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HomeMy WebLinkAbout04-25-2018 CC Agendarnv of SET�V HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, APRIL 25, 2018 - 6:00 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 WFBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. INVOCATION — Pastor David Daniel, Sebastian Church of God 3. PRESENTATION OF COLORS — U.S. Naval Sea Cadets, David McCampbell Battalion 4. PLEDGE OF ALLEGIANCE 5, ROLL CALL 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. 18.061 A. Dedication of Freedom Shrine Donated to the City by the Exchange Club of Sebastian pgs 4-5 B. Presentation — 25`x' Anniversary of the Sebastian Exchange Club Foundation Blue Water Open Charity Offshore Fishing Tournament Brief Announcements May 5 — Craft Club of Sebastian Show — Riverview Park — 10 am to 3 pm 7. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 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. pgs 6-13 A. Approval of Minutes — April 4, 2018 City Council Workshop & Special Meeting pgs14-18 B. Approval of Minutes — April 11, 2018 Regular City Council Meeting 18.062 C. Resolution No. R-18-20 - Partial Abandonment of Rear Easement — 169 Joy Haven pgs 19-35 Drive (Transmittal, R-18-20, Map, Report, Approvals, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 18, BLOCK 390, SEBASTIAN HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 1 of 70 18.063 D. Approve Chief of Police Employment Agreement (Transmittal, Agreement) pgs 36-47 18.064 E. Approve "Concerts in the Park" Agreement with Sebastian River Area Chamber of pgs 48-50 Commerce (Transmittal, Agreement) 18.065 F. Approve Alcoholic Beverages at Community Center for Mosher Event on June 9, pgs 51-53 2018 from 5:00 pm to 9:00 pm - DOB Verified (Transmittal, Application, Receipt) 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. 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS 12. PUBLIC INPUT New information or requests to City Council not otherwise on the prepared agenda 13. NEW BUSINESS 18.066 A. Approve Modification to Golf Course Restaurant Concession Agreement pgs 54-68 (Transmittal, Lease, Addendum) 14. CITY ATTORNEY MATTERS 18.028 A. Discuss Possible Response to Indian River County Regarding Fire Marshal pgs 69-70 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Council Member Dodd B. Council Member lovino C. Council Member McPartlan D. Mayor Hill E. Vice Mayor Kinchen 18. ADJOURN (All meetings shalt adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website www,cityofsebastian.org. 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 1S MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL 1S TO BE HEARD. (F.S.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. 2 of 70 Future Council Meetina Dates: May 9, 2018 Public Hearing — Special Meeting — 5:00 p.m. May 9, 2018 Regular City Council Meeting — 6:00 p. m. May 23, 2018 Regular City Council Meeting — 6:00 p.m. June 13, 2018 Regular City Council Meeting — 6:00 p.m. June 27, 2018 Regular City Council Meeting — 6:00 p.m. July 11, 2018 Regular City Council Meeting — 6:00 P.M. July 28, 2018 Regular City Council Meeting — 6:00 p.m. PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Regular Citv Council Meetinqs Public input is ALLOWED under the headinqs: ✓ 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 Meetinqs. 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. AppeaIinq 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 Aqenda 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. 3of70 Exchange has two Freedom Shrines® available: one consisting of the title piece and 29 replicas of his- toric American documents and the other consisting of the title piece and 19 replicas of the documents which toured with the Freedom Train. Although the Freedom Shrine is a permanent instal- lation, students may take the Shrine home with them by means of The Freedom Shrine Documents Text Book. This book contains easy -to -read transcripts of the Freedom Shrine documents. Included are the complete texts of several documents of which only portions are displayed on the Shrine. Milestones of Freedom is a contest for students consisting of a quiz based on the Freedom Shrine documents. Although the actual test is administered by school officials, Exchange Clubs provide all the materials as well as the prizes. Freedom Shrine materials can be ordered from the Exchange Club website at http://exchangemarket- place.safeshopper.com or from the printed catalog. 