Lake Estates Plat Three, being a replat of Tract L of Department Origin: Comm D� opment Cross Creek Lake Estates Plat One Comm Dev Direct City Attorney: Ap rov for Submittal by: City Manager City Clerk: Date Submitted: November 6, 2013 A r For Agenda of. November 13, 2013 Exhibits: Resolution R- 13 -38; Cross Creek Lake Estates Plat Three; Application; Area map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- -0- SUMMARY On May 8, 2013, City Council approved the final plat for Cross Creek Lake Estates Plat One and Plat Two. At that time, the entire subdivision consisting of approximately 115 acres was platted, including the entire road system, various tracts and drainage easements, 10 residential lots on Plat One and 30 residential lots on Plat Two. A number of tracts were identified as "reserved for future development ", and intended to be replatted at a later date. Cross Creek Lake Estates Plat One and Two, as well as all future replats, share a common homeowners' association and are subject to identical deed restrictions, a copy of which is on file in the Community Development Department. Cross Creek Lake Estates Plat Three has now been submitted for approval. This plat is a replat of Tract L of Cross Creek Lake Estates Plat One, and consists of 16 residential lots. Staff has verified that the final plat for Cross Creek Lake Estates Plat Three is in accordance with the preliminary plat. The final plat has been reviewed by David Jones, (consulting) City Surveyor, Frank Watanabe, (consulting) City Engineer, IRC Utility staff, IRC Property Appraiser Mapping Division staff, and Clerk of the Court recording staff. All have found the plat to be acceptable. RECOMMENDED ACTION Move to approve Resolution R -13 -38 approving the final plat for Cross Creek Lake Estates Plat Three. 18 of 178 RESOLUTION NO. R -13 -38 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES PLAT THREE, BEING A REPLAT OF TRACT L OF CROSS CREEK LAKE ESTATES PLAT ONE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Henry A. Fischer, on behalf of Cross Creek Lake Estates, Inc., has filed an application for approval of a final plat for a subdivision known as Cross Creek Lake Estates Plat Three, being a replat of Tract L of Cross Creek Lake Estates Plat One; and WHEREAS, the final plat complies with applicable State and City codes and regulations. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the final plat for Cross Creek Lake Estates Plat Three prepared by William B. Zentz bearing the revision date of November 5, 2013. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Vice Mayor Councilmember Councilmember Councilmember The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of November, 2013. 19 of 178 ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 0) CITY OF SEBASTIAN, FLORIDA am Mayor 20 of 178 CERTIFICATE OF TITLE STATE DF FLO D& COLNTY OF INDIAN RIVER L CARCE I TL CEL ESQUZE. OF TAE 1 [YAMS PL_ HOW CERTIFY THAT I HAVE CEME ED M MILE O M HEROD" BESCRBED PROPERTY, AD 1 FIND THAT M LANDS A$ OESERIEED AND SROM ON THIS PLAT ARE N THE HAMS OF. AD APPARENT RECORD TITLE IS HELD BY CROSS DIM EWE ESTATES NC. A FLORIDA CO WMTDIA AND THAT ALL TAXES HAVE BEEN PAD CH SAD PROPERh' AS REQmID DY SCDON 197.191 FLQaDA STATUTES AS AQNBED, AND THAT MORTGAGES LENS OR OTHER ENCUIWAAYCES ARE AS FOLDWS 1. MORTGAGE TD MARNE DANN AND TRUST RECORDED N QR BOOK 21M PAGE 907, DR. COOK 2313. PAGE ISM OA DOD( MT. PAGE 1573. O L BOOK 2363. PAGE 7351, OR BOO( 7359, PAGE 1161 AND DR BOOK 2632 PACE 7066. 2 COLLATERAL ASSIGMEFRT O LEASES. RENTS AND PRORTS RECORDED N O.R. BOO( 2174 PAGE 922. 3. LKc/FINANDINO STATEMENT RECORDED N OR. BOOK 2170. PACE 927, CONTINUATION RECORDED N O.R. BOOK 2112 PAGE 1051 1. DECLARATIONS 6 COTENANTS AND RESTRICTIONS ON LAND RECORDED N OJL BOOK 1719, PAGE 40M 5. CROSS ACCESS EA'3MENT RECORDED N QF BOCK 2571. PACE 1361. 6. JOINT DRAINAGE AND UTtUTY EASEMENT RECORDED N OR DOCK 2571. PACE 1331. 7. ACCESS AND USE AGREEMENT RECORDED IN OJL BOON 2571. PAGE 1371. 8. DECLARATIONS OF CONDITIONS COVENANTS. EASEMENTS AND RESTFOLiWNS RECORDED IN DR BOOK 2667TH PAGE 1261. ALL O M ABOVE NSTRUAI NTS RECORDED N THE KOX RECORDS OF MAN RIVER COUNTY. FLORIDA THIS SEARCH IS UP TO AND INCLUDING AAY 3, 2013. WARREN W 00-L ESO 22 DATE CERTIFICATE OF DEDICATION STATE OF FLORIDA [DAINTY OF INDIAN RIVEN, CITY OF SEBASTLM KNOW ALL MEN BY TIES PRESENTS, THAT CROW CREEK LANE ESTATES INC. A FLORIDA CORPORATOR, FEE SIMPLE OYMCR OF THE LAND DESMICCO AND PLATTED HEREIN AS CROSS GREEK LAKE ESTATES PUT TIRES. BEING N M CITY OF SEBASTAL INDIAN OVER COUNTS FLORIDA HAS CAUSED SAD LANDS TO BE SURVEYED AND PUTTED AS SIXIM HEREON AND DOES HEREBY ACKN07LMGE M DEDICATIONS AS SHORN ON CROSS CREEK MANE ESTATES PUT ONE AS RECORDED IN PLAT BOCK M PAGES TO THROUGH 73, PUBLIC RECORDS OF DO" NEVER EOLOWN. FLORIDA. AD DEDICATES AS FOLLOWS THE UTILITY EASEMENTS AS SIO'MI WERE PREVIOUSLY DEDICATED OF CROSS CIM LAS ESTATES PUT ONE. AS RECORDED IN RAT 900( 24 PACES TO DMIC H 73, PUBLIC RECORDS OF DOW RI\@ COJIM. FLORIDA IN PERPETUITY TO MOAN RIVER CONN. FLORIDA ADM CITY Or SEBASTIAN FDA M CON57RUCDOE NSTAILATOL MAINTENANCE AND OPERATION Of UTILITIES BY ANY UTILITY PROVIDER, '" COMPLIANCE WAIN SUCH ORDINANCES AND REGULATIONS AS MAY BE ADOPTED FROM TAM TO TINE BY THE BOARD O COUNTY COIWISSONTRS Or INDIAN OVER COOKY, FLORA AND THE CITY OF SEBASTIAN Ott C0. M UTILITY EASEMENTS AS SIOW ARE ALSO EASMENS FORM CONSTRUCTION, INSTALLATION. MAINTENANCE AND OPERATION O CABLE TELEM9ON SERVICES. PROVIDED, HOWEVER NO SKIN CONSTRUCTION. INSTALLATION. MAINTENANCE AND OPERATON O' CABLE TELEVISION SEANCES SHALL INTERFERE WITH M FACILITIES AND SERVICES OF AN ELECTRIC. TE'LDWNL GAS OR BIKER PUBLIC UTRNY, IN M EVENT A CABLE TEIEVI9ON COMPANY DAMAGES THE FACILITY OF A PUBLIC UTILITY. IT SHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES SUON' CONSTRUCTOR, INSTALLATION. MAINTENANCE AND OPERATION OF CABLE TELEVISION SERVICES SHALL OAPL7 WTH THE NATONAL ELECTRICAL SAFETY CODE AS ADOPTED BY M FLORIDA RELIC SERVICE CWLCS=K FRONT YARD UT M EASENENR ARE SUBJECT TOM RIGHT OF EACH LOT TO HAVE A DRIS£'WAY FOR INGRESS AND EGRESS AS APPROVED BY M TTY OF SEBASTIAN. THE UTILITY EASEMENTS OPICTM ON 7115 PLAT HAVE BEEN ACCEPTED BY RESOLUTION 2013 -043 Of TM BOND OF COUNTY COIUMS043M OF DOOR RIVER COUNTY AND RECORDED AT OrnCA. RECORD BOOK 2671 PACE 1852 PUBLIC RECORDS O INDIAN RIVER COUNTY. FIDROA . 2 DRAINAGE EASEMENTS DRAINAGE EASEMENTS AS SHOWN WERE PREVIOUSLY DEDICATED ON CROSS LEEK LAKE ESTATES PAT ORL AS REGORGED IN PUT DOCK 2S PACES 70 TaROUON 71 PUBLIC REDO= OF DOOR RIVER COP(I7. FLORIDA IN PE PETUIY TO CROSS ON= LAKE ESTATES HOE20015 ASSOCIATION. INC. FOR CORSRUC710N AND MAINTENANCE O DRANACE FACILITIES AS PART OF M STORMWATER MANAGEMENT SYSTEM M CITY OF SEBASTIAN IS GRANTED M Rl T TO USE AND DRAIN INTO M EASEMENTS AND ALSO OWNED M RIGHT. BUT NOT M OBLIGATION. TO PERFORM EUMCIENCY MAINTENANCE ON M EASEMENTS. S ST'ORMWATFR MAINTENANCE EASEMENTS STORUWATFR MAINTENANCE CASMONTS AS SHOWN WERE PREVIOUSLY DEDICATED ON CROSS ORES( LAKE ESTATES PAT ONE. AS RECORDED IN RAT BOOK 7A PACES 70 TROUGH 73, PUCK RECORD" O MOAN RIVER COUNTY. FLORIDA N PERPETUITY TO CROSS QFO( LAKE ESTATES HOW WNtAS ASSOCIATION, INC. TO PERFORII MAINTENANCE ON THE STORMWATFR TRACTS. M OTT OF SEBASTIAN IS GRANTED THE RKKN TO USE M EASEMENTS TO PERFORM EMERGENCY MAINTENANCE ON M TRACTS M MOAN RIVER COUNTY MOS01N0 CONTROL DISTRICT HAS M RIGHT OF ENTRY UPON THESE TRACTS FOR THE LURED PURPOSES CE INSPECTION. PAEVEF TION OR TREATMENT OF MOSOUITO DI ESMOI/S AS ALLOWED BY LAW. IN WITNESS TNEAEOF. M ABOVE NAMED CORPORA-ION HAS CAUSED TINES PRESENTS TO BE SOLD By HENRY A FIS0OFL PRMDDNT OF MOSS CREEK LAKE ESTATES INC. A FLORA CORPORAITOL BY AND WAIN M AITHWTY Or ITS BOAR OF DIRECTORS THIS DAY DF 2011 MTNESS VATHESS er. VERY A F1SCIfR, PRESIDENT PONT NAMF., PRINT NAME- ACKNOWLEDGMENT TO CERTIFICATE OF DEDICATION STATE OF FLORIDA. COUNTY OF INDIAN RIVER THE FOREGOING INSTRUMENT WAS ACKNDYALDGED BEFORE NE THIS _DAY OF 2013. BY HENRY A FMIUL PRESIDENT O CROSS CREEL LINE ESTATES INC. A FLORIDA CORPORATION. ON 904ALF OF M CORPORATION. HE IS PERSONALLY MOM TO ME NOTARY PUBLIC : CCMYDS90N N. : PONT NAME : EWRATION DATE cu3tx OF THE CITY O SEBASTIAN CITY SURVEYOR SURVEYOR ORMY COURT MATES RING 00000 A CROSS CREEK LAKE RAT O ESTATES PLAT THREE A.6LwYSiON N THE SMITH 1/2 O w N[RNRaT 1/4 O SECTION A TOIPSNO M 6WNA KAWQC D (. ST. N RQ 0R O SEBASRW. MOAN AiWI COUNTY. FLOMA 6114 A RMAT O TRACT 7'. CC= CCUX LVE ESTATES MT ONE M 11X0 N PAT N M PA= M CCCILM U1 CY TW; PI- IRm6S O WGAM. RNQ CWM. FI- DESCRIPTION A PARCEL OF LAND BEING A PORTION OF SOUTH 1/2 OF THE NORTHWEST 11 OF SECTION 30. TOYNSCP 31 SOUTH RANGE 39 EAST. MOAN RIVER COUNTY, FLORIDA, SAID PARCEL RENO TRACT V OF CROSS MM LANE ESTATES PLAT ONL AS RECORDED IN PUT BOON 26, PAGES 70 THROUGH 73, OF THE PUBLIC RECORDS a INDIAN RIVER COUNTY, FLORIDA SAID PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS - COMMENCING AT THE NORTIMST CORNER OF M SWTHH I%! OF M NORTHWEST 1//4 OF SAID SECTION J0. SAD POINT BENG THE KIORTEK 57 CORNER OF SAID CROSS CREEK LAKE ESTAT PUT ONE, PROCEED NORTH 69' A3' 26' EAST ALONG THE NORTH LINE OF SAID SOUTH 1/2 OF THE NORRTFWESi 1/1 AND NORTH PUT LINE A DISTANCE OF 1258.71 FER- THENCE SOUTH W 16' 34' EAST A DISTANCE OF 60.01 FEET TO A PANT ON M SOUTH MOOR -OF -WAY (R LIAR OF YUR311G 17RAA (BO F00T PIWVATE R SAD PORRT M PONT O OE.,NQ THENCE NORTH M U' M' EAST ALOIIC SCUD SOUTK R/W 4Z A OSI I SA00 FEET TOM PONT OF CJRVATLRE OF A DAM CONCAVE SOUTHWESTERLY, RAYING A RADARS O 7500 FEET. TIERCE SOUTHEASTERLY ALONG THE ARC O SAD C RVL TROVON A CENTRAL MIME OF W 0O' 00'. A DISTANCE 3917 FEET TOM POW OF OF TANG 7K SAD PONT Lrac ON THE VEST A IRE CIF RARING$ PAIR 5D MM1 PHnATE R/'Mk THENCE SOUTH ar 1S 3/' EAST ALONG SAID %EST A/W' ENE A OSTAONE ?37319 To THE SOUTHEAST COTES OF SAD TRACE V THENCE SOUTH 69' NT M' WEST ALONG M SOUTH IRE OF SAD TRACT V A DISTANCE OF 166.00 FEET TO A PORT ON ALINE DIVIDING SAD TRACT' AND TRACT 'A' O SAD PLAT CROSS T OF CREEK LANE ESTATES FLAT 04 ® M THENCE PROCEED FCLLOWNO EIGHT COURSES KONG SAID LINE O/IDING SAD TRACTS' AND 'A': NORTH ar 16' 34' WEST A DISTANCE O IM29 FEET TOM POINT OF CIRVAT6RE O A WIVE CONCAVE SOUTIMSRRLY, HAVING A RADIUS Or 50ID FEET. RNQOCE NORTHWESTERLY ALONG M ARC OF SAD CURVE 71HROH91 A CENTRAL ANGLE OF IT 00' 00'. A DISTANCE OF 78.5E FEET 70 M POINT O TANGENCY; THENCE SOUTH Sr 1S 26' WEST A DISTANCE OF TAM FEET TOM POINT O CURVATURE RF A CURVE CONCAVE SOUTHEASTERLY. HAVING A RADIUS OF 3000 FEET. THENCE SWTIMEST7.RLY ALONG M ARC O SAID CRRVL THROUGH A CENTRAL ANGLE Of BIT DO- Dr. A DISTANCE OF MU FEET TO M RT PO Or TANOTNCq THENCE ENCE SOU DO 16' 34' EAST A DISTANCE OF 251.07 FEET TOM PONT OF PONT Or TMCEMCT. THENCE NORTH 00' IT 34" WEST A DIS 1TDRE OF A GAVE CONCAVE 6ESTERLY. HAVDIC A RADUS OF M ARC OF SAID CRYL THROUGH A CENTRAL ANGLE Of = TRACT CURVE ( OF SAID REVERSE A ARC DISTANCE O 277.35 FEET TO A PONT O REAR SE CURN%Y RE WITH A CURIE COTCAVL NKRR/EASTLIET, HAVING A RADIUS OF 2500 FEET. THENCE NORTMERLY ALONG M ARC O SAID CRRVL THRO1Of A CENTRAL ANGLE O 51' 62' 556, A DISTANCE O 7261 FEET TO M PONS O TANG EICM THENCE NORM ar 16' 3s' 11CS7 A DISTANCE OF 377.33 FEET TO THE POINT O CURVATURE O' A CURVE CONDAVE SOUTIEASTERLTI HAVING A RADOS OF 2100 FRY. THENCE NORTHEASTERLY KONG M ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE Or 9O ar 00'. A DISTANCE OF 39.27 FEET TOM POINT G BROWNING SAO PARCEL CONTANS 0.31 AGES. MORE OR LESS CERTIFICATE OF SURVEYOR MOW ALL MEN BY TARES PRESNIS THAT M UNDERSIGNED. BEING A MAY LM= AND R EON7 LAND SXP VE7Gi. DOES HEREBY CERTIFY THAT ON APE 17. 2013 HE COMPLETED M SURVEY O" M MINDS AS SHOWN N M FOREGOING PLAT. NAT SAD PUT WAS PREPARED UNDER HIS DRECTDN AHD SUPERVISION AID THAT M PAT DOELES TIN ALL M "AMY REQUIREMENTS OF PMT 1. OUPTEA 177. FLORIDA STATUTES: THAT SAO PUT IS A CORRECT RIPR6E TATIO N OF M LANDS THEREIN OESOIIBFD AND RATTED OR S ODNC)ED. THAT PERMANENT REFERENCE WOA <KM PERMANENT CONTROL PORTS AID LOT CORNERS RAW BEEN SET AS SHOWN THEREON AS REQUIEM BY CHAPTER 177. FLORIDA STAUTES AND ARTICLE DK, "iBMN90N. LAND DEVELOPMENT CODE. CITY O EEBASMNt AND THAT SAID LAND IS LOCATED N M CITY OF SEDASIIM, NO N RIVER O M, FLORIDA -A WILLIAM B. ZENTZ. P.L PROFESSIONAL LAND SURVEYOR DATE REGISTRATION N. 3276, STATE OF FLORIDA WQ.0 Y a ZENR R ASSOCIATES. INC. - 601 OD 009 HIGHWAY VERO BEACK FL 32062 (772) 367 -7532 LB Nw 6510 CITY SURVEYOR'S CERTIFICATE THIS PUT O' CRO55 CREEK LAKE ESTATES PLAT THREE HAS BEEN REVIEWED BY THE UNDERSIGNED PROFESSIONAL SURVEYOR AND MAPPER EMPLOYED BY M CITY OF SEBASTAL WINO NEEDY CERT9YS THAT TEES PUT CONFORMS TOM REOIDEUENTS OF CHAPTER 177. FLORIDA STATUTES. DAVID M. JOES FLORIDA PROFESSIONAL LAND SURVEYDL CERTIFICATE Nw 3909 DATE- MARIE BANG EST TRUST 0 THIS IS TO CERTIFY THAT ON THIS PUT WAS APPROVED BY 78E CITY OF SEBASTIAN CITY COUNCIL AM M EASTMENTS DEDICATED ro M CNY'AS DOWN HEREON AND ON CROSS CREEK LANE ESTATES PLAT DIE. AS RECORDED IN RAT BOOK 20. PACES 70 THROUGH 73, OF THE PUBLIC RECORDS OF MOAN RIVER COUNTY, FLORIDA ARE ACCEPTED AND ACKNOWLEDGED. MAYOR CITY ENGINEER PRINT NAPE FRANK WATANABE. P.E, NEm- SONATTER CITY CLERK CITY ATTORNEY SALLY A MW ROBERT A GNSB RC (ATTEST TO MAYORS SIGNATURE) - CLERK'S CERTIFICATION STATE OF FLORIDA COUNTY OF DNMAN OVER L aDN OF CROW CUMT OF DOM OVER COGNTT. FLORIDA DO HEREBY CERTIFY THAT 1 HAVE ICKAIGHED TINS PUT OF CROSS CID]( LIDO= ESTATES RAT TWRO L AND THAT N COWLES WITH ALL THE REWJEMENTS OF CHAPTER 177 K'IHE LAWS O FLORIDA THIS RAT WAS RED FOR RECORD THIS--DAY O' R 2013,' -AND RECORDED ON PAGE OF AT DOCK- IN M OFFICE OF M CLERK OF M CIRCUIT COURT OF INDIAN RIVER COUNTY. FLORIDA JEFFREY R SMITH C7DO..O COURT BY: DATE . DEPUTY CLERK OF CIRCUIT COURT, MAN OVER MINTY. FLORIDA - MORTGAGEE'S CONSENT STATE OF FLORIDA COUNTY OF MAN OVER THE UNDERSIGNED HEREBY CERTFES THAT R IS M HOLDER O A MORTGAGE UPON M PROPERTY DESCRRD 1971M AND DOES HEREBY JUN N A O CONSENT TO THE DEDICATION OF M LAND DESCRIBED N SAID DEDICATION BY THE OHIA THEREOF AD AS DEDICATED ON CHAS CROCK LATE ESTATES PUT OE. AS RECORDED N PUT BOOK 26. PAGES A TAMIL H 73. O M PUBLIC RECORDS OF INDIAN RIVER CpAFLY, FL00DA AND AD= THAT ITS MORTGAGE LENS OR OTHER ENWORAIRES W6CN ARE RECORDED N OFFICIAL WCODS DOCK 2120, PAGE 909. CF DOM 231& PAGE IUS, QR BOOK 2357, PAGE 1673, 0Jt BOOK 2363, PACE 2351. OJL BOOK 2369. PACE 1161, OR BOOK 2637. PACE 2066,. CF BOOK 21M PACE 922 AND OF DOCK 2120. PAGE 927 NTH OONTMATION N OF BOO( 2512 PACE IOn OF M PUBLIC RECORDS OF MOAN OVER COUNTY. FLORIDA SHALL BE SUBORDINATED TOM DEDICATION SEMI HEREON AND ON CROW CREI( LAZE ESTATES RAT ONE. N WITNESS WHEREOF. M SAD BANK HAS CAUSED M PRESENTS TO BE SIGNED BY ITS AND ITS CORPORATE SAL TO BE AFFIXED HEREON BY AND WITH THE AUTCO TTY OF ITS BOARD OF DIRECTORS THIS DAY OF 2013. MARINE BANK AND TRUST COMPANY DY PRINT NAME M FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME TOS---.DAY OF 2013 BY O MARINE BRIO AND TRUST COMPANY ON BEHALF EF M BAKE HE IS PERSONALLY MOM TO ME OR HAS PRODUCED AS IDENTIFICATION. NOTARY PUBLIC : PONT NAME CONCUSSION H .: DMATION DATE NOTICES 1. THIS PAT. AS RECORDED N ITS GRAPHIC FOR IS M GAGA DEPICTION O M SLEDIVEED CORDS DESCtOED HEREN AND WILL N NO CRCUIMANCES BE SUPPLANTED N AUTHORITY BY MY OTHER GRAPHIC OR DIGITAL FORM OF M PUT. 2 INEE MAY BE ADMIIONAL RE S110CMNS THAT ARE NOT RECORDED ON THIS PUT THAT MAY BE FOUND N THE PURIM MCODS OF THIS COUNTY. S NO CONSTRUCTION, TREES OR SRRIM FILL BE PLACED N EASEMENTS WMW T C17Y O SEBASTIAN APPROVAL ti ROUTINE MANTENMCE (E.G. WOMB. ETC.) O EASERENTS 91ALL BEM RESPONSMSFY O THE LOT/PROPERTY DMNER(S) AND NOT M aTY OF SEBASTIAN. S PROPERTY OWNERS ARE PROVIT1ID PROM PLANTING ANT CAR98EM FTROT FLY AND CITRUS GREENING MOST RANTS AS SPEWED HEREON AND ARE REOUIR D TO REMOVE SAME IF MY COSTS CATTIEY GUAVA CMOKN GUAVA LOWAT. ROSE APPLE, SURINAM 00MY. OWESE BOO ORANGE AND ORANGE JASIWE 6, DECLARATION OF CONDITIONS. COTENANTS EASEENTS AND RESTMCII04 AFFECTING THE OMNERSNP OR USE O' M PROPERTY SHOW N THIS PUT ARE FlID N O71CIAL RECORDS BOOK 2663, PACE 1761. PUBLIC RECORDS OF DOMAIN RIVER COLNTY, FLORIDBL DATE OF PREPARATION: JULY, 10. 2013 21 of 178 BANDER S7. 0n1s. DOOET Nw THIS PLAT TI /S INSTRUMENT PREPARED DO ULLAV a ZENiZ PROES90NK.LNO SURVEYOR AM MRMAM B. DOUR d ASSOCIATES, IND. 661 OLD 00=EHICRWAY LOCATION SKETCH VERO BEAC>L FL (NOT TD SCJ,LE) LICENSED BUSOESS (LB) 06610 (T72) 507 -7552 CERTIFICATE OF APPROVAL AND ACCEPTANCE BY. CITY COUNCIL THIS IS TO CERTIFY THAT ON THIS PUT WAS APPROVED BY 78E CITY OF SEBASTIAN CITY COUNCIL AM M EASTMENTS DEDICATED ro M CNY'AS DOWN HEREON AND ON CROSS CREEK LANE ESTATES PLAT DIE. AS RECORDED IN RAT BOOK 20. PACES 70 THROUGH 73, OF THE PUBLIC RECORDS OF MOAN RIVER COUNTY, FLORIDA ARE ACCEPTED AND ACKNOWLEDGED. MAYOR CITY ENGINEER PRINT NAPE FRANK WATANABE. P.E, NEm- SONATTER CITY CLERK CITY ATTORNEY SALLY A MW ROBERT A GNSB RC (ATTEST TO MAYORS SIGNATURE) - CLERK'S CERTIFICATION STATE OF FLORIDA COUNTY OF DNMAN OVER L aDN OF CROW CUMT OF DOM OVER COGNTT. FLORIDA DO HEREBY CERTIFY THAT 1 HAVE ICKAIGHED TINS PUT OF CROSS CID]( LIDO= ESTATES RAT TWRO L AND THAT N COWLES WITH ALL THE REWJEMENTS OF CHAPTER 177 K'IHE LAWS O FLORIDA THIS RAT WAS RED FOR RECORD THIS--DAY O' R 2013,' -AND RECORDED ON PAGE OF AT DOCK- IN M OFFICE OF M CLERK OF M CIRCUIT COURT OF INDIAN RIVER COUNTY. FLORIDA JEFFREY R SMITH C7DO..O COURT BY: DATE . DEPUTY CLERK OF CIRCUIT COURT, MAN OVER MINTY. FLORIDA - MORTGAGEE'S CONSENT STATE OF FLORIDA COUNTY OF MAN OVER THE UNDERSIGNED HEREBY CERTFES THAT R IS M HOLDER O A MORTGAGE UPON M PROPERTY DESCRRD 1971M AND DOES HEREBY JUN N A O CONSENT TO THE DEDICATION OF M LAND DESCRIBED N SAID DEDICATION BY THE OHIA THEREOF AD AS DEDICATED ON CHAS CROCK LATE ESTATES PUT OE. AS RECORDED N PUT BOOK 26. PAGES A TAMIL H 73. O M PUBLIC RECORDS OF INDIAN RIVER CpAFLY, FL00DA AND AD= THAT ITS MORTGAGE LENS OR OTHER ENWORAIRES W6CN ARE RECORDED N OFFICIAL WCODS DOCK 2120, PAGE 909. CF DOM 231& PAGE IUS, QR BOOK 2357, PAGE 1673, 0Jt BOOK 2363, PACE 2351. OJL BOOK 2369. PACE 1161, OR BOOK 2637. PACE 2066,. CF BOOK 21M PACE 922 AND OF DOCK 2120. PAGE 927 NTH OONTMATION N OF BOO( 2512 PACE IOn OF M PUBLIC RECORDS OF MOAN OVER COUNTY. FLORIDA SHALL BE SUBORDINATED TOM DEDICATION SEMI HEREON AND ON CROW CREI( LAZE ESTATES RAT ONE. N WITNESS WHEREOF. M SAD BANK HAS CAUSED M PRESENTS TO BE SIGNED BY ITS AND ITS CORPORATE SAL TO BE AFFIXED HEREON BY AND WITH THE AUTCO TTY OF ITS BOARD OF DIRECTORS THIS DAY OF 2013. MARINE BANK AND TRUST COMPANY DY PRINT NAME M FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME TOS---.DAY OF 2013 BY O MARINE BRIO AND TRUST COMPANY ON BEHALF EF M BAKE HE IS PERSONALLY MOM TO ME OR HAS PRODUCED AS IDENTIFICATION. NOTARY PUBLIC : PONT NAME CONCUSSION H .: DMATION DATE NOTICES 1. THIS PAT. AS RECORDED N ITS GRAPHIC FOR IS M GAGA DEPICTION O M SLEDIVEED CORDS DESCtOED HEREN AND WILL N NO CRCUIMANCES BE SUPPLANTED N AUTHORITY BY MY OTHER GRAPHIC OR DIGITAL FORM OF M PUT. 2 INEE MAY BE ADMIIONAL RE S110CMNS THAT ARE NOT RECORDED ON THIS PUT THAT MAY BE FOUND N THE PURIM MCODS OF THIS COUNTY. S NO CONSTRUCTION, TREES OR SRRIM FILL BE PLACED N EASEMENTS WMW T C17Y O SEBASTIAN APPROVAL ti ROUTINE MANTENMCE (E.G. WOMB. ETC.) O EASERENTS 91ALL BEM RESPONSMSFY O THE LOT/PROPERTY DMNER(S) AND NOT M aTY OF SEBASTIAN. S PROPERTY OWNERS ARE PROVIT1ID PROM PLANTING ANT CAR98EM FTROT FLY AND CITRUS GREENING MOST RANTS AS SPEWED HEREON AND ARE REOUIR D TO REMOVE SAME IF MY COSTS CATTIEY GUAVA CMOKN GUAVA LOWAT. ROSE APPLE, SURINAM 00MY. OWESE BOO ORANGE AND ORANGE JASIWE 6, DECLARATION OF CONDITIONS. COTENANTS EASEENTS AND RESTMCII04 AFFECTING THE OMNERSNP OR USE O' M PROPERTY SHOW N THIS PUT ARE FlID N O71CIAL RECORDS BOOK 2663, PACE 1761. PUBLIC RECORDS OF DOMAIN RIVER COLNTY, FLORIDBL DATE OF PREPARATION: JULY, 10. 2013 21 of 178 NW 3RK3,Y Y7OC _ La CN 0 53.00 I ' �(A ,Ill<p, I N .r aLOON i LN3R35Y3 37NYNj1N n S $ p! r� Y 'm I STLSl M31V KLtIS ,DI Mill � ill a Y� ¢¢ oR � I ♦ e aj �16p N� I I ` M. 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Address: P.O. Box 780068; Sebastian, FL 32978 Phone Number: ( 772 ) 589 - 3159 FAX Number: ( 772 ) 589-7731 E -Mail: hfischer @wedigflorida.com Owner It different from applicant) Name: Same as Applicant Address: Phone Number. ( ) - FAX Number. ( ) E -Mail: Title of permit or action requested: Final Plat PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -112' BY 11 * COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Cross Creek Lake Estates Plat Three B. Site Information Address: 9045 70th Avenue Lot: Block: Unit: Subdivision: Indian River County Parcel #: 31- 39 -30- 00002 - 0000 - 00000.1 Zoning Classification: RS -10 Future Land Use: Residential Existing Use: Residential Proposed Use: Residential G. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets If necessary): Final plat for Cross Creek Lake Estates Block 2, Lots 7 -10 and Block 3, Lots 1 -12 portion (AKA "Plat Three "). DATE RECEIVED: 2!2 S! I -S FEE PAID: $ 500 RECEIVED BY: 9 23 of 178 Permit Applicalron No, D. Project Personnel: Agent: Cross Creek Lakes Estates Inc. Name: Mr. Henry (Hank) Fischer Address P.O. Box 780068; Sebastian, FL 32958 Phone Number. ( 772) 589 -3159 FAX Number, ( 772 ) 589 - 7731 E -Mail: hfischer @wedigflorida.com Attorney: Dill and Evans, P.L. Name: Mr. Warren Dill, esq. Address 1565 US Hwy. 1; Sebastian, FL 32958 Phone Number: (772 ) 589 - 1212 FAX Number. (772 ) 589 - 5212 E -Mail: wdilidelaw @bellsouth.net Engineer: MBV En ineerin Inc. Name: Mr. Aaron Bowles, P.E. Address 1835 20th Street; Vero Beach, FL 32960 Phone Number: ( 772) 569 - 0035 FAX Number: ( 772) 778 - 3617 E -Mail: aaronb @mbveng.com Surveyor: W. B. Zentz & Associates, Inc. Name: Mr. Bill Zentz, PSM Address 684 Old Dixie Hwy.; Vero Beach, FL 32960 Phone Number: ( ?72) 567 - 7552 FAX Number ( 772 ) 567-1751 E- snail: billz- wbz @comcast.net I, Henry (Hank) Fischer , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OIAINER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. �>✓ 1 NATURE DATE f— SWORN TO AND SUBSCRIBED BEFORE ME BY 1 0-1)f Ij , Y' y r- WHO IS PERSONALLY KNOWN TO-BE—OR PRODUCED AS IDENTIFICATION, THIS 17 DAY OF POD NOTARY'S SIGNATURE i. JESSICA HAWICNS PRINTED NAME OF NOTARY MY COMMISSION #EE003307 COMMISSION No. /EXPIRATION a EXPIRES: Ootober 2.2,2014 SEAL: yt R3P" Bonded Thru Notary Pub3o Underwrtters 24 of 178 Permit Application No. The following Is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. ME, X THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION. HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Planninq & Zoning BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MYIOUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE IME MAY HAVE, DUE TO THE QUASI - JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME!US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIEC, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. IGNATURE ++ D Sworn to and subscribed before me by Aoxq►'v who is .personally known to me or produced as identification, this /1 day of _ -(}}pm I�I_Or .20 1f�j. Notary's Signature Q� Printed Name of Notary {ar JESSECAHAWpNS Commission No./Expiration MYCQMMISSIONAEE003307 Seal: EXPIRES: October 22, 2014 ? ...... Bonded Thru Notary Public Underwrite rs APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. KNOWLE GMENT DATE 25 of 178 Ma Permit Application No. SEB�°►sT1ATv Supplemental Information WMEOFPEIKAktS AND Final Plat Approval ,X 1. The following information is required on all final plats: X a. Name of subdivision. X b. Title Block. X C. Legal Description. X d. Index Sheet. X e. The final plat shall comply with Chapter 177, Florida Statutes, and shall show all lengths of arcs together with central angles, radii, and points of curvature. X f. Scale. X g. North arrow on every sheet. Bearing or azimuth reference shall be clearly stated on the face or first page of the plat. h. The point of beginning shall be boldly shown. X I. All intersecting street right -of -ways shall be joined by the long cord of minimum radius of twenty -five feet and all dimensions shown. X j. All adjoining property shall be identified by a subdivision title, plat book and page or, if unplatted, the land shall be so designated. ,_ k. If the proposed plat borders upon any public water bodies, delineate the mean high water line. .2L_ I. Permanent reference markers shall be shown. X m. In the upper right hand corner, provide a three -inch by five -inch space to be used by the Clerk of the Circuit Court for recording information. X n. The plat shall be accurate within 0.01 foot and shall be tied accurately to all township, range, and section lines. X o. On the cover sheet or first page show a vicinity sketch. X p. Lots and blocks shall be numbered or lettered. .X q. The plat shall contain the name of each street shown. _2L r. All right -of -way and easement widths and dimensions shall be shown on the plat 26 of 178 Perm ItAppllcation No. _2L 2. Attached the following: X a. Six copies of the final plat. (Two sets must be sealed.) _2L b. Three sealed sets of as -built plans. 27 of 178 Indian River County. Florida Property Appraiser - Printer Friendly Map Print I Back Indian River County GIS Page 1 of 1 No selection made. 28 of 178 http ://www.ircpa.org/PrintMap.aspx 11/6/2013 Subject: Resolution R -13 -39 Approving Agenda No. 13.07% Final Plat for Cross Creek Lake Estates Plat Four, being a replat of Tracts R & S of Department Origin: Comm �gD eo Cross Creek Lake Estates Plat Two Comm Dev Director - City Attorney: A pro for Submittal by: City Manager City Clerk: a,� Date Submitted: November 6, 2013 1 r For Agenda of: November 13, 2013 Exhibits: Resolution R- 13 -39; Cross Creek Lake Estates Plat Four; Application; Area map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- -0- SUMMARY On May 8, 2013, City Council approved the final plat for Cross Creek Lake Estates Plat One and Plat Two. At that time, the entire subdivision consisting of approximately 115 acres was platted, including the entire road system, various tracts and drainage easements, 10 residential lots on Plat One and 30 residential lots on Plat Two. A number of tracts were identified as "reserved for future development ", and intended to be replatted at a later date. Cross Creek Lake Estates Plat One and Two, as well as all future replats, share a common homeowners' association and are subject to identical deed restrictions, a copy of which is on file in the Community Development Department. Cross Creek Lake Estates Plat Four has now been submitted for approval. This plat is a replat of Tracts R & S of Cross Creek Lake Estates Plat Two, and consists of 31 residential lots. Staff has verified that the final plat for Cross Creek Lake Estates Plat Four is in accordance with the preliminary plat. The final plat has been reviewed by David Jones, (consulting) City Surveyor, Frank Watanabe, (consulting) City Engineer, IRC Utility staff, IRC Property Appraiser Mapping Division staff, and Clerk of the Court recording staff. All have found the plat to be acceptable. RECOMMENDED ACTION Move to approve Resolution R -13 -39 approving the final plat for Cross Creek Lake Estates Plat Four. 29 of 178 RESOLUTION NO. R -13 -39 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES PLAT FOUR, BEING A REPLAT OF TRACTS R AND S OF CROSS CREEK LAKE ESTATES PLAT TWO; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ralph Campanelli, on behalf of Campanelli Development Corporation, Inc., has filed an application for approval of a final plat for a subdivision known as Cross Creek Lake Estates Plat Four, being a replat of Tracts R & S of Cross Creek Lake Estates Plat Two; and WHEREAS, the final plat complies with applicable State and City codes and regulations. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the final plat for Cross Creek Lake Estates Plat Four prepared by Steve Cartechine bearing the revision date of November 5, 2013. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Vice Mayor Councilmember Councilmember Councilmember The Mayor thereupon declared this Resolution duly passed and adopted this 13`h day of November, 2013. 30 of 178 /:410121319 Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 2 CITY OF SEBASTIAN, FLORIDA By: Mayor 31 of 178 CEATIVICATE Of ]TTLE IMMUMATDN MR ME TIUMO OF A SUDDIWOON IN ME OTT Of SEBASTIAN OR UNINCORPORATED IMAIAN MUIR COUNTY THIS IS TO CEATiR TMAT A SEARCH OF ME MIMIC RECORDS OF INOTAN MV[ A, COUNTY, ROWDA, ON ME IAN, DESCRIBED oRBW P[vEALS THE FOLLOWING INFORMATION: W AA "—IW MV LORNEMCORPORATON, INC., A RRMUUACOIPDRAnON NORTOAQ! N91VIR (MORE) [ITSRND LENS AND ENCPMD14NR3 1. ALL ]ACES wN K[M PAD AS S1.9 a RECORDED I IV.H), FLORIDA , STATUTES I. wwE 1 TO INIC RECORDS m EINDIA Nr RECORDED LN a DOOM in, M.G! III.O AT RECORDS m INDIAN RIVER OMIA COUNTY. FLORIDA. A, LIGHT 1 waRECT RECORDED - m WAY AGREEMENT TO F10RIW RECOR S OF EN RECORDED W 0.A DOOM SDf, MACE 3 %, M.TLIC REWRns m SUOLE RIVER COLARAT ON OF O L SU ,A TO 0OX ICOX 1 m, PAGE AND C MCORTMES 0M tAMD W CTA IN O.11 DOOR Vm, RAGE 9161, R1aLLC RECORDS m ITDHx NIVCACT TOC OSSACC S. GE I TO CROSS ACCESS OF MLNTA RZKOPLOTO COUNT CAL DOOM 3571. PAGE 1761,;ROUEMAORIS m RICETI AMR COUNTY, O.R. A 6 wDi[R TO ACCESS AND L $ F EMEM RECORDED , a, OAOM ]S]I. S"W E17I. NMK RECpRCa m IMAEAM DIVER MERIT, R, T)RIME, C.A. BO TOIAT.POIWMAGE U CRKO MOFIN LAA MYRA IN 0. eooN ?r i, RAG[ 1333, FUd.IC RECORDSm IOIAN RMRCOLWTY, f0./)WOA T103 SEMOC 6 V TO AND lINCI1IDIETG 14ACN 11. IDII. THIS CERTIFICATE LS MME MR ME PURPOSE OF FURNISHING TIE INFORMATION ACCO-OO FOR TN[ TILE m ra OF H P TER I . SUDDMSE FL M! W AND THE RCE wIM M OF ME CHIT m [Iw1EA ITORU IN TIC[ FIRMED INUIUMS AND THEUNTY TIES COME Cm. IT PAS AM OR UNINCORPORATED EXPRESSLY LY FOR ANRL COUNTY LAMA RIVELOAFT AS CODE. ET IN BUM t tn.Wl(E:EAND IT S N THE TO GE W E wNATY DODO A9 A MF O F QNnG iT1.YOTHE AND R 6 NOT TO m AWED LRw Art AMY atHtA wan ax P[ASLw Iaa A"TE mHw FLmPOSE. COLLINS, OWWM R CALDWELL, WRxETT S GMVAGLLA. CHARTERED m: IMPLA a IM c an aD1AN RIM pROTY, Ra00, Ctin4An OF DIDICAnmE IH WERIESS WMLR[m, THE SAID CORPORATION HAS CAUSED TIMM MARSEN 1510 OE SIGNW Dr Ifs wIM ra AUDOWTY m RS eoAAn OI DIA)QOa. nos WY m— 2913. CANEANEW DEVEL m CORPORATION, INC. A-- CORPORATION er: wrTN[SS:_ RAIMi CAMAAMAFJ. ARLSIDOR tPrVA AFRO) YYTMESS• (RbR HMO) CONNAIfM PnMCnONS, OA PISLWATTONS ATMCTIMG ME OWNERSHIP OR USE OF ME M PERTY SHOWN M Ml$ nNAt MT AU FILED IN OMCM UCFaD3 DOOR I) PAGE N0. Lm CROSS CREEK LAKE ESTATES PLAT FOUR MING A RENT Of RESERVED TRACTS R' KID'S' AND A PORTION Or YEARLLMG TRAIL OF CROSS CREEK LAMES PUT TVA, AS RECDFUMO IN PUT BOO( 26, PAGE 74 OF THE MaUC RECORDS OF INDIAN RIVER COUNTY, ROMDA, I LYING IN SECTION 70, TOw IP 31 SOUTH, RANGE 39 EAST, CETY Or SEOASTIAN, IMOLUT RNER COUNTY, FLO W a, 12GU DExF ENORTHEAST A PORntw m TIN SR M AN m TEE AM SO FEE 1!• IM SECTION 30. TOWNSHIP ]I SOUTH, RANGE ]9 EAST, EACCPELNG 1.CRLI'90I ra WESE s HMI, AND THE SCUM 50 Mn m ME SUe1ER mOPIXtY, ALSO G R AND EAQ➢i THAT PARER IM, WSMGM AS IN C.A. `SOON xA61, rAGL IOM. NMIC RECORDS m Ikaux RIVER COlIRL1', RatlOA 6EING MORE PARi{[LAALLr DESOOKa AS FOLl O1VS: CONNENCING AT TM! NORTHEAST CORNER OF THE SOUTHWEST 11I OF SAID SECTION m RUN 589'•9')6'w ALONG THE MORM LIE OF TEE NORTIHEAST U• m THE SOUTH —SSI 1/I IN SAID SECTION )0 A DISTANCE OF )3.00 MET M ME FROAMDLST CORNEA OF TRACT V OF CROSS CMIEK L E ESTATES FEAT TWO AS RECORUM IN MT BOON 26. PAGE )I OF THE -3UC RECORDS Of DUL AR;NEIL COUNT'. `LOAIaA: THTIICE 5W'UrWA ALONE MI EAST —I m SATs TRACT P, rNW.1el To — 73.00 MET WEST OF ME EAST LIME OF TEE SAID SanNINEST UI OF SECTION TO M MAPlPO1CIAAR N[ASUADRENi EPA A DISTANCE OF III& %FEET; THEM Me9`36'101V PARALLEL TO AND SO.CO Mn MONTH m THE SOUTH 1111E m TIE SAID —ZAST 1/4 m ra SaR1IW6T W OF S[CROM )O BE RAP[NDD]MR NFASUAEMEM Epi A DIMAMCE m T5a9] MET TO ME POW" m ecclmNG m ra MERE" DLSCIUDED FARM; FENCE CONTINUE Na9'S6'I O'w A DISTANCE m 1`S W an; THOKE IIWOOSO-W A OLSTAMM m IEsw I FEET TOME WD NORM LATE m ME MNORINlILST L• m THE SOMtwEST U• m SECTION W. TEIPR N V36'E ALONG SAID NORM LINE m THE NORTHEAST u• m ME SOUR w T 1/4 OF SECTION X A DISTANCE OF )ID.W FEET; MEN! • Q TE A OLSTN OF 913.66 MR TO TIE PdM m [UAYAIifAf m A C1DLN R;OTNCAN lO ME EASE. wV{MG A RADRNS m SaDD IE[T ANO A ANTRAL AETGLB m BE�ssEO': TMLNQ sanxtASTEUr At11NG sAln cuRVe scR AN ARC DSTAIQ m COAT r[zT To ra Ioa"r or 1ANG£NCY; TEPMCE SDT %'lPE A OIVANQ m T]111 FEET: TXtNNCE 500`OT501a A aLSTAMCE m 155.00 FE[T 19 ra NORTH AIIXE m WAr LIRA OF YEMLIMG TRA1: MFILQ N09'XT019 AI.OtIG wD NORIN RIGNIT m WAr RIME A O[SIAMR m x15.]0 ART, MOK! 500MS50'W A DISTANCE m Ia3.00 FETE 10 ra FOWL m BFGRMIINa WNTAD6lam ROLES NODE OA N MSc A MEFOaEG01MGINSTRUMENT WASACM"`0 - GDIIRR mTN13_CAIm mU, m RALPH GLMPAAELLI. PAMINN91', CMPAMiLLE 0lYODPIEM W NEON, INC. A FLORIDA COAPoRAn01N ON COHIF OEM* COMPANY. (W-) NOTARY FLOCK FERSOMKLY —_m FRoOucm- T-E OF IDIM1171CATIOM RROaKID: G AWLLJ D[VR W CORPORATION. EKG, ♦ na1DI4 CORPORATION Or: ID13 AAIME fJJCIA1ElLL RtESIDEM wRMESS: (NM,t IOTrN) MTTNESS: (TIM M•nN) ANO ACCEPTANCE BY M1515 TO CFDTIR T1Ut OM MLS MTwAS AIRWEO DT THE CIAO SmASTUVR, CTT COUNCIL ANa ME EASEMOCIS DE DICAM IO ME CITY WERE ACQPiED. MY,. OlY lMGiMf[R tRbR1 N+nwJ FRAFR WATANABE P.L KEEL.SCHAMA CE" CLEAR QTY ATTOAEn (ATTEST TO MAYORS SIGNAMAE) RE-- A aiNsEM G CETT'HIS M.ATOF C RRTIRCAn THIS MT FR CA SS9 (OEEA RVE ESTATE MT FODa 145 o¢M REVIEWCO (M'ra UNDERSIGNED RWIL551mAT MIS Fu%T ONF RMS, EM E REQUIR THE rs O m AT 1. LLN, WHO HL IEY CEATIRESTAT MIS )EYISMSTDND REOUfREMNTim FIAT 1. owTrn ]TI, RDRIW STATUTES AND SUmMS101NS APCO MmMq L]IAROt n) AMD ARTQE AA m TIE QR m 3[BASTIAM IAMD m RE L' YU Ix THE CA DetN cou pA D/r COol: AND THAT SAfO LAM015 IOCAIED T' SESASTUVI, IIOIARR Yn, FLORID, xOTQ: MO mILDINGS, CONSTRICTION, Ymu oA smAuu wILL m RAao tm FA5IMLMTS WiT110LR ra CTR m SEStSTWE AFPDOVAL MAWS CeFmncAnON STATE OF ROWDA, COUNT Of IN LAN TINED MOTTM AOUMWI ENAIMFNAITC'! Il.G. MOWENG7 m EASnLEMT35X41 K ML no ° _ °o,o Q9 �j � O O small P C0 . ao 1= o G L7 El 13 O AOTR: M IL REP OWNERS ADE NTSAISETED IRDM HEAROMG CARIDEEAN IRUR RY RIM ME GREEN INGY"IRAMSAS WAVA, OM/E01ANDAREAEGUIRED TO REMOVE ME SAME W WA, .ROSE ANY CHINE ANO ACCEPTANCE BY M1515 TO CFDTIR T1Ut OM MLS MTwAS AIRWEO DT THE CIAO SmASTUVR, CTT COUNCIL ANa ME EASEMOCIS DE DICAM IO ME CITY WERE ACQPiED. MY,. OlY lMGiMf[R tRbR1 N+nwJ FRAFR WATANABE P.L KEEL.SCHAMA CE" CLEAR QTY ATTOAEn (ATTEST TO MAYORS SIGNAMAE) RE-- A aiNsEM G CETT'HIS M.ATOF C RRTIRCAn THIS MT FR CA SS9 (OEEA RVE ESTATE MT FODa 145 o¢M REVIEWCO (M'ra UNDERSIGNED RWIL551mAT MIS Fu%T ONF RMS, EM E REQUIR THE rs O m AT 1. LLN, WHO HL IEY CEATIRESTAT MIS )EYISMSTDND REOUfREMNTim FIAT 1. owTrn ]TI, RDRIW STATUTES AND SUmMS101NS APCO MmMq L]IAROt n) AMD ARTQE AA m TIE QR m 3[BASTIAM IAMD m RE L' YU Ix THE CA DetN cou pA D/r COol: AND THAT SAfO LAM015 IOCAIED T' SESASTUVI, IIOIARR Yn, FLORID, xOTQ: MO mILDINGS, CONSTRICTION, Ymu oA smAuu wILL m RAao tm FA5IMLMTS WiT110LR ra CTR m SEStSTWE AFPDOVAL MAWS CeFmncAnON STATE OF ROWDA, COUNT Of IN LAN TINED MOTTM AOUMWI ENAIMFNAITC'! Il.G. MOWENG7 m EASnLEMT35X41 K ML 1.CLEMm CIRCUITY COURT OF INDIAN RIVER COUNTY. FLORIDA, DO HEA3BY CERTIFY THAT I wN [AAMINEA MIS MT m Caa53 [RfE% RARE ESTAtES MTFONNp, AMD iwT R COMPLIES WTM DAVID N. FORCES DA MUM MA PROMSSb1IAL UNa .—rlm CERTRWn 3%9 a[sPOa910LU1T OF THL 101 / PROPERTY OWNOR6) ANO Nor Me CRY m s£OaSTLN. ALL ME RlQI4REMEMT3 Or CHAPTER ITN Or ME LAYTS OE FLORID, TIM MT WAS TILED FAR RECORD MIS----DAY OF 201), AND RECORDED ON PAGE—OF MT ROOT - AOTR: M IL REP OWNERS ADE NTSAISETED IRDM HEAROMG CARIDEEAN IRUR RY RIM ME GREEN INGY"IRAMSAS WAVA, OM/E01ANDAREAEGUIRED TO REMOVE ME SAME W WA, .ROSE ANY CHINE IN THf mnQ OE M! CHRA m ME CIRCLET WUM 01 DIDIAn RIYEA COUNTY, ROIEID, /EFIRn SMTM. GLEAK m CODifr C[RRRCAn OF wRVlYOR APPLE, SURINAM CHERRY, CHINESE DOA ORANGl, ANO aIANGE SMIME. E E 00%O GI, AND JASMINE. Br: DATE MNOW NL NEM K MESS RIESEM; TI M THE I)MI UNDERSIGNED, m]MG A LICENSED AT OM AND WG�aJt�FL451OCO wRVnp0.AND WLFRa, CIREIR TINT OM 116MEA RGOOfDF�R OAAMCAOYL 4 EYE DERRY atM OT CRCUR CW aT, INDINfI COVER Ca1MM, ROIIIM ME COMPLETED THE sURVET 01 TE LAMOG Ai SINONN IN ME HE I AMANI IIIG OUT DAD MT Is A CORRECT FALSTNTATION OF ML' XM THEREIN 0RA'JLCMAGTRM IGAREENIDf ffl a DfD KAWANO HEL MAOaNAAgTW.CaOl SRIYIAMIFON ANTE OESCRIKD AND PLATTE OR wmMDID; THAT PERMANENT A J7MMCE MOMWIINTS wN OEENRACE D, EAC HP. CP., ALLLOTANDTRA CTCOAMMMWKFM6['(ISSHOWN M SwMAUn DihU64NVCamIK/PW tY 7K MEMO. AS ICED BT FAIT I, CHARF.A177,R -XA VANS ANU L'LT)DMSIOILS AND PLAmMG, CHAE'TCR Pl) AND MriME Rk m TIC QiT M aEM9TNAN WtD DMLDPMEM WIDE: AN O THAT SAID LAID IS LOCATED IN THE an OF SEDLSTYN, INDIAN RIVE. COUNTY, lMAf 4NKA0O14NLLALID1AlAM DN)ARlTOi WMPANE W DEVELOPMENT CR OF CLEAR O M ROW O, �DWORINAI— ADbRm (Y DM EOU+M TRIO WIrNMaR MRFAAm rv: PREPARED BT: C01")RATIOM, I MC SEWSnA11 QR[URCWRI CRY SiJRVEYOR SURV DATm / � REGls1MTMl Mq 969) � INDIf1NRIVER SURVEY INC. 'BE ET 0 0 0 A`�" VET PROFESSIONAL SUR VEYING AND ALIPPING wHMR CERTIFICATE m AUMaWRATION Na LB ISIS VATS OFFUNU l(1/ uvMRrUMArnR 4m: NN,mnl I833 20M STAErE. VERO BEACH. FLNUDA )x960 AxmTE t)7)) s09 -Rem FAx (nxl na -7617 PLAT BOOK PAGE DOCKET NO. SHEET _O 1 SECT --N- TRIP. _Z 5. RANGE MITIGATION . CNOM' ALL RN T RQS. IN[SENTS, Twl; .rmLl DevnvMRMr QAWORUTIOL IK.. A LAMBDA C OMSIO, ION. IM GFOH O A a M CROS 3 CR9 X AND MnTa rES P AS CROSS CRS[[ W(! lSTAII!3 PLAT JOUR COME IN M an or 5E6ASTAN, wN cAUSID sAm MMmS AMD AAHEYID AR a NUTTED AS SELDOM wAxax AND DDSs HtuDr —W AS mtars: 1) EE DAAAAm I--. WETHOM M ALNAU AOM AFE NDI M RES MIRE —m M —OF wtA ]) M TENT FOOT Wra6 nattK IJTMY eASamNn LOW, Kl(OM AM CfDXAnD b E(v )UMT, O M Qn a ae sTIAM ANO INDIA Rau CADMrr roR M caNSTUCT1Da umuunaM, x.DTTTMANCE.rm mERAtA]M m Rnx IlnErlu RNaIAtNG OiJT RNOt LIER[a TD rOTARH wATt1L aECTNEG TLIAMNaNi AI O SUCH 1nBNSroN soNnTa: rawlEm, VTOUNA NR`S EDON DOtEIAVG. RR'E-ASI L NAINIDIA SMALL ANDUTAE Mm CAME T8ENR. SONl01,AN O'C"A L wxM M EACR"TtYS AND s`,AMs a AN INTHE.TaIMNDME. us. D.OTNDI 0.;l[IJTTIITY. IN THE MMl A CADRE TIINRIONCOOANY DAMPGE.t M INm1T1M OF A MR, TNI')IRY, R ORALl K SPILT A"SSOLSOAB 101 M OVUta •) ra TrN PDOT wmE sROn.Mnu wvreMAMo IASHEOR SHOwA rrl7LON ES DmSAt[O A =70.7. ro CNm3 CtnR ON, ESTATES IRONSOWMERS AsSOOAMYL DIC MAT STOUNT,ATa MAIMEAEAFC AMO Aa[ss. •1 M ID 1001 WIDE DRALMAGE tAStMDNT SHDMw M4A0M IS DiDIGTD IN RWnOm TO EAaLS CAECA MR ESTATES NONEOWRAS As IATTMI m ION MTOaWATa WMRTAaTIOa O4TAWTI(YI. IAAIARifMAIH3 — A) M RMTTO gATW1 OF nN41MG —A, A NIT IWi WIDE —Tl Ntlfln OF WAY. SHALL A"IEILM am1WlLD RM WAFETWTYroBass INC FAR ESTATES I)IEO'IIIHA9 ASSOOAt1aM, K. Eq M THIS MO O. OM®RE ME AEIDFMS m TRILL SII6DEYIAO0. AND SHALL A M TER — ESTATES — OMMEW3 A M O EAOSS, I— lNi ESTATES NDNEDM UX" As50CM T .P INN AIL PEA6UC MAE, TIES, UNCIIDIrIG MT NOT IAOTTD ro �OUCt. TIRE, ANDI%MC, tNDIAN RINR DaANrr N05FL1TD OMA0. aISTAICT, MO YTII.tR rMM4AT S >MLL O'N AN ALA; TO TIRE ME V W ITS TT S. muASE m Om L R4.NAA6DRAtR NI Mw6 w NNTTAOII NYA W4AD OTNTIG TIfDS IAO N CI KT w MAY, NO MS A0M9AlY OUT, S 1R[fii 6) TR 1INIllTY EALSIANLIIT) DENTED OM 1NL3 MT wN KEN ACCRm M IIt50LLtDCN IDSYO•• m ME OVNTm AR0I (RiMNI5510N50 UNDLANAMA COIWR AND W COFtm IM OITCN FECDRIIf GOON EFTS, MACE ns9, MIMIC ucdm OF DoIAN NRVH mRRrR, rlwo, 32 of 178 8111,11 O Z m Y W fL CL 0 Dl- �Io aa� p3a� §�05�� 0 g ._- ¢ is �. 3 � X63• " R,"" � K°°` � 7001 AVVVUE y �. �'r,u �r ,e - 'r, r. K•,r4 .pW .�'xro �LT'li � V: a.- ��a °x° ...••rs- ._."'-w_ -- ..xry :g.1M_- _...R_nr - _p:s: -. wr:�,.r�:.. .v...v. ;�''d I �� I � '�� ._. -. -,ww;- ••,gg: •., row.' _, «x:._r.r 3 :e4— ;sagimunun •— rs. . —. -- •- -- •--- •- -- - - � as eta t a�i > �T. � K.• " •- d � � 1 � I I wir �°, •` t ts�� F _fl rr r. ... wao__ - .!1.•: _... -. a: 1:...._tt49... r �: ter.:; !�w tl4 .. �� r�k 4 I -IE. �•i .IIR�3� I ��o� UaTQnqng�• tl:: - qyE 8n OtqpF tlY - kill �lY OF B `^, l� Sa iF p�} ��tli. �3 ; q�:v i ' p�. OF O e= t ia N 4 iG mR. ia$ ' <I+ old Cry 3 Ui IN< k Iz - ;Fw roa roar ___. ar' mm' ar war is� ro x. a • Ra, @? I5 fl3. am- Ra ! �fl I ! I S_R t� 4 ' Sk�• A q _ _ � � h ! I s_ ff �wso�r rm < :r -(faip I� I I 8 L.--- .— .— .— _--- _ - - - - -_ — _— .------- _— _ - - -. —. -- i I !a I y I :R !6 HS4 I I� lk I Cee ape I -- -- -- •— •- -- -- -- ---- - -- -- -- Komi.; ia.0 ----- -- -- -- -- -- - -• -- -• - --- - - ---^- 33 of 178 oil 0 E2! 3k1_11, h: City of Sebastian Development Order Application Permit Application No,� Applicant if not owner, written authorization notarized from owner is required) Name: Mr. Ralph Campanelli - RC Management Corp. Address: 1 Campanelli Drive; Braintree, MA 02184 Phone Number: ( 781 ) 843 -8280 FAX Number. ( 781 ) 356 -6862 E -Mail: jdeflavis @campanelii.com Owner If different from applicant) Name: Same as Applicant - Address: Phone Number_ ( } - FAX Number. E -Mail: Title of permit or action requested: Final Plat PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS. DRAWINGS, ETC. SHALL BE ATTACHED AND S -1/2" BY 11° COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Cross Creek Lake Estates Plat Four B. Site Information Address, 9045 70th Avenue Lot: Block: Unit: Subdivision: Indian River County Parcel #: 30- 31 -39- 00002- 0000 - 00000.1 Zoning Classification: RS -10 Future Land Use: Residential Existing Use: Residential Proposed Use: Residential Detailed description of proposed activity and purpose of the requested permit or action (attach extra shdets if necessary.): Final plat for Cross Creek Lake Estates Block 8, Lots 1 -15 and Block 9, Lots 1 -16 portion (AKA "Plat Four"). DATE RECEIVED: /01. FEE PAID: $ 500 RECEIVED BY: C:Ct d 157 34 of 178 Permit Application No. D. Project Personnel: Agent: RC Management Coro. Name: Mr. Ralph Campanelli Address 1 Campanelli Drive; Braintree, MA 02184 Phone Number( 781 ) 843 - 8280 FAX Number. ( 781 ) 356 - 6862 E -Mail: jdeflavis @campanelli.com Attorney: Collins, Brown, Caldwell, Barkett & Garavaglia, Chartered Name: Mr. Bruce Barkett, esq. Address 756 Beachland Drive; Vero Beach, FL 32963 Phone Number: (772 ) 231 - 4343 FAX Number. ( 772 ) 234 - 5213 E -Mail: bbarkett @verolaw.com Engineer: MBV Engineering, Inc. Name: Mr. Aaron Bowles, P.E. Address 1835 20th Street; Vero Beach, FL 32960 Phone Number ( 772) 569-0035 FAX Number: ( 772 ) 778 - 3617 E Mall. aaronb @mbveng.com Surveyor Indian River Survey, Inc. Name: Mr. Steve Cartechine, LS Address 1835 20th Street; Vero Beach, FL 32960 Phone Number ( 772) 569 -7880 FAX Number. ( 772 ) 778 - 3617 E -Mail: stevec @indianriversurvey.com 1, Ralph Campanelli , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT'. X I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ,4 THE INFO ON, MAPS, DATA AND10R SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE" E Lair OF M gYVLEDGE AND BELIEF. ayp E DA SWORN TO AND SUBSCRIBED BEFORE ME BY &42` QZmQ21I2 //i WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS --j2 DAY OF NOTARY'S SIGNATURE PRINTED NAME of NOTARY COMMISSION NO./EXPIRATION SEAL JESSICAHAWIafS r MY COMMISSION9EE003307 EXPIRES: October 22, 2014 Bonded mru Notary public Ur4env bm 35 of 178 Permit Application No. The following Is required for all comprehensive plan amendments, zoning amendments (Including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. ME, X THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Planning & Zoning BOARDICOMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION wrrH MY10UR PENDING APPLICATION. ME HEREBY WAIVE ANY OBJECTION OR DEFENSE IlWE MAY HAVE, DUE TO THE QUASI - JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLA TED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS REIN IGNE:D BY MENUS VOWNTAMLY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISE 7E, EM PL AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. $IC;N Mit Sworn to and subscribed before me by �Qj, Qh &m1Qmo'lt who is person iy known to me Ir produced as Identification, this 12 day of Notary's Signature �! Printed Name of Notary Commission NoJExpiration Seal: .,fir JESSICAHAWIQNS + +r MY COMMISSION #EE 003307 `•., o EXPIRES: October 22, 2014 Bonded MIU Notary PUb&c Underwriters APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. -EED5 W 51N T ZATt 36 of 178 Permit Application No. §E8.,A TKN Supplemental Information MOVIRIMPw OWE OF PO MD Final Plat Approval 1. The following information is required on all final plats: _X_ a. Name of subdivision. X b. Title Block. X c. Legal Description. X d. Index Sheet. X e. The final plat shall comply with Chapter 177, Florida Statutes, and shall show all lengths of arcs together with central angles, radii, and points of curvature. X f. Scale. X g. North arrow on every sheet. Bearing or azimuth reference shall be clearly stated on the face or first page of the plat. h. The point of beginning shall be boldly shown. X i. All intersecting street right -of -ways shall be joined by the long cord of minimum radius of twenty -five feet and all dimensions shown. X j. All adjoining property shall be identified by a subdivision title, plat book and page or, if unplatted, the land shall be so designated. .x k. If the proposed plat borders upon any public water bodies, delineate the mean high water line. 1. Permanent reference markers shall be shown. X m. In the upper right hand comer, provide a three -inch by five -inch space to be used by the Clerk of the Circuit Court for recording information. n. The plat shall be accurate within 0.01 foot and shall be tied accurately to all township, range, and section lines. X o. On the cover sheet or first page show a vicinity sketch. _2L p. Lots and blocks shall be numbered or lettered. .X q. The plat shall contain the name of each street shown. X r. All right -of -way and easement widths and dimensions shall be shown on the plat 37 of 178 X 2. Attached the following: X a. Six copies of the final plat. (Two sets must be sealed.) X b. Three sealed sets of as -built plans. Permit Application No.T 38 of 178 Indian River County, Florida Property Appraiser - Printer Friendly Map Print a Back Indian River County CIS Page I of I NO -1elee Ii. on m�s�le. Hates http://www.ircpa.orJPrintMap.aspx 39 of 178 11/6/2013 ott tF HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Forfeiture Fund distributions Agenda No. g b 13-1&0 Department Origin: Police De Ap rove or Submittal by: City Manager Administrative Se City Attorney: 4-1-17 City Clerk: AiXd Yhinner Date Submitted: 11/04/13 For Agenda of: 11/13/13 Exhibits: DARE invoices EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $470.77- Creative Product REQUIRED: $592.56 Sourcing $121.79 Total Print -DARE products SUMMARY The Sebastian Police Department actively participates in the DARE program and request funds from the Law Enforcement Forfeiture Account to purchase items for our DARE Graduates. DARE (Drug Abuse Resistance Education) is a program we teach to all our 5t' grade students in preparing them for middle school. We teach them to resist drugs, alcohol, cigarettes and the peer pressure often leading them to this dangerous path. This program has been a huge national success and an even larger success locally. Attached are: invoices for the DARE memorabilia and certificates. Florida Statute 932.7055 (5) (b) requires the approval of the local governing body and a certification from the chief of police to expend these funds. RECOMMENDED ACTION Approve the expenditures of Forfeiture Funds in the amounts of $470.77 to Creative Product Sourcing, Inc.; and $121.79 to Total Print. 40 of 178 Creative Product Sourcing, Inc. - DARE 3130 Wilshire Blvd. #555 Santa Monica, CA 90403 Ph: (888) 811 -3273 Fx: (949) 348 -2690 Bill To City of Sebastian Police Department Ashley Penn 1201 Main Street Sebastian FL 32958 Ship To Invoice Date Invoice # 10!22/2013 66264 41 of 178 S.O. No. P.O. No. Terms Project 57999 Net 30 Item Description Order... Prev. Inv... Backor... Invoiced U/M Rate Amount TS51 -CA -S Vintage Daren Tee - Small 12 0 0 12 ea 6.25 75.00T TS51 -CA -M Vintage Daren Tee - Medium 36 0 0 36 ea 6.25 225.00T TS5I -CA -L Vintage Daren Tee - Large 10 0 0 10 ea 6.25 62.50T TS51 -CA -XL TS51- CA -X... Vintage Daren Tee - XL Vintage Daren Tee - XXL 5 1 0 ' 0 0 0 5 1 ea ea 6.25 7.75 31.25T 7.75T PA33 -CA DAREN Medallion 7 0 0 7 ea 3.70 25.90T PA04 -CA Round Lion Pin 1 0 0 1 PK 8.50 8.50T Packs of 10 Fed Ex Shipping & Handling 1 0 0 1 ea 34.87 34.87 FedEx Ground Tracking Number(s): 492024091828 Subtotal $470.77 Sales Tax (0.0 %) $0.00 Total $470.77 Payments /Credits $0.00 Balance Due $470.77 41 of 178 TOTAL PRINT, Inc. 1132 U.S. Highway 1 Sebastian, Florida 32958 E -Mail: printitnow@aol.com (772) 589 -9658 • (772) 589 -5024 (Fax) SOLD TO: City of Sebastian Police Department 1201 Main Street Sebastian, Florida 32958 Ashley 589 -5233 X -8573 'NvoicE No. 55054 Date 10/31/13 Customer P.O. No. PLEASE PAY FROM THIS INVOICE. Past due accounts are subject to late payment finance charges of 1.5% per month. (Annual Percentage Rate of 18 %). QTY DESCRIPTION AMOUNT 500 Dare Certificates , 8.5 x 11 Astroparche text #60 Color, printed 2 colors front in Red & 128.20 Black ink 2 Metal Plate 1 Black Ink 1 Standard Ink #185 Red i i t i- Customer Discount -6.41 I MOTES /REMARKS: I SUBTOTAL 12i .79 TAX ' SHIPPING GRAND TOTAL 121.79 1 i 42 of 178 Subject: Offsite Truck Purchase Submittal by: City Manager Exhibits: FSA Bid Award Agenda No. eE -13.1 Department Origin lic W Department Head: _ Finance Directo City Attorney: !;t' . Date Submitted: 10/30/13 For Ap,enda of: 11/13/13 EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: N/A 310151- 606400 -A1414 $31,556 $34,000 SUMMARY Stormwater department has selected a Ford 350 4x2 crew cab truck from the Florida Sheriff's Association State Contract number 13 -21 -0904. This truck will be used to replace an older Stormwater vehicle (SW -604). There will be other associated costs for a fuel tank, rack and warning lights to be purchased separately from this order. RECOMMENDED ACTION Move to authorize the purchase of (1) Ford 350 4x2 crew cab truck from Don Reid Ford under the Florida Sheriff's Association Contract number 13 -21 -0904, in the amount of $31,556. 43 of 178 PROPOSAL NAME: CITY OF SEBASTIAN DATE: OCTOBER 28, 2013 EMAIL: GSCHMIDT @CITYOFSEBASTIAN.ORG ATTN: 2014 FORD SUPER DUTY F -350 DRW 2WD CREW CAB 172" XL (W3C) $23,477.00 6.2L V -8 ENGINE AUTOMATIC OVERDRIVE TRANSMISSION AIR CONDITIONING AM /FM STEREO /CLOCK FULL SIZE SPARE VINYL SEATS 40/20/40 TRAILER TOW PACKAGE TRAILER HITCH ELECTRIC BRAKE CONTROLLER FRONT TOW HOOKS 3.73 LIMITED SLIP (X3L) POWER WINDOWS & LOCKS (90L) KNAPHEIDE 8FT UTILITY BODY MASTER LOCK TRAILER PACKAGE W /2' AND 2 5/6 BALL 3RD KEY TOTAL PER FSA CONTRACT# 13 -21 -0904 SPEC# 57 DELIVERY 75 - 90 DAYS ARO $ 349.00 $ 1,105.00 $ 5,795.00 $ 505.00 $ 100.00 $ 225.00 $31,556.00 We thank you for the opportunity to make this proposal and will appreciate your acceptance. Acceptance of this proposal will not be binding upon us until this proposal is approved hereonin writing by an official of Don Reid Ford, Inc. Return of one copy of this proposal and your purchase order number constitutes your official acceptance. PO# ACCEPTED: Respectfully submitted DON REID FORD, INC. BY: FLEET MANAGER 44 of 178 1 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 1 TON 4 -DOOR CREW CAB PICKUP TRUCK (DUAL REAR WHEEL) - 4X2 SPECIFICATION #57 2014 Ford F -350 SD (W3C) The Ford F -350 SD (W3C) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: * Western *Northern * Central * Southern BASE PRICE: $23,132.00 $23,132.00 $23,477.00 $23,534.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and /or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add /delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add /delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (I3 -21 -0904) 1015 45 of 178 Fk FLORIDA 'r COUNTIES All About rlorida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 1 TON 4 -DOOR CREW CAB PICKUP TRUCK (DUAL REAR WHEEL) - 4X2 SPECIFICATION #57 2014 Ford F -350 SD (W3C) The Ford F -350 SD (W3C) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: * Western *Northern * Central * Southern BASE PRICE: $23,132.00 $23,132.00 $23,477.00 $23,534.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and /or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add /delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add /delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (I3 -21 -0904) 1015 45 of 178 VEHICLE: F -350 SD (W3C) DEALER: Duval Ford Duval Ford Don Reid Ford, Inc. ZONE: *Western * Northern *Central BASE PRICE: $23,132.00 $23,132.00 $23,477.00 Order Code Delete Options L404 40 1 Short bed in lieu of long bed W3A 156 3 Includes 156 inch wheelbase and 6 3/4 foot bed. Requires W3A option below SRW Super CREW 6.5' bed only (not available in DRW). 3 66D Cargo box and rear bumper 66D 2 ncluded in body options, includes 5 I 66D 512 3 Factory Delete Cargo Box, bumper, and spare tire carrier. Spare fire shipped loose. (Dlr Remove Box & Bumper, leaves Frame Mouned Spare Tire Carrier $500, Single rear wheel delete $300) 3 58Y I AM/FM stereo radio M57 I Air conditioning 572 3 IF ORDERING VEHICLES WITHOUT A/C PAYMENT WILL BE REQUIRED UPON ORDER. "NON-REFUNDABLE-3 W3A ' Single rear wheels, 9,500 lbs. GV WR W3A 2 10000# GVWR This option includes AdvanceTrac® with RSCO (Roll Stabdily ControlTM) W3A 3 (SRW only) but does trot include boards and electric brake controller I Speck 8' or 6' bed 3 51X Full size spare tire and rim 51X 3 Order Code Add Options Alan Jay Ford Lincoln * Southern $23,534.00 Western & Northern Central Southern NCI NA $500.003 $200.00' $100.002 $200.003 $5.001 NA $10.00 $100.00 1 NA $200.003 NC $500.002 $200.003 $100.00 1 NA $25.003 Western & Northern Central Southern Please refer to Part E - Emergency Vehicle Lighting Specifications for lighthar descriptions and the awarded dealer pricing. 99T ' Engine upgrade - specify $8,300.001 $8,314.002 $8,314.003 99T 2 67L Potver Stroke® 4V Diesel V8 99T1 (B20)/TorgShift® 6 -Speed Auto. SelectShift O/D 99T 44W 3 6.7. DIESEL 2 6.7L 32 Valve Power Stroke V -8 Diesel w/ 6 -SPD Torqueshiift Automatic Trans. Includes dual lead acid 750CCA batteries 3 Engine upgrade - specify NA NA NA 98F I Bi -fuel model - specify $314.00 NA NA CNG /LPG GASEOUS ENGINE PREP PACKAGE (98F): Requires: - 6.2L Gas Engine (996) Includes: - Hardened Engine Intake Valves and Valve Seats - Bi -Fuel manifold. Ford F- 2501350 6.21 bi- juel /dedicated 15.7 gge system $11600 � 98F I CNG model - specify $314.00 NA $314.003 98F 3 CNG /LPG GASEOUS ENGINE PREP PACKAGE (98F): Requires: - 6.21. Gas Engine (996) Includes: - Hardened Engine Intake Valves and Valve Seats - Bi -Fuel manifold. Ford F- 2501350 6.21 bi- fuel/ dedicated 21.2 gge system $12600 I CNG /LPG GASEOUS ENGINE PREP PACKAGE ONLY (Not available with 99T 44W) 3 Bid Award Announcement (13 -21 -0904) 1016 46 of 178 DEALER: Duval Ford Duval Ford Don Reid Ford, Inc. Alan Jay Ford Lincoln ZQNE: * Western *Northern * Central * Southern BASE PRICE: $23,132.00 $23,132.00 $23,477.00 $23,534.00 98F.CNG CNG conversion (discuss with dealer) $12,600.001 NA $11,544.003 21.2GGE CNG 3 6.2 Gas Engine Only, Includes hardened Engine intake Valves and Valve Seats, Bi -Fuel manifold. Call for current configuration and options (sped) Bi -Fuel or Dedicated CNG system 21.2 gas gallon equivalent installed by Florida Company (Restrictions apply with different body configurations) "Requires Option 98F CNG /LPG Gaseous engine Prep Package**. 3 98F.LPG LPG conversion (discuss with dealer) $11,814.00 NA $12,177.003 25GGE 6.2 Gas Engine Only, Includes hardened Engine Intake Valves and Valve Seats. Bi -Fuel LPG 3 manifold. Call for current configuration and options I Bi -Fuel LPG system 25 gas gallon equivalent installed by Florida Company (Restrictions apply with different body configurations) "Requires Option 98FCNG /LPG Gaseous engine Prep Package * *. 3 67D t Alternator, extra HD $74.00 NA $74.003 67D 3 Extra Heavy -Duty Alternator — 200 Amp (required w 141 A Rapid -Heat Supplemental Heater, 473 Snow Plow Pkg. or 66S Upf tier Switches on XL and XLT w/6.7L Power Stroke® Diesel; NA w/67A Dual Alternators) I( 67A I Dual alternators $379.00' $379.002 $379.003 67A 2 Dual Alternators (req. 6.7L Power Stroke® Diesel engine; total of 357.4mp) 67A 3 DIESEL ONLY 2 SEIC Idle control Std NC Std Stationary Elevated Idle Control (SEIC) DIESEL NONLY 2 Stationary Elevated Idle Control 3 52B Electric brake controller Std' NC Std' 52B 3 Trailer Brake Controller (compatible w /select electric over hydraulic brakes; 7 & 4 -11'ay combo trailer taw socket and bracket deleted w/66D Pickup Box Delete; Std on DR IV). With single rear wheel option add $229. Also included with model upgrade package Add 5229.00 for SRW 3 EOTC Traction control Std' NA Std Engine Only Traction Control iv/ Trailer Sway Control and Hill Start Assist X3L I Limited slip differential $349.001 $349.002 $349.003 X3L 2 3.73 Ratio. On single rear wheel model use $389 (X3E E- locking) 4.30 Available on gas X3L 3 3:73 E- Locking Dii ferenial (Request X4L for 4:30 E- Locking) 3 W3C.623A Manufacturers model upgrade package (specify pkg. bid) $4,830.001 $4,834.002 $4,829.00' XLT 2 Exterior- Bumper —front & rear, chrome- Grille — chrome- Mirrors — Manual Telescoping 623A 3 irailerToiv Mirrors w /Power Heated Glass- Wheels — DRW argent wheels,SRW 17" cast aluminum Wbright hub covers /center ornaments - Windows — Rear, fixed, privacy glass interior - 1 -touch up and down driver and passenger ivindow- Air conditioning vents — black w/chrome ring - Single- CD/MP3 player & 4 speakers - Cruise control - Door -trim — soft armrest, grab handle, upper & lower map pockets & reflector -full carpel - Floor mats — carpet - Power equipment — driver tivindow, doorlocks & windows w /backlit .nvitches & accessory delay- Seats High- series cloth 40120140 split bench — under-seat storage, 2nd Row under -seat locking storage w/Powerpoint- Sun visors — Color - coordinated vinyl, single driver w /covered mirror, single passenger w/covered mirror SYNC® -- Three Button Message Control on Steering 137neel- Trailer Brake Controller Safery/Security- Remote Entry anti theft alarm XLT Includes: Chrome frt/rr bumpers,chrome grille, Manual telescoping pwr heated glass, 17" cast aluminum wheels, rear privacy glass, perimiter approach lighting, perimiter alarm, i touch upl&vn drvr pass pwr windows, power rear windows, 4way headrests, AWFM CD MP3 AUX audio input, Steering wheel controls, SYNC system w/ bluetooth streaming wireless, cruise control, uplevel door trim, carpet floors with mats, pwr locks, uplevel cloth 401201401v/ umderseat storage, 60140 split folding rear bench, (2) seat back storage pockets, rear center armrest, rear cup holder, compass, full overhead console, (4) 12V outlets, vanity mirrors, Remote Keyless Entry, antitheft alarm, trailer brake controller. 3 Bid Award Announcement (13 -21 -0904) I017 47 of 178 15A,it rxiut: $23,132.00 $23,132.00 $23,477.00 $23,534.00 XC2S Seat trim upgrade - specify $614.001 $314.002 $894.003 Is 2 Cloth High Back Bucket (Crew Cab XL) 2S XLT 3 Steel cloth luxury 401console/40 front seats 4 -way adjustable driver /passenger headrests, and 110V 1150ivatt inverter in console, required and only available with manufacturers upgrade package. (Dealer Installed Leather Trim $1297) 3 90L I Power windows /door locks 90L 2 POWER EQUIPMENT GROUP (90L) Availability: • Optional on XL - Standard on XLT and 90L 3 Lariat Not available ivith: • Air Conditioning Delete (572) Includes: • 1 -touch up and down window driver and passenger • Accessory delay • Manual Telescoping Trailer Tow Mirrors — power heated glass, heated convex spotter mirror & integrated clearance lamps/turn signals (54K) (XL & XLT only) • Perimeter Anti -Theft Alarm • Power front side - windows • Pmver locks • Power rear side - windows (Cretiv Cab) • PotverScope® Trailer Tow Mirrors — power telescoping, power-folding w /power heated glass, heated convex spotter mirror & integrated clearance lights/turn signals (Lariat only) • Remote keyless -entry • Upgraded door -trim panel on XL Deletes: • Passenger -side lock cylinder Options Available: • PowerScope® Trailer Tow mirrors (Power telescoping, power-folding w/power/heated glass, heated convex spotter mirror & integrated clearance lights/turn signals (54F) (XLT only) Includes rentote keyless, manual telescoping mirrors w /power heated glass. 3 525 1 Speed control /tilt steering wheel 525 2 Till is Standard. Included with model upgrade package and 96v xl value option 525 3 Included with .YLT up -grade 3 585 1 AM/FM radio with single CD 585 2 Premium Electronic AM/FMStereo iv/Single CD/MP3 Player /Clock(XL fleet onlj). Inchrded 585 3 with model upgrade package and 96v.61d option Includes MP3 Player and AUX audio input 3 included Carpet in lieu of rubber floor covering with XLT Included in Model upgrade package up -grade 3 16S I Floor mats 16S 2 Floor Mats, All -Wean /ter (NA iv/I66 Carpet Delete) (Deletes Carpeted Mats) . Dealer HD Mats WTF 3 $189, HD moldedJloor liner system 3 DT Deep tinted glass DTF 3 Rear fixed privacy glass included with model upgrade and 433 option. Option is for Deep Tint Window Film I Dealer Deep Tint Film (Add 549 for windshield strip) 3 Bid Award Announcement (13-21-0904) $1,104.00' $1,104.002 $894.003 $234.00 1 On -Star 39S I Satellite radio 39S 2 Requires model upgrade 39S 3 Req's Manufacturers upgrade package (Satellite Radio w/ 6 mos trial) 3 XLT.2S Bucket seats in lieu of bench seat 2S 2 With model upgrade Cloth Luxury Captains Chairs w / Console 2S 3 Steel cloth 401console 140 front seats with mini console. 3 AS 1 40/20/40 seat in vinyl AS Std AS $314.002 is 1 40/20/40 seat in cloth Is 2 Cloth 40120140 Split Bench - Crew Cab (XL Only) is 3 Cloth 40 / 10 / 40 split bench w/ center armrest, cupholder, and storage. 3 included Carpet in lieu of rubber floor covering with XLT Included in Model upgrade package up -grade 3 16S I Floor mats 16S 2 Floor Mats, All -Wean /ter (NA iv/I66 Carpet Delete) (Deletes Carpeted Mats) . Dealer HD Mats WTF 3 $189, HD moldedJloor liner system 3 DT Deep tinted glass DTF 3 Rear fixed privacy glass included with model upgrade and 433 option. Option is for Deep Tint Window Film I Dealer Deep Tint Film (Add 549 for windshield strip) 3 Bid Award Announcement (13-21-0904) $1,104.00' $1,104.002 $894.003 $234.00 1 $234.002 $234.003 $274.001 $274.002 $274.003 NA NA NA $194.00 1 $5,029.002 $194.003 $894.00' $614.002 $514.003 Std' Std Std $314.00 1 $314.002 $99.003 NA NA NA $74.00 1 $74.002 $199.003 $365.001 NA $279.003 I0I8 48 of 178 '- Vuvul 1 Ulu LFuval 1 -Ulu Vv4 1\Glu I -vlui 111D. Alall Jay t V1 lillWVal ZONE: * Western *Northern *Central * Southern ' BASE PRICE: $23,132.00 $23,132.00 $23,477.00 $23,534.00 433 1 Sliding rear window $124.001 $124.002 $124.003 433 2 Includes privacy tint on rear glass 433 3 Includes Privacy Glass on rear ivindow only 3 Side air bags Std Std Std SZG I Third key $40.001 $225.002 $140.003 3 K 2 PU 4 KEY LOCK SET, 014 FSD This option releases a jour key lockset for the F Super Duty XL 3 K 3 models without MD box delete, and power equipment group. Does nor include PATS or RKE (remote keyless entry). Does not have keyless entry keypad on driver side door. For the model upgrade package use $1 75 for remote fob key I Add $175.00 for additional Remote iv/Power Window Group 3 18B I Cab steps Std NC Std3 18B 2 DUAL WHEELS ONLY 2 18B 3 (included tivith DRW, ADD $319 for SRW) 3 LSL Left -hand pillar mounted 6" spotlight with clear halogen bulb, dealer $495.00 1 $495.002 $450.003 DLR 2 installed L SPOT 3 2SL Left & right -hand pillar mounted 6" spotlight with clear halogen bulb, dealer $796.001 $895.002 $750.003 DLR 2 installed LR SPOT 3 VV Vent visors - stick -on style $165.00 1 $225.002 $145.003 DLR 2 RS 3 RS Rainshields - flange style $165.001 $225.002 $145.003 DLR 2 RSF 3 BS Bug shield $169.001 $395.002 $205.003 395 2 BS 3 54D Trailer tow mirrors Std' Std Std WGG' WGG 2 WGG3 TBX I DLR 2 ATB 3 L404 40 85L I 85L 2 85L 3 Manual Telescoping Trailer Tow Mirrors (Power Heated Glass, heated convex spotter mirror & Integrated Clearance LampslTurn Signals) packaged with 90L. PowerScope Trailer Tow Mirrors (Power Telescoping, Power Fold iv/Power Heated Glass, Heated Convex Spotter Mirror & Integrated Clearance Lights/Turn Signals) requires model upgrade and $164 � Wrap- around grille guard $1,296.001 $1,695.002 $995.003 Add $300.00 for winch mount plate 3 Heavy duty aluminum tool box Dealer Provided HD Aluminum Diamond Plate Tool Box 14" Depth (ADD $5018" Depth TOOL BOX) 3 6' cargo box on crew cab Requires SRW W3A delete option (See delete option W3A - -156 for short box .SRW configuration) 3 Bedliner DEALER INSTALL 300.00 2 Plastic drop in bed liner (Dlr Installed OEM Bedliner $279) 3 Bid Award Announcement (13-21-0904) $385.00 1 $595.002 $419.003 NC I NA NA' $349.00 1 $349.002 $349.003 I0I9 49 of 178 W Western a Northern wC;enttal x Southern BASE PRICE: $23,132.00 $23,132.00 $23,477.00 $23,534.00 85S Spray -on bedliner for pick -up truck (Rhino, Line -X or approved equivalent) $474.001 $474.002 $474.003 85 S 2 Factory light duty use, for HD Liner spray liner dealer installed rise $550 1 85 S 3 DEALER INSTALL 425.00 2 Factory THIN spray -on -bed liner w1 plastic tailgate cover. (HD .Spray- on- Bedliner dealer installed $579.00) 3 LG15 1 DLR 2 LG15 3 l0KW 1 DLR 2 l0KW 3 TBM I RBM 2 TBM 3 N2 I DLR 2 N2 3 KK8 i DLR 2 ARE DCU 3 1,500 lb. lift gate 10,000 lb. winch with remote Requires WGG option I Requires WWG with tivinch mount plate. 3 All terrain tread tires LT245175Rxl7E BSW A1T (5), USE TCD jor SRW Model at $454 for LT265 OWL AT 17 1 LT245175RX17E BSIV A/T (5) 3 $3,150.001 $3,995.002 $3,523.003 $1,500.001 $3,495.002 $1,495.003 $124.001 $124.002 $124.003 Nitrogen filled tires including spare tire $226.001 $200.002 $89.003 Steel truck cap $3,896.001 $3,995.002 $2,373.003 Knapheide brand or equal, req long wheel base 1 Aluminum "A. R. E. 23 "high Deluxe Commercial Unit, includes: Clear Mitered Front Picture Window, Standard Full Length Side Access Doors, Rear Full Height Hatchback door with tinted radius window replacing factory tailgate. sub option: Full Length Side Mid Tool Boxes inside doors (specify configuration) $525 sub option 2: Roof Mid Deluxe HD Aluminum Ladder Rack with 2 cur supports $295 3 THD I Trailer towing package, to include heavy duty flashers, wiring for trailer plug $725.001 $124.002 $670.003 DLR 2 (7 prong round), and class IV frame mounted trailer hitch with 2" square CLVWC 3 removable receiver, 1 " shank with 2" ball. Does not include trailer tow mirrors. May be dealer installed. Replaces Factory (HD Class V Titan 2.5" Receiver, 7 Pin Wire Harness, Solid Steel Shank Drmr Bar. 2 & 5116" Ball, pin & Clip. 3 SBS I DLR 2 USOB3 8DKB 1 DLR 2 K696D54J 3 Spray -on bedliner for utility bod� Add $73 for rear bumper or drop doors For inside of utility body only, ADD $279 jor box tops and bumper 3 $745.001 $995.002 $695.003 Knapheide, Reading or approved equivalent utility body - specify $5,800.001 $5,795.002 $5,395.003 Knapheide Brand 56ca model 696d54'. Requires 31 v.31b. Includes 66D. For Masterlock option add $400. Flip Top lids add $700.00 Knapheide 8' DRW Painted Utility Body, (includes box and bumper credit) Body Upgrades -- Add $634 for Flip Top Lids, $298 for T- Handles. S379 for Dome Lights inside compartments, $394 for Master Locking System, $159 jor pair ofKnaplock padlocks keyed to Ford factory ignition key 3 8DRB I Manufacturer's standard service unibody, 14 gauge construction - specify. DLR 2 Requires trailer tow mirrors. May be dealer installed. (NOTE: If you are 961354V 3 ordering a service body, we are advising you to contact your awarded vendor.) Reading Brand 56ca model 98dnv, Requires 31 v.31 b. Includes 66D. For Masterlock option add $400. Flip Top lids add $700.00 1 OMAHA STANDARD 8' DRW HD body painted white. (includes box and bumper credit) Body Upgrades -- Add $793 jor flip top lids. $ 397 for LED compartment lighting, $394 for Master Locking system, and $487 jor T- handles. 3 Bid Award Announcement (I3 -2I -0904) $5,900.001 $5,795.002 $6,798.003 I020 50 of 178 GUIV t: * Western * Northern * Central BASE PRICE: $23,132.00 $23,132.00 $23,477.00 PC Powder coating for utility body DLR 2 Reading Brand only I U98ADW 3 Reading Classic I/ Powder Coated White 8' Utility body (includes box and bumper credit) Body Upgrades -- Add 5823 for• Flip Top Option. 8573 Lighted Compartment, 5893 for Master Locking System. Latchmatic Remote locking system 8973 -- 3 FTC Fiberglass tonneau cover (painted to match) DLR 2 For Roll n Lock or RETRAX bed cover option, rise 81396 FTC 3 Add 81338 for Bed Slider with Rubber Mat and 4" Sides 3 FCHT Fiberglass cab high topper with front, side and rear windows (painted to DLR 2 match) FCH 3 Add 5375 for side access windows in lieu of fixed 3 942 1 Daytime running lights 942 2 942 3 CS I DLR 2 HAR3 PRPU DLR 2 PRT 3 PRSB DLR 2 PRU 3 SLR' DLR 2 SSMLR 3 153 1 153 2 153 3 76C I 76C 2 76C 3 BUA DLR 2 BUA 3 76V 76V 2 76V 3 Immobilize daytime running lights Don't order 942 3 Cab shield headache rack (protects back of cab) Expanded metal cab shield (Add 8299 for strobe beacons mowited on each side of cab shield) Expanded metal cab shield (Add 5299 for strobe beacons mounted on each side of cab shield) 3 Pipe rack w /expanded metal basket over cab (for pickup bed) Pipe rack w /expended metal basket over cab (for utility body) Single ladder rack side mounted (specify street or curbside) For pick up track side mounted. For Service Body use $796 1 Single Side Mid Ladder Rack 3 Front license bracket (Factory ordered only, dealer provided S79) 3 Backup alarm, factory installed Backup alarm, dealer installed * Southern $23,534.00 $700.001 $600.002 $6,492.003 $1,495.001 $1,795.002 $1,495.003 $1,696.00 1 $1,995.002 $1,695.003 $44.00 1 $44.002 $44.003 Std NA NA $496.00 1 $1,695.002 $497.003 $1,496.001 $1,895.002 $1,790.003 $1,696.001 $1,995.002 $1,790.003 $646.00 1 $1,795.002 $738.003 NC I NC2 NC $124.001 $124.002 $124.003 $130.001 $124.002 $149.003 Backup camera with 3.5" LCD (rear mounted camera to provide wide angle $469.00 1 $469.002 $469.003 field of vision at rear of vehicle) - factory installed Rear View Camera (Electrochromic Mirror sv /video display on XU,rLT,' ; XLT req. 961 XLT Interior Pkg at $794 17V XLT Vahte Pkg. at $1344, or 17P XLT Premium Pkg at 52884.; NA w/66D Pick Up Box Delete or 557 Airbag Delete) Pkg contents available at duva yleel.com /reference. Dealer camera on Service body trucks at 5695 I Restrictions apply, contact dealer for configuration availability. 3 Bid Award Announcement (I3 -2I -0904) IO2I 51 of 178 VEHICLE: F -350 SD (W3C) DEALER: Duval Ford Duval Ford Don Reid Ford, Inc. Alan Jay Ford Lincoln ZONE: * Western * Northern *Central * Southern BASE PRICE: $23,132.00 $23,132.00 $23,477.00 $23,534.00 BUC I Backup camera with 3.5" LCD (rear mounted camera to provide wide angle $695.00 1 $469.002 $679.003 BUC 2 field of vision at rear of vehicle) - dealer installed BUC 3 Dealer Provided Rear Vision camera ivith day /night view, specify rear view mirror or dash mounted monitor 3 TF� Optional equipment - specify $1,856.00 $1,887.003 FUEL Tool and Fuel Combination Toolbox TOOL 3 Fuel & Tool Box Combo includes: L Shape Fuel Tank, Tool Box, Electric transfer pump, Hose, No:--le, and flow meter- - (ADD SAFE -T - Fire Extinguisher, First Aid Kit, Road Triangles $299) 3 96V.62D Optional equipment- specify $663.001 $1,632.003 RNL 3 XL VALUE PACKAGE (96V) Availability: • Optional on XL Includes: • AM/FM Stereo /Single- CD/MP3 Player /Clock w/4 speakers - Bright chrome hub covers and center ornaments (SRW Only) - Chrome front and rear step bumper - Cruise Control NOTE: Does not include rear bumper when ordered w166D Pickup Box Delete, Steering wheel controls (62D) Add $294 to this option for Sync Voice Activated Handsfree System Roll —N —Lock Tonneau Cover 3 WLB Optional equipment - specify $1,715.00 AID i Whelen Amber.Single Tier Lighlbar with .Switch. For Amber Corner Vertex add $525 JOTTO 3 Joito Computer Mount Stand (Add $299 for 700w inverter w (2) 110v outlets) 3 31 V.31 B Optional equipment - specify $260.00 WALB 3 Ship Through Qualified Vehicle Modifier, includes dealer prep. Reading is $543. Ship Through Qualified Vehicle Modifier, includes dealer prep. Reading is ($543) Additional Options: 2 Product (Oil Gear, motor, waste) Lube Skid with 50 ft Reels ($9550), Gas Air Compressor 30 Gallon 20 CFM ($3660), Slide in Dump Body Insert & Electric Hoist ($4900), TOP Side Aluminum Toolbox 96"($719) Top Side PU Contractor Box ivith Drawers 96"($896), 1500 Inverter ($566). 2000 Inverter ($606), 3000 Inverter ($706). Pick up Removable or Hidmvay Ball Gooseneck Hitch ($1250), 51h Wheel Insert ($975) V -Mac 70 CFM Compressor ($10995) I Whelen Amber LED Light bar ivitlt fri take downs, side alleys, & rear arrow stick feature. 3 LTS I Optional equipment - specify $695.00 PULSE 3 Havis Laptop Stand with Universal Locking tray, floor mount and mounting kit. Base Inverter add $4361 3rd Brake Light Safety Pulse "Rear Collision Avoidance" (Pulses 3rd Brake Light (4} times upon application of brake pedal to increase driver mvareness behind you when stopping) 33 Labor Labor rate per hour $115.001 $75.002 DLR 2 Includes EVT certified installation and Ql "Mconnpliance. Supplies, wiring harness and DDT 3 connectors included. I Dealer Domestic Truck 3 TEMP Temporary tag DLR 2 TEMP 3 TX I Transfer existing registration (must provide tag number) DLR 2 Includes nvo way overnight shipping for signature 3 TRANS3 TAG I New state tag (specify state, county, city, sheriff; etc.) DLR 2 Tag may be delayed by tag office and shipped separately. Overnight 2way shipping for neiv TAG 3 vehicle tags included i Includes nvo way overnight shipping for signature 3 $6.00 1 $35.002 $485.003 $1,995.003 $229.003 $95.003 $25.003 $90.00 1 $100.002 $123.603 $150.001 $200.002 $175.703 Bid Award Announcement (I3 -2I -0904) 1022 52 of 178 VEHICLE: F -350 SD (W3C) DEALER: Duval Ford Duval Ford Don Reid Ford, Inc ZONE: * Western *Northern * Central BASE PRICE: $23,132,00 $23,132.00 $23,477.00 MP575 I Maintenance Plan - specify $1,835.00 BMP345 3 5 Year 75,000 mile Premium Maintenance Plan. 15 service visits at 5000 mile intervals for vehicles with Gas Engine, zero deductible. With Diesel pickup rise $3615. For Chassis Cab & Cutmvay vehicles use 52195 with Diesel use $3465. Excludes Police, Fire. Emergency rise vehicles. Prices quoted per FordMoCo Florida Retail ESP October 2013 Pricing Guide l 3 yr 45, 000 mile(7500 mile interval/, includes a total of (6) visits) (ADD $635 for diesel). 3 MP675 I Maintenance Plan - specify $1,875.00' BNM345 3 6 Year 75.000 mile Premium GAS Maintenance Plan. 15 service visits at 5000 mile intervals for vehicles with Gas Engine, zero deductible. For GAS Chassis Cab {vehicles use $1145. 6 Year 75,000 mile Premium Maintenance Plan. 15 ?? ?Maintenance plan visits at 5000 mile intervals for vehicles with Diesel Engine, zero deductible is $3650. For Diesel Chassis Cab & Cmmvay vehicles use $3520. Prices quoted per FordMoCo Florida Retail ESP October 2013 Pricing Guide 5yr 75,000 mile(7500 mile intervall, includes a total of (10) visits)(ADD $825 for diesel). 3 MPG 10 1 Maintenance Plan - specify $2,365,00' BMP6100 3 6 Year /00, 000 mile Prenriunr Maintenance Plan. 20 Maintenance plan visits at 5000 mile intervals for vehicles with Gas Engine, zero deductible. With Diesel pickup use $4145. For Chassis Cab & Cutmvay vehicles use $2800, with Diesel use $4435. Excludes Police, Fire, Emergency rise vehicles. Prices quoted per FordMoCo Florida Retail ESP October 2013 Pricing Guide i 6 yr 100,000 mile(7500 mile imervall, includes a total of (13) visits)(ADD 5815 for diesel). s EGB575 Warranty - specify ESP 2 5 Yr 75, 000 mile zero deductible BASECare plan, (Fire and Emergency rise add $605 EC575 3 surcharge). 5 Yr 100,000 mile zero deductible use $1195. With bed delete or cutmvay 5yr 100000 mile zero deductible 4000hr is $3115: (w/ chassis for Fire EMS use add S755). Complete pricing schedule available upon request. Prices quoted per FordMoCo Florida Retail ESP October 1013 Pricing Gurdel POWERTRAiN CARE 5175 0 DED 2 Extra Care 5 yr 75k mile ($0 Ded)(ADD $555 for frrelemergency rise). 3 EGE575 Warranty - specify ESP 2 Warranty - specify 5 Yr 75,000 mile zero deductible EXTRACare plan (Fire and Emergency use PC575 3 add 5555 surcharge). 5 Yr 100, 000 mile zero deductible rise 51680. With bed delete or cutmvay 5yr 100000 mile zero deductible 4000 hr is $3655: (w1 chassis for Fire EMS use add $755). Complete pricing schedule available upon request. Prices gttoted per FordMoCo Florida Retail ESP October 2013 Pricing Guide/ BASE CARE 5175 0 DED 2 PC575 3 EGP575 Warranty - specify ESP 2 5 Yr 75, 000 mile zero deductible PREMIUMCare plat (Fire and Emergency use add $505 PC6100 3 surcharge). 5 Yr 100, 000 mile zero deductible use $3350. With bed delete or cutmvay 5yr 100000 mile zero deductible 4000 hr is $4140: (w1 chassis for Fire EMS use add $755).. Complete pricing schedule available upon request. Prices quoted per FordMoCo Florida Retail ESP October 2013 Pricing Guide EXTRA CARE 5175 0 DED 2 Premium Care 6 yr 100k mile ($0 Ded)(ADD $555 fa• frrelemergency Ilse). 3 Alan Jay Ford Lincoln * Southern $23,534.00 $385.003 $645.003 $885.003 $1,590.00' $1,305.002 $1,865.003 $1,865.001 $1,590.002 $2,430.003 $2,430.00' $1,865.002 $3,465.003 FDB575 Diesel Warranty - specify $1,690.001 $1,390.002 $1,985.003 ESP 2 5 Yr 75, 000 mile zero deductible BASECare plan (Fire and Emergency rise add $605 EC575 3 surcharge). 5 Yr 100, 000 mile zero deductible rise $1350. With bed delete or cutmvay Syr 100000 mile zero deductible 4000 hr is $3950: (w/ chassis for Fire EMS rue add $755). Complete pricing schedule available upon request. Prices quoted per FordMoCo Florida Retail ESP October 1013 Pricing Guide/ POWERTRAiN CARE 5175 0 DED 2 Diesel Extra Care 5 yr 75k mile ($0 Ded) (ADD 5555 for frrelemergency rise). Bid Award Announcement (13 -21 -0904) I023 53 of 178 Lj VEHICLE: F -350 SD (W3C) DEALER: Duval Ford Duval Ford Don Reid Ford, Inc. Alan Jay Ford Lincoln ZONE: *Western * Northern * Central * Southern BASE PRICE: $23,132.00 $23,132.00 $23,477.00 $23,534.00 FDE575 Diesel Warranty - specify $1,985.001 $1,690.002 $2,600.003 ESP 2 5 Yr 75, 000 mile zero deductible EXTRACare plan (Fire and Emergency use add $555 PC575 3 surcharge). 5 Yr 100,000 mile zero deductible use $1875. With bed delete or cutmvay 5yr 100000 mile zero deductible 4000 hr is $4525: (iv/ chassis for Fire EMS use add $755). Complete pricing schedule available upon request. Prices quoted per FordMoCo Florida Retail ESP October 2013 Pricing Guidel BASE CARE 5175 0 DED 2 Diesel Premium Care 5 yr 75k mile ($0 Ded)(ADD $555 for firelemergency use). 3 FDP575 Diesel Warranty - specify $2,600.001 $1,985.002 $3,590.003 ESP 2 5 Yr 75,000 mile zero deductible PREMIUMCare plan. 5 Yr 100,000 mile zero deductible use PC61 UU 3 $3460. (Fire and Emergency use add $505 surcharge). With bed delete or cutmvay Syr 100000 mile zero deductible 4000 hr is $5215: (tiv1 chassis for Fire EMS use add $755). Complete pricing schedule available upon request. Prices quoted per FordMoCo Florida Retail ESP October 1013 Pricing Guide EXTRA CRE 5175 0 DED 2 Diesel Premium Care 6 yr 100k mile ($0 Ded) (ADD $555 for fire%mergency use). 3 Bid Award Announcement (13 -21 -0904) 1024 54 of 178 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Offsite Auto Purchase Agenda No. 4 /3. Aa2- Aqrovej for Submittal by: Department Origi :Police Dept. Department Head: Finance Director: City Attorney: A e A Minner, City Manager City Clerk: Date Submitted: 11/05/2013 For Agenda of: 11/13/2013 Exhibits: FSA Bid Award EXPENDITURE REQUIRED: AMOUNT BUDGETED: Funding Source: $104,841 $135,000 310151- 606400 -4T 1413 SUMMARY The police department has selected Chevrolet Caprice Police Package vehicles for our patrol fleet from the Florida Sheriff's Association State Contract number 13 -21 -0904. These vehicles will be used to replace (1) older patrol vehicle (unit 4) and (2) totaled vehicles (units 65 and 17). There will be other associated costs for Graphics, video systems, radio installation etc purchased separately from this order. RECOMMENDED ACTION Move to authorize the purchase of (3) Chevrolet Caprice Police Package vehicles from Alan Jay Fleet Sales under the Florida Sheriff's Association State Contract number 13 -21 -0904 in the amount of $104,841. 55 of 178 Attention: Greg Schmidt Agency: City of Sebastian Phone #: 772- 713 -5252 Fax #: Page(s): 1/1 VEHICLE CONTRACT QUOTE Florida Sheriffs' Assn Bid 13 -21 -0904 GSchmidt(ZDcitvofsebastian.oro Date : 10/31113 revised Spec Item: 1 Central Reaion Option Code Description Unit Price 1 EW19 / 9C1 2014 Model Chevrolet Caprice Police Package $ 26,695.00 3.7L V6 eng(flex- fuel).; 6 speed Auto Trans.; A /C; AM -FM /CD radio; Cloth front bucket seats (power driver's side); Rear vinyl bench; Cruise control; Power steering; Daytime running Iights;Vinyl floor; 4 wheel disc ABS; Power windows & locks; 700 cca battery; 170 -amp alternator w idle boost;; Full size spare; 18 "x8" steel wheels;LH spotlight; P235/550R18 Goodyear W speed rated tires(4): Hub caps; Ignition control trunk release; Keyless entry w/ remote start Pik L77 6.OL V8 engine w/ limited slip differential NC 7Y6 Courtesy lamp disabled $ 24.00 BDRWN Door blanks & rear window barriers (Inclds 615 & 6N6) $ 610.00 6N5 Rear windows inop INCLD 6N6 Rear door locks & handles inop INCLD VS Rainshields (front stick -on only available at this time) $ 65.00 MAG Rechargeable mag light $ 159.00 WPLB 1Tier Whelen Liberty Premium All LED Lightbar pkg (F8FSA1) $ 2,925.00 ' Two Wire Controlled Traffic Advisor,(2) LED Flashingfrakedown Lights, (2) LED Flashing /Alley Lights, mounting kit, 295SLSA6 Combination Light/Siren Controller, Siren Speaker & brackets WGRL Grille LEDs red /blue $ 360.00 WRDL Rear deck LED rear waming lights (red /blue) $ 310.00 4CRNR 4 corner colored LED $ 495.00 PG6000 ProGard prisoner seat $ 696.00 P2600 ProGard P2600 Lexan cage (add $85 for recessed panel) $ 845.00 PB400 Selina push bumper $ 475.00 CVS1800 Havis Caprice 1 18" console upgrade $ 245.00 COMP Universal laptop tray;swing arm & post $ 555.00 CARM Console armrest & dual cupholders $ 114.00 CLITE Goose neck USB flex light $ 35.00 3DC Console mounted 3 power outlets $ 45.00 K4S Auxiliary battery $ 294.00 Options Tot $ 8,252.00 Total Unit Quote:$ 34,947.00 Comments: ' basic center console included in WPLB pricing Quoted By: Phone # Office # E -mail : 56 of 178 a, FAC FLORIDA "i�1: 1 ,.. ' COUNTIES Ali About Florida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES CHEVROLET CAPRICE FULL SIZE POLICE RATED SEDAN - RWD SPECIFICATION #1 2014 Chevrolet Caprice (1EW19 /1SB /PPV) The Chevrolet Caprice (I EW 19 /1 SB/PPV) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: *Western *Northern *Central * Southern BASE PRICE: $26,800.00 $26,720.00 $26,695.00 $26,715.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add /delete options,which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and /or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add /delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add /delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (13-21-0904) 85 57 of 178 VEHICLE: Caprice (1 EW 19/1 SB/PPV) DEALER: Stingray Chevrolet Stingray Chevrolet Stingray Chevrolet Stingray Chevrolet ZONE: * Western *Northern *Central *Southern BASE PRICE: $26,800.00 $26,720.00 $26,695.00 $26,715.00 Order Code Delete Options HIT Cloth rear seat in lieu of vinyl NC1 Front door body side molding 6C7 -D 5" round dome lamp 7X6 -D Driver's Side (Left Hand) Spotlight $324.00 Front License Bracket SG8 -D Space saver spare tire in lieu of full size spare tire Order Code Add Options All Zones $63.001 NA $25.001 $50.001 NA $120.001 All Zones Please refer to Part E - Emergency Vehicle Lighting Specifications for lighthar descriptions and the awarded dealer pricing. L77 V8 engine NC1 60L V8 flex fuel w1 active fuel mgmnt, lidslipdiff,355hp 1 KZBM Priority start/battery saver $324.00 KerrlGMhigh current timer(MAX 200) amp programmable 15 min to 16 hrs & will shut offall equipment hooked into it; PSBS dealer install $224 1 G80 Limited slip differential $194.00 K5S Auxiliary battery $249.00 700cca 1 7X7 Left & right -hand pillar mounted 6" spotlight with clear halogen bulb, factory installed $359.001 inchrdes credit for STD LH spot (7X6); add 5559 for dual LED Par TREM 1 Tremco anti -theft - foot activated, dealer installed $197.001 KA7S- Kerr /GMapproved anti theft system $395 1 SSTP 1 SafeStop vehicle anti -theft - key activated or emergency lights activated, plug -& -play for most Ford $207.001 and Chevy fleet vehicles, dealer installed in 20 minutes or less MAG Rechargeable mag light $159.001 6B7/6J5 1 Roof wiring with hole $194.001 specify 6B7 on centerline or 6J5 on passenger side 1 Roof wiring without hole NA KWIRE -LED 1 Accessory feed wires for police equipment $288.001 basic LED wiring w/ terminated ends for mirror, Bpillar & rear deck or cargo area, & left blumt cut in deck or cargo area 1 RBUCK 1 Ready Buckle Prisoner Restraint Seat Belt System $78.001 requires Laguna prisoner seat selection DCCG 1 Comfort and convenience group $238.001 inclds DR9 heated mirrors + B34 carpet mats w /cloth seats & carpet + K010 underhood lamp 1 Street appearance group NA W2P 1 Full wheel covers $39.00 NFILL 1 Nitrogen filled tires including spare tire $60.001 Bid Award Announcement (I3 -2I -0904) 86 58 of 178 VEHICLE: Caprice (I EW 19/ 1 SB /PPV) DEALER: Stingray Chevrolet Stingray Chevrolet Stingray Chevrolet Stingray Chevrolet ZONE: *Western *Northern *Central * Southern BASE PRICE: $26,800.00 $26,720.00 $26,695.00 $26,715.00 AM/FM radio with single CD Std VVQ ' Daytime running lights Std' TINTPD Sunscreen privacy glass $245.00' add S25 for windshield strip I Cloth split bench — front NA Driver seat only — 6 way power NA 6N6 Rear door locks & handles inoperative $65.00 D6N6 Rear door locks & handles inoperative, dealer modification $65.00 6N5 Rear windows inoperative $69.00 Cruise control Std Radio noise suppression Std 7Y6 Courtesy light disabled NAB deleted for 2014MY; replaced by STD manual switch AY6 Side air protection (may affect cage availability) $74.00 TINT Legal deep tinted film, lifetime warranty, dealer installed $245.00 3K Third key $149.00 includes fob w/ remote start programming 6E3/6E4 Keyed alike $24.00 sped one code or other; not compatible W 2011 thu 2013 Caprice Factory remote keyless entry with 2 fobs included. Std Backup alarm, factory installed NA MAVBU Backup alarm, dealer installed $254.00 Backup camera with 3.5" LCD (rear mounted camera to provide wide angle field of vision at rear of NA vehicle) - factory installed BUC Backup camera with 3.5" LCD (rear mounted camera to provide wide angle field of vision at rear of $535.00 vehicle) - dealer installed Front door moldings, not installed NA VS Vent visors - stick -on style $99.00 front only I Rainshields - flange style NA BDRWN Door blank & rear window barriers with manual lock override (Setina, Pro -Gard, Cruisers or approved $610.00 1 equivalent) Locking gas cap NA KP4DR Two -tone paint $2,006.00 Dealer Paint $150 4 doors & roof panel only, white on black; S1880 green/blue or other colors on white or call for quote on other schenhes I Class III hitch with 2" ball, dealer installed $535.00 K5S Optional equipment - specify $249.00 auxiliary battery I Bid Award Announcement U 3-21-0904) 87 59 of 178 VEHICLE: Caprice (lEW 19/1 SB/PPV) DEALER: Stingray Chevrolet Stingray Chevrolet Stingray Chevrolet Stingray Chevrolet ZONE: Jr Western *Northern *Central * Southern BASE PRICE: $26,800.00 $26,720.00 $26,695.00 $26,715.00 K010 Optional equipment - specify tmderhood lmnp 1 KBDP3H Optional equipment - specify NY level 3 ballistic front door panel iv/ HD door hinge (specify driver or pass side) DVM400TTV 1 Optional equipment - specify Digital -Ally in car video iv /o rear camera or mic (consult iv dealer for other variations) P2600 8S 1 lOS VP 1120 VP1100 K9BX 1 K9RDR 1 K9ALM TTAG 1 TTRANSI TAGNEW 1 Optional equipment - specify Setina PB l OOA 12 — 12" Aluminum Push Bumper Setina PB 100A16 — 16" Aluminum Push Bumper Setina PB300 Push Bumper Go Rhino 5000 Series Push Bumpers Rear Transport Seat — Laguna System 3P Rear Transport Seat — Pro Gard 6000 Series Rear Transport Seat — Cruiser PCM012 Rear Transport Seat with extended seat belt — Patriot PSCV I Pro -Gard P2600 Series Polycarbonate ( Lexan) Cage with sliding window, full width lower extension panel, dealer installed add $85 for recessed panel Setina 8S Lexan cage with 1/2 lexan and 1/2 expanded metal with full lower extension panel, dealer installed add $40 for recessed panel Setina 910 Series Lexan Cage with sliding window, full width lower extension panel, dealer installed add $40 for recessed panel 1 $104.00' $2,095.00 1 $2,890.001 NA $475.00 $475.00 $475.00 $495.00 $796.00 $669.00 $669.00 $790.00 $845.00 $805.001 $805.001 Patriot VP1 -120 Lexan cage with 1/2 lexan and 1/2 metal with full lower extension panel, dealer $845.00 installed add $85 for recessed panel Patriot VP1 -100 all Lexan cage with full lower extension panel, dealer installed $845.00 Cruisers Cage with slide and lock window, lower extension panels, dealer installed $876.00 Cruisers Cage with 1/2 Lexan and 1/2 mesh, lower extension panels, dealer installed $876.00 K -9 Container. All aluminum In- Vehicle (rear seat area) K -9 Container to protect the public, officer, $2,450.00 K -9, and vehicle. Please specify vehicle year, make and model. Call for installation, shipping, and/or delivery prices. Electronic Remote Rear Door Opening system to be used with the K -9 Container. Allows the officer to $1,285.00 release the K -9 from the vehicle from a remote position. Heat Alarm System to be used in a K -9 vehicle. Warns officer when dangerously high temperatures $965.00 are inside the vehicle. Labor rate per hour $85.00 Temporary tag $25.00 Transfer existing registration (must provide tag number) $180.001 New state tag (specify state, county, city, sheriff, etc.) $235.001 Bid Award Announcement (13-21-0904) 88 60 of 178 VEHICLE: DEALER: ZONE: BASE PRICE MG 5/100 1 MG 6/100 1 Caprice (1 EW 19/1 SB /PPV) Stingray Chevrolet Stingray Chevrolet Stingray Chevrolet Stingray Chevrolet * Western *Northern *Central * Southern $26,800.00 $26,720.00 $26,695.00 $26,715.00 Maintenance Plan - specify Maintenance Plan - specify Maintenance Plan - specify Warranty - specify 5 years 100,000 miles: $0 deductible � Warranty - specify 6 years 100,000 miles; $0 deductible Warranty - specify NA NA NA $3,440.00 $3,790.00 1 NA Bid Award Announcement (13 -21 -0904) 89 61 of 178 r„ w CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Offsite Truck Purchase Agenda No. Ap rove for Submittal by: Department Origin., Police Dept. Department Hea . Finance Direct r City Attorney: City Clerk: Alfred A inner, City Manager Date Submitted: 11 /05/2013 For Agenda of: 11/13/2013 Exhibits: FSA Bid Award EXPENDITURE REQUIRED: AMOUNT BUDGETED: Funding Source: $24,548 $28,000 310151-6064004T1413 SUMMARY The police department has selected a Ford F250 4X4 extended cab truck from the Florida Sheriff's Association State Contract number 13 -21 -0904. This truck will be used to replace an older Code Enforcement vehicle (unit 90). There will be other associated costs for Graphics, rack, warning lights, etc purchased separately from this order. RECOMMENDED ACTION Move to authorize the purchase of (1) Ford F250 4X4 extended cab truck from Alan Jay Fleet Sales under the Florida Sheriff's Association State Contract number 13 -21 -0904 in the amount of $24,548. 62 of 178 �L 40W Call Us rrst , jor all ojyour Fleet Automotive, & Light Truck needs. PHONE (800) ALANJA Y (252-6529) DIRECT 863 -402 -4281 WWW.ALANJAY.COM Corporate Office 2003 U.S. 27 South I Sebring, FL 33870 MOBILE 863 -381 -0982 Mailing Addres I P.O. BOX 9200 Sebring, FL 33871.9200 FAX 863. 402 -4221 QUICK QUOTE SHEET FOR VEHICLES SOLD UNDER THE FLORIDA SHERIFF'S ASSOCIATION CONTRACT PAGE 1 of 1 REQUESTING AGENCY: ORIGINAL QUOTE DATE: CONTACT PERSON: PHONE NUMBER: FAX NUMBER: CITY OF SEBASTIAN 110/7/2013 �jj! REVISED QUOTE DATE: 101712013 GREG SCHMIDT MODEL: F -25 (X2B) FSA BID NUMBER'S 12.20 -0905 & 12.10-0905 2014 FORD F450 EXTENDED CAA 4X4 OPTION CODE # ...52..B ... •------- ----- -- - -- ---------- ------------ BL C ..VWC SOL ...............••.......... ........................... ......................•••.. ....................•...... ........................... ........................... --- ---- --- ------- ------ - --- ........................... --- ---•-•------ --------- --- ........................... ........................•.. ........................... ........................... ........................... ........E .................. PULS -TE---••-- MP ------------------- e -mail: Gschmidt@cityofsabastian.org SPECIFICATION M 50 PAGE #: 922 BASE DISTRICT PRICE: $22,082.00 DESCRIPTION OPTION COST EXTERIOR COLOR WHITE W1 DARKEST INTERIOR POSSIBLE .......................•-----•---...........................- ELECTRIC BRAKE CONTROL LOCKING DIFFERENTIAL ..........-----•--•-------• .....................................•---. ..--•--•--..................._. THIRD KEY PLASTIC BEDLINER ...---°-•-• .................•--------••--....------- --- --- --- --................_.. TOW HOOKS EXTRA HD TOWING WlDR........... & 2 .. . BALL POWER WIN DOWILOCKS (INCLUDED POWER HEATED MIRRORS & REMOTE KEYLESS) ......................•---.......----•------......------............. ......_....-••---.............. .................-•--.........-•------•----•----...................----•----------•----•---•-------- °••-• ...............................••-•-•-•-_...................--- -•- ----_....................... • ..................................•--...........--•-----•--•----••-- ••-•-•--•••--- --••---•-•---.... ° ........................................°----..................--- •-•-- _......................... •-----------------•-•---.............-°---.......................... ........--••-••-•------ ----•--• . ................................................•................... ......--- -•----- ---- -•-----.... ..................•---....•....---------•--...--------------------... ....•-----••-•................. °--------°------• .................................................. ..........•-••-•--•-- --------.. . .................................................................... ... ...................•--...... •-----•° ..............................................................................•-•••..._..-- ...............................•--•-•----•--......................... .-----..............•-•--...... •-•-•--------------•----...........................................- •- °--°--..............•-•-••-- .........---• ............................•---.....................--- ----•---....................... ........------••-----------------------•-•-•---------.....----------- .__._.....---.................. ...-----• . .. ......................... ...•-- ---................--- --- -- ----•..................... THIRD BRAKE LIGHT SAFETY FLASHER TEMPORARY TAG EXTENDED WARRANTY DECLINED STD ...................... .......... _•._.•__•$229.00 INCL ................................ ...................... $140.00 $279.00 I ..NC.....L ° ......... .............. ................................ $ 670.00 •-- -•.....••._........5894:00 . ............................... • ............................... . ............................... ................................ . ... ............................ ................................ • ............................... ................................ ................................ . ........... .................... . ............................... . ............................... • ............................... ................................ . ............................... ...................... ........__ _____..._.229.00• •-•-•------• $25.00 • ............................... TOTAL OF OPTIONS: $2,466.00 TOTAL COST: $24,548.00 QTY 1 - $24,548.00 YE55WE1 A 4!i�!p: I'.pl IGIeII rlr: 40.00' TOTAL COST LESS TRADE IN: $24,548.00 Comments: Alan Jay Chevrolet Buick GMC Cadillac FEID #65. 0211404 Alan Jay Ford Llncotn Mercury, Inc. FEID # 20.5996360 1 Alan Jay Chrysler Dodge Jeep Ram FEID # 26- 4540672 Alan Jay Import Center, Inc. dlbla Alan Jay Toyota FEID # 59.3533026 / Alan Jay Nissan, Inc. FEID #76-0833978 VEHICLE QUOTED BY: Dave Wilson, Fleet Sales Manager davemilson0alaniay.eom Wz of 1752 7 Want to be Your Fleet Provider" I appreciate the opportunity to submit this quotation. Please review it carefully. IF there are any errors or changes, please feel free to contact me at any time. /am always happy to be of assistance All About Florida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 3/4 TON EXTENDED CAB PICKUP TRUCK - 4X4 SPECIFICATION #50 2014 Ford F -250 SD (X2B) The Ford F -250 SD (X2B) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: *Western *Northern *Central * Southern BASE PRICE: $22,134.00 $22,134.00 $22,082.00 $22,082.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add /delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and /or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add /delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add /delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (13 -2I- 0904) 922 64 of 178 i FAC FLORIDA COUNTIF-S All About Florida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 3/4 TON EXTENDED CAB PICKUP TRUCK - 4X4 SPECIFICATION #50 2014 Ford F -250 SD (X2B) The Ford F -250 SD (X2B) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: *Western *Northern *Central * Southern BASE PRICE: $22,134.00 $22,134.00 $22,082.00 $22,082.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add /delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and /or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add /delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add /delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (13 -2I- 0904) 922 64 of 178 VEHICLE: F -250 SD (X2B) DEALER: Duval Ford Duval Ford Alan Jay Ford Lincoln ZONE: * Western * Northern *Central BASE PRICE: $22,134.00 $22,134.00 $22,082.00 Order Code Delete Options 66D I Cargo box and rear bumper 66D 512 2 Included with optional bodies. Option also includes fuel fill kit and 51x 1 Factory Delete Cargo Box, bumper, and spare tire carrier. Spare tire shipped loose. (Dlr Remove Box & Bumper, leaves Frame Mouned Spare Tire Carrier $300) 2 L404 40 1 6' cargo box on crew cab or extended cab, not available on regular cab X213 142 WB 2 Must specify on purchase order 58Y I AM/FM stereo radio 58Y 2 M57 Air conditioning 572 2 IF ORDERING VEHICLES WITHOUT A/C PAYMENT WILL BE REQUIRED UPON ORDER. ' NON- REFUNDABLE,, 2 51X I Full size spare tire and rim 51X2 DX3E Limited slip differential on 4 -wheel drive D -X3E 2 Deletes Electronic locking differential 2 Order Code Add Options Alan Jay Ford Lincoln * Southern $22,082.00 Western Central & Northern & Southern $200.00 1 $175.002 NC 1 $50.002 $5.001 $10.002 $100.00 1 $200.002 $50.00 1 $25.002 $100.00 1 $175.002 Western Central & Northern & Southern Please refer to Part E — Emergency Vehicle Lighting Specifications for lighthar descriptions and the awarded dealer pricing. 99T I Engine upgrade - specify $8,300.00 1 $8,314.002 99T 44W 2 6.7L Power Stroke® 4V Diesel V8 99T/ (B20)1TorgShifr® 6 -5peed Auto. SelectShift O/D 1 6.7L 32 Valve Poiver,Stroke V -8 Diesel w /6 -SPD Torqueshift Automatic Trans. Includes dual lead acid 750CC4 batteries 2 Engine upgrade - specify NA NA 98F I Bi -fuel model - specify $314.00 NA CNG /LPG GASEOUS ENGINE PREP PACKAGE (98F): Requires: - 62L Gas Engine (996) Includes: - Hardened Engine Intake Valves and Valve Seals - Bi -Fuel manifold. Ford F- 2501350 621 bi- fuel/ dedicated 15.7 gge system $11600 1 98F I CNG model - specify $314.00 1 $314.002 98F 2 CNG /LPG GASEOUS ENGINE PREP PACKAGE (98F): Requires: - 62L Gas Engine (996) Includes: - Hardened Engine Intake Valves and Valve Seats - Bi -Fuel manifold. Ford F- 2501350 621 hi- fuel /dedicated 21.2 gge system 512600 CNG /LPG GASEOUS ENGINE PREP PACKAGE ONLY (Not available with 99T 44W) 2 98F.CNG CNG conversion (discuss with dealer) $12,600.00' $11,544 .002 21.2GGE 6.2L gas engine only, Includes hardened Engine Intake Valves and Valve seats, Bi juel manifold. Call for CNG 2 current configuration and options I (specify) Bi -Fuel or Dedicated CNG system 21.1 gas gallon equivalent installed by Florida Company (Restrictions apply with different body configurations) "Requires Option 98F CNG /LPG Gaseous engine Prep Package**. 2 Bid Award Announcement (I3 -2I -0904) 923 65 of 178 VEHICLE: F -250 SD (X2B) DEALER: Duval Ford Duval Ford Alan Jay Ford Lincoln Alan Jay Ford Lincoln ZONE: *Western *Northern * Central * Southern BASE PRICE: $22,134.00 $22,134.00 $22,082.00 $22,082.00 98F.LPG I LPG conversion (discuss with dealer) $11,814.00' $12,177.002 25 GGE LPG 2 6.2 Gas Engine Only, Includes hardened Engine Intake Valves and Valve Seats, Bi -Fuel manifold. Call for current configuration and options I Bi -Fuel LPG system 25 gas gallon equivalent installed by Florida Company (Restrictions apply with different body configurations) **Requires Option 98F CNG /LPG Gaseous engine Prep Package". 2 de Battery, auxiliary HD $330.00 1 $329.002 DRYCELL 2 Auxiliary battery Included with Diesel, dual 78a 75OCCA at no charge. Option is for dealer installed battery on Gas engine or senice body applications I 800cca dry cell (Add $250 for dual diesel batteries) 2 Increase to 9,900 lbs. GVWR Std NA 10000 gv yr standard in base vehicle 10,000 GVWR 2 52B Electric brake controller $229.00 1 $229.002 52B 2 Included in model upgrade package. Trailer Brake Controller (compatible iv/select electric over hydraulic brakes; 7 & 4 -way combo trailer tow socket and bracket deleted w166D Pickup Box Delete Req's Tow Pkg (Included widr Maid Upgrade pkg) 2 AdvanceTrac Traction control Std' Std AdvanceTrac® with RSC@ (Roll Stability C'ontrolTM X213.603A Manufacturers model upgrade package (specify pkg. bid) $4,334.001 $4,329.002 603A 2 Exterior- Bumper —front & rear, chrome- Grille — chrome- Mirrors — Manual Telescoping tailerTov Mirrors iv /Power Heated Glass- Wheels — SRW 17" cast aluminum w /bright hub covers /center ornaments - Windows — Rear, fixed, privacy glass Interior - I -touch up and down driver and passenger window- Air conditioning vents — black w /chrome ring - Single- CD/MP3 player & 4 speakers - Cruise control - Door -trim — soft armrest, grab handle, upper & lower map pockets & reflector - frill carpet - Floor mats — carpet - Power equipment — driver ivindow, doorlocks & windows w /backlit .twitches & accessory delay- Seats High - series cloth 40120140 split bench — under -seat storage, 2nd Row under -seat locking storage iv /Powerpoint- Suit visors — Color - coordinated vinyl, single driver w /covered mirror, single passenger w /covered mirror - SYNC&-- Three Button Message Control on Steering Wheel- Trailer Brake Controller Safety /Security. ] Remote Entry anti theft alarm XLT Includes: Chrome frt/rr btanpers,chrome grille, Manual telescoping pwr heated glass, 17" cast aluminum wheels, rear privacy glass, perimeter approach lighting, perimiter alarm. i touch up/dwn drvr pass pwr ivindows, 41vay headrests, AM /FM CD MP3 AUX audio input, Steering wheel controls, SYNC system w/ bluetooth streaming wireless, cruise control, uplevel door trim, carpet floors with mats, pwr locks, uplevel cloth 40120140 iv/ underseat storage, 60140 split folding rear bench, (2) seat back storage pockets, rear trip holder, compass, full overhead console, (3) 12 outlets, vanity mirrors, Remote Keyless Entry, antitheft alarm, trailer brake controller. 2 XL.2S Seat trim upgrade - specify $514.00 1 $894.002 2S XLT 2 Cloth High Back Bucket (Super Cab XL) I Steel cloth luxury 401console 140 front seats 4 -way adjustable driver /passenger headrests, and 110V /i5(hvatt inverter in console, required and only available with manufacturers upgrade package. (Dealer Installed Leather Trim $1297) 2 90L Power windows /door locks $894.00 1 $894.002 90L 2 POWER EQUIPMENT GROUP (90L) Availability: - Optional on XL - Standard on XLT and Lariat Not available with: - Air Conditioning Delete (572) Includes: - 1 -touch up and down window driver and passenger - Accessory delay - ,Manual Telescoping Trailer Tow Mirrors — power heated glass, heated convex spoiler mirror & integrated clearance lamps/iurn signals (54K) (XL & XLT only) - Perimeter Anti -Theft Alarm - Power front side - windows - Power locks - Power rear side - windows (Crew Cab) - PowerScope@ Trailer Tov ,Mirrors — power telescoping, power-folding w /power treated glass, heated convex spotter mirror & integrated clearance lights /turn signals (Lariat only) - Remote keyless -entry - Upgraded door -trim panel on XL Deletes: - Passenger -side lock cylinder Options Available: - PowerScope@ Trailer Tow mirrors (Power telescoping, power-folding w/power/heated glass, heated convex spotter mirror & integrated clearance lights /turn signals (54F) (XLT only) I Includes remote keyless, manual telescoping mirrors w /power heated glass. 2 Bid Award Announcement (13 -21 -0904) 924 66 of 178 VEHICLE: F -250 SD (X213) DEALER: Duval Ford Duval Ford Alan Jay Ford Lincoln Alan Jay Ford Lincoln ZONE: * Western * Northern * Central * Southern BASE PRICE: $22,134.00 $22,134.00 $22,082.00 $22,082.00 525 1 Speed control /tilt steering wheel $234.001 $234.002 525 2 Tilt is Standard. Included with model upgrade package and 96v xl value option included ivith XLT up -grade 2 2S I Bucket seats in lieu of bench seat $894.001 $514.002 2S 2 Willy model upgrade Cloth Luxury Captains Chairs iv / Console (Super Cab xlt) Steel cloth 401console 140 front seats ivith mini console. 2 AS 1 40/20/40 seat in vinyl Std' Std AS 1S 1 40/20/40 seat in cloth $99.00 1 $99.002 is 2 Cloth 40120140 Split Bench - Super Cab (XL Only) Cloth 40 / 20 / 40 split bench w/ center armrest, cupholder, and storage. 2 Carpet in lieu of rubber floor covering NA NA Included in Model upgrade package Included with XLT up -grade 2 16S Floor mats $74.00 1 $199.002 WTF 2 Floor Mats, All - Weather (NA w/166 Carpet Delete) (Deletes Carpeted Mats) . Dealer HD Mats $189 HD molded floor liner system 2 DT Deep tinted glass $325.00 1 $279.002 DTF 2 Rear fixed privacy glass included with model upgrade and 433 option. Option is fin- Deep Tint Window Film I Dealer Deep Tint Film (Add S49 for windshield strip) 2 433 1 Sliding rear window $124.00' $124.002 433 2 Includes privacy tint on rear glass Includes Privacy Glass on rear ivindow only 2 585 t AM/FM radio with single CD $274.001 $274.002 585 2 Premium Electronic AM/FMStereo iv /Single CD/MP3 Player /Clock(XL fleet onl)) Included with model upgrade package and 96v.62d option Includes MP3 Player and AUX audio input 2 On -Star NA NA 39S I Satellite radio $194.001 $194.002 39S 2 Requires model upgrade Req's Manufacturers upgrade package (Satellite Radio iv/ 6 mos trial) 2 SZG Third key $40.00' $140.002 3K 2 PU 4 KEY LOCK SET, 014 FSD This option releases a four key locksei for the F Super Duty XL models without 66D box delete, and power equipment group. Does not include PATS or RKE (remote keyless entry). Does not have keyless entry keypad on driver side door. For the model upgrade package use $175 for remote fob key t Add $175.00 for additional Remote w /Power Window Group 2 Side air bags Std Std 18B I Cab steps $369.00 1 $369.002 18B 2 LSL Left -hand pillar mounted 6" spotlight with clear halogen bulb, dealer installed $495.00 1 $450.002 L SPOT 2 2SL Left & right -hand pillar mounted 6" spotlight with clear halogen bulb, dealer installed $796.00 1 $750.002 LR SPOT 2 Bid Award Announcement (13 -21 -0904) 925 67 of 178 VEHICLE: F -250 SD (X2B) DEALER: Duval Ford Duval Ford Alan Jay Ford Lincoln Alan Jay Ford Lincoln ZONE: it Western *Northern * Central * Southern BASE PRICE: $22,134.00 $22,134.00 $22,082.00 $22,082.00 VV 1 Vent visors - stick -on style $165.001 $145.002 RS 2 RS Rainshields - flange style $165.001 $145.002 RSF 2 BS I Bug shield $169.00 1 $205.002 BS 2 54D Trailer tow mirrors Std' Std For Power telescopic use $164, Requires model upgrade I WGG Wrap- around grille guard $1,296.001 $995.002 WGG 2 Add $300.00 for winch mount plate 2 TBX I Heavy duty aluminum tool box $385.00 1 $419.002 ATB 2 Dealer Provided HD Aluminum Diamond Plate Tool Box 14" Depth (ADD $5018" Depth TOOL BOX) 2 85L I Bedliner $349.00 1 $349.002 85L 2 Plastic drop in bed liner (Dh- Installed OEM Bedliner $179) 2 85S 1 Spray -on bedliner for pick -up truck (Rhino, Line -X or approved equivalent) $474.00 1 $474.002 85S 2 Factory light dury use, for HD Liuex spray liner dealer installed use $550 1 Factory THIN spray -on -bed liner w/ plastic tailgate cover. (HD Spray- on- Bedliner dealer installed $579.00) 2 41P I Skid plates $99.00 1 $99.002 41 P 2 Skid Plates, Transfer Case &• Fuel Tank (4x4 only) 213 1 Shift on the fly $184.00 1 $184.002 213 2 Electronic - Shift -On- the -Fly — 4X4 (manuallocking hubs & auto rotary control l /P: required w /center flow- through console) l TCD I All terrain tread tires $454.00 1 $450.002 TCD 2 LT165170Rx17E OWL AT LT 26517OR17E (4) All Terrain -OR - (TBM LT145/75RX17E BSW A/T (5) $114) 2 N2 Nitrogen filled tires including spare tire $196.00 1 $89.002 N22 KK8 I Steel truck cap $3,896.001 $2,373.002 ARE DCU 2 NA with short bed, Knapheide brand or equal 'Aluminum "A.R.E. 13" high Deluxe Commercial Unit, includes: Clear Mitered Front Picture Window, Standard Full Length Side Access Doors, Rear Full Height Hatchback door with tinted radius window replacing factory tailgate. sub option: Full Length Side Mid Tool Boxes inside doors (specify configuration) Z $515 sub option 1: Roof Mid Deluxe HD Ahmtinum Ladder Rack with 1 cir supports $195 Tow hooks Std Std LG12 1,200 lb. lift gate $2,895.001 $3,266.002 LG 12 2 1300# CAP I 8KW' 8,000 lb. winch with remote $1,200.001 $1,195.002 8KW 2 Req. WGG, add $300 for 111nv 1 Requires Wrap around grill wAvinch plate 2 THD Trailer towing package, to include heavy duty flashers, wiring for trailer plug (7 prong $695.00 1 $670.002 CLIVWC 2 round), and class IV frame mounted trailer hitch with 2" square removable receiver, V shank with 2" ball. Does not include trailer tow mirrors. May be dealer installed. Replaces Factory (HD Class V Titan 1.5" Receiver, 7 Pin Wire Harness, Solid Steel Shank Draw Bar, 1 & 5116" Ball, pin & Clip. 2 Bid Award Announcement (13 -21 -0904) 926 68 of 178 VEHICLE: F -250 SD (X213) FTC 2 DEALER: Duval Ford Duval Ford Alan Jay Ford Lincoln Alan Jay Ford Lincoln ZONE: * Western *Northern * Central * Southern BASE PRICE: $22,134.00 $22,134.00 $22,082.00 $22,082.00 SBS Spray -on bedliner for utility bod� $745.001 $695.002 USOB 2 Add S75 for rear bumper or drop doors Don't order 941 CS For inside of utility body only, ADD $2 79 for box tops and bumper 2 HAR 2 8RB Knapheide, Reading or approved equivalent utility body - specify $5,400.001 $5,278.002 PSB96S -P 2 Reading Brand 56ca model 98 snv. Requires 31v.316. Includes 66D. For Masterlock option add $400. Flip PRT 2 Top lids add 5700.00 1 Palfinger Std Service Body 8' SRI' Painted White (includes box and bumper credit) Body Upgrades -- Add $829 for Flip Top Lids, $479 for T- Handles, 5379 jar LED compartment lighting, $394 for Master Locking System, $1114 for Heavy Duty Body (Not Available with Slnort Bed Option) 2 8KB Manufacturer's standard service unibody, 14 gauge construction - specify. May be $5,320,001 $5,468.002 K696J 2 dealer installed. (NOTE: If you are ordering a service body, we are advising you to contact your awarded vendor.) Knapheide Brand, 56ca model 696j. Requires 31 v.31 b. Includes 66D. For Masterlock option add 5400. Flip Top lids add $700.00 1 Knapheide 8' SRW Painted Utility Body, (includes box and bumper credit) Body Upgrades -- Add $634 for Flip Top Lids. 5198 for T- Handles, $379 for Dome Lights inside compartments, $394 for Master Locking System, 2 $ l59 for pair of Knaplock padlocks keyed to Ford factory ignition key 8RBC Manufacturer's standard service modular body, 18 gauge construction - specify. May be $5,150.001 $5,389.002 U98ASW SL 2 dealer installed. (NOTE: If you are ordering a service body, we are advising you to contact your awarded vendor.) Reading 56ca model s198 1 Reading Standard Line Factory Powder Coated White 8' Utility body (includes box and bumper credit) Body UTades --Add 51079 for Flip Top Option, $573 Lighted Compartment, 5893 for Master Locking System -- PC I Powder coating for utility body $550.001 $6,299.002 U98ASW Reading Brand Only 1 DA 2 Reading Classic Ii factory Pwdr Coated White 8' Utility BZ dy --Add $782 for Flip Top Lids. $529 for lighted compartment, $979 for Electric Remote Locking system FTC I Fiberglass tonneau cover (painted to match) FTC 2 For Roll n Lock, or RETRAV bed cover option, use $1396 Add S1338 for Bed .Slider with Rubber Mat and 4 ".Sides 2 FCHT Fiberglass cab high topper with front, side and rear windows (painted to match) FCH 2 Add $375 for side access windows in lieu offtxed 2 942 1 Daytime running lights 942 2 Immobilize da2ytime running lights Don't order 941 CS Cab shield headache rack (protects back of cab) HAR 2 Expanded metal cab shield (Add 5299 for strobe beacons mounted on each side of cab shield) Expanded metal cab shield (Add $299 for strobe beacons mounted on each side of cab shield) 2 PRPU 1 Pipe rack w /expanded metal basket over cab (for pickup bed) PRT 2 PRSB 1 Pipe rack w /expended metal basket over cab (for utility body) PRU 2 SLR 1 Single ladder rack side mounted (specify street or curbside) SSMLR 2 For pick up truck side mounted. For Service Body use $796 1 Single Side Mid Ladder Rack 2 Bid Award Announcement (I3 -2I -0904) $1,495.001 $1,495.002 $1,696.001 $1,695.002 $44.001 $44.002 Std NA $496.001 $497.002 $1,496.001 $1,790.002 $1,496.001 $1,790.002 $646.001 $738.002 927 69 of 178 VEHICLE: F -250 SD (X2B) $1,715.001 $1,632.002 DEALER: Duval Ford Duval Ford Alan Jay Ford Lincoln Alan Jay Ford Lincoln ZONE: * Western *Northern * Central * Southern BASE PRICE: $22,134.00 $22,134.00 $22,082.00 $22,082.00 153 1 Front license bracket NCI NC 153 2 (Factory ordered only, dealer provided $79) 2 76C 1 Backup alarm, factory installed $124.001 $124.002 76C 2 Ship Through Qualified Vehicle Modifier, includes dealer prep. Reading is ($543) Additional Options: 2 BUA Backup alarm, dealer installed $130.001 $149.002 BUA 2 ($3660), Slide in Dump Body Insert & Electric Hoist ($4900), TOP Side Aluminum Toolbox 96" ($719) Top 76V 1 Backup camera with 3.5" LCD (rear mounted camera to provide wide angle field of $469.001 $469.002 76V 2 vision at rear of vehicle) - factory installed Rear Viov Camera (Electrochromic Mirror iv /video display on XIJXLT,• : XLT req. 961 XLT Interior Pkg at $79417V XLT Value Pkg. at $1344, or 17P XLT Premium Pkg at $2884.; NA sv 166D Pick Up Box Delete or LTS 1 557Airbag Delete) Pkg contents available at duvafeet.cont /reference. Dealer camera on Service body trucks at $695 1 $695.001 $229.002 PULSE 2 Restrictions apply. contact dealer for configuration availability. 2 BUC Backup camera with 3.5" LCD (rear mounted camera to provide wide angle field of $695.001 $679.002 BUC 2 vision at rear of vehicle) - dealer installed $115.001 $95.002 DDT 2 Dealer Provided Rear Vision camera with day /night view, specify rear view mirror or dash mounted monitor 2 96v.62d Optional equipment - specify $663.001 $1,887.002 FUEL XL VALUE PACKAGE (96 V) Availability: - Optional on XL Includes: - AM/FMStereo 1Single- CD 1MP3 $6.001 $25.002 TOOL 2 Player /Clock w14 speakers - Bright chrome hub covers and center ornaments (SRW Only) - Chrome front and rear step bumper - Cruise Control NOTE. Does not include rear bumper when ordered sv 166D Pickup Box Delete, Steering wheel controls (62D) Add $294 to this option jar Sync Voice Activated Handsfee System 1 Fuel & Tool Box Combo includes: L Shape Fuel Tank Tool Box, Electric transfer pump, Hose, No=-le, and flow meter - (ADD SAFE -T - Fire Extinguisher, First Aid Kit, Road Triangles $299) 2 WLB Amber 1 Optional equipment- specify $1,715.001 $1,632.002 RNL 2 Whelen Amber Single Tier Lighibar ivith Switch. ForAmber Corner Vertex add $525 Roll —N —Lock Tonneau Cover 2 TF Optional equipment - specify $1,856.001 $485.002 JOTTO 2 Tool and Fuel Combination Toolbox 1 Jana Computer Mount Stand (Add $299 for 70(hv inverter w (2) 110v outlets) 2 31 v.31 b 1 Optional equipment - specify $260.001 $1,995.002 WALB 2 Ship Through Qualified Vehicle Modifier, includes dealer prep. Reading is ($543) Additional Options: 2 Product (Oil Gear, motor, waste) Lube Skid with 50 ft Reels ($9550), Gas Air Compressor 30 Gallon 20 CFM ($3660), Slide in Dump Body Insert & Electric Hoist ($4900), TOP Side Aluminum Toolbox 96" ($719) Top Side PUContractor Box ivith Drmvers 96" ($896), 1500 Inverter ($566), 2000 Inverter ($606), 3000 Inverter ($706), Pick up Removable or Hidmvay Ball Gooseneck Hitch ($1250), 5th Wheel Insert ($975) V -Mac 70 CFM Compressor ($10995) 1 Whelen Amber LED Light bar with frt take downs, side alleys, & rear arrow stick feature 2 LTS 1 Optional equipment - specify $695.001 $229.002 PULSE 2 Havis Laptop Stand with Universal Locking tray, floor mount and mounting kit. Base Inverter add $436 1 3rd Brake Light Safety Pulse "Rear Collision Avoidance" (Pulses 3rd Brake Light (4) times upon application of brake pedal to increase driver mvareness behind you when stopping) 2 Labor 1 Labor rate per hour $115.001 $95.002 DDT 2 Includes EVT certified installation and QVM compliance. Supplies, wiring harness and connectors included. 1 Dealer Domestic Truck 2 Temp 1 Temporary tag $6.001 $25.002 TEMP 2 Bid Award Announcement (13 -21 -0904) 928 70 of 178 VEHICLE: F -250 SD (X213) DEALER: Duval Ford Duval Ford Alan Jay Ford Lincoln Alan Jay Ford Lincoln ZONE: *Western *Northern * Central * Southern BASE PRICE: $22,134.00 $22,134.00 $22,082.00 $22,082.00 TX I Transfer existing registration (must provide tag number) $90.00 1 $123.602 TRANS 2 Includes two way overnight shipping for signature 2 Tag i New state tag (specify state, county , city, sheriff, etc.) $130.00' $175.702 TAG 2 Tag may be delayed by tag office and stripped separately. Overnight 2way shipping for new vehicle tags included Includes nvo way overnight shipping for signature 2 MP575 Maintenance Plan - specify $1,835.00' $385.002 BMP345 2 5 Year 75,000 mile Premium GAS Maintenance Plan. 15 service visits at 5000 mile intervals for vehicles with Gas Engine, zero deductible. For GAS Chassis Cab vehicles use $2195 5 Year 75, 000 mile Premium Maintenance DIESEL plan, 15 Maintenance plan visits at 5000 mile intervals for vehicles with Diesel Engine, zero deductible $3615. For Diesel Chassis Cab & Cutmvay vehicles use $3465. Prices quoted per FordMoCo Florida Retail ESP October 2013 Pricing Guide 1 3 yr 45, 000 mile(7500 mile intervall, includes a total of (6) visits)(ADD $635 for diesel). 2 NW675 Maintenance Plan - specify $1,875.00' $645.002 BMP575 2 6 Year 75,000 mile Premium GAS Maintenance Plan. 15 service visits at 5000 mile intervals for vehicles with Gas Engine, sera deductible. For GAS Chassis Cab vehicles use $2245. 6 Year 75,000 mile Premium Maintenance Plan. 15 Maintenance plan visits at 5000 mile intervals for vehicles with Diesel Engine, zero deductible is $3650. For Diesel Chassis Cab & Cutaway vehicles use $3520. Prices quoted per FordMoCo Florida Retail ESP October 2013 Pricing Guide 1 5 yr 75, 000 mile(7500 mile intervall, includes a total of (10) visits) (ADD $825 for diesel). 2 MP610 Maintenance Plan - specify $2,365.001 $885.002 BMP6100 2 6 Year 100,000 mile Premium Maintenance Plan. 20 service visits at 5000 mile intervals for vehicles with Gas Engine, zero deductible. For GAS Chassis Cab vehicles use $2800. 6 Year 100,000 mile Premium Maintenance Plan. 20 Maintenance plan visits at 5000 mile intervals for vehicles with Diesel Engine, zero deductible is 54245. For Diesel Chassis Cab & Cutaway vehicles use $4435. Prices quoted per FordMoCo Florida Retail ESP October 2013 Pricing Guide 1 6 yr 100,000 mile(7500 mile intervall, includes a total of (13) visits)(ADD $815for diesel). 2 GGB575 Warranty - specify $1,830.001 $2,165.002 EC575 2 5 Yr 75,000 mile zero deductible BASECare plan. 5 Yr 100,000 mile zero deductible use $2580. (Fire or Emergency rise add $605surcharge). With bed delete or cutaway 5yr 100000 mile zero deductible 4000hr is $3225: (w/ chassis for Fire EMS use add $755). Complete pricing schedule available upon request. Prices quoted per FordAfoCo Florida Retail ESP October 2013 Pricing Guides Extra Care 5 yr 75k mile ($0 Ded)(ADD $555 for frrelemergency use). 2 GGE575 Warranty - specify $2,165.001 $2,850.002 PC575 2 Yr 75,000 mile zero deductible EXTRA Care plan. 5 Yr 100,000 mile zero deductible use $3145. (Fire or Emergency use add $555surcharge). With bed delete or cutaway 5yr 100000 mile zero deductible 4000 hr is $3655: (w/ chassis for Fire EMS rue add $755). Complete pricing schedule available upon request. Prices quoted per FordMoCo Florida Retail ESP October 2013 Pricing Guide i Premium Care 5 yr 75k mile ($0 Ded)(ADD $555 for firelemergency use). 2 GGP575 Warranty - specify $2,850.001 $3,770.002 PC6100 2 5 Yr 75,000 mile zero deductible PREMIUMCare plan. 5 Yr !00,000 mile zero deductible ruse $3625. (Fire or Emergency use add $505surcharge). With bed delete or cutaway 5yr 100000 mile zero deductible 4000 hr is $4140: (w/ chassis for Fire EMS use add $755).. Complete pricing schedule available upon request. Prices quoted per FordMoCo Florida Retail ESP October 1013 Pricing Guide Premium Care 6 yr 100k mile ($0 Ded)(ADD $555 forlrelemergency rise). 2 GDB575 Diesel Warranty - specify $1,830.001 $2,310.002 EC575 2 5 Yr 75.000 mile zero deductible BASECare plan. 5 Yr 100,000 mile zero deductible use $2580. (Fire or Emergency use add $605surcharge). With bed delete or cutmvay Syr 100000 mile zero deductible 4000 hr is $3950: (w/ chassis for Fire EMS use add $755). Complete pricing schedule available upon request. Prices quoted per FordMoCo Florida Retail ESP October 2013 Pricing Guide, Diesel Extra Care 5yr 75k mile ($0 Ded) (ADD $555 jor ftrelemergency rue). 2 Bid Award Announcement (13 -21 -0904) 929 71 of 178 VEHICLE: F -250 SD (X213) DEALER: Duval Ford Duval Ford Alan Jay Ford Lincoln ZONE: * Western *Northern * Central BASE PRICE: $22,134.00 $22,134.00 $22,082.00 GDE575 Diesel Warranty - specify PC575 2 5 Yr 75,000 mile zero deductible EMACare plan. 5 Yr 100,000 mile zero deductible use $3145. (Fire or Emergency use add $555surcharge). With bed delete or culasvay Syr 100000 mile zero deductible 4000 hr is S4525: (iv/ chassis for Fire EMS use add $755). Complete pricing schedule available upon request. Prices quoted per FordMoCo Florida Retail ESP October 2013 Pricing Guide Diesel Premium Care 5 yr 75k mile ($0 Ded)(ADD $555 for ftre%mergency use). 2 GDP575 Diesel Warranty - specify PC6100 2 5 Yr 75,000 mile zero deductible PREMIUMCare plan. 5 Yr 100,000 mile zero deductible use $3625. (Fire or Emergency use add $505surcharge). With bed delete or cutmvay 5yr 100000 able zero deductible 4000 hr is $5225: (iv /chassis for Fire EMS use add $755). Complete pricing schedule available upon request. Prices quoted per FordMoCo Florida Retail ESP October 2013 Pricing Guide Diesel Premium Care 6 yr 100k stile ($0 Ded) (ADD $555 for fire%mergency use). 2 Bid Award Announcement (I3 -2I -0904) Alan Jay Ford Lincoln * Southern $22,082.00 $2,165.00 1 $3,055.002 $2,850.00' $3,920.002 930 72 of 178 an Or HOME Of PELICAN ISUWD City Clerk's Office Subject: City Council Member Liaison Agenda No. qA -/3 • ko� Appointments to Various Regional Board Department Origi ty Cle and Committees City Attorney: Approved for qubrFor Agenda of: 11/13/13 r}� J by: Date Submitted: 11/4/13 City Manag Exhibits: Liaison SUMMARY STATEMENT Each year after the seating of a new City Council, the Mayor at the first regular meeting, requests volunteers and makes assignments of the City Council members to various regional boards and committees. The Mayor asks that each member review the list so that you know your preferences when the item is addressed at the meeting. For the new members, a complete updated list of regional boards is attached. RECOMMENDED ACTION The Mayor will ask for volunteers and appoint City Council members accordingly. 73 of 178 SEBASTIAN CITY COUNCIL MEMBERS LIAISONS TO COUNTY AND REGIONAL BOARDS AFFORDABLE HOUSING ADVISORY COMMITTEE (Indian River County) Current Member: AI Minner BEACH AND SHORE PRESERVATION COMMITTEE (Indian River County) Current Member: Council Member Andrea Coy Alternate: Council Member Jim Hill ECONOMIC DEVELOPMENT COUNCIL (Indian River County) Current Member: Council Member Alternate: Council Member Andrea Coy METROPOLITAN PLANNING ORGANIZATION (2 MEMBERS) Current Members: Council Member Bob McPartlan & Council Member Andrea Coy Alternates: Council Member & Council Member Jim Hill ELECTED OFFICIALS OVERSIGHT COMMITTEE (EOOC) (Indian River County) Member (always Mayor): Sitting Mayor — Currently Bob McPartlan SEBASTIAN RIVER AREA CHAMBER OF COMMERCE (local) Current Member: Council Member Alternate: Council Member Jim Hill TOURIST DEVELOPMENT COUNCIL: (Indian River County) Current Member: Council Member Jim Hill Alternate: Council Member TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional) Current Member: Council Member Jerome Adams Alternate Member: Council Member Bob McPartlan TREASURE COAST REGIONAL LEAGUE OF CITIES: (Municipalities from Four Counties — Sponsored by FLC) (was formerly Council of Public Officials) Current Member: Council Member Jim Hill Alternate Member: Council Member Bob McPartlan TREASURE COAST REGIONAL PLANNING COUNCIL: (Regional) Current Member: Councilmember Jerome Adams - Sebastian Alternate: Vero Beach (For November 2013 - November 2014 term, Sebastian will be the Alternate Member to the City of Vero Beach) 74 of 178 aar OF HOME OF PELICAN ISLAND City Clerk's Office 'ect: Assignment of Council Agenda No: Sub J 9 Department Ongi Pily Clerk Mernb to Monitor County Commission City Attorney: Mdd - in C Date Submitted: 12/4/13 For Agenda of: 12/13/13 SUMMARY STATEMENT Council Members review each Indian River County Commission agenda and if necessary, attend meetings on behalf of Council on a monthly basis and report back to Council on anything relevant to Sebastian. Council Member Hill has agreed to monitor November 2013. RECOMMENDED ACTION Council Members agree to monitor the County Commission meetings as follows: December 2013 - January 2014 - February 2014 - March 2014 - April 2014 - May 2014 - June 2014 - July 2014 - August 2014 - September 2014 - October 2014 - November 2014 - (preferably Council Member not in election) 75 of 178 MY or HOME OF VPEUCAN ISLAND City Clerk's Office Subject: Citizens Budget Review Advisory Agenda No. 9C - / 3 - /6 & Board Department Ong* . Zity Cler 's Offic Approved for bm I by: City Attorney: City Manager- For Agenda of: 11/13/13 lt Date Submitted: 11/4/13 Exhibits: Membe List SUMMARY STATEMENT In accordance with Section 2 -221 - 2 -223 of the Code, the City Council, at the first regular meeting after each election, shall appoint a Citizens' Budget Review Advisory Board composed of seven members. Each new City Council member selects one appointee for two years and then the entire Council appoints two at -large members for one year. Council Members Hill (Gary O'Hara) and Adams (Ed Herlihy) appointees will serve unit November 2014. If for any reason their appointee cannot serve, a new member should be appointed. Council Members Coy (Dionna Farmer) and McPartlan (Tim Slaven) can choose a new appointee or renew their current appointee. Council Member Gillmor will need to appoint a member to serve the length of his two year terms to 2015. We would appreciate it if you would advise this office as soon as you make your selection and have the person visit us to fill out a board application for our records by Monday, November 18''. A press release for applications for the two at -large member positions has been advertised. We will bring the formal appointment of all members back to you on December 11, 2013. RECOMMENDED ACTION No action required at this time. 76 of 178 CITIZENS BUDGET REVIEW ADVISORY BOARD The Citizens Budget Advisory Review Board is comprised of 7 members, 5 of who are individual Council appointees, and 2 of who are appointed by Council at- large. The 5 members appointed by Council serve the same term two -year term as the Council member who appointed them and the 2 at -large members serve one year until the next election. MEMBER NAME AND ADDRESS APPOINTED BY TERM Ed Herlihy Council Member 11/2012 - 11/2014 474 Sea Grass Avenue Adams term to expire at the end of Adams' Sebastian, FL 32958 term in 2014 edherlihy(a,bellsouth.net 388 -0665 Dionna Farmer Council Member Coy 1101 Persian Lane Sebastian, FL 32958 801 -6165 dionnabunyardCc )-hotmail.com Vacant Council Member 11/2013- 11/2015 Gillmor term to expire at the end of Gillmor's term in 2013 Gary O'Hara Mayor Hill 2/2012- 11/2014 Sebastian, FL 32958 term to expire at the end of Hill's Pogo65(a)_ BellSouth. net term in 2012 Tim Slaven Council Member Sebastian, FL 32958 McPartlan tdslaven(cDgmail.com At -large Member Term to expire November 2014 At -large Member Term to expire November 2014 City Manager is an ex- officio Member .• 77 of 178 Subject: (E- Cigarettes) Proposed Ordinance 0 -13 -12 Agenda No. /0�} Establishing Section 50-6 of the Code under Chapter 50 "Health and Sanitation" Department Orig' : City Mann ager City Attorney: A pro d for Submittal by: City Manager City Clerk: '- Date Submitted: 11/06/13 Agenda of: 11/13/13 er Exhibits: - Proposed Ordinance 0 -13 -12 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY This Ordinance establishes Section 50 -6 of the Code, under Chapter 50 entitled "Health and Sanitation" pertaining to the sale and use of e- cigarettes and liquid nicotine. City Council held the first reading and set public hearing for November 13, 2013. RECOMMENDED ACTION Conduct public hearing and at Council's discretion adopt Ordinance 0- 13 -12. 78 of 178 ORDINANCE NO. 0 -13 -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ESTABLISHING SECTION 50 -6 OF THE CODE UNDER CHAPTER 50 "HEALTH AND SANITATION" PERTAINING TO THE SALE AND USE OF E- CIGARETTES AND LIQUID NICOTINE AND PROVIDING THEREIN FOR DEFINITIONS, FOR A PROHIBITION ON THE SALE WITHIN THE CITY OF E- CIGARETTES AND LIQUID NICOTINE TO PERSONS UNDER EIGHTEEN YEARS OF AGE, FOR A PROHIBITION ON THE USE WITHIN THE CITY OF E- CIGARETTES AND LIQUID NICOTINE, PROVIDING FINDINGS, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section 1. Legislative findings: (a) The dangers posed by tobacco are not limited to cigarettes, pipes or other traditional forms of smoking. (b) New, unregulated high -tech smoking devices, commonly referred to as electronic cigarettes or e- cigarettes, have recently been made available to consumers. These devices closely resemble and purposefully mimic the art of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. The vapors are expelled via a cartridge that usually contains a concentration of pure nicotine. The cartridge and ignition system are housed in a device created to look exactly like a traditional cigarette, cigar or pipe. After inhaling, the user then blows out the heated vapors producing a "cloud" of undetermined substances that is virtually indistinguishable from traditional cigarettes, cigars and pipes. ( c) Nicotine is a known neurotoxin that is also one of the most highly addictive substances available for public consumption. 79 of 178 (d) The manufacturers and marketers of e- cigarettes purposefully and intentionally advertise their produces as safe nicotine delivery devices and smoking cessation modalities. (e) These safety and smoking cessation assertions made by e- cigarettes companies have been disproven by laboratory tests conducted by the U.S. Food and Drug Administration (FDA). Indeed, this testing has shown that e- cigarettes do contain carcinogens, including nitrosamines. Further, the FDA tests showed that e- cigarettes were found to contain toxic chemicals such as diethylene glycol. This compound is a common ingredient in antifreeze and, in 2007, was also surreptitiously substituted for glycerin by several Chinese manufacturing companies in the making of toothpaste which resulted in the deaths of hundreds of people worldwide. While some e- cigarette manufacturers dispute the FDA's findings as limited in scope and sample, these manufacturers have not submitted for independent peer review any of their findings that purportedly support their safety and smoking cessation claims. (f) Along with the FDA's publicly expressed concerns over the safety of these devices, the FDA is continuing its official investigation into the e- smoking devices and has refused to allow e- cigarettes, e- cigars and pipes to cross the border of the United States because they are considered new drugs and drug delivery devices that require FDA approval. (g) Concurrent with this lack of suitable information, e- cigarette manufacturers offer their nicotine cartridges in a variety of flavors, including cherry, chocolate, and vanilla. The FDA and public health advocates warn these flavorings are purposefully meant to appeal to and attract young people and are commonly referred to as "training wheels" for traditional cigarettes. (h) Studies show that adolescents can become addicted to nicotine after ingesting the equivalent of 20 traditional cigarettes, the amount traditionally available in a single pack. The appeal created by the flavored e- cigarette can lead young people into a lifetime of nicotine addiction. 2 80 of 178 (i) The nicotine content in e- cigarettes is unknown and unspecified and presents a significant risk of rapid addiction or overdose. 0) Other governments and public health organizations have joined the FDA in speaking out about the potential dangers posed by e- cigarettes. These entities are also calling on e- cigarette manufacturers to discontinue their safety claims until these products have been independently tested. These groups include the World Health Organization and the Canadian government's FDA equivalent, the Health Products and Food Branch Inspectorate. (k) Protecting City residents against any untested nicotine product like e- cigarettes represents sound public health and fiscal policy. Therefore, the purpose of this ordinance is to ban the sale of e- cigarettes and like products in the City of Sebastian to persons under the age of 18, to prohibit the use of e- cigarettes and like products in public places where traditional forms of smoking are already disallowed, and to prohibit self - service merchandising in the retail sale of e- cigarettes and like products in order to minimize the physical accessibility of e- cigarettes and like products to minors. Section 2. Section 50 -6 of the code of the City of Sebastian, entitled "E- Cigarette Sales and Use" Sec. 50 -6 Definitions (a) For the purpose of this article, the following words and terms shall have the meanings given herein: City means the City of Sebastian, Florida E- cigarette means any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provides a vapor of liquid nicotine and /or other substances mixed with propylene glycol to the user that he or she inhales in simulation of smoking. This term shall include such devices whether they are manufactured as e- cigarettes, e- cigars, e- pipes or under any other product name. 3 81 of 178 Liquid nicotine means any liquid product composed either in whole or part of pure nicotine and propylene glycol and manufactured for use with e- cigarettes. Open display unit, in the context of the retail sale of e- cigarettes and liquid nicotine, means any device, furniture or furnishing within or upon which e- cigarettes or liquid nicotine are displayed to customers, and includes but is not limited to any case, rack, shelf, counter, table, desk, kiosk, booth, stand and other surface. Person means any natural person or artificial entity capable of suing and being sued in the State of Florida. Self - service merchandising, in the context of the retail sale of e- cigarettes and liquid nicotine, means the open display of e- cigarettes and liquid nicotine, whether packaged or otherwise, for direct retail customer access and handling prior to purchase without the intervention or assistance of the retailer or the retailer's owner, employee or agent. Such open display includes the use of an open display unit. Smoking means smoking as defined in Section 386.203, Florida Statutes, as the same may be amended from time to time and any successor thereto. Use of an e- cigarette means the heating or ignition of an e- cigarette which creates a vapor of liquid nicotine and /or other substances mixed with propylene glycol to the user that he or she can inhale in simulation of smoking. Sale of e- cigarettes to minors prohibited. It is prohibited for any person to sell or offer for sale e- cigarettes or liquid nicotine within the city to a person under eighteen years of age. ( c) Use of an e- cigarette where smoking prohibited. The use of an e- cigarette is prohibited at all locations within the City at which smoking is prohibited under Chapter 386, Florida Statutes. Self- service merchandising prohibited. 82 of 178 1. No person engaged in the retail sale of e- cigarettes or liquid nicotine shall sell, permit to be sold, offer for sale, or display for sale e- cigarettes or liquid nicotine by means of self - service merchandising 2. No person engaged in the retail sale of e- cigarettes or liquid nicotine shall place e- cigarettes or liquid nicotine in an open display unit unless the same is located in an area that is inaccessible to customers. Section 3. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section S. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. Codification. The sections of the ordinance may be made a part of the City Code of Laws and ordinances and may be re- numbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 7. Effective Date. This ordinance shall take effect immediately upon adoption. R, 83 of 178 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 Bob McPartlan Vice -Mayor Don Wright Councilmember Jim Hill Councilmember Andrea B. Coy Councilmember Jerome Adams The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2013. CITY OF SEBASTIAN, FLORIDA 0 Mayor Bob McPartlan ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. Robert A. Ginsburg, City Attorney Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. 3 84 of 178 �. _ Subject: Resolution R- 13 -36; Special Agenda No. Exception to allow Qualified Affordable Housing as a conditional use in CG Zoning Department Origin: C94murutv. Develo ment on 7.4 acre site at 9707 U.S. 1 CD Director. Finance Director. A r ed for Submittal by: City Manager City Attorney: v - City Clerk: A76n';er Date Submitted: November 6.2013 For Agenda of. November 13, 2013 Exhibits: Resolution R- 13 -36; excerpts from Comp Plan; application with backup; P & Z minutes of 10 -17 -13 public hearing. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: 1 -0- -0- -0- SUMMARY Plaza of Cottages, LLC and Highpoint Commercial Center, LLC, represented by Joseph Schulke, P.E., has requested a special exception for their property located at 9707 U.S. 1 north of the Publix Shopping Center at U.S. 1 and Barber Street to allow qualified affordable housing as a conditional use on that site. The 7.4 acre property is located in the Commercial General (CG) zoning district and already allows residential development up to 8 units per acre. Approval for qualified affordable housing will raise the density to a maximum of 12 units per acre. This density bonus will take the potential development for the property from 59 to a maximum of 88 residential units. Qualified affordable housing, by LDC definition, is a project that participates in and complies with a state or federally sponsored affordable housing initiative. This use is identified as a conditional use only in the Commercial Limited (CL) zoning district. The conditions of approval, per Section 54- 2- 6.4(36A)b are as follows: 1. To qualify for this conditional use, a project must participate in and comply with a state or federally sponsored affordable housing initiative. 2. Maximum density shall be 12 residential units per acre. 3. The minimum living area standards of the RM -8 zoning district shall apply. 85 of 178 As detailed in Section 54 -2 -3.1 of the Land Development Code, a special exception is a use which is provided for in the zoning regulations for a particular zoning district or classification and if controlled would not affect the public safety, health or general welfare by allowing the use in an additional zoning district or classification. The Planning and Zoning Commission and City Council may permit such uses in such zoning districts or classifications as special exceptions only if the applicant meets specific provisions and conditions deemed appropriate. Procedurally, staff reviews the special exception application and prepares a summary report for the Planning and Zoning Commission. P & Z then holds a public hearing to determine if, in their opinion, the proposed special exception meets the required findings of fact and review criteria established by the Land Development Code. The Planning and Zoning Commission then makes a recommendation to City Council to approve, approve with conditions, or deny the application for the special use. Staff then prepares the resolution and schedules the public hearing by City Council. REQUIRED FINDINGS OF FACT Section 54- 2- 3.1(a)(3) Required findings of fact: a. The approval of the application for a special exception will not be detrimental to the public safety, health or welfare, or be injurious to other properties or improvements within the immediate vicinity in which the property is located based on criteria established in Article VI; The applicants are asking for a special exception for qualified affordable housing which would provide a density bonus up to 12 units per acre. A conceptual site plan has been provided to demonstrate the proposed layout of the site with parking, drainage, traffic flow, and recreational amenities. If approved, a full site plan must be submitted, reviewed and approved by the Planning and Zoning Commission to determine compliance with the Land Development Code. b. The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district; The Commercial General (CG) zoning district allows all uses within the RM -8 zoning district, including multifamily development with a maximum density of 8 units per acre. If granted, the special exception will allow a maximum density of 12 units per acre. 2 86 of 178 C. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. The Housing Element of the Comprehensive Plan refers to goals, objectives and policies specifically addressing the need for Affordable Housing (Objective 1.2), Special Needs Households (Objective 1.3) and Relocation Housing (Objective 1.4), copies of which are attached. In regard to relocation housing, in 2009 the City annexed the Shady Rest Mobile Home Park and assigned that property a zoning of Commercial Riverfront (CR). The owners of that property agreed to keep the park open for a five -year period which ended on June 10, 2013, but may, at their discretion, continue the residential use for an additional five years. An affordable housing project of this nature would help fill a need for additional housing for the displaced residents of that park. Section 54- 2- 3.1(a)(4) Conditions of approval: In approving an application for a special exception under this section, the City Council may require such conditions as will, in its judgment, substantially secure the objectives and intent of the zoning regulations. If approved, staff proposes the following condition of approval for the special exception: 1. The qualified affordable housing project shall specifically be for senior housing (e.g. 55 +), as described on the conceptual site plan. Section 54- 2- 6.2(d) Additional findings: Any approval with or without conditions shall be rendered only after a finding by the planning and zoning commission and the city council that the proposed use satisfies the following criteria: 1. Is so designed, located and proposed to be operated so that the public health, safety and welfare will be protected. Although a site plan has not been submitted for full review, the conceptual site plan appears to provide the necessary elements needed to insure protection of public health, safety and welfare. 2. Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. 3 87 of 178 Other affordable housing projects in the City include Pelican Isles on Powerline Road (150 family units), and Grace's Landing on Louisiana Avenue (70 senior units), both of which are located in close proximity to each other. The proposed location of this project is significantly removed from these existing apartments, and in the southeast portion of the City. 3. Based on the scale, intensity and operation of the use, shall not generate unreasonable noise, traffic, congestion, or other potential nuisances or hazards to contiguous residential properties. As noted on the conceptual plan aerial, there appears to be little impact to other residential properties in the area. Vacant land to the north (in the County) is zoned CG (Commercial General) with a land use designation of C/I (Commercial/Industrial). 4. Conforms to all applicable provisions of the district in which the use is to be located. The site will be required to conform to the Commercial General (CG) zoning district standards, plus the minimum living area standards of the RM -8 zoning district. 5. Satisfies specific criteria stipulated for the respective conditional use described in this article. As part of the site plan approval process, an additional public hearing will be conducted by the Planning and Zoning Commission to determine compliance with the specific conditional use criteria identified in Section 54- 2- 6.4(36A)b for qualified affordable housing stated as follows: 1. To qualify for this conditional use, a project must participate in and comply with a state or federally sponsored affordable housing initiative. 2. Maximum density shall be 12 residential units per acre. 3. The minimum living area standards of the RM -8 zoning district shall apply. The site plan must prove compliance with these items for approval of the conditional use. 6. Is consistent with the Code of Ordinances and Comprehensive Plan. The concept of qualified affordable housing appears to be in conformance with the Comprehensive Plan. Full review and approval of the detailed site plan will determine compliance with the Land Development Code (Chapter 54 of the Code of Ordinances). 4 88 of 178 ADDITIONAL CONSIDERATIONS The applicants estimate the project costs to be +/— $14,000,000. They also estimate the creation of 39 direct jobs and 200 indirect jobs enhanced from the operation of the project. In light of the future closure of the Shady Rest Mobile Home Park with its 117 mobile home sites, this project may help with the relocation of those residents. During the review of similar request for a qualified affordable housing special exception at another location, staff discovered that a state statute exists which provides for an affordable housing property tax exemption for property owned entirely by a nonprofit entity. Our research determined that Pelican Isles has qualified for that exemption for the last two tax years and therefore paid no property taxes during that period. Grace's Landing continues to pay ad valorem taxes. In response to staff concerns, Attorney Nevin Zimmerman, representing the applicants, has stated that for at least the first 15 years of the life of the project, the proposed ownership structure would prohibit qualification for an ad valorem tax exemption. Attorney Zimmerman's letter is attached for reference. CONCLUSION On October 17, 2013, the Planning and Zoning Commission held a public hearing to consider the special exception permit and recommended approval by a 6 -1 vote. Draft minutes of that meeting are attached. In summary, approval of the special exception to allow qualified affordable housing on the subject property will allow a density increase resulting in a maximum of 88 residential housing units on the property (12 units per acre). If denied, a maximum of 59 residential units will be allowed as multifamily development (8 units per acre). RECOMMENDED ACTION Conduct public hearing. Move to approve, approve with conditions, or deny Resolution R -13- 36. 5 89 of 178 RESOLUTION NO. R -13 -36 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR QUALIFIED AFFORDABLE HOUSING AS A CONDITIONAL USE IN THE COMMERCIAL GENERAL ZONING DISTRICT SPECIFICALLY FOR A 7.4 ACRE PROPERTY AT 9707 U.S. 1 AND NORTH OF THE PUBLIX SHOPPING CENTER AT U.S. 1 AND BARBER ST.; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Plaza of Cottages, LLC and Highpoint Commercial Center, LLC has filed an application for approval of a special exception to allow qualified affordable housing as a conditional use in the Commercial General (CG) zoning district for their property consisting of 7.4 acres located at 9707 U.S. 1 and north of the Publix Shopping Center at Barber Street and U.S. 1; and WHEREAS, the Planning and Zoning Commission held a public hearing on October 17, 2013, and recommended approval of the special exception, by a vote of six (6) in favor and one (1) against. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINDINGS. The City Council of the City of Sebastian does hereby find: a. The approval of the application for a special exception will not be detrimental to the public safety, health or welfare, or be injurious to other properties or improvements within the immediate vicinity in which the property is located based on criteria established in the Land Development Code; and b. The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district; and 90 of 178 C. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. Section 2. APPROVAL. The application for approval of qualified affordable housing as a conditional use in the Commercial General zoning district specifically for 7.4 acres of property owned by Plaza of Cottages, LLC and Highpoint Commercial Center, LLC, and located at 9707 U.S. 1 north of the Publix Shopping Center at Barber Street and U.S. 1, is approved. Section 3. CONFLICT. herewith are hereby repealed. Section 4. EFFECTIVE DATE. upon its adoption. All resolutions or parts of resolutions in conflict This resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Vice Mayor Councilmember Councilmember Councilmember 2 91 of 178 The Mayor thereupon declared this Resolution duly passed and adopted this 13`h day of November, 2013. ATTEST: Sally A. Maio, MMC City Clerk 3 CITY OF SEBASTIAN, FLORIDA Mayor Approved as to form and legality for reliance by the City of Sebastian only: Robert Ginsburg, City Attorney 92 of 178 tol FY OF SEBASTIAN COMPREHENSIVE PLAN HOUSING ELEMENT Table III -13: Subsidized Rental Housing Communities Housing Credits 9 %: The Low Income Housing Tax Credit Program - 9% provides a dollar- for -dollar tax credit` over ten years against federal tax liability in exchange for the new construction or acquisition and substantial rehabilitation of affordable rental housing units by nonprofit and for -profit organizations. This is a competitive allocation of tax credits. At least 20 percent of units are to be set aside for households at or below 50 percent of AMI, or at least 40 percent of units are to be set aside for households at or below 60 percent AMI. Rent restrictions are also in place. SAIL: The State Apartment Incentive Loan (SAIL) program provides low- interest -loans on a competitive basis to affordable housing developers to bridge the gap between the development's primary financing and the total cost of the development. SAIL is funded through the State Housing Trust Fund. A minimum of 20 percent of units must be set aside for families earning 50 percent or less of area median income. Developments that also have housing credits may use a minimum set -aside of 40 percent of the units for residents earning 60 percent of area median income. There are no rent restrictions. Source: City of Sebastian, 2008. Ccmd�Isriyn 9nnovulians, 9nc ADOPTED April 22, 2009 III -28 93 of 178 CITY OF SEBASTIAN COMPREHENSIVE PLAN HOUSING ELEMENT Policy 11.6: The City shall utilize Crime Prevention Through Environmental Design (CPTED) principles in order to increase the safety of housing developments. Policy IV: The City shall allow mobile home parks in certain residential zoning districts where adequate public facilities and services are available. Mobile home parks should be located adjacent to areas with a comparable density of development or near small-scale convenience or neighborhood commercial activity, in areas accessible to arterial and collector roads; and they should be located within reasonable proximity to community facilities. Policy L18: The City shall promote mixed -use developments that include provisions for a wide variety of housing types and .prices in close proximity to support facilities. Policy 1.19: In order to maintain housing policies responsive to changing conditions, problems, and issues, the City shall undertake special housing studies as needed in order to develop specific local strategies for resolving unanticipated housing problems and issues. Objective 1.2: Affordable Housing. The City shall encourage and assist the private sector in the provision of safe, clean, and affordable housing for special needs populations of the City, including the workforce and low and moderate - income households. Policy 12.1: The City shall encourage private investors, developers and landlords to actively participate in meeting the housing needs of very low, low and moderate income households through involvement in Federal, State and local housing programs. Policy 1.2.2: The City shall participate in regional initiatives directed toward educating local governments of new techniques especially programs applicable to the region and /or the County, for promoting affordable housing. Policy L2.3: The City shall offer incentives to developments with affordable housing units that meet all of the location criteria in Policy L2.7. These incentives shall include, but are not limited to, expedited permitting deferment and /or waiver of building permit fees, impact fees and inspection fees. Policy L2.4: In drafting updated land development regulations, the City shall ensure that regulatory techniques and review procedures do not create barriers to affordable housing. Policy L2.5: The City shall, through the land development regulations, encourage the development /redevelopment of housing that will integrate divergent bnd'Veri`gn 9nnovaiiow, 9ne- ADOPTED April 22, 2009 HI-49 94 of 178 CITY OF SEBASTIAN COMPREHENSIVE PLAN HOUSING ELEMENT choices of housing, including housing type and ownership status, across all neighborhoods. Policy 1.2.6: The City shall review the regulatory and permitting process to determine whether there is a need to streamline the process. Policy 1.2.7: The'City shall continue to require that sites for affordable housing have access to the following facilities, services and /or activity centers: • Potable water and central wastewater systems; • Employment centers, , including shopping centers which accommodate stores offering household goods and services needed on a frequent and recurring basis; • A major street (i.e., included in the City's major thoroughfare plan); • Public parks, recreation areas, and /or open space systems; and • Adequate surface water management and solid waste collection and disposal. Objective L3: Special, Needs Households. The City of Sebastian shall ensure that opportunities for group homes and foster care facilities as well as housing for the elderly are provided within the City. This objective shall be measured through the implementation of the following policies. Policy 1.3.1: The City shall include in the Land Development Regulations adequate standards for the location of community residential homes, including group homes, in residential areas in accordance with applicable Florida Statutes. Policy 1.3.2: The City shall continue to support organizations that assist elderly and handicapped citizens in finding decent, accessible, and affordable housing. Such support may include technical assistance and the adoption of alternative code requirements. Policy 1.3.3: All group homes, foster care facilities, community residential homes and similar developments shall contain requisite infrastructure including. potable water, adequate surface water management; and approved system of wastewater disposal; and an adequate system for solid waste collection and disposal. The sites shall also be free of safety hazards and all structures shall comply. with City ordinances and applicable State laws including applicable licensing and program requirements of the State. Policy 1.3.4; In an effort to address problems of housing for lower income elderly residents and other households with special housing needs, the City shall allow for the placement of retirement communities and elderly care fAnd'Vae3n 9nnova6ow, 9nc . . . III -50 ADOPTED April 22, 2009 95 of 178 CITY OF SEBASTIAN COMPREHENSIVE PLAr4 HOUSING ELEMENT facilities in areas of residential character as long as they are designed in a manner that is compatible with the character of the neighborhood. Objective 1.4: Relocation Housing: The City shall provide uniform and equitable treatment to persons and businesses displaced by State and local government programs, consistent with Section 421.55, F.S. Policy L4.k When residents are displaced by City actions, though public development or redevelopment, the City shall attempt to ensure the residents are able to relocate to standard, affordable housing. Policy L4.2: The City shall coordinate with appropriate agencies 'to prepare plans of action regarding relocation of residents, before programs are enacted that will create displaced households. Such plans shall include, but are not limited to, the following: • Timing of the relocation, • Assessment of the need for the program which will displace households, • Costs associated with the displacement of such households, and • An assessment of the household's needs and the impact of the relocation on the household, including: • Location and the effect of a new neighborhood location on the household's distance to job, schools, and social activities, and • The adequacy of public transit, if applicable at the time, to serve the displaced household. GOAL 2: PRESERVATION. Encourage the preservation of decent, safe and sanitary housing for the present and future residents of the City of Sebastian. Objective 2.1 Housing Stock and Neighbo hoods. The useful life of the existing housing stock shall be conserved through effective implementation of regulatory action programs directed toward preserving neighborhood quality, including conservation of natural resources, maintenance of community facilities, and code enforcement activities. Policy 2.11: The City shall promote the rehabilitation of deteriorated substandard housing units to increase the supply of affordable housing. Policy 2.L2: The City shall continue to enforce the building, housing, plumbing, energy, electrical, and other construction . codes to ensure the maintenance of standard housing and to _achieve necessary corrective action where non - compliance exists. Zand'Variyn ADOPTED April 22, 2004 96 of 178 BURKE HUTCHISON WALTERS SMITH October 16, 2013 Us W. BURKIi ROB BLuE,JR. EDWARD A. HUTCHISON,JR. ELIZADETH J. WALTSns' DoOOLAE L. SMITH + MICHAEL S. BURKE M. TODD BURKe WILLIAM S. HENRY" WILLIAM C. HENRY "* JOY MARLER MASTERS +++ J. CHRISTOPHER BARR MICHARL J. HAUVERSDURR MICHA9LJ. HENRY CLARK T.Roosns NEVIN J. ZIMMERMAN Dus-rm N. DAILET Joseph Schulke .07CDDNS61 Schulke Bittle & Stoddard LLC ` ALSOADMITreD IN ALABAMA "ALSOADMRTSD IN Gw Rom 1717 Indian River Blvd., Suite 201 ,. Am ADMITILD IN New YDRx + CERTI)le D CIRcDIT COURT M iD1ATOR Vero Beach, Florida 3260 + ++ LL.M.INTAxAnoH Re: Special Exception Permit, Qualified Affordable Housing as a Conditional Use City of Sebastian Planning and Zoning Commission Dear Mr. Schulke: As you are aware, I am the attorney that represents Avery Way Apartments, LLC, the entity that has a contract to purchase the property that is the subject of the Conditional Use request from the present owners, Plaza of Cottages, LLC and Highpoint Commercial Center, LLC. You have requested that I respond to the comment in the Staff Memorandum dated October 9, 2013 on the above referenced request for a Conditional Use that states: "On the negative side, a state statute exists which provides for an affordable housing property tax exemption for property owned entirely by a nonprofit entity...If this qualified affordable housing project is transferred to a nonprofit corporation, they may apply for the tax exemption and the property would no longer generate tax revenue." Short Answer. The short answer is that at least for the first fifteen years of the life of the project the proposed ownership structure would prohibit qualification for an ad valorem tax exemption. After 15 years is would be possible to sell to a nonprofit but highly unlikely. The reason this project could work financially is because there will be a private for - profit owner who wants to enjoy the tax credits that are generated. A'nonprofit receives no benefits from tax credits. To be exempt from paying ad valorem taxes one needs a 5016 tax exempt owner that is using the property for an exempt purpose. With the Avery Way affordable project there will be an exempt use of the property but the owner will not be an exempt nonprofit. The rule in Florida is W.A NAMA CITY PANAMA CITY BEACH SANDESTM T 11I MCKBNZ7E AVENUE 16215 PANAMA CITY BEACH PARKWAY GRAND BOULEVARD OFPICE PLAZA PANAMA CITY, FLORIDA 3240I PANAMA CITY BEACH, FLORIDA 31413 19s GRAND BOULEVARD, .SUITS I07 TELEPHONE (850) 769.1414 TELEPHONE (850) 236 -4444 SANDESTrN, FLORIDA 32550 FACSIMILE (850) 784 -0857 FACSIMILE (850) 236 -1313 TELEPHONE (850) 167 -9498 FAcsiMILE(850)267-9499 97 of 178 that the ownership entity must be owned 100% by a single 5010 exempt entity to qualify for an ad valorem tax exemption. See Florida Statutes s.1 96.192 and Florida Statutes s.196.1978. Description of the Project. The project is intended to have 89 units with 54 (61 %) restricted to serve low income tenants. Low income tenants are tenants that make 60% or less of the AMI (average median income). The purchaser, Avery Way Apartments LLC, will be managed by Plaza of the Cottages, LLC, a for - profit LLC with Dr. Hal Brown and Dr. Wayne Sinclair as members. After tax credits are sold and the project is financed, then a new for -profit Tax Credit Partner will own 99% of Avery Way Apartments LLC for 15 years as the Tax Credit Partner. During this 15 year time frame, the Tax Credit Partner will each year utilize a portion of the total tax credits that were generated to offset income taxes it otherwise would have had to pay. Tax Credits. The only way it is financially feasible to construct this affordable project is for Avery Way Apartments, LLC to have tax exempt bonds issued so that it can obtain and then sell tax credits to raise approximately $2,400,000 in equity from the new Tax Credit Partner. The tax credit sale proceeds ($2,400,000) will be invested into the project. The incentive for the Tax Credit Partner to invest this cash into the Avery Way project (that will have reduced rental income from low income tenants on 61% of the units) is that each year for 15 years the Tax Credit Partner will receive tax credits. Tax credits cannot be utilized by a nonprofit entity since it pays no income taxes; therefore a nonprofit has no reason to buy and the Tax Credit Partner has no reason to sell its position to a nonprofit entity. After the tax credits are used up in 15 years, the Tax Credit Partner exits the Avery Way Apartments LLC and it will be owned entirely by Plaza of the Cottages LLC (who has remained its managing member). Although after 15 years it is theoretically feasible for the property to be sold to a nonprofit (since there are no tax credits left), the reality is that there are a variety of factors that mitigate against a nonprofit purchasing the project at this point. Affordable Housing Property Exemption. The state statute granting an exemption for affordable projects is pasted in below, and (as stated previously) since the sale of tax credits to a for - profit corporation is essential for the economic viability of the project, the project will not be "owned entirely by a nonprofit entity" as required by the statute. Effective: July 1, 2013 West's Florida Statutes Annotated Currentness Title XIV. Taxation and Finance (Chapters 192 -221) (Refs & Annos) Chanter 196. Exemption (Refs & Annos) (see next page) 98 of 178 196.1978. Affordable housing property exemption Property used to provide affordable housing to eligible persons as defined by s. 159.603 and natural persons or families meeting the extremely- low - income, very- low - income, low- income, or moderate - income limits specified in s. 420.0004, which is owned entirely by a nonprofit entity that is a corporation not for profit, qualified as charitable under s. 501(c)(3) of the Internal Revenue CodePNI and in compliance with Rev. Proc. 96 -32, 1996 -1 C.B. 717, is considered property owned by an exempt entity and used for a charitable purpose, and those portions of the affordable housing property that provide housing to natural persons or families classified as extremely low income, very low income, low income, or moderate income under s. 420.0004 are exempt from ad valorem taxation to the extent authorized under s. 196.196. All property identified in this section must comply with the criteria provided under s. 196.195 for determining exempt status and applied by property appraisers on an annual basis. The Legislature intends that any property owned by a limited liability company which is disregarded as an entity for federal income tax purposes pursuant to Treasury Regulation 301.7701- 3(b)(1)(ii) be treated as owned by its sole member. I trust this information is useful to respond to the comment from the Community Development Department. My client believes that having a quality affordable housing project in the City of Sebastian should have numerous benefits for the citizens. Sincerely yours, BURKE BLUE HUTCHISON WALTERS & SMITH. P.A. 1 Nevin J. Zimmerman NJZ/cbb 99 of 178 Permit Application No. pia City of Sebastian �,►� Development Order Application on Applicant if not owner, written authorization notarized from owner is required) Name: Plaza of Cottages, LLC and Hi h oint Commercial Center, LLC Address: P.O. Box 1206, Vero Beach, FL 32961 -1206 Phone Number ( 772 ) 567 -6340 FAX Number (772 ) 567 - 3564 E -Mail: dochwb@bellsouth.net Owner If different from applicant) Name: Plaza of Cottages, LLC and High point Commercial Center, LLC Address: P.O Box 1206, Vero Beach FL 32961-1206 Phone Number. ( 772 ) 567 -6340 FAX Number. ( 772 ) 567 - 3564 E -Mail: dochwb@b llsouth.net Title of permit or action requested: Special Exception PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Avery Way Apartments / Senior Living B. Site Information Address: 9707 US Hwy 1 Sebastian FL; 100 Cottage Place Sebastian FL; 9695 US Hwy 1 Sebastian FL Lot: Block: Unit: Subdivision: See attached legal descriptions Indian River County Parcel #: 31392000000100000018.0; 31392000000100000018.1; 31392000000700000003.0; 31392000000700000001.0 Zoning Classification: Future Land Use: CG Commercial General Commercial General Existing Use: Proposed Use: Undeveloped Multi-family C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): See Attachment A "Description of Proposed Activity" DATE RECEIVED: L /x/ja FEE PAID: $ IW -JD io RECEIVED DECEIVED AUG 15 2013 City of Sebastian Community Developmoni 0@J%1.100 of 178 Permit Application No. D. Project Personnel: A nt• Name: . i Address Phone Number. ( ) - FAX Number. ( ) - E -Mail: Attome : Name: Address Phone Number. ( ) - FAX Number. E -Mail: Engineer. Name: Schuike, Bitde & Stoddard, LLC, Attn: Joseph @V: Schuike, P.E. Address 1717 Indian River Blvd., Suite 201, Vero Beach:,: FL 32960 Phone Number. ( 772 ) 770 - 9622 FAX Nu,h ber. ( 772) 770 - 9496 E -Mail: jschulke@SbsengineerS.com Some or: Name: Meridian Land Surveyors Address 1717 Indian River Blvd., Suite 201, Vero Beach, FL 32960 Phone Number. ( 772 ) 794 - 1213 FAX Number. (772 ) 794 - 1096 E -Mail: rls5755 @bellsouth.net I: I, Hal BMM . BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X_ I AM THE OWNER X I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND TYAT ALL THE INFORMATION, MAPS, DATA AN4 /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUF TO THE BEST OF MY KNOWLEDGE AD BELIEF. I / I SIGNATURE / / j DATE •� T SWORN TO AND SUBSCRIBED BEFORE ME BY h► Ci k -w 1> f 0Vj r % WHO IS PERSONALLY KNOWN TOME OR PRODUCED n e? r 5 o^ 1 I 0 4 k n Darn AS IDENTIFICATION, THIS I S_4A DAY OF .`20 NOTARY'S SIGNATUREAAflvh.4^ -P PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION V -,4 -lo 1.f7 SEAL: USANNE K- WINTERS ` NOTARY PUBLIC STATE OF FLONDA Comm# EE087453 Expires 4/25=16 101 of 178 Permit Application No. The following Is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. 1/M, X THE OWNER(S) / THE LEGAL REPRESENTATIVE OF THE OWNERS) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE City Staff and Council BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. 1/1iUE HEREBY WANE ANY OBJECTION OR DEFENSE 11WE MAY yyppVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBERIENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTAWIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, B ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE t DATE Swom to and subscribed before me by E 6 t.y n who Is personally known to me or produced bail-, as Identifkation, this !TI'"` day of .fir y (v . 20--LL.. Notary's Signature j< Printed Name of Notary L, scan ne 1g, , rx4ers Commission No./Expiration Y •.1 S- 0 15 j Seal: W4ANNE It..W1 W8 NOTARY PUBLIC STATE OF FLORIDA . Comm# EE087453 Expires 41264 16 102 of 178 Permit Application No. ""0F� Supplemental Information Special Use Permit (ATTACH ADDITIONAL PAGES IF NECESSARY.) HOME OF PELICAN ISLAND 1. Describe the use for which this special use permit is being requested: See Attachment B "Supplemental Information" 2. Describe how the granting of the special use permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located. (Attach additional pages, if necessary) See Attachment B "Supplemental Information" 3. Describe how the use requested is consistent with the purpose and intent of the respective zoning district, and that the use is similar in nature and compatible with the uses allowed in such district. (Attach additional pages, if necessary): See Attachment B "Supplemental Information" 4. Attach a list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. See Attachment C "Adjacent Property Owners" 103 of 178 Attachment A - Description of Proposed Activity Avery Way Apartments Senior living with services (55 Years and older restricted) The project is designed to accommodate independent living tenants of 55 years of age or disabled of any age. The project is programed for 89 units that include 6 two bedroom units and 83 one bedroom units. Unit sizes are anticipated to be 750 square feet for the one bedroom units and 850 for the two bedroom units. Two bedroom units will have two full baths. This design will accommodate associated couples, brothers or sisters. The facility will have community spaces: Library Dining and community area Gaming area Computer Room Private meeting / exam rooms (we anticipate having general checkup available for eye, hearing and general health) Exercise space Administration office Services that will be optionally provided will be: Transportation Social Services Personal assistance Medication Reminders Meals Housekeeping Laundry Other (as tenants require) The design of the facility and its location address the needs of the proposed tenants quite nicely. The location provides nearby: Banking Public transportation Grocery Pharmacy Multifamily affordable senior (55 +) housing: The site is zoned CG (Commercial general). The code permits any permitted use that's allowed in the RM -8 multi - family zoning district to be in the CG commercial district. Therefore, multi- family housing is a permitted use on this site. The site must meet size, intensity of use and dimensional criteria of the CG district, but is limited to 8 units per acre per the RM -8 requirements. However, the code provides the opportunity for a density bonus (from 8 - up to 12 units per acre) if the project is a qualified affordable housing project [56- 2- 6.4(36a)], and if the site is zoned CL. Therefore, since this site is zoned CG (not CL), this site can only receive a density bonus if it receives approval for a Special Exception. This approval requires staff review, P&Z hearing for recommendation, and city council hearing for approval. It will ONLY qualify if the project is a Qualified Affordable housing project (state or federal funded). Page 1 of 2 104 of 178 Attachment A - Description of Proposed Activity Affordable Housing — Florida Housing Finance Corporation Avery Senior Living is proposing 91 units of Affordable Housing utilizing 4% Tax Credits and Tax Exempt Bods authorized by the Florida House Finance Corporation. Background The Housing Credit (HC) program provides for - profit and nonprofit organizations with a dollar - for- dollar reduction in federal tax liability in exchange for the acquisition and substantial rehabilitation, substantial rehabilitation, or new constriction of low and very low income rental housing units. Eligible development types and corresponding credit rates include: new construction, nine percent (9 %); substantial rehabilitation, nine percent (9 %); acquisition, four percent (4 %); and federally subsidized, four percent (4 %). A Housing Credit allocation to a development can be used for 10 consecutive years once the development is placed in service. Qualifying buildings include garden, high -rise, townhouses, duplexes /quads, single family or mid -rise with an elevator. Ineligible development types include hospitals, sanitariums, nursing homes, retirement homes, trailer parks, and life care facilities. This program can be used in conjunction with the HOME Investment Partnerships program, the State Apartment Incentive Loan program, the Predevelopment Loan program, or the Multifamily Mortgage Revenue Bonds program. Each development must set aside a minimum percentage of the total units for eligible low or very low income residents for the duration of the compliance period, which is a minimum of 30 years with the option to convert to market rates after the 14t year. At least 20 percent of the housing units must be set aside for households earning 50 percent or less of the area median income (AMI), or 40 percent of the units must be set aside for households earning 60 percent or less of the AMI. Since its inception in 1987, Florida Housing's Housing Credit program has allocated over $201 million in housing credits toward the production of more than 53,000 affordable rental units. Page 2 of 2 105 of 178 Attachment B - Supplemental Information 1. Qualified affordable housing [56- 2- 6.4(36a) at a maximum density of 12 units per acre. This use is typically a permitted use in the CL district but not the CG district. 2. The property is surrounded by commercial retail and industrial development (Publix shopping center to the east, Walgreens to the southeast, FEC railroad to the west, and industrial property adjacent to the FEC railroad further west). Permitting of this senior affordable housing (considered a low intensity use) adjacent to these existing uses (considered a more intense type of use) is not expected to affect the public safety, health or general welfare, or cause harm to these properties. Rather, the specific adjacent existing uses are compatible and complimentary to the senior housing: - Publix Grocery Store, SunTrust Bank, hair salon, Walgreens Pharmacy and several restaurants within walking distance (east, south east). - Social /Fraternal organization (with primarily older aged members) is within walking distance (west). - Storage facilities providing opportunities for seniors' cars, RV's, boats, or other incidentals are nearby (west). - Public transit stops exist within walking distance at the adjacent Publix shopping center, which provides travel opportunities to almost all important destinations within Indian River County. Further, the location of this project is not within the immediate vicinity of other senior and /or affordable housing developments and is near other types of residential uses, including single family, unrestricted multi - family, and mobile home communities. This assists the City in maintaining a diverse mix of residential uses throughout the municipality. 3. Multi- family senior housing is permitted within this district but limited to 8 units / acre in lieu of 12 units / acre. The proposed use with the 12 unit / acre density bonus is permitted within the CL district, which is a similar but less intense commercial zoning. The applicant and staff cannot determine why this differentiation was made in the code, but at previous meetings, the applicant and staff agreed that the use at this location is compatible and complimentary to the adjacent uses. Qualified affordable senior housing is a sensible use for this site at this location. 106 of 178 Avery Way Apartments- Proiect Summary General Description: *Location: - Barber Street and US 1, - behind the Publix - Situated on 7.4 acres - zoned CG. *Senior living with services: accommodate independent living tenants of 55 years of age or disabled of any age. - programed for 88 units - 6 two bedroom units - 82 one bedroom units. *Unit sizes: -750 square feet one bedroom, and 850 for the two bedroom units. - design will accommodate associated couples, brothers or sisters. *Community spaces: Library, Dining and community area, Gaming area, Computer Room Private meeting / exam rooms (for general checkup available for eye; hearing and general health), Exercise space, Administration office *Optionally provided services: Transportation, Social Services, Personal assistance, Medication Reminders, Meals, Housekeeping, Laundry, Other (as req'd) The design of the facility and its location address the needs of the proposed tenants. The location provides nearby: Banking, Public transit, Grocery, Pharmacy 107 of 178 Development Team: The applicant owner is Avery Way Apartments, LLC, with its sole Managing member — Plaza of the Cottages, LLC (with members being Dr. Hal Brown (Trust)and Dr. Wayne Sinclair) Owner: Avery Way Apartments, LLC Wayne Sinclair and Revocable Trust of Hat R. Brawn 1265 36th Street Vero Beach, FL 32960 772- 567 -3564 Developer. H AND W ASSOCIATES, LLC Wayne Sinclair and Hal Brown 1265 3e Street Vero Beach, FL 32960 406 -544 -7257 TIM BIRK 2239 Lower Valley Road Kalispell, MT 59901 Architect: Anthony Donadio Donadio & Associates, Inc. 60917' St. Vero Beach, FL 32960 772 - 7942929 Contractor. James Adams dba Passageway Construction. 1910 82nd Avenue, Suite 202 Vero Beach, FL 32966 772 - 778-3143 Engineer. Joseph W. Schulke, P.E. Schulke, Bittle & Stoddard, LLC Vero Beach, FL 772 - 770 -9622 Attorneys: Nevin Zimmerman, Esq. Burke Blue Hutchison Walters & Smith, P.A. 221 McKenzie Ave. Panama City, FL 32401 (850) 215 -6604 108 of 178 Proposal: *Request for approval of a Special Exception to permit Qualified Affordable Housing at THIS SITE at a maximum density of 12 units per acre. Within the CG district, all RM -8 multi- family zoning district uses may be developed, including multi - family housing. The site must meet size, intensity, and dimensional criteria of the CG district, AND is limited to 8 units per acre. The code provides the opportunity for a density bonus (from 8 - up to 12 units per acre) if the project is: - a Qualified Affordable Housing Project [56- 2 -6.4(36a)] - the site is zoned CL. Therefore, since this site is zoned CG (not CL), this site can only receive a density bonus if it receives approval for a Special Exception. Consistent with the Comprehensive Plan: This project enables the City to meet its Comprehensive Plan Objective (Policy 1.2.1): to encourage private investors and developers to "actively participate in meeting the housing needs of very low, low and moderate income households through involvement in Federal, State and local housing programs." *88 unit senior age restricted facility that allows tenants to age in place *54 of the 88 units are restricted to serve low income tenants (61 %) *low income tenant is defined as making 60% or less of AMI *project is made possible by utilizing the Federal and State 4% tax credit program (credits are sold to an investor) *estimated rents for the restricted units are $699 monthly (1 bedroom) to $816 monthly (2 bedrooms) 109 of 178 Economic Benefits: The local economy will benefit from the construction of this project *Total project costs estimated at $14,000,000 +/- *local construction jobs and businesses will benefit during construction *after construction it is estimated that there will be 39 direct jobs created and 200 indirect jobs enhanced from the operation of the project *the tenants will be shopping and spending money in the City *ad valorem taxes will be paid on the completed project to the School Board, the County and the City Right Location: *This site will not present or create an unduly adverse impact upon other properties. - No City wide Impacts: a stated staff concern was that many affordable housing developments are concentrated around Main Street. This site is far removed from this vicinity, and near and therefore, will not contribute to or expand this trend. - No Local Impacts: the property is surrounded by commercial retail and services, and is within walking distance of the elderly clients: Grocery, pharmacy, restaurants, banking, hair salon. The uses are compatable and complimentary. - Other residential uses: nearby uses are diverse, and include single family, unrestricted multi - family, and mobile home communities. This additional use continues the varied and diverse mix of residential uses in the city and within the vicinity. * Transportation — public transit stop within walking distance at adjacent Pubiix — providing Transit to most areas of the city and IRC. * Comprehensive plan — meets all Location criteria of policy 1.2.7 110 of 178 o„ PRESERVE! 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WALGREEW �a NORTH GRAPHIC SCALD lasual I Y�vC4 R w0T1A . urnr,.. wucalaAOwrulwllrron� «wlwwlmamuroswaclr g0�m�i,MlO6 MSAOtM,MKfwiER KlulrY.q CUM,11lslC¢,,[R ♦ ALL CPa11CCTPIPIPMroYLOL ,O,�u1OnPYWlw,siuG•IIp JJO pEP,f ,Oia 4 41YrJOrmATaC„o.OlYn roxOb�IQIRC.1lilJ„OYUVra YOO[arAnfa :nwnc Poe OY.Im Ra.,raAU P v vwA. a uwaY wre� araa�umvm,Aa , Y�wlcmP. ama „rA.IPIn.n..uu......P,..PY,.wwc rla.un owxl�r ra+w, w. •n >a el 4vq�B d IJt /ll�:fl'!i V E J �8 Q Jill rF- VJ �J' va R$ J ti�« m c D rb EL Z Q 7 � m W IX UO O� U cn Q 0 y~jK 2 W O I W 21 �m� I Jd N W — i ^ p N In U CSP -6 111 of 178 QLOI� SAW cr sumo n.o .ate. mw woa wW�WlMY3 mv"LLLLLL%tl! rm-oLLlul l3l OO6Lt volUO'U 'X0138 Ob3A IOZ 31L19 "OAlO U310 WON] LILT - - -- smom — wlaaw+,cr F -T^^-•°^ IV163V VOlaOIJ 'NVUV83S avUMW „°°""',OW - MWVV LAYL • 2WMd G raa 7Wa V s'° NHId - ivnid3ONOO 133a1s usave a i sn 'O'-"1 'oN c3c3Ol8 8 311118 'a)rinHO$ I A183808d IVI383NW03 o O o a 0 Tr. IBM �r P-Wu 56a5tian Senior Houaing 5ebaotlan, Florida RwrrL., A OCOID 610+14Yp D ODD NF64 RmIp1 p--/ DONADIO FIRST FLOOK PLAN A2.10 114 of 178 P14-k Sebastian 5enlor Housing 5ebastlan, FloHJa Fc+Pwl \ OO�A S(lEM 1 OOW.D GR84 dill �'% DONADIO SECOND FLOOR PUN " X11 115 of 178 5eba5tian 5enior Housing 5ebastlan, Florida � aamo ainv a m,�o error: [uurcw .+... Tm DONADIO IAOxWy A�hc�1A 2a Z W uwrr (6�LSdiG- �M A212 116 of 178 01 ONE BEDROOM FLOOR PLAN TOTAL AREA 727 G.S.F. 02 TWO BEDROOM FLOOR PLAN TOTAL AREA 1,069 G.S.F. P Jza 5eba5tian 5enlor Housing 5ebast4an, Florida —�C"M, Rey Plan mrz4re nprr mew o seen ertaH.P�m, II� E'a'r DONADJO UW Pws p� A230 117 of 178 8 — --- - - • - -- -moo ®I 01 EXTERIOR ELEVATION LOOKING WEST 5�a:+rc `- -- -- -- -- -- -- - -- --- — iffilk — -_--------------- -' -'- - - b9..+ --- -- -- - -- --- -- -' ® -'- - mmommmOMEN - -' -'- - ....................... ®- -- -- - -- --- - - -- - -- --- MOME9 - - -- --- -- - -- --- - EEO -- - - ----- - -'--- .- - -- -- -' --- - 02 EXTERIOR ELEVATION LOOKING NORTH --- ' - - - -- ------------------------ ® 121101. - - -' -'- -- - - -' -'- - -'- -' -'- -' -' -' ..- -' - -- - -- - -- I 9m - -'- - - - HM -' - - - - -'- - - - Im ' - - - - -' m ff - ._.J�IlI90E� J PARTIAL EXTERIOR ELEVATION LOOKING NORTHWEST P.J a 5eba5tian Senior Housing 56a5tian, Florida A ODODJ) 0.M12d A OGO.D N[PN f6VM� iRiN LI EI1� DONADIO EXTERbR SAT, ✓SSW r� A5.10 118 of 178 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 17, 2013 Jan King verified that there were no further improvements needed. She stated that the loalm, preliminary plat meets the zoning district requirements for minimum lot sizes and that staff recommends approval. Lizam Mr. Dodd asked who was going to manage the stormwater tractllake on the property. Ms. King stated maintenance was spelled out in the Final Plat dedications of the original one -loth subdivision, along with the entrance road responsibility, and would continue with this plat. She explained it was not going to be the City, but the Association [POA]. Mr. Qizilbash asked why the process couldn't go straight to Final Plat. Ms. King stated there was no mechanism in the LDC to skip the Preliminary Plat phase. Mr. Qizilbash had further questions on the access easement. Mr. Schulke explained that because all the lots had street frontages along CR 512, a street right -of -way was not required in the subdivision. Since the easement was not a road, it did not have to meet street design requirements. Mr. Roth asked if there would be any access limitations from CR 512. Mr. Schulke stated they had met with Indian River County regarding access during development of the Sherwin Williams development and discussed any access issues. Chmn. Dodd opened Public Input. No one spoke in favor, or in opposition, of the application. MOTION by Roth /Carter to recommend to City Council to approve the preliminary plat for the Rohm Commercial project. ROLL CALL: Mr. Durr yes Mr. Qizilbash yes Mr. Paul yes Ms. Kautenburg yes Mr. Roth yes Mr. Carter yes Mr. Dodd yes The vote was 7 -0. Motion passed. B. QUASI - JUDICIAL PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL REGARDING A SPECIAL EXCEPTION TO LDC SECTION 54- 2- 5.3.3(c) TO ALLOW QUALIFIED AFFORDABLE HOUSING IN CG (COMMERCIAL GENERAL) ZONING DISTRICT — 7.4 ACRES LOCATED AT 9707 US #1 AND NORTH OF THE PUBLIX SHOPPING CENTER AT US #1 AND BARBER STREET The applicants, representatives, and staff were sworn in by City Attorney Robert Ginsburg. Chairman Dodd asked the Commissioners if they had any ex -parte communication to disclose. There was none. Chmn. Dodd explained that the exception requested is from the 8 units per acre that the RM -8 permitted uses [in CG zoning] allow to the 12 units per acres that qualified housing in the CL zoning district allows. He verified they were to make a recommendation to City Council regarding the density request only, and that this was not a site plan review, which would be later. Mr. Joe Schulke, of Schulke, Bittle, & Stoddard, Inc., Vero Beach, and resident of Sebastian, represented the applicant, and handed the Commissioners a Project Summary of the proposed development (attached), and a letter from the applicant's attorney (attached) regarding the tax exemptions mentioned in staffs report. He reviewed the summary on the overhead projector, which detailed the General Description, Development Team, the Proposal, Consistency with the Comprehensive Plan, Economic Benefits, and Location information. He explained that they had submitted a conceptual site plan to show the relevancy of his Summary details with an actual proposed development. He also stated that without the additional density, economically the 2 119 of 178 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 17, 2013 project could not be built. He noted that the applicant, Dr. Hal Brown, and the architect, Mr Anthony Donadio, were present to answer questions. Ms. Jan King commended Mr. Schulke's detailed summary, and then reviewed two fundamental differences from this application and the last special exception application for qualified housing that the Commission recently reviewed in May and recommended denial to City Council. She stated the Avery Way application included a good conceptual site plan showing enough information for the Commission and Council to determine if the project meets the required criteria to grant a special exception, whereas the previous application for Mr. Skillman offered minimum information to make that decision. She explained and re- examined Commission's previous concern with the "clustering" of the City's affordable housing projects in near vicinity of each other, and offered that the proposed location of Avery Way was a good distance from the other existing projects. She noted the required Findings of Fact were listed in the staff report along with additional staff comments. Chmn. Dodd stated that an item in the staff report that drew his attention was that affordable housing that was operated by a not - for - profit entity did not have to pay ad valorem taxes. He explained that the letter from the applicant's attorney specifically and adequately addressed that concern for him in that the financial structure of the project would not allow a change in the corporation for at least 15 years. Ms. Kautenburg verified that the housing was affordable and for persons 55 and older. She noted the information about the amount of proposed units was inconsistent — 88, 89, and 91 units. Mr. Schulke stated original calculations first used acreage from the tax maps, since from the survey. 88 units was the correct amount. Mr. Paul questioned the information provided in the Summary regarding housing for "disabled of any age" instead of only 55 and older. Mr. Schulke verified with the applicant that it was for disabled 55 and older, and stated it would be corrected for the City Council. Mr. Roth had questions regarding the tax incentives. Chmn. Dodd stated the financial issues were outside the scope of the Commission's review. Mr. Ginsburg opined that it was OK to discuss, but shouldn't be used for the basis of a decision. Density and location were the issues. Mr. Dodd summarized the letter from the applicant's attorney, and read verbatim the portion that referred to the ad valorem taxes. Mr. Paul was concerned with the possibility of the loss of tax revenues to the City if the project qualified for a tax exemption, and felt that was relevant to the discussion of the proposal. He questioned how long Pelican Isle Apartments operated before they were tax exempt. Staff stated it was less than 15 years, but the exemption was an application and process that went through the Tax Collector's office, not the City. In response to Mr. Paul's question, she did not know how much total monies the Apartment's exemption was for. The applicant, Dr. Hal Brown, Vero Beach, stated he and his partner had no intentions of becoming a not - for - profit organization, and had not even looked into the legalities of it. Because of the tax credits they were receiving, they could not for 15 years. His projects were of high - quality fashion, such as the Sebastian Medical Suites, and were 100% leased. He reiterated that he has no reason to become nonprofit. He further explained that this project was intended to help out the 3000 veterans in Sebastian and seniors on waiting lists, was a 14 million dollar project, and would generate numerous job opportunities, and additional taxes. Dr. Brown clarified for Mr. Qizilbash that the housing was 100% age 55 and over - senior living with assistance. Mr. Paul noted the bedroom sizes were listed differently on the conceptual site plan and the Project Summary. Chmn. Dodd opened Public Input. Mr. Warren Neill had questions regarding affordable housing and allowing disabled persons under 55 to live in the apartments, and location of the ingress and egress. 3 120 of 178 r c MAN,i PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 17, 2013 Mr. Ben Hocker, Sebastian, stated he felt that with the amenities being proposed with the project, it was open to becoming a future nursing home, or an assisted living facility, and could be sold to another party in one year. Dr. Brown responded that the apartments will not be open to residents under age 55 with disabilities, the project could not be sold for 15 years because of the tax credit financing, and the project would not become assisted living. Ms. King informed the Commission that a change of use to assisted living would require a Conditional Use hearing before them for approval. Chmn. Dodd commented that the City's Comprehensive Plan included policies to provide increases in affordable housing within the city. Mr. Durr stated that he had a friend living in Shady Rest Mobile Home Park who currently needed to find new housing in the very near future, and he was having a hard time finding affordable housing. He felt the project was good for the city. MOTION by Kautenburg /Durr to move to recommend the special exception permit to the City Council. ROLL CALL: Mr. Dodd yes Mr. Roth yes Mr. Durr yes Mr. Paul no Mr. Carter yes Ms. Kautenburg yes Mr. Qizilbash yes The vote was 6 -1. Motion passed. C. DISCUSSION — OVERLAY DISTRICT PERFORMANCE STANDARDS AS THEY RELATE TO THE GENERAL LAND DEVELOPMENT CODE STANDARDS Chmn. Dodd stated he had requested this item to be added to the agenda as Mr. Durr had brought up the subject and he felt the Commission should discuss it. Mr. Durr's concerns more specifically had to do with the waiver process in relation to the general LDC requirements. Chmn. Dodd reviewed the Sunshine law, history of the Overlay Districts, how he would like the discussion to proceed, and possible next steps. Mr. Ginsburg directed the Commissioners not to mention or involve the projects that would be coming before them for waivers in the near future as a part of this discussion, as it would be an exparte communication (i.e. without the other party present). Chmn. Dodd explained what a waiver was, and it was clarified that a waiver was relief from a specific Overlay District requirement, and that a variance would be needed for relief from requirements in the general code. Mr. Dodd stated waivers and variances were usually granted if a requirement was "onerous" for the developer of a specific project and were valuable tools for staff to negotiate with the developers, and for the Commission in their review of site plans. He felt that they should not be eliminated, but that the discussion should be are the Overlay District requirements too restrictive. Mr. Durr stated his issues were that in the past allowances had been given to applicants /developers that hadn't been approved through waivers by the Commission. He was not sure of staffs abilities to waive requirements. His understanding was that the Overlay Districts superseded the general code, and that staff should be requiring the applicant to apply for a waiver, instead of giving allowances from the general code. He felt strongly on adherence to the Overlay District regulations, and was not in favor of changing them. Because staff may have n 121 of 178 a7 ' r ZJQ A AGENDA TRANSMITTAL Subject: City Manager Recruitment Process for Submittal by: City Manager SUMMARY Agenda No. /. � A Department Origin: City Manager City Attorney: City Clerk: Date Submitted: 7 NOV 13 For Agenda Of: 13 NOV 13 At the writing of this transmittal, the current City Manager has not resigned; however, it is being assumed that by Wednesday, November 13, 2013, a City Manager Agreement between Al Minner and the City of Leesburg will be finalized. Should a resignation from current City Manager be issued between now and the November 13, 2013 Regular Meeting, Council has requested that this item be placed on the agenda to consider: (1) Appointment of a Interim City Manager; and, (2) Initial Discussion to Establish a Recruitment Process for a New City Manager. For your consideration, there are a number of ways to establish a recruitment process for a new City Manager. These processes include (1) immediately hiring an internal candidate; (2) conducting a City Manager search with the Administrative Services Department; (3) seeking consultation from the ICMA Range -Rider Program to seek services of retired City Manager to help in the selection of a new Manager; (4) hiring the services of a professional recruiting firm; or (5) a mixing of all these approaches. The current City Manager Al Minner will be available for recommendations and will ensure a smooth transition. It is anticipated that a formal selection process will be developed based on your discussions at Wednesday's meeting. 122 of 178 Subject: `a• u�.r AGENDA TRANSMITTAL Annual State Delegation Meeting for Submittal by: , City Manager SUMMARY Agenda No. /3 Q - l3 . L Department Origin: City Manager City Attorney: City Clerk: Date Submitted: 7 NOV 13 For Agenda Of: 13 NOV 13 The City received notice from Representative Mayfield that the Annual State Delegation meeting will be held on Thursday, December 5, 2013 at 9 AM in Vero Beach City Council Chambers. This item has been placed on your agenda for Council to discuss topics that the City should present to the Legislative Delegation. 123 of 178 1053 20`s Place Vero Beach, Florida 32960 (772) 778 -5077 Fax: (888) 544-0393 317 House Office Building 402 South Monroe Street Tallahassee, FL 32399 (850) 488 -0952 October 29, 2013 Mr. Jim McPartlan Mayor of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mayor McPartlan, o� �e.rn;SF a s ` VO F�oevr � C. 1/ �7 C14; f Sias ?�,J7 The Florida House of Representatives 07?/ Representative Debbie Mayfield District 54 Committees Business & Professional Regulation Subcommittee, Chair Agriculture & Natural Resources Appropriations Subcommittee Energy & Utilities Subcommittee Justice Appropriations Subcommittee Regulatory Affairs Committee The Indian River County Legislative Delegation meeting will be held on Thursday December 5th. The meeting will begin at 9:00 am in the Vero Beach City Council Chambers. I wanted to reach out to key members of the community to ensure you are informed about what will be required if you would like to be placed on the agenda. Included with this letter is a participation request form, please fill out the form and return to my office by Friday the 22nd of November. Directions on how to properly submit any documents you would like to have distributed to delegation members are included as well. Speaking cards will be made available at the meeting for people who would like to speak briefly. If you have any further questions about the delegation meeting or any other subject please feel free to contact me any time. Sincerely, Debbie Mayfield Representative District 54 Debbie.Mayfield@myfloridahouse.gov 124 of 178 INDIAN RIVER COUNTY LEGISLATIVE DELEGATION 2014 LEGISLATIVE SESSION Hearing: Thursday, December 5th, 2013 In order to be placed on the agenda, all presenters must complete and return the attached Participation Request Form no later than Friday, November 22, 2013. In order to have additional information included in the members' notebooks, please provide 3 copies to the address below no later than Friday November 22, 2013 It is suggested that the information be presented on organization letterhead and that it include any of the following information that is available: • Legislative topic • Brief statement of the issue • Existing legislation by statute number • Any necessary changes to existing legislation or proposed language if the issue calls for new legislation • Supporting statistical information (state and local, as applicable) • Project costs associated with the issue • Names of any Legislators that are already supporting this issue • List of known groups, coalitions, associations, lobbyists, etc. that support or oppose the issue Please limit responses to two pages. If you have questions or need additional information, please call or email the contact below. To be placed on the agenda, please return the attached form by Friday, November 22, 2013. Contact: Andrew Liebert Legislative Aide to Rep. Debbie Mayfield, District 54 1053 201h Place Vero Beach, FL 32960 andrew.liebert@myfloridahouse.gov 772 - 778 -5077 125 of 178 INDIAN RIVER COUNTY LEGISLATIVE DELEGATION PARTICIPATION REQUEST FORM 2014 LEGISLATIVE SESSION Hearing: Thursday, December 5'h 2013 ** MUST BE TYPED OR PRINTED ** Named of Organization: Contact Person: Address: City: State: Zip: Phone: Mobile: Email: Name of person speaking: Is this a funding request? Yes , No , Is this a legislative proposal? Yes , No , Plan/Objective: Requested Delegation action: Have you met with a State Legislator regarding this issue? Yes , No , If yes — Who have you met with: Will you be distributing materials at the hearing? Yes , No , Please return this form by Friday, November 22, 2013, to: Andrew Liebert 1053 20th Place Vero Beach, FL 32960 772 - 778 -5077 andrew.liebert@,myfloridahouse.gov 126 of 178 r • • 1 Utv Uounell Agenda Item Subject: Approval to Proceed with Soliciting Bank Proposals to Provide Funds for Refunding the City's Stormwater Utility Revenue Bonds, Series 2003 and the City's Infrastructure Sales Surtax Bonds, Series 2003 and Series 2003A. Ex Submittal by: City Manager nest for Bank Loan P Agenda No. 13C- -/,3.1-7() Departmept 0 Ad istrative Services City Attorney: City Clerk: Date Submitted: November S, 2013 For Agenda of: November 13, 2013 The City has an opportunity to payoff the outstanding balances of the Stormwater Utility Revenue Bonds and Infrastructure Sales Surtax (DST) Bonds from the proceeds of Bank Loans. The City's Financial Advisor, Ed Stull, Senior Vice President of First Southwest Company has been monitoring these debts and the financial markets for some time and recently proposed this action. Based on the anticipated interest rates we expect from Bank Proposals, he developed the following chart to summarize the possible results, assuming the current maturity dates: Issuance costs are estimated to be approximately $42,638.13 on the Stormwater Utility Revenue Bank Note and $43,264.84 on the DST Bank Note. This covers fees for Bond Counsel, Financial Advisor, City Attorney and any other expenses and was considered in the above calculations. Staff recommends structuring the DST Bank Note with a final maturity of April I, 2017. This keeps the annual debt service about the same and pays -off the debt one year sooner. The Present Value Savings will likely be just 2.4% to 2.6% but we save about $272,000 to $284,000 in 2017 and $1,030,000 in 2018. With the $1 million in debt service we wouldn't have in 2019 anyway, this would give us about $2.3 million to use in the following years for police vehicles and '/4 round expenditures - should the DST funding not be re- authorized by referendum and we have to continue without that funding source. If the City Council agrees to proceed, we will solicit proposals from Banks typically interested in these types of loans. The Bank Proposals and Staff's recommendation will be made at the December 11, 2003 City Council Meeting. RECOMMENDED ACTION Authorize Staff to request Bank Loan Proposals to refund the Stormwater Utility Revenue Bonds, Series 2003 with the same final maturity date and Infrastructure Sales Surtax Bonds, Series 2003 and 2003A with a one year earlier maturity date. 127 of 178 Infrastructure Surtax Stormwater Utility Estimated Refunding Par Amount $2,989,000 $3,063,000 Final Maturity Date April 1, 2018 May 1, 2022 Average Life 2.6 years 4.7 years Estimated Bank Qualified Rates 1.65% to 1.85% 2.05% to 2.30% Estimated All -In True Interest Cost (factors in closing costs) 2.23% to 2.43% 2.37% to 2.62% Existing Rates 3.75% to 4.125% 3.75% to 4.50% Estimated Present Value Savings ($) $139,867 to $161,070 $202,807 to $238,596 Estimated Present Value Savings ( %) 3.04% to 3.50% 6.31% to 7.42% EstlmatedAnnual Savings ( $.1 $236,967 to $300,542 $27,635 to $32,162 Issuance costs are estimated to be approximately $42,638.13 on the Stormwater Utility Revenue Bank Note and $43,264.84 on the DST Bank Note. This covers fees for Bond Counsel, Financial Advisor, City Attorney and any other expenses and was considered in the above calculations. Staff recommends structuring the DST Bank Note with a final maturity of April I, 2017. This keeps the annual debt service about the same and pays -off the debt one year sooner. The Present Value Savings will likely be just 2.4% to 2.6% but we save about $272,000 to $284,000 in 2017 and $1,030,000 in 2018. With the $1 million in debt service we wouldn't have in 2019 anyway, this would give us about $2.3 million to use in the following years for police vehicles and '/4 round expenditures - should the DST funding not be re- authorized by referendum and we have to continue without that funding source. If the City Council agrees to proceed, we will solicit proposals from Banks typically interested in these types of loans. The Bank Proposals and Staff's recommendation will be made at the December 11, 2003 City Council Meeting. RECOMMENDED ACTION Authorize Staff to request Bank Loan Proposals to refund the Stormwater Utility Revenue Bonds, Series 2003 with the same final maturity date and Infrastructure Sales Surtax Bonds, Series 2003 and 2003A with a one year earlier maturity date. 127 of 178 FirstSouthvvest�P 5,073,658.17 596,851.04 4,476,807.13 3,152,488.22 1,324,318.91 Savings Summary Savings PV date Savings PV rate PV of savings from cash flow Less: Prior funds on hand Net PV Savings Oct 23, 2013 5:58 pm Prepared by FirstSouthwest (aam) 12/12/2013 2.416590% 1,182,749.94 - 1,039,313.76 143,436.18 (Finance 7.006 Sebastian:2013) Page 2 128 of 178 SAVINGS City of Sebastian, Florida Infrastructure Sales Surtax Revenue Note, Series 2013 Estimated BQ Rate 1.60% Preliminary/ Subject to Change Prior Prior Prior Refunding Date Debt Service Receipts Net Cash Flow Debt Service Savings 04/01/2014 940,553.13 596,851.04 343,702.09 342,848.22 853.87 04/01/2015 1,033,831.26 1,033,83126 1,029,824.00 4,007.26 04/01/2016 1,034,861.26 1,034,861.26 1,029,928.00 4,933.26 04/01/2017 1,033,806.26 1,033,806.26 749,888.00 283,918.26 04/01/2018 1,030,606.26 1,030,606.26 1,030,606.26 5,073,658.17 596,851.04 4,476,807.13 3,152,488.22 1,324,318.91 Savings Summary Savings PV date Savings PV rate PV of savings from cash flow Less: Prior funds on hand Net PV Savings Oct 23, 2013 5:58 pm Prepared by FirstSouthwest (aam) 12/12/2013 2.416590% 1,182,749.94 - 1,039,313.76 143,436.18 (Finance 7.006 Sebastian:2013) Page 2 128 of 178 FirstSouthwest'L. Savings Summary Savings PV date 12/12/2013 Savings PV rate 2.616100% PV of savings from cash flow 1,161,321.54 Less: Prior funds on hand - 1,039,313.76 Net PV Savings 122,007.78 Oct 23, 2013 6:00 pm Prepared by FirstSouthwest (aam) (Finance 7.006 Sebastian:2013) Page 2 129 of 178 SAVINGS City of Sebastian, Florida Infrastructure Sales Surtax Revenue Note, Series 2013 Estimated BQ Rate 1.80% Preliminary / Subject to Change Prior Prior Prior Refunding Date Debt Service Receipts Net Cash Flow Debt Service Savings 04/01/2014 940,553.13 596,851.04 343,702.09 342,704.25 997.84 04/01/2015 1,033,831.26 1,033,831.26 1,029,865.00 3,966.26 04/01/2016 1,034,861.26 1,034,861.26 1,029,063.00 5,798.26 04/01/2017 1,033,806.26 1,033,806.26 762,143.00 271,663.26 04/01/2018 1,030,606.26 1,030,606.26 1,030,60626 5,073,658.17 596,851.04 4,476,807.13 3,163,775.25 1,313,031.88 Savings Summary Savings PV date 12/12/2013 Savings PV rate 2.616100% PV of savings from cash flow 1,161,321.54 Less: Prior funds on hand - 1,039,313.76 Net PV Savings 122,007.78 Oct 23, 2013 6:00 pm Prepared by FirstSouthwest (aam) (Finance 7.006 Sebastian:2013) Page 2 129 of 178 130 of 178 t e TABLE OF CONTENTS A. PURPOSE ............... ............................... ............................... .......................... ..............................2 B. STRUCTURE OF. FINANCING .....: ........ :............................. ...... ......... ......... ,........ .......................2 C. SECURITY FOR THE LOAN ............. ............................... ................. ..........,..... ...... 3 D. TAX - EXEMPT OBLIGATION ................................................................................. ..............................3 E. DOCUMENTATION ................ .......................................................................... .................................. 3 F. PROPOSAL FORMAT ................:...................:.................................................... ..........................:...4 G. MISCELLANEOUS .. .. ....... .4 H: TENTATIVE SCHEDULE... ...... . ............. :. ............................................... ........ ......... ........ .........5 I. RFP INSTRUCTIONS ......................... ........... ............ .....................:......... ..............................6 APPENDIXA— Preliminary Principal Amortization Schedule APPENDIX B- Stormwater Pledged Revenue .Coverage LINKS FY 2010 -2012 City of Sebastian Audited Financial- Statements http: / /www.citvofsebastian. ore /images/stories /PDFs /CCaeenda /2012 CAFR odf http:ZLVi ww.citvofsebastian.org /images/ stories /PDFs /CCaeenda /2011 CAFR pdf http: / /www.titvofsebastian.org /images /stories /PDFs /CCaeenda /2010 Wil ndf HE 2014 Adopted. Annual. Budget http: / /www.citvofs6bastian.org /images /stories /PDFs /CCag6nda /Annual 2013 -2014 Budget Approved ndf 131 of 1 A t r A. PURPOSE The City of Sebastian, Florida (the "City") is seeking proposals from qualified financial institutions to ' provide a "Bank Qualified" fixed rate bank loan (the "Loan"), at the lowest overall borrowing cost, pursuant to certain conditions. The proceeds of the Loan will be used to advance refund all of the City's Stormwater Utility Revenue Bonds, ' Series 2003 currently outstanding in the amount of $3,215,000.: The City shall accept and. review proposals.from. qualified. financinginstitutions for a "Bank Qualified" (Tax- Exempt) Fixed Rate bank loan based-upon the'-proposed financing structure below. The City will sele' da financing that provides the lowest overall borrowing cost to the City and meets the financing requirements of the- City. FirstSouthwest, as the City's Financial Advisor, will assist with reviewing the Loan with a financial institution. B. STRUCTURE OF FINANCING Amount: Not to Exceed $3,200,000 Settlement Dater On or before December 18, 2013 - Rate Bank Qualified fixed interest rate. Pre a ment: The City requests the ability to prepay; 'the .` PY obligation'. without penalty at >any time. Other Final Maturity:_ interest Payments Dates: Interest Compounding: Interest Day Count Method: Principal Payment Date: Debt Service Structure: prepayment terms will be considered May 1,;2022. Semi - annually each May Land. November 1, commencing on May 1, 2014: None Please specify in proposal Annually, commencing on May 1, 2014. See attached Preliminary Amortization Schedule in Appendix A 132 of 17% [ e C. SECURITY FOR THE LOAN The Loan will be payable from and secured by a -lien upon and pledge of the Stormwater Fee " Revenues. D. TAX- EXEMPT OBLIGATION The City will agree to take such actions as may be required by Treasury regulations in order to maintain the status of the loan as a tax- exempt obligation. E. DOCUMENTATION The winning bank proposal will be furnished, without charge to the. successful. bank, the: opinion of.: Nabors, Giblin & Nickerson, LLP, the City's Bond Counsel, approving the legality of the loan together with the closing certificates and documents related, to the' transaction. FirstSouthwest will "also assist the City in structuringthe loan to meet the financing.objectives of the City. At the closing of the loan, the financial' institution will be required to make certain . certifications,. Including, but not limited to, certifications that'it;: a. It is making the Loan -for its own account, does,not currently intend to.syndicate the Loan, will. take no action to cause- the loan to be characterized. as a security, and will not treat the Loan as a municipal security, for purposes of the securities law; b. it is not acting as a broker or other intermediary, and is funding the_L "oan from it s =own capitalJor its own account and hotwith a presentview to a resale or other distrili tion to the public, c. the Loan will not be used in the future on a securitized transaction and is' not a .municipal security; d. it understands that the. Loan .is: evidenced by. a note and the note is issued; in a: Single denomination equal to the .aggregate principal. amount of the Loan and may no be transferred except im.wholeand will'not be transferred to any, kind of trustunder any circumstances; and confirming that it understands the Loan "may. not be transferred in denominations less than $100;000 even. in whole; e. the Loan will only be sold. to a. Permitted. Lender in whole, in a denomination of not less than $100,000, with the City's consent. The "Permitted Lender" means" any bank, trust company, savings institution or insurance company that is engaged as a regular part of its business in making loans authorized to do business in the State of Florida; f. the Lender is a bank, trust company, savings institution, insurance company, dealer, investment company, pension or profit- sharing trust, or qualified institutional buyer as contemplated by Section 517.061(7), Florida Statutes; g. it IS not funding. the Loan for the direct or indirect .promotion of any :scheme or enterprise with the intent of violating or.evading any provision of Chapter 517, Florida Statutes; 133 of 1A I I h. understands, that the Loan is not a municipal security and that no filing will be made with respect to the Loan with EMMA, the Municipal Securities Rulemaking Boards continuing disclosure site; i. there will be no CUSIPs obtained on the Loan; and j. there will be no,credit rating obtained on the Loan F. PROPOSAL FORMAT Proposals will be evaluated on the basis of cost and the structure that best meets the financing requirements of the City. -in order to assist the City and FirstSouthwest in reviewing the responses, each proposal should include the following information. (1) The legal name of the Bank and the primary Bank contact person(s) (include address, . telephone'number, facsimile number, and e-mail address). (2) A bank qualified, tax - exempt fixed interest: rate for the full term of the loan. Other options will be considered. The Respondent shall give a :stated time in which the proposed rate, will be held as well as the index in which the rate. shall be calculated should the. stated time elapse. The proposal should acknowledge the. preliminary amortization schedule provided in Appendix A,and acknowledge any:adjustments to the preliminary amortization schedule in order to achieve the desired debt service structure based upon the winning interest rate. . (3) Describe in detail all fees and expenses, which the City will be responsible to pay to the .Bank including its legal counsel. The City's Bond Counsel will prepare the tax opinion and bond - resolution. The amounts stated in the proposal shall represent the maximum amounts payable to the Bank by the City. All fees and.expenses, with the exception of those of Bond Counsel and -FirstSouthwest, in excess .of those stated in the proposal shall be the sole responsibility of the Bank" and will not be paid or reimbursed by the City. (4)- A listing of all conditions, covenants, terms or restrictions, other than those specified in. this RFP, which would be included in your commitment to provide the loan. G. MISCELLANEOUS (1) The City reserves the right, in its sole discretion, to accept or reject any and all proposals, to waive any irregularities or informalities in any proposal or in the bidding, and to accept or rejo4any items or combination of items. If a bank financing option is selected, the award will be -to the financial institution whose response best complies with the requirements set-forth in this RFP. and whose proposal, in the opinion of the City and Financial Advisor, is best, taking into' consideration all aspects of the responses. (2) Changes to this RFP may be made by and at the sole discretion of the City 134 of 1 A (3) The City will not be liable for any expenses incurred in connection with the preparation of a response to this RFP. (4) All requests for clarification or additional information should be directed in writing to: Ken.Killgore Ed Stull - Finance Director' Managing Director City of Sebastian and FirstSouthwest (772) 388-82015, Ph _ (407) 426 -9611 Ph (772)388 -8249 Fax (407)-.426- 7835 Fax kkillgore @cityofsebastian.org ed.stull @firstsw.com (5) Federal, State, City and local laws, ordinances, rules.and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bank will in no way be a cause..for relief from responsibility. (6) The City will not accept proposals that require. the Bank's approval before additional debt secured by the pledged revenues may be' issued. However, any such additional,debf'will be required to satisfy any applicable additional bonds test (such as debt service' coverage ratios) prior to issuance. (7) No successful proposer may assign any-portion of the contractual agreement between the parties.without prior written authorization 6y the City. _ (8) Warranties The proposer, in submission of its, proposal, .warrants to .the City;..that it will comply with all applicable federal; state- and local laws, regulations and orders in providing the 'services under 'the proposed documents: H.. TENTATIVE SCHEDULE The City will attempt to adhere to the following schedule: November 14, 2013. Issue Request for Proposal (RFP) December 4, 2013 Bank Proposals Due Prior to 2:00 P.M. (local time) December 11, 2013 Board approval of Bank Selection and Resolution authorizing execution of loan documents December 18, 2013 Closing of the Loan Preliminary; subject to change 135 of 1 4 RFP.INSTRUCTIONS A 1 bids must be submitted via e -mail (in PDF or Word Format) or delivered in' hard copy to the City and FirstSouthwest to the e-mail or mailing addresses below for receipt no later than -2:00 pm Eastern time.on December`4, 2013; City of Sebastian. Florida Ken Kilgore Finance Director 1225 Main Street Sebastian,; Florida 329.58 . (772),3M8265 Ph (772); 3$8- 8249 „Fax kliilleore@citvofsebastian.or 'Fir-stSo ithwest Edward M Stull Jr. Managing Director 450 S. Orange:Avenue, Suite 460 Orlando, Florida 32801 (407)'426 9611,1) Ii (407)42&7835. Fax ' ed.st6lI- 0firstsw:com M. 136 of 1 137 of 178 APPENDIX A Preliminary Debt Service Schedule City of Sebastiian,i Florida , Series 2013 Loan Period.Ending Principal. 5/1/2034 146,000 5/1/2015 345,000 5/1/2016 351;900 5/1/2017 361;000 5/1/2018 371,000 511/2019. 379,000 5/1/2020 386;000 5/1/2021 393,000 5/1/2022 404,000 313fi,000 •Preliminary/Subject to Change 137 of 178 2005 792,886 240 ;000 206;673 446,673 1.78 2006 908,576 -- -235; .00.0 201,973 4361973 2.08 2007 932,183 240,000 197,273 437,273 2.13 2008 856,568 245,000 191,873. 436,813 1.96 2009. 814,419 255,000 185,135 440,135 1.85 2010 858,664:. 260 ;000 177,485 437;485: 1.96 201.1,-. 816,416. 270,000 169,035 • 439;035` .1.86. 2012 810;382 28000Q 159,248: 439;248 1.84 2013* 989,933 290,000 148,048. 438,048 2.26 Unaudited 111 Total revenues consist:ofstormwater utility fees arid interest.' lZ� Required•covetage is'1.35x Source: City of Sebastian Finance Department DRAYr 10/28/13 City of Sebastian, Florida REQUEST FOR BANK LOAN PROPOSALS IN AN AMOUNT MOTTO EXCEED $3,100,000 TO REFUND THE CITY'S INFRASTRUCTURE SALES SURTAX BONDS, SERIES 2003 AND INFRASTRUCTURE SALES SURTAX BONDS, SERIES 2003A RFP Issue Date: November 14, 2013 Proposal Due Date: December 4, 2013 @ 2:00 pm Eastern Time 139 of 178 TABLE OF CONTENTS A. PURPOSE ............................................................................................................ ..............................2 B. STRUCTURE OF FINANCING ................................................................................ ..............................2 C. SECURITY FOR THE LOAN ................................................................................... ..............................3 D. TAX - EXEMPT OBLIGATION ................................................................................. ..............................3 E. DOCUMENTATION .............................................................................................. ..............................3 F. PROPOSAL FORMAT ........................................................................................... ..............................4 G. MISCELLANEOUS ................................................................................................ ..............................5 H. TENTATIVE SCHEDULE ........................................................................................ ..............................6 I. RFP INSTRUCTIONS ............................................................................................. ..............................6 APPENDIX A — Preliminary Principal Amortization Schedule APPENDIX B— Surtax Pledged Revenue Coverage LINKS FY 2010 -2012 City of Sebastian Audited Financial Statements http: / /www.cityofsebastian.orp,/images/ stories /PDFs /CCagenda /2012 CAFR.pdf http: / /www.cityofsebastian.orp /images /stories /PDFs /CCagenda /2011 CAFR.pdf http: /Iwww.citvofsebastian.org /images /stories /PDFs /CCagenda /2010 CAFR.pdf FYE 2014 Adopted Annual Budget http: / /www.cityofsebastian.org /images /stories /PDFs /CCagenda /Annual 2013 -2014 Budget Approved.pdf 140 of 174 A. PURPOSE The City of Sebastian, Florida (the "City") is seeking proposals from qualified financial institutions to provide a "Bank Qualified" fixed rate bank loan (the "Loan "), at the lowest overall borrowing cost, pursuant to certain conditions. The proceeds of the Loan will be used to current refund all of the the City's Infrastructure Sales Surtax Revenue Bonds, Series 2003 currently outstanding in the amount of $3,725,000 and advance refund all of the City's Infrastructure Sales Surtax Revenue Bonds, Series 2003A currently outstanding in the amount of $875,000. The City shall accept and review proposals from qualified financing institutions for a "Bank Qualified" (Tax- Exempt) Fixed Rate bank loan based upon the proposed financing structure below. The City will select a financing that provides the lowest overall borrowing cost to the City and meets the financing requirements of the City. FirstSouthwest, as the City's Financial Advisor, will assist with reviewing the Loan with a financial institution. B. STRUCTURE OF FINANCING Amount: Not to Exceed $3,100,000 Settlement Date: On or before December 18, 2013 Rate: Bank Qualified fixed interest rate. Prepayment: The City requests the ability to prepay the obligation without penalty at any time. Other prepayment terms will be considered. Final Maturity: April 1, 2017 Interest Payments Dates: Semi - annually each April 1 and October 1, commencing on April 1, 2014. Interest Compounding: None Interest Day Count Method: Please specify in proposal Principal Payment Date: Semi - annually, commencing on April 1, 2014. Debt Service Structure: See attached Preliminary Amortization Schedule in Appendix A 141 of 179 C. SECURITY FOR THE LOAN The Loan will be payable from and secured by a lien upon and pledge of the Infrastructure Sales Surtax Revenues. Local Government Infrastructure Sales Surtax Pursuant to Section 212.055(2), Florida Statues, the governing authority of each county may levy a discretionary sales surtax of one -half of one percent (.5 %) or one percent (1 %) of the amount of taxable sales or purchases (the "Local Government Infrastructure Sales Surtax'). The levy of the Local Government Infrastructure Sales Surtax shall be pursuant to a county ordinance approved by a majority of the electors of the county voting in a referendum on the Local Government Infrastructure Sales Surtax. On March 30, 1989, Indian River County (the "County ") adopted Ordinance 89 -6 authorizing the levy of the Local Government Infrastructure Sales Tax at a rate of one percent (1 %) for a period of 15 years. On July 2, 2002, the County adopted Ordinance 2002 -021 authorizing the extension of the Surtax for an additional period of 15 years and seven months expiring on December 21, 2019. Pursuant to Section 212.054(4), Florida Statutes, the proceeds of the Local Government Infrastructure Sales Surtax shall be held with the State's Department of Revenue in the Discretionary Sales Surtax Clearing Trust Fund (the "Trust Fund ") less the cost of administration. Moneys held in the Trust Fund are to be distributed monthly to the counties and municipalities within such counties in which the surtax was collected pursuant to a distribution formula. When distributed to the City, the moneys become subject to the lien of the Resolution and are referred to as the "Infrastructure Sales Surtax Revenues ". D. TAX - EXEMPT OBLIGATION The City will agree to take such actions as may be required by Treasury regulations in order to maintain the status of the loan as a tax - exempt obligation. E. DOCUMENTATION The winning bank proposal will be furnished, without charge to the successful bank, the opinion of Nabors, Giblin & Nickerson, LLP, the City's Bond Counsel, approving the legality of the loan together with the closing certificates and documents related to the transaction. FirstSouthwest will also assist the City in structuring the loan to meet the financing objectives of the City. At the closing of the loan, the financial institution will be required to make certain certifications, including, but not limited to, certifications that it: a. It is making the Loan for its own account, does not currently intend to syndicate the Loan, will take no action to cause the Loan to be characterized as a security, and will not treat the Loan as a municipal security for purposes of the securities law; 142 of 173 b. it is not acting as a broker or other intermediary, and is funding the Loan from its own capital for its own account and not with a present view to a resale or other distribution to the public, c. the Loan will not be used in the future on a securitized transaction and is not a municipal security; d. it understands that the Loan is evidenced by a note and the note is issued in a single denomination equal to the aggregate principal amount of the Loan and may not be transferred except in whole and will not be transferred to any kind of trust under any circumstances, and confirming that it understands the Loan may not be transferred in denominations less than $100,000 even in whole; e. the Loan will only be sold to a Permitted Lender in whole, in a denomination of not less than $100,000, with the City's consent. The "Permitted Lender" means any bank, trust company, savings institution or insurance company that is engaged as a regular part of its business in making loans authorized to do business in the State of Florida; f. the Lender is a bank, trust company, savings institution, insurance company, dealer, investment company, pension or profit- sharing trust, or qualified institutional buyer as contemplated by Section 517.061(7), Florida Statutes; g. it is not funding the Loan for the direct or indirect promotion of any scheme or enterprise with the intent of violating or evading any provision of Chapter 517, Florida Statutes; h. understands that the Loan is not a municipal security and that no filing will be made with respect to the Loan with EMMA, the Municipal Securities Rulemaking Boards continuing disclosure site; L there will be no CUSIPs obtained on the Loan; and j. there will be no credit rating obtained on the Loan F. PROPOSAL FORMAT Proposals will be evaluated on the basis of cost and the structure that best meets the financing requirements of the City. In order to assist the City and FirstSouthwest in reviewing the responses, each proposal should include the following information. (1) The legal name of the Bank and the primary Bank contact person(s) (include address, telephone number, facsimile number, and e-mail address). (Z) A bank qualified, tax - exempt fixed interest rate for the full term of the loan. Other options will be considered. The Respondent shall give a stated time in which the proposed rate will be held as well as the index in which the rate shall be calculated should the stated time elapse. The proposal should acknowledge the preliminary amortization schedule provided in Appendix A, and acknowledge any adjustments to the preliminary amortization schedule in order to achieve the desired debt service structure based upon the winning interest rate. 143 of 174 (3) Describe in detail all fees and expenses, which the City will be responsible to pay to the Bank including its legal counsel. The City's Bond Counsel will prepare the tax opinion and bond resolution. The amounts stated in the proposal shall represent the maximum amounts payable to the Bank by the City. All fees and expenses, with the exception of those of Bond Counsel and FirstSouthwest, in excess of those stated in the proposal shall be the sole responsibility of the Bank and will not be paid or reimbursed by the City. (4) A listing of all conditions, covenants, terms or restrictions, other than those specified in this RFP, which would be included in your commitment to provide the loan. G. MISCELLANEOUS (1) The City reserves the right, in its sole discretion, to accept or reject any and all proposals, to waive any irregularities or informalities in any proposal or in the bidding, and to accept or reject any items or combination of items. If a bank financing option is selected, the award will be to the financial institution whose response best complies with the requirements set forth in this RFP and whose proposal, in the opinion of the City and Financial Advisor, is best, taking into consideration all aspects of the responses. (2) Changes to this RFP may be made by and at the sole discretion of the City. (3) The City will not be liable for any expenses incurred in connection with the preparation of a response to this RFP. (4) All requests for clarification or additional information should be directed in writing to: Ken Killgore Finance Director City of Sebastian (772) 388 -8205 Ph (772) 388 -8249 Fax kkillgore@cityofsebastian.o.rg Ed Stull Managing Director and FirstSouthwest (407) 426 -9611 Ph (407) 426 -7835 Fax ed.stull @firstsw.com (5) Federal, State, City and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bank will in no way be a cause for relief from responsibility. (6) The City will not accept proposals that require the Bank's approval before additional debt secured by the pledged revenues may be issued. However, any such additional debt will be required to satisfy any applicable additional bonds test (such as debt service coverage ratios) prior to issuance. (7) No successful proposer may assign any portion of the contractual agreement between the parties without prior written authorization by the City. 144 of 1 A (8) Warranties — The proposer, in submission of its proposal, warrants to the City that it will comply with all applicable federal, state and local laws, regulations and orders in providing the services under the proposed documents. H. TENTATIVE SCHEDULE The City will attempt to adhere to the following schedule: November 14, 2013 Issue Request for Proposal (RFP) December 4, 2013 Bank Proposals Due Prior to 2:00 P.M. (local time) December 11, 2013 Board approval of Bank Selection and Resolution authorizing execution of loan documents December 18, 2013 Closing of the Loan Preliminary; subject to change RFP INSTRUCTIONS All bids must be submitted via e-mail (in PDF or Word Format) or delivered in hard copy to the City and FirstSouthwest to the e-mail or mailing addresses below for receipt no later than 2:00 pm Eastern time on December 4, 2013 City of Sebastian, Florida Ken Killgore Finance Director 1225 Main Street Sebastian, Florida 32958 (772) 388 -8205 Ph (772) 388 -8249 Fax kkilleore @cityofsebastian.ore FirstSouthwest Edward D. Stull Jr. Managing Director 450 S. Orange Avenue, Suite 460 Orlando, Florida 32801 (407) 426 -9611 Ph (407) 426 -7835 Fax ed.stull @firstsw.com Late proposals will not be accepted. 145 of 1-k APPENDIX A Preliminary Debt Service Schedule City of Sebastian, Florida Series 2013 Loan Period Ending Principal 4/1/2014 326,000 10/1/2014 493,000 4/1/2015 492,000 10/1/2015 501,000 4/1/2016 501,000 10/1/2016 377,000 4/1/2017 375,000 3,065,000 •Preliminary/Subject to Change 146 of 178 APPENDIX B Surtax Pledge Revenue Coverage 2004 $ 2,180,913 $ 791,168 $ 2005 2,713,567 833,856 2006 2,724,742 833,356 2007 2,560,310 836,319 2008 2,502,937 834,819 2009 2,328,648 837,869 2010 2,328,150 833,856 2011 2,358,676 834,356 2012 2,464,240 838,276 2013 2,526,775* 835,379 * Unaudited Source: City of Sebastian Finance Department 23,996 $ 815,164 2.68x 196,988 1,030,844 2.63x 199,488 1,032,844 2.64x 196,888 1,033,206 2.48x 198,800 1,033,619 2.42x 195,088 1,032,956 2.25x 201,038 1,034,894 2.25x 196,325 1,030, 681 2.29x 196,250 1,034,526 2.38x 195,813 1,031,191 2.45x 147 of 178 AGENDA TRANSMITTAL Subject: Lease Between The City of Agenda No. 13 h - 13. D31 Sebastian and Crab E Bills, Inc. Department Origin: C i D elopment Director: J. Griffin 1 jr;dflor Submittal by: Finance Director: K. illgore Admin Services: D. Krueger City Clerk: S.A. Maio l ?A her, City Manager City Attorney: R. A. Ginsburg Dl Date Submitted: 06 November 2013 For Agenda of. 13 November 2013 Exhibits: A. Corporate Name docs; B. Lease EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- REQUIRED: -0- SUMMARY On 10 April 2013, Council approved the "modified" version of the lease between the City and Fisherman's Landing Sebastian, Inc. (FLS). That agreement provided for the bifurcation of the leased properties at 1532 Indian River Drive (docks /fish house) and 1540 Indian River Drive (old Hurricane Harbor). That modified lease held that the 1532 property would remain leasehold of FLS and that the 1540 property would be under the City's primary control. In addition, the modification provided the City would assume the sub -tenant lease in effect with Indian River Seafood, Inc. Since that time, Indian River Seafood, Inc. has reorganized under the name of Crab E Bills, Inc. (Crab). At this time the City is interested in moving forward with a lease between Crab and the City that more fully describes the duties and responsibilities of Crab as that entity moves to open an Eatery on its leasehold property. The attached lease is offered for Council consideration. Not provided in this transmittal are the "common" exhibits that exist between the FLS lease and the Crab lease. Those exhibits have been previously reviewed, and approved, by Council during the FLS lease presentation in April 2013. In addition, those "common" exhibits have been reviewed by Florida Communities Trust, (FCT) during their approval process of the City/FLS lease. Those exhibits are available to Council, or the public, in the City Clerk's office or the City's Community Development Department. RECOMMENDED ACTION Staff recommends approval of the lease, subject to review and approval by FCT. 148 of 178 2013 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P05000151388 Entity Name: CRAB E. BILL'S, INC. Current Principal Place of Business: 1540 INDIAN RIVER DRIVE SEBASTAIN, FL 3295+8 Current Mailing Address: 1540 INDIAN RIVER DRIVE SEBASTAIN, FL 32958 US FEI Number: 20,3811007 Name and Address of Current Registered Agent ANDREWS, SUSAN 1540 INDIAN RIVER DRIVE SEBASTIAN, FL 32958 US FILED Jan 22, 2013 Secretary of State Certificate of Status Desired: No The above named entity sUbarits this statement for the purpose of changir+g its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer /Director Detail Detail: Title DPST Name ANDREWS, SUSAN Address 1540 INDIAN RIVER DRIVE City -State -Zip: SEBASTIAN FL 32958 1AffwYGEr=Y9kY9*=mMMQ=r wca meawamwale awmatmyemavcso =aesaaewmmzmeagvs aasomemaxiEroagantiaeag G=erarmacmrarthecarpar wtherecrrKrwauUaeaispgwe AD- wrepartasrewUwDyCwp3erw,FlgnlB avomatmya3re ateGwaga4a7arlma�tsuAnao gram arpowe m. SIGNATURE: SUSAN ANDREWS DPST 01/22/2013 Electronic Signature of Signing Officerfi hector DetaA - Date 149 of 178 LEASE BETWEEN THE CITY OF SEBASTIAN AND CRAB E BILL'S, INC. A LEASE made this day of November, 2013, between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation, having its principal office at 1225 Main Street, Sebastian, Florida 32958 hereinafter referred to as the "LESSOR" and CRAB E BILL'S, INC., formerly known as, INDIAN RIVER SEAFOOD, INC., a Florida corporation organized and existing under the laws of the State of Florida (Exhibit "A ") whose address is 1540 Indian River Drive, Sebastian, Florida 32978 -2038 hereinafter referred to as the "LESSEE." This document contains ten (10) pages. WITNESSETH: WHEREAS, the City of Sebastian is authorized to lease real property owned by the City to business organizations formed for the purpose of promoting community interest, community welfare, and business activity; and, WHEREAS, LESSEE is a Florida business organization formed for the purpose of conducting a lawful business and promoting community interest and welfare, which includes the revitalization of Sebastian's Working Waterfront that may benefit local commercial fishermen; and, WHEREAS, LESSOR owns real Property, hereinafter described below; and, WHEREAS, LESSOR has acquired the Property with partial funding from the Florida Communities Trust (FCT), and the Property is subject to certain limitations provided in the FCT Declaration of Restrictive Covenants as recorded in OR Book 2431, Page 1268 in Indian River County, Florida; and, WHEREAS, as part and condition of the FCT funding, the LESSOR provided, and FCT approved, The City of Sebastian Working Waterfront Collaborative Management Plan ( "Management Plan ") for the Property, the terms 150 of 178 of the Management Plan are hereby incorporated herein by reference and attached hereto as Exhibit "B ". Activities on the Property must strictly adhere to the terms and conditions contained in the Management Plan; and, WHEREAS, FCT shall approve and review all leases, subleases, easements or other similar documents that affect the Property funded by FCT before the documents are executed by the parties. Execution of documents without FCT's prior review and written approval may deem the documents null and void; and, WHEREAS, FCT shall be notified at the Department of Environmental Protection, Florida Communities Trust, 3900 Commonwealth Boulevard, MS #115, Tallahassee, FL 32399; and, WHEREAS, the Declaration's restrictions on the FCT funded Property are superior to any other restrictions placed upon the Property; and, WHEREAS, LESSOR intends that the conservation and recreation values of the Property be preserved and enhanced in accordance with the Management Plan, as it may be amended from time to time after review and approval by FCT; and, WHEREAS, LESSOR has found that the facilities to be leased to LESSEE are required for the proposed use and LESSEE agrees to maintain the same; and, WHEREAS, LESSOR desires to lease such Property to LESSEE for the purpose described herein. NOW THEREFORE, in consideration of the foregoing and in further consideration of the mutual covenants contained herein the parties agree as follows: 1. ALL OTHER AGREEMENTS AND LEASES. Upon the final execution of this document, LESSOR and LESSEE agree that the lease executed between the LESSEE and Fisherman's Landing Sebastian, Inc. (FLS), on June 7, 2011 is hereby terminated and shall have no further force and effect. LESSOR acknowledges and will apply remaining rent credits, if any, for the benefit of LESSEE under the Memorandum of Understanding dated June 15, 2011 (Exhibit "C ") between the LESSEE and FLS. 2. LEASED PREMISES. LESSOR hereby leases unto LESSEE specific areas of the premises located at 1540 Indian River Drive, Sebastian FL 32958. Those areas are the Fish Market, Eatery Kitchen, Eatery, and Service Bar Area, only, as depicted on Attachment 5 of Exhibit "B ", attached hereto and incorporated herein. In addition, the Leased Premises include the Northern one -third (1/3) of the 2 151 of 178 parking lot located on the west side of Indian River Drive, being a part of Lot 3, Block 2 of Middleton's Subdivision of the City of Sebastian as per Plat Book 2 Page 56. Permitted parking spaces are shown on Exhibit "D ". 3. PURPOSE. The LESSEE shall use the Leased Premises for any lawful business activity which is in furtherance of, and complements, the Stan Mayfield Working Waterfront Grant Program. It is understood that LESSEE'S core business shall be: A. The operation of a commercial retail Fish Market, as depicted on Attachment 5 of the Management Plan. B. A retail commercial limited food service "Eatery." The Eatery will adhere to strict compliance with the Management Plan. C. LESSEE, at its sole cost and expense, may operate other lawful business activities, as approved by written authorization of LESSOR & FCT. Any operation not specifically provided for herein, shall be in strict accordance with operational, managerial, and regulatory guidelines. D. Any ancillary business, or any other activity on the Leased Premises, not addressed in the Management Plan, must have prior written approval of LESSOR before said activity shall take place. 4. TERM. LESSOR leases to the LESSEE the Leased Premises for a term of TEN (10) years. Terms of an option for a Ten (10) year lease extension may be negotiated between the parties. LESSEE must notify LESSOR, in writing, within six (6) months of expiration of this lease if LESSEE intends to exercise any option to extend this lease. 5. RENT. LESSEE shall pay a base rent of Three - Thousand ($3,000) dollars per month. LESSOR recognizes the capital rent credits received by LESSEE during the occupancy of the Leased Premises while under the control of FLS. LESSOR and LESSEE agree that such credits expire in November 2013 and that LESSEE'S rent stated herein shall be paid in December 2013, and on the first (1S) day of every month thereafter throughout the term of this lease. 6. IMPROVEMENTS. The Leased Premises are accepted by the LESSEE "as is." The following improvements requirements are adopted: A. LESSEE, at its sole cost and expense may, after first obtaining the written approval of the LESSOR, and in strict accordance with the Management Plan, design, permit, and construct any improvements to the existing structure, or place a new structure on the Leased Premises. 3 152 of 178 B. At the end of the term of this Lease, LESSEE shall deliver the Leased Premises to LESSOR in good repair and condition, reasonable wear and tear excepted. With the exception of privately owned or leased equipment, all installations, fixtures, alterations, additions and /or improvements, on the Leased Premises, shall become the property of LESSOR and, on termination of the Lease, shall be surrendered with the Leased Premises in good condition. 7. OPERATIONAL ADHERENCE. In addition to the duties, and obligations, provided in this Lease Agreement, LESSEE shall comply with all requirements of The City of Sebastian Working Waterfront Collaborative Management Plan (Exhibit "B "). The Management Plan includes the Stan Mayfield Working Waterfront Grant Contract and the Declaration of Restrictive Covenants. The FCT Declaration of Restrictive Covenants are superior to any other restrictions placed upon the Property. 8. BUILDING, UTILITIES, MAINTENANCE AND REPAIRS. A. LESSEE agrees that all portions of the Leased Premises shall be kept in good repair and condition by LESSEE. LESSOR assumes responsibility for maintenance of the exterior structure. LESSEE shall maintain and make all necessary repairs and alterations to the interior Leased Premises to keep the Leased Premises in good condition. LESSEE'S sole right of recovery shall be against it's insurers for losses, or damage, to stock, furniture and fixtures, equipment, improvements, and betterment. LESSEE agrees to make or contract for emergency repairs and provide protective measures necessary to protect the Leased Premises from damage and to prevent injury to persons or loss of life. LESSEE agrees to use its best efforts to insure that the Property is maintained in an attractive condition and in a good state of repair. LESSEE shall also keep the Leased Premises free of trash and debris. B. The interior and exterior of the Leased Premises shall be kept clean. It shall be LESSEE'S responsibility to provide and pay for interior pest control. C. LESSEE shall be entitled to reasonable use of existing electrical and water service without additional charge in those parking areas dedicated to LESSEE'S use on the west side of Indian River Drive. D. LESSEE shall be responsible for the cost of installation, connection, and usage of potable water, sewer, electric, natural /propane /or other gas, telephone, cable, grease traps, solid waste, and IT services to the Leased Premises. 4 153 of 178 E. LESSOR recognizes the condition of the historical facility at 1540 Indian River Drive. As such, LESSOR shall take reasonable precautions regarding maintenance, safety, and preservation of the structure. F. Upon issuance of a "Hurricane Warning" by the National Weather Service that encompasses the area of the Leased Premises, LESSEE shall immediately take protective measures including, but not limited to, installing hurricane shutters, securing /storing exterior movable items, and securing all areas. 11. INSURANCE INDEMNIFICATION AND DAMAGE BY CASUALTY. A. LESSOR shall procure and maintain, during the term of this Lease, public liability all risk insurance adequate to protect the LESSOR against liability for any and all damage claims that may arise due to the activities on the Leased Premises in amounts that are determined by the LESSOR. In no fashion shall LESSOR be liable for any claims arising between LESSEE and its agents, or assigns, resulting in damage to the City -owned facilities due to negligence of LESSEE, less normal wear and tear. B. LESSOR shall procure and maintain, during the term of this Lease, fire and other casualty and property insurance, including wind damage coverage in amounts as reasonably determined by the LESSOR. C. In the event LESSEE has paid employees, LESSEE agrees to procure and maintain, during the term of this Lease, applicable Workers' Compensation insurance for all its employees employed in connection with the business operated under this Lease. Such insurance shall fully comply with the Workers' Compensation Law, Chapter 440, Florida Statutes. The Workers' Compensation insurance policy required by this Lease shall also include Employer Liability. LESSEE shall provide proof of Workers' Compensation insurance as required by law, if applicable. D. LESSOR shall not be liable for any loss, injury, death, or damage to persons, or property, which at any time may be suffered by LESSEE or by any person whomsoever may, at any time, be using, occupying, or visiting the Leased Premises as guests, business invitees, agents or assigns within the area under control of LESSEE. LESSEE hereby waives all claims and agrees to hold forever harmless LESSOR from any and all claims, lawsuits, judgments, or similar causes of action, for any /all injuries and /or claims to persons or property arising out of the activities conducted by LESSEE on the Leased Premises and those claims arising out of injury on the Common areas of the Leased Premises. LESSEE shall indemnify LESSOR against any /all claims, liabilities, loss or damage as a result of LESSEE activities on the Leased Premises. 5 154 of 178 E. LESSEE agrees to defend LESSOR against any /all claims, at LESSEE'S sole cost and expense. 12. TAXES. LESSEE will be required to pay all taxes, other levies or assessments lawfully levied against the subject Leased Premises during the term of the Lease, if any. 13. LESSEE'S RESPONSIBILITIES. LESSEE, its agents, employees, assigns, guests and invitees, when on the Leased Premises, agree to follow and abide by all local, state and federal laws, ordinances and regulations and to follow and abide by the rules and regulations of the City of Sebastian, Community Redevelopment Agency, and the State of Florida as may be amended from time to time. 14. INSPECTION BY LESSOR. The LESSOR and its agents, upon reasonable notice, may make periodic inspections of the Leased Premises to determine whether LESSEE is operating in compliance with the terms and conditions of this Lease. The LESSEE shall be required to make any and all changes required by the LESSOR, which are necessary to ensure compliance with the terms and conditions of this Lease and/or any applicable law(s) or regulation(s). 15. PROHIBITION ON ASSIGNMENT AND ENCUMBRANCES. LESSEE shall not assign this Lease and, except as specifically authorized herein, shall not sublet the Leased Premises to any other party without the prior express written approval of LESSOR. This covenant shall be binding on the successors in interest of LESSEE, if any. LESSEE shall not mortgage, pledge, or encumber this Lease, in whole or in part, or the leasehold estate granted under this Lease. Any attempted mortgage, pledge, or encumbrance of this Lease, or the leasehold estate granted under this Lease, shall be void and may, at the sole option of the LESSOR, be deemed an event of default under this Lease. This covenant shall be binding on the successors in interest of LESSEE, if any. LESSEE shall not pledge the LESSOR'S credit or make it a guarantor for payment or surety for any contract debt, obligation, judgment, lien or any form of indebtedness. LESSEE warrants and represents that it has no obligation or indebtedness, which would impair its ability to fulfill the terms of this Lease. 16. MISCELLANEOUS CONDITIONS. A. LESSEE agrees that its employees, agents, assigns, vendors, and subtenants engaged in activities on the Leased Premises shall be, at all times, subject to the LESSEE'S sole direction, supervision, and control and shall not be considered employees, agents, assigns, or invitees of the LESSOR. 6 155 of 178 B. LESSEE agrees that it shall at all times prohibit unauthorized vehicles at the Leased Premises. LESSEE agrees that no parking will occur in landscaped areas or parking that may block any right -of -way, sidewalk, or street. LESSEE shall prohibit commercial truck parking on the property for any duration other than what is reasonable for loading or unloading purposes. The parties recognize that the ongoing redevelopment efforts within the Sebastian CRA may result in changes in parking as well as the configuration of vehicle parking on, or adjacent to, the subject property. LESSEE agrees to cooperate and coordinate with LESSOR in connection with parking projects and /or reconfiguration. C. LESSEE agrees to prohibit unauthorized persons on the Leased Premises and to prohibit trespassing on the Leased Premises by use of appropriate signage. LESSOR agrees to provide public signage at its expense. D. LESSEE for itself, and its permitted successors in interest, as a part of the consideration for this Lease, does hereby covenant and agree that: (1) No person shall be subject to discrimination in connection with LESSEE'S use of the Leased Premises on the basis of age, sex, physical handicap or other disability, race, color, national origin, religion or ancestry; and, (2) LESSEE shall not discriminate against any employee or applicant for employment in connection with the Leased Premises and the leasehold estate granted hereunder with respect to hiring, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment on the basis of age, sex, physical handicap or other disability, race, color, religion, national origin or ancestry; and, (3) LESSEE agrees that its facilities and programs shall, at all times, comply with the Americans with Disabilities Act (ADA). E. LESSEE shall assist the LESSOR in providing reasonable information and documentation, in a timely manner, as it relates to providing the Florida Communities Trust (FCT) with an annual report. 17. TERMINATION. A. The LESSOR may have the right to terminate this Lease upon the occurrence of any of the following, hereinafter referred to as "Event of Default." (1) Institution of proceedings in voluntary bankruptcy by the LESSEE. 156 of 178 (2) Institution of proceedings in involuntary bankruptcy against the LESSEE if such proceedings continue for a period of ninety (90) days and are not dismissed. (3) Assignment of this Lease for the benefit of creditors. (4) Abandonment by LESSEE of the Leased Premises or discontinue of operation of the Leased Premises to the permitted uses for more than sixty (60) calendar days. (5) Default, non - performance or other noncompliance with any covenant, requirement or other provision of any nature whatsoever under this Lease. (6) Failure to pay rent for fifteen (15) calendar days after it is due. B. Upon the occurrence of an Event of Default, the LESSOR shall send a written notice to LESSEE, setting forth the Event of Default in specific detail and the date this Lease shall terminate in the event LESSEE does not cure the default to the reasonable satisfaction of the LESSOR. In no case shall the lease terminate less than thirty (30) calendar days from LESSEE'S receipt of any Default Notice. C. In the event LESSEE fails to cure the Event of Default within the time established by LESSOR this Lease shall be deemed to be terminated with no further action by the LESSOR. In no event, however, shall such termination relieve LESSEE of its obligation to pay any and all remaining rent due and owing to the LESSOR for the period up to and including the date of termination, or to provide any and all remaining reports to the LESSOR for such period. D. LESSEE shall have the right, upon providing thirty (30) days prior written notice to the LESSOR in the manner set forth in this Lease, to terminate this Lease at any time for any reason. 18. INTEGRATION. The drafting, execution and delivery of this Lease by the parties has been induced by no representations, statements, warranties or agreements other than those expressed in it. This Lease contains the entire agreement between the parties and there are no further or other agreements or understandings written or oral in effect between the parties relating to its subject matter. This Lease cannot be changed or modified except by written instrument executed by all parties hereto. This Lease and the terms and conditions hereto apply to and are binding upon the legal representatives, successors and assigns of both parties. a 157 of 178 19. SEVERABILITY. If any term of this Lease or the application thereof to any person or circumstances shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. 20. NOTICES. All notices required under this Lease shall be sent by certified mails as follows: LESSOR: City of Sebastian 1225 Main Street Sebastian, Florida 32958 -4165 ATTN: City Manager A Copy shall be provided to the Sebastian City Attorney's Office. LESSEE: Crab E Bill's, Inc. 1540 Indian River Drive Sebastian, FL 32978 -3851 21. GOVERNING LAWNENUE. This Lease shall be governed and construed in accordance with Florida Law. In the event that litigation arises involving the parties to this Agreement, venue for such litigation shall be in Indian River County, Florida. IN WITNESS WHEREOF, the Parties have executed this Lease on the date set forth above. ATTEST: LESSOR City of Sebastian, Florida Sally Maio, MMC City Clerk Bob McPartlan Mayor APPROVED AS TO FORM AND CORRECTNESS Robert A. Ginsburg City Attorney 0 158 of 178 Witness By: Print Name REVIEWED AND APPROVED FOR FLORIDA COMMUNITIES TRUST BY: Division of State Lands Florida Communities Trust Print Name — Title LESSEE CRAB E BILL'S, Inc. Susan Andrews DPST 10 159 of 178 1' i' 1, 1 AGENDA TRANSMITTAL Subject: Procurement Discussion - Citywide Computer System Upgrade for Submittal by: , City Manager Agenda No. /,3 C / 3. / 7 Department Origin: MIS 4 Adm. Srvc.. City Clerk: City Attorney: Date Submitted: For Agenda of: SUMMARY The City of Sebastian has allocated $250,000 for technology upgrades during the 2013 -2014 fiscal year. There are a number of priorities that MIS plans to address during this fiscal year (in order of priority): 1) Replace UPS (Uninterrupted Power Supply) units; 2) Upgrade data switches; 3) Move the City to a five year cycle of replacing all desktop and laptop computers throughout the City's infrastructure; 4) Add/upgrade server capacity; and, 5) Continue the VMware® infrastructure implementation project. The question has been posed as to whether or not to send out these subprojects for Request For Proposal (RFP), or to utilize pre - established contracts between vendors and the State of Florida as starting points to establish purchase prices. RECOMMENDED ACTION Because this project is a critical component to our operations and has received much staff review, outside consulting review and Council oversight, staff seeks to ensure Council support prior to moving forward with formal procurement. At this juncture, City staff recommends a blinded approach to procurement. That approach would (1) seek bids to replace the UPS units in the major data centers; and, (2) utilize state contracts to purchase other hardware and software. In short, City staff recommends this approach to ensure quality product purchases, establish the best long term maintenance contracts and quickly solve ongoing computer related issues for staff. In greater detail, below are additional arguments for the procurement recommendation being posed to Council: 160 of 178 1) PRICING AND ADMINISTRATIVE OVERHEAD It has been common practice for the City to purchase items off "State Contract". It is estimated that approximately $150,000 - $180,000 will be needed to purchase the City's current hardware requirements (60 laptops and 80 desktops). The State of Florida has established several contracts with various equipment vendors for the purchase of computers and IT- related equipment and MIS staff has specific preferences for computer hardware. From a cost standpoint, MIS staff has compared published pricing for HP and Dell equipment to state contract pricing. Further, staff has been in contact with representatives from each company in order to negotiate a better than state contract price. Hence, by purchasing the computer hardware in this fashion (1) City procurement guidelines are met; and, (2) a competitive price has been sought; and, (3) the process to upgrade the system is more rapidly achieved. Below is a price comparison chart: PRODUCT STATE CONTRACT PRICE I POTENTIAL NEGOTIATED PRICE HP — Laptops $1,487.20 $1,487.20 Dell — Laptops $1,499.55 $1,385.00 HP — Desktops $935.40 $935.40 Dell — Desktops $1,043.34 $979.99 2) PRODUCT SPECIFICATION By utilizing state contracts and agreements, as opposed to going out to bid, the City can avoid issues with "bid confusion" where specifications may be interpreted differently by competing vendors. These potential variances in interpretation can lead to an inability to draw fair comparisons between presented products and solutions (apples vs. oranges). Working with a specific vendor allows for comparisons between related product families for a more fair comparison. 3) VENDOR PREFERENCE Over the years the City has traditionally conducted business with Dell, Inc. for its computer and server needs. The contract between the State of Florida and Dell, Inc. has been cited as a starting point for pricing with negotiations for further discounted pricing. A standing relationship has been established between MIS staff and our assigned account manager. MIS staff has familiarity with Dell Inc.'s policies and procedures related to equipment models, sales processes, and technical support. However, if pricing does not fall within budget parameters, Staff is prepared for a financial savings and shift to the next best product, which is HP. 4) TIMING ISSUES The bid process brings the possibility of slowing down the procurement and installation process of new computer systems by introducing procedural complications. These complications and scheduling issues will have adverse effects on other projects that depend on the City's network infrastructure being upgraded including the Sebastian Police Department CAD/RMS project with CAPERS®. For these reason staff seeks Council's approval to move forward with the purchase of MIS equipment as described herein. Assuming Council approves this process, a purchasing requisition will be on the December consent agenda, seeking Council's final approval. 161 of 178 �C� J AP_VNnA TRANCMiTTAT. Subject: Reinstatement of Maintenance Agenda No. l3 F- 13.172- Worker II Position in Facilities Maintenance Division of Public Works part ent On ' Public Works in ices Director: A rov or Submittal by: inane Director City Clerk: City Attorney: Ail Vr, City Manager Date Submitted: November 5, 2013 For Agenda of: November 13, 2013 Exhibits: EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $30,860 $32,202 REQUIRED: SUMMARY On December 27, 2012, management had to un- expectantly terminate the Facilities Maintenance Supervisor. Terry Reno, the Maintenance Worker II in the division, was then promoted to this position, but management never replaced the Maintenance Worker II position left vacant by Mr. Reno's promotion, leaving the division one position short. Our thought in not replacing the position, was to see how efficient the division could operate without replacing the Maintenance Worker II position. Additionally, the savings generated by eliminating the position last fiscal year, assisted in funding the Englar Drive road paving. Currently the facilities maintenance division consists of the following staff: 1- Facilities Maintenance Supervisor, 1- Maintenance Worker I, who is primarily responsible for cleaning all the restrooms on a daily basis and 4- temporary part time custodians. The facilities maintenance division is responsible for maintaining over 46 city facilities and for overseeing all maintenance contractors. As a result of the staff shortage in this division, vacations have not been taken, overtime is on the rise, and the supervisor is showing signs of stress. The supervisor has managed to keep the division running smoothly without any assistance for almost a year, and the time has come to provide some relief. 162 of 178 We are requesting the reinstatement of the Maintenance Worker II position and following is how we intend on funding this position. Cost of Reinstating Maintenance Worker II Position Salary (Jan 1 — Sept 30) $22,578 FICA 1,727 Insurance 4,523 Retirement 2032 Total estimated cost $30,860 Personnel Savings for Fiscal Year 2014 City Manager Salary ($12,150) FICA ( 929) Insurance ( 2,023) Retirement 1,093) Savings ($16,195) Other Public Works Position Savings Salary ($12,009) FICA ( 918) Insurance ( 1,999) Retirement 1,081) Savings ($16,007) Total estimated savings ($32,202) RECOMMENDED ACTION Move to approve the reinstatement of the Maintenance Worker II Position in the Facilities Maintenance Division of Public Works, and to prepare the appropriate budget adjustments from the City Manager and Public Works salary line items to fund the position. 163 of 178 Subject: AGENDA TRANSMITTAL Sebastian Lion's Request for Submittal by: , City Manager Agenda No. /3943.Z* SUMMARY Department Origin: City Manager Administrative Srvc: City Attorney: City Clerk: Date Submitted: 7 NOV 13 For Agenda Of: 13 NOV 13 Norman Meyer of the Sebastian Lion's Club is seeking a modification to their Agreement for the 4h of July. The Lion's Club would like Council to consider approving alcohol consumption outside the beer garden during the fireworks display. 164 of 178 Norman Meyer, MD 107 Wood Stork Way Sebastian, FL. 32958 Home: 581 -0526 Cell: 538 -7658 Email: nm2101@yahoo.com November 13, 2013 City Manager Al Minner City of Sebastian City Council City Hall 1225 Main Street Sebastian, FL. 32958 Dear Mr. Minner, Congratulations on your new position. We will miss you! I wish to petition the City Council on behest of the Sebastian Lions Club to allow, at our discretion, purchaser's of beer at the 4h of July Festival Beer Corral to take the beer into Riverview Park and across Indian River Drive to the waterfront for the fireworks. Police Chief Morris is okay with this. Chief Morris and many patrons have questioned our restriction when The Arts Festival and The Clambake safely allow beer consumption in the Park. We would still have the beer corral which serves as a place to eat, and rest. We will encourage all beer to be consumed there. All consumers verified to be eligible to buy beer will have a wrist band and a cup with the company's logo so that the police will know who has passed inspection. Probably, the amount of beer which would leave the Beer Corral would not match the amount brought in from the parking lots or other areas. The Sebastian Lions Club has safely and successfully run a Beer Corral at the 4`h of July Festival in 2011, 2012, and 2013. Two of our members are certified by TIPS — Training for Intervention ProcedureS — designed to educate the Lions in skills and knowledge for the responsible sale and consumption of alcohol. Hopefully, you will allow us to do this on a trial basis for 2014 with an extension for the future if it goes well. We sincerely believe we can safely monitor the sale and consumption of beer even if the consumer enters the main park. Yours truly, Norman Meyer, MD 4'' of July Chairman Sebastian Lions club 165 of 178 10t )VrL� LEIWs PgWr bf b (zf- t:Ac4f V"�P-Z Mayor Bob McPartlan City of Sebastian City Council City Hall 1225 Main Street Sebastian, FL. 32958 Dear Mayor McPartlan, Norman Meyer, MD 107 Wood Stork Way Sebastian, FL. 32958 November 13, 2013 Home: 581 -0526 Cell: 538 -7658 Email: nm2101@yahoo.com I wish to petition the City Council on behest of the Sebastian Lions Club to allow, at our discretion, purchaser's of beer at the 4h of July Festival Beer Corral to take the beer into Riverview Park and across Indian River Drive to the waterfront for the fireworks. Police Chief Morris is okay with this. Chief Morris and many patrons have questioned our restriction when The Arts Festival and The Clambake safely allow beer consumption in the Park. We would still have the beer corral which serves as a place to eat, and rest. We will encourage all beer to be consumed there. All consumers verified to be eligible to buy beer will have a wrist band and a cup with the company's logo so that the police will know who has passed inspection. Probably, the amount of beer which would leave the Beer Corral would not match the amount brought in from the parking lots or other areas. The Sebastian Lions Club has safely and successfully run a Beer Corral at the 4h of July Festival in 2011, 2012, and 2013. Two of our members are certified by TIPS — Training for Intervention ProcedureS — designed to educate the Lions in skills and knowledge for the responsible sale and consumption of alcohol. Hopefully, you will allow us to do this on a trial basis for 2014 with an extension for the future if it goes well. We sincerely believe we can safely monitor the sale and consumption of beer even if the consumer enters the main park. Yours truly, Y � Norman Meyer, MD 4t' of July Chairman Sebastian Lions club 166 of 178 Subject: Park Use for 24 -Fit for Submittal by: , City Manager 1, AGENDA TRANSMITTAL Agenda No. Department Origin: City Manager Administrative Srvc: City Attorney: City Clerk: SUMMARY Date Submitted: 7 NOV 13 For Agenda Of: 13 NOV 13 Greg Richards of 24 -Fit is seeking special permission from the City to use Riverview Park for an exercise group. While this would seem a very simple request, the exercise group is made up of approximately 150 people. Further, Mr. Richards represented the intention to increase the size of the group to 300 +. In June /July 2013 the group started using Riverview Park for their exercise activities. Mr. Richards did speak with Jan King and Chris McCarthy about permit requirements. However, mis- communication occurred as staff had no inclination that the group would be so large. As a result, after the group began, the Office of the City Manager received several complaints about the group's size, noise and use of the park interfering with "regular" park activities. Pursuant to Section 74 -6 "Park Event Permits ", events conducted in the park require approval by the City Manager. Pursuant to Section 74 -7 "Special Event Permit ", major events in the park require approval from City Council. These code sections are then guided by Resolution R- 10 -15. Those documents are attached for your review. Due to the size of the group and according to these regulations, the Office of the City Manager ordered that 24 -Fit stop activities in Riverview Park until such a permit is issued. This situation is complex in that their activity is conducive to park use on a smaller scale. However, their use becomes problematic due to their size and meeting regularity. Any park use permit is generally a one time event such as a wedding, birthday party or festival (generally review by City Council). 24 -Fit represented that they wish to use the park 3 -days a week - indefinitely. Per code, that would require a payment of $100 for each use. As a result, it is best for Council to review this situation and advise accordingly. 167 of 178 PART II - CODE OF ORDINANCES Chapter 74 - PARKS AND RECREATION ARTICLE III. - RECREATIONAL IMPACT FEES Sec. 74 -6. - Park event permits. No person shall conduct a park event without the prior approval of the city manager. Any person desiring to conduct a park event shall submit a written application to the recreation department on forms promulgated by the city manager and shall pay fees as established by resolution of the city council. Further conditions for park event permit approval may be set out by resolution of the city council. (Ord. No. 0- 00 -20, § 6, 9- 13 -00; Ord. No. 0- 02 -15, § 6, 11- 13 -02) Sec. 74 -7. - Special event permits. (a) No person shall conduct a special event without the prior approval of the city council. Any person desiring to conduct a special event shall submit a written permit application to the recreation department on forms promulgated by the city manager. The amount of the permit fee and conditions for special event permit approval shall be established by resolution of the city council. (b) The city council shall deny an application if the special event will unreasonably conflict with public policy or adequate measures cannot be taken by the applicant to protect the public health, safety and welfare. A decision of the city council to deny, or to grant with conditions, an application made pursuant to this section shall be final. (Ord. No. 0- 00 -20, § 7, 9- 13 -00; Ord. No. 0- 02 -15, § 7, 11- 13 -02) Sec. 74 -8. - Enclosed public -use facility permit. (a) No person shall utilize an enclosed public -use facility without the prior approval of the city manager, except that certain uses shall require city council approval as set out in paragraph (c) below. Anyone desiring to utilize an enclosed public -use facility shall submit a written application to the recreation department on forms promulgated by the city manager and shall pay fees as established by resolution of the city council. Further conditions may be set out by resolution of the city council. (b) No permit shall be granted for the commercial use of an enclosed public -use facility, although fund - raising for non - profit organizations shall be allowed subject to council approval as set forth below. In the event that gambling activity is to be a part of the permitted use, the city council shall make a determination that such activity is not in conflict with the general law of the State of Florida. (c) In the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11:00 p.m., or if a charge for admission, food costs, required donation or other fee is to be assessed, then the permit can only be issued upon approval of the city council. (Ord. No. 0- 00 -20, § 8, 9- 13 -00; Ord. No. 0- 02 -15, § 8, 11- 13 -02) Sec. 74 -9. - Claims against security deposit. All or part of the security deposit for any permit issued under this article shall be forfeited to the city if it is determined by the city manager that non - compliance with the terms of this article or conditions of the permit occurred, or if damages to the facilities have occurred which can be attributed to the applicant. The city manager is authorized to pro -rate the amount of estimated damages and shall return any amount of the deposit in excess of estimated damages. Damages are determined to be either physical destruction to the facilities or costs associated with specific clean -up attributable to the applicant. Sebastian, Florida, Code of Ordinances Page 5 of 11 168 of 178 RESOLUTION NO. R -10 -15 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING CLASSIFICATIONS FOR RECREATIONAL FACILITIES IN THE CITY; ADOPTING PROCEDURES AND FEES FOR RECREATIONAL USE PERMITS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 74, Article I of the Sebastian Code of Ordinances, generally provides for Park Use Procedures and calls for a Resolution to more specifically govern park use; and, WHEREAS, on May 12, 2004, City Council adopted Ordinance No 0 -0406 which amended provisions for alcoholic beverage use in City parks by eliminating the need to be a City sponsored event; and, WHEREAS, this Resolution shall amend R -02-47 and serve as supplementary guide for providing Rules, Regulations and Procedures when administering and granting Park Use Requests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. CLASSIFICATION OF RECREATIONAL FACILITY. In accordance with Section 74 -2, the following list designates public facilities into classifications and stipulates that type of permit required: RECREATIONAL FACILITY Community Center Yacht Club Barber Street Sports Complex (includes Skate park) Airport Park Schumann Park Blossom Park East Street Park Filbert Street Park Friendship Park Garden Club Park George Street Park Hardee Park Riverview Park — Main Complex Riverview Park — South/Southeast Riverview Park — Pavilions Indian River Drive Board Walk Yacht Club Pier Main Street Pier, Ramp, Parking Area Rotary Club Pier Riverview Park Observation Pier Schumann Boat Ramp CLASSIFICATION Enclosed Public -Use Facility Enclosed Public -Use Facility Park Area Park Area Park Area Park Area Park Area Park Area Park Area Park Area Park Area Park Area Park Area Park Area Park Area Waterway Facility Waterway Facility Waterway Facility Waterway Facility Waterway Facility Waterway Facility PERMIT REQUIRED Public Facility Permit Only Public Facility Permit Only Park Event or Special Event Park Event Only Park Event Only Park Event Only Park Event Only Park Event Only Park Event Only Park Event Only Park Event Only Park Event Only Park Event or Special Event Park Event or Special Event Park Event or Special Event Section 745 Code of Ordinances Section 745 Code of Ordinances Section 745 Code of Ordinances Section 745 Code of Ordinances Section 745 Code of Ordinances Section 745 Code of Ordinances If a City facility /park is not listed in the table above any park event, special event or facility use permit(s) is prohibited, without the approval of City Council. 169 of 178 PARK EVENT PERMIT SECTION 2. APPLICATION, CONDITIONS AND FEES FOR PARK EVENT _PERMIT (75 — 300 Participants). In accordance with Section 74 -6, the following conditions apply to application for a Park Event Permit: A. Application. Applications for Park Event permits shall be submitted to the Parks and Recreation Supervisor, on a form promulgated by the City Manager, along with a $100 application/permit fee and $100 security deposit. The application shall list the name and address of the permittee, and the purpose of the event. B. Application for Pavilion Only. Applications for Park Pavilion permits shall be submitted to the Parks and Recreation Supervisor, on a form promulgated by the City Manager, along with a $50 application /permit fee and $100 security deposit. The application shall list the name and address of the permittee and the purpose of the event. C. Conditions. Applicants shall meet with the City Manager to discuss: 1. Provisions for traffic and parking, solid waste collection and removal, sanitary facilities, security, anticipated impact on use of the subject Recreation Facility by the public generally, and any other implications for the public health, safety and welfare. 2. Need for and method of reimbursement if City resources are needed to adequately protect the public interest. D. City Manager Approval. The City Manager shall approve the permit if it he has determined that said Event will not adversely affect the interest of the public, and has worked out an agreement governing mitigation measures, and financial responsibility therefore, of the public welfare issues raised by the Event. In the event the City Manager denies the permit, the applicant may appeal the determination to the City Council. E. Permit. Permits shall be issued by the City Manager and may only be issued in the name of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. F. Alcoholic Beverages. Any request for alcoholic beverage use at a Park Event must be approved by the City Council and will only be allowed in a designated area as set out in the permit. G. Police Service Requirement. The permittee for any function at which 75-150 attendees are anticipated, shall be required to hire one Sebastian Police Officer to attend the function for security purposes at the rate established by the City Manager for City officers hired for private duty, unless waived by City Council. For events between 151- 300 attendees anticipated, it shall be required to hire two Sebastian Police Officers to attend the function. 2 170 of 178 All general provisions for use of City Recreational Facilities as set out in the Code of Ordinances shall apply to Park Event Permits. SPECIAL EVENT PERMIT SECTION 3. APPLICATION, CONDITIONS AND FEES FOR SPECIAL EVENT PERMIT (more than 300 participants). In accordance with Section 74 -7, the following conditions apply to application for a Special Event: A. Application. Applications for Special Event permits shall be submitted to the Parks and Recreation Supervisor, on a form promulgated by the City Manager along with a $200 application /permit fee and a $200 security deposit; and include the following information: 1. Name and address of permittee. 2. Purpose of the event. 3. A list of all vendors and others that will participate in said Event and guarantee that they meet all applicable permit or licensing requirements, and comply with all applicable laws, code provisions, and duly promulgated rules and regulations governing use of the subject facility. 4. A schematic of any all structures to be erected or otherwise assembled as part of the Event and a site map showing placement and use of such structures within the park. B. Conditions. Applicants shall meet with the City Manager to discuss: 1. Provisions for traffic and parking, solid waste collection and removal, sanitary facilities, security, anticipated impact on use of the subject Recreation Facility by the public generally, and any other implications for the public health, safety and welfare. 2. Need for and method of reimbursement if City resources are needed to adequately protect the public interest. C. Council Approval. The City Manager shall forward the permit application to the City Council with his recommendation as to whether said Event is in the best interests of the public, and if necessary, submit a proposed agreement governing mitigation measures, and financial responsibility therefore, of the public welfare issues raised by the Event. D. Alcoholic Beverages. Any request for alcoholic beverage use at a Special Event must be approved by the City Council and will only be allowed in a designated area as set out in the permit. E. Permit. Permits shall be issued following approval of the City Council and may only be issued in the name of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. All general provisions for use of City Recreational Facilities as set out in the Code of Ordinances shall apply. 3 171 of 178 ENCLOSED PUBLIC -USE FACILITY PERMIT SECTION 4. APPLICATION, CONDITIONS, AND FEES FOR ENCLOSED PUBLIC - USE FACILITY PERMIT. In addition to those provisions set out in the Code of Ordinances, the City Council hereby adopts the following rules, regulations and fees for the use of enclosed public use facilities (the Sebastian Community Center and the Sebastian Yacht Club): A. An application for a permit for an enclosed public -use facility must be submitted on a form, promulgated by the City Manager, to the Parks and Recreation Supervisor, along with the security deposit fee as set out in this Resolution. The application must be received at least two weeks prior to the date of the requested use, however, an application for a permit requiring City Council approval must be received at least two weeks before the next Regular City Council meeting date which is prior to the date of the requested use. B. In accordance with the Code of Ordinances, in the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11:00 p.m., or if an admission charge is to be assessed, then the City Manager shall not issue a use permit until directed to do so by the City Council. No alcoholic beverages of any type may be brought on to the premises, dispensed, or otherwise consumed without prior authorization of the City Council. No admission fee or other charge may be imposed by the permittee unless expressly authorized in the use permit. Prior to issuance of the permit, the City Council shall make a determination that the proposed admission charge or other fee is not intended to further a commercial purpose. C. The City Manager, or his designee, shall issue a use permit upon a determination that the requested use is permissible pursuant to this Resolution and upon payment of the appropriate rental fee as set out in this Resolution. It is the policy of the City of Sebastian that no waivers of the rental or security deposit will be permitted, except as otherwise provided for in this Resolution. D. A use permit for a group composed who accepts the total responsibility for the period covered by the permit. of minors shall be issued only to an adult supervision of each minor throughout the E. The applicant shall disclose the nature of the proposed activity and the anticipated need for extra work by City personnel. If it is determined that the permittee will cause extra work by City personnel as a result of the proposed use, an additional fee shall be charged in order to fully recoup such cost. F. No decoration of any type shall be permitted without prior approval. Any decoration utilized must be removed by the permittee. No nails or staples may be used to hang decorations. 4 172 of 178 G. The permittee shall not, under any circumstances, remove any chairs, tables, or any other equipment from the facility. H. The permittee shall bear the responsibility for the control of the lights, thermostats (specifically turning off after events), and other equipment in the facility. Further, the permittee shall bear responsibility for the unlocking and subsequent securing of the doors of the facility. In the event that an applicant anticipates any special needs with regard to heating, air conditioning, or lighting, he shall disclose the details of such necessities at the time of application. 1. The permittee is solely responsible and answerable to the City for damages and to any injured person for any and all accidents or injuries to persons or properties resulting from the use of the facility during the permitted period. The permittee shall ensure that the facility is left in the same condition as it was in prior to the permitted use. Any facility equipment utilized must be replaced in the facility's storage room after use. J. Use permits are not transferable. K. The permittee for any function at which 76 or more attendees are anticipated, shall be required to hire one Sebastian Police Officer to attend the function for security purposes at the rate established by the City Manager for City officers hired for private duty, unless waived by City Council. The ratio of the number of attendees to required officers is attached hereto as Exhibit "A ". Verification of the agreement with the Sebastian Police Department shall be obtained by the Parks and Recreation Supervisor prior to issuing a key to the permittee. If the Police Department verifies that a sufficient number of School Resource Officers will be used to handle security for a teen dancetfunction, hiring of police officers is not required. Private duty police officers shall be available for groups of any size if requested by the permittee. L. A minimum deposit of Two Hundred Fifty Dollars ($250.00) must accompany each application for use of the Community Center and Yacht Club. This deposit is refundable if a facility is left in a clean and undamaged condition by the permittee. In the event that the City, in its sole discretion, determines that cleaning or repairs are necessary after the permitted use, the deposit shall be forfeited. In the event that cleaning or repairs are not necessary, the City Clerk shall refund the deposit to the permittee within two (2) weeks after the completion of the permitted use. Rates for Community Center and Yacht Club are as follows: Public Use Facility Resident Rates Non - Resident Rates Community Center Four (4) hr flat rate $ 200.00 Four (4) hr flat rate $ 300.00 Each Additional hr $ 30.00 Each Additional hr $ 50.00 Yacht Club Four (4) hr flat rate $ 100.00 Four (4) hr flat rate $ 150.00 Each Additional hr $ 25.00 Each Additional hr $ 30.00 Exemption from Rates: The Sebastian Property Owners Association is exempt from payment of fees up to a limit of two meetings per month at the Yacht Club based on a prior agreement with General Development Corporation relative to this facility. Not - for - profit Organizations: In the event that the applicant is a school, church, or other tax exempt entity, as defined by the Internal Revenue Service Code, the charges for use of the Sebastian Community Center or the Sebastian Yacht Club shall be one -half (1/2) the regular rate. 173 of 178 All general provisions for use of City Recreational Facilities as set out in the Code of Ordinances shall apply. SECTION 5. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 6. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember Coy . The motion was seconded by Councilmember Hill and, upon being put into a vote, the vote was as follows: Mayor Richard H. Gillmor aye Vice Mayor Jim Hill _aye Councilmember Andrea B. Coy aye Councilmember Eugene Wolff aye Councilmember Don Wright aye The Mayor thereupon declared the Resolution dully passed and adopted this 14th day Of ,July '2010. ATTEST: mmc, u (,� C! erk- AOr Sally A. aio, City Clerk - MMC City Clerk (SEAL) CITY OF SEBASTIAN, FLORIDA Richard W. tilhor, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City A orney 6 174 of 178 EXHIBIT "A" Adult Function With: NUMBER OF GUESTS 0 -75 76-250 251 — 300* High School or Jr. High School Dances /Function: NUMBER OF GUESTS 0-99 100 -199 200 -300* POLICE OFFICER REQUIREMENT 0 1 2 POLICE OFFICER REQUIREMENT 0 1 2 All City Facilities reach Maximum Capacity after 300 persons. 7 175 of 178 Subject: AGENDA TRANSMITTAL Native Tackle — Kelly Alonzo for Submittal by: , City Manager SUMMARY Agenda No. / "l " Department Origin: City Manager Administrative Sry City Attorney: City Clerk: Date Submitted: 7 NOV 13 For Agenda Of: 13 NOV 13 Kelly Alonzo of Native Tackle would like to address Council about conflicts that arise during street closures. Ms. Alonzo contends that her business suffers when the City closes Indian River Drive. Staff has spoken with Ms. Alonzo and we have tired to arrange different schedules and suggestions for how to avoid such business interruption. 176 of 178 DATE: TO: FROM: RE: CRYOF SESAN HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589 -5330 • FAX (772) 589 -5570 November 1, 2013 Honorable Mayor and Members of Sebastian City Council Robert A. Ginsburg, City Attorney Claims Against the City of Sebastian 111A - 131 0� In my capacity as City Attorney, the following is an update on recent cases and other potential claims against the City as of November 1, 2013. Claims Claimant Incident Date Claim Filed Helen Hyde Fell when crossing street. 03/27/2010 Ann Marwick Tripped on curb. 07/14/2010 Mary E. Mills Fell on uneven sidewalk on Barber Street at Salem Ave. 04/28/2011 Shane Onderlinede Motor vehicle accident. 09/30/2011 Keith A. Grainger Harassment. 02/06/2012 Lisa Tafuri Crashed into police car. 07/03/2012 Michael Morrison Damage to vehicle at July 0 event. 07/10/2012 Lamar Day Loss of services. 08/01/2012 Trudi Case Vehicle accident. 08/07/2012 Dina M. DeGroat Police Brutality. 08/14/2012 Kelly Ketcham, William Carrol, Angela McNair & Dawn Sparling Motor Vehicle Accident. 12/17/2012 John Peden, MD Stormwater Easement Inverse Condemnation 10/25/2013 177 of 178 OUTSIDE COUNSEL Additionally, there are matters for which I am not attorney of record that are being handled through special counsel retained by our insurers. These cases and the lead counsel are: Plaintiff Incident Status Counsel Michelle Day v. City of Sebastian Motor vehicle accident. Case Pending Morris, Dean, Ringers, Morgan, Lawton Edward T. Clarke v. City of Fall on Morris, Dean, Ringers, Sebastian sidewalk. Case Pending Morgan, Lawton Fisherman's Landing Restaurant Morris, Dean, Ringers, LLC v. City of Sebastian Negligence Case Pending Morgan, Lawton The City is also a party to several foreclosure bankruptcy cases as a result of filed municipal liens. 178 of 178