0 Founded in 1911, Exchange Clubs are non-profit, non-sectarian, and non-political. They exist in near- ly every state of the union and the Commonwealth of Puerto Rico. The National Exchange Club Head- quarters is in Toledo, Ohio. The Freedom Shrine is among the best known of the many programs carried out by Exchange Clubs throughout the nation to promote good citizenship and a stronger America. Nationally, these include year-round crime prevention activities, recognition of outstanding youth and child abuse prevention. Exchange, America's Service Club, is a group of men and women working together to make our communities better places to live through programs of service in Americanism, Community Service, Youth Activities, and its national project, the Pre- vention of Child Abuse. • CVEXCNANGE NATIONAL 3050 Central Ave. Toledo, OH 43606 Phone: 800-XCHANGE (924-2643) 419-535-3232 Fax: 419-535-1989 E-mail: info@nadonalexchangeclub.org www.nationalexchangeclub.org 545.21/03/08 The Freedom Shrine` is a registered trademark of the National Exchange Club. This statement is the underlying principle of the Freedom Shrine® -- to remind young Americans that the freedoms we enjoy today must be cherished and protected. The Freedom Shrines is a collec- tion of historic American documents reproduced and attractively displayed in thousands of locations throughout the United States. The purpose of the Freedom Shrine® is to remind all Americans that their freedom is a result of the hard work and determination of our forefathers. The Freedom Shrine® was inspired by the Freedom Traft^i, a traveling exposition of historic American d..KR... ,:.. �, which toured the United States shortly aftc&orld War II. In 1949, the National Exchange Club agreed to install t,� �,......�..[ displays of the most significant of these historical documents in commu- nities throughout the nation so that all Americans would have access to their rich heritage. The Exchange Club of Santa Monica, California presented the first Freedom Shrine to Santa Mon- ica High School on May 26, 1950. Since then, Ex- change Clubs have dedicated thousands of Freedom Shrines" in communities across the nation, Puerto Rico, and at American outposts around the world. Freedom Shrines' exist in the capitol buildings of nearly every state, in the U.S. Capitol Building, at the base of Mount Rushmore, on U.S. warships, in libraries, at U.S. military establishments around the world, and in hundreds of schools throughout the United States. Of the Freedom Shrine" documents, only the first, The Mayflower Compact was written before the concept of the United States of America was I_ur,Leiutd. Because it illustrates that the seed of American freedom was carried to these shores by its settlers, it is considered as part of our American heritage. In many schools, the Freedom Shrine' has been in- tegrated into American History courses and is uti- lized as an invaluable reference for students seeking access to authentic historical American documents. To increase the value and help students understand the Freedom Shrine", the National Exchange Club has published the complete texts of each docu- ment. Although the Freedom Shriner' is an exclusive pro- gram of the National Exchange Club, the presenta- tion of a great many Freedom Shrines" has been co-sponsored by hundreds of individuals and busi- nesses. .71,11- Over the years, five new documents have been add- ed to the Freedom Shrinex; the final draft of the U.S. Constitution, Franklin D. Roosevelt's "Four Freedoms" Address, Kennedy's h.a,.�.�al Address, Martin Luther King, Jr.'s "I Have a Dream" speech, and the Account of the Proceedings of the Susan B. Anthony Trial. �77�' �/ ?/�77., r Jt?IC.!/J2fi � �/ tel. i�.�•,/1jZ �2� The Mayflower Compact The Declaration of Independence —Jefferson's Rough Draft* The Declaration of Independence Benjamin Franklin's Epitaph* Patrick Henry's Instructions to George Rogers Clark* The Treaty of Paris, 1783* The Northwest Ordinance* Washington's Letter to Colonel Nicola Washington's Copy of the Constitution* U.S. Constitution Washington's First Inaugural* Washington's Farewell Jefferson's First Inaugural The Bill of Rights* The Star Spangled Banner* The Monroe Doctrine* Lincoln's Second Inaugural The Emancipation Proclamation* The Gettysburg Address* Lee's Letter Accepting Washington College Presidency* Theodore Roosevelt's Letter on Cuba* The Thirteenth Amendment The Nineteenth Amendment* Letter Naming Eisenhower Supreme Commander* General McAuliffe's "Christmas Message"* Wilson's First Inaugural German Instrument of Surrender, WWII* Jackson's Letter Describing the Battle of New Orleans* Instrument of Surrender in the Pacific FD.R.'s Four Freedoms Speech J.RK.'s "ask Not_" Speech Martin Luther King, Jr.'s "I Have a Dream" Speech Account of the Proceedings of the Susan B. Anthony Trial *-19 document Freedom Shrine an i -T SEBASTLkv HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL WORKSHOP & SPECIAL MEETING MINUTES WEDNESDAY, APRIL 4, 2018 1:30 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the workshop to order at 1:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Members Present: Mayor Jim Hill Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan Staff Present: City Manager Joe Griffin City Attorney Jim Stokes City Clerk Jeanette Williams Administrative Services Director Ken Killgore Police Chief Michelle Morris Also Present: Colin Baenziger, Colin Baenziger & Associates 4. WORKSHOP ITEM fln accordance with R-15-10, at workshops, matters maybe discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. At their March 14, 2018 Council meeting, Council passed a motion to suspend the rules and not permit public input.) A. Conduct Individual Citv Manager Interviews Mayor Hill said the candidates would come forward and sit at the City Manager's desk for their interviews. Ben Newhouse - 1:35 to 2:05 pm (Mr. Newhouse requested to be removed from consideration earlier in the day.) Paul Carlisle - 2:10 to 2:40 pm Mr. Carlisle thanked Council for their consideration and briefly described his background. He said the City provides a great opportunity to bring in some outside ideas and augment some of the current ways of doing business to move forward and solve some of the issues Sebastian is facing. 6 of 70 City Council Workshop & Special Meeting City Manager Selection April 4, 2018 Page Two He has worked on several different types of grants as well as state and federal appropriations. He said a residency clause or utilizing the same health insurance as other City employees were valid considerations. He said Twitter and Facebook were important tools to keep the public informed especially during the hurricane season. He said his current most challenging budget situation is that his County is fiscally constrained since a majority of the land is agriculturally exempt so they must live within their means and continually re-evaluate their tax base. If he should come to Sebastian, he would evaluate each department to see if they are meeting Council's objectives and if not, how it could be corrected. He is willing to be the leader to meet goals that are challenging but not unattainable. He said similar to Sebastian, he oversaw a CRA in Lake Park that distributed facade and drainage grants. In regard to the proposed additional homestead exemption that will affect ad valorem, he said each department will have to look at their wants and needs and determine efficiencies such as replacing fleet to reduce maintenance at the back end and save down time. Another consideration is that Council may also not go back to the rolled -back rate. He said he has been following the infrastructure conversations. They will need to draw up a diverse five to ten year plan. There will also need to be education and communication with the residents as to the water draining into the Lagoon. Mayor Hill described the public/private partnership along the waterfront that is helping to spark development along the Lagoon and asked what his thoughts were regarding funding for the waterfront projects. Mr. Carlisle said anytime you can get private, community, and public dollars together the better because grant writers like to see when people are invested. To work with the business community, Mr. Carlisle said if businesses aren't successful, the City won't be. The City needs to support the businesses and let them know they have a voice at the table. Mr. Carlisle said he would share his SWOT (Strengths Weaknesses Opportunities and Threats) analysis with Council to make good decisions or changes. He said a strategic plan is the City's future and how Council would like to plan and budget for the future; otherwise the budget will be a maintenance budget. 2 7 of 70 City Council Workshop & Special Meeting City Manager Selection April 4, 2018 Page Three Mr. Carlisle said the difference between growth and expansion is when things are left in a box, they begin to deteriorate but when you expand and bring in new dollars that revitalizes communities. Cities should control their own destinies by annexation and development rights. 1:52 pm 1:54 pm In closing, he said he appreciated the opportunity to answer their questions, thoughts, concerns and ideas. He could bring forward some new ideas and paths for the City and he hoped to be the new City Manager. iii. Mark Roonev — 2:45 to 3:15 pm Mr. Rooney said he has 20+ years of local government experience that would be a very good fit for Sebastian after reading the advertisement. He was grateful for the opportunity to be interviewed. He said in the Chicago area, grants are administered on a regional basis and they must show how they will impact the region as well as your community. He said he has hired consultants to work with staff be successful with grant submissions. He said the key to strategic planning is to get Council to focus on where they want to be in five to seven years; he has worked with outside facilitators to mediate changes. Mr. Rooney said management and leadership experience is the same in any community; he would work with staff to get up and running within the two to three months. He would need time to get to know the Council Members and stake holders of the community. He said zero -based budgeting justifies what is in the budget and roots out non- priority items. In regard to annexation, the growth will happen and to ensure the City's viability, it would be good to control. He said he is comfortable with the universal concepts of a City Manager contract, such as living within the City, standard employee health benefits and then negotiating a settlement structure. He said green, sustainable communities have become a hot button issue and he kept Lake Michigan's drinking water a forefront issue. He also participated in a regional compact where the communities had access to a manual of best practices that they called green initiatives. He said technology adds value to cities; provides for more effective management for every department; and there is a great return on investment. 8of70 City Council Workshop & Special Meeting City Manager Selection April 4, 2018 Page Four Mr. Rooney said the community. He said need for the next 10 to City's roads are in great shape compared to his Chicago stormwater maintenance will be an upcoming infrastructure 15 years. He said Illinois has Tax Increment Finance Districts where funds have to be used according to a documented plan which is incentive to improve communities similar to a CRA district. He said intergovernmental relationships are important to share resources and expertise. He said the key is to have a legal document with political accountability. It is the most important thing for a manager to do. He said local government can indirectly create great burdens for small business so an open door is essential to break down the divide and empower staff to not be bureaucratic. He instructed his community development department to get to yes without violating the safety or standards of engineering to help the businesses achieve what they are trying to achieve; sometimes in that process the code needed to be changed. In closing, he appreciated being part of the selection process, staff has been enjoyable and he would like to come to work for Sebastian. 2:25 pm iv iv 2:27 pm Break - 3:15 to 3:30 pm — Earlier in the meeting, Council decided to forego a break and continue with the interviews. Glenn Irbv — 3:30 to 4:00 pm Mr. Irby briefly described his local government experience and education. He said his most challenging budget situation happens to be his current year where his Council decided to have a zero increase to the general fund. He likes to provide the best equipment for his employees to get the job done, which is difficult this year. He said the latest technology is needed to get the job done; he was responsible for bringing the City of Apopka into the 201h Century. He said he has written some small grants and used a consultant to write the more difficult grants who can usually tell if his community stands a chance. He said there is a vast difference between a strong manager versus a Council form of government and in Sebastian he would carry out the policies of Council as a whole. He did not have any object to a standard City Manager contract or relocating to Sebastian. Mr. Irby said the City of Apopka goes through strategic planning every year during the budget process. 4 9of70 City Council Workshop & Special Meeting City Manager Selection April 4, 2018 Page Five He said Apopka is favored by the SJRWMD for their stormwater treatment and sale of non -potable water. 2:40 pm 2:41 pm In regard to intergovernmental relationships, he said they are important to help your City move forward. He said he has constructed the documents for one CRA and revitalized another CRA district. He said it is important to interact with the Chamber of Commerce; he would use the media to get the word out and practice an open door policy with businesses, employees, residents and Council. Mr. Irby said he has relatives in Vero Beach and would like to be a part of Sebastian and move his family here. V, Susan Hann — 4:05 to 4:35 w Ms. Hann said she is interested in coming to Sebastian where she would be a good fit given her strong and lengthy background with the City of Palm Bay facing the same drainage, road, infrastructure concerns. Also, as a Brevard MPO staff director for eight years, she understood the role of bringing transportation revenue into the City. She said she would appreciate the opportunity to be Sebastian's City Manager. She said she had some significant budget deficits to address when she came to the City of Palm Bay and upon approval of the bargaining units, used employee furloughs as well as a tax increase to solve the budget deficit. She said annexation with strategic initiatives would be positive for the City, noting it would important for Council to control the land use activities on Sebastian's borders. She said her most challenging budget situation was the $4.5M budget deficit that she faced upon arriving at the City of Palm Bay; she did not want to initiate across the board cuts so she prioritized their resources and made strategic investments to be successful in the long run. Ms. Hann said technology is a strong tool to provide communication, GIS mapping, and trend analyses for the City. She said she has an extensive history of grant writing and has requested legislative appropriations to address capital improvement projects. She has been working on stormwater projects during her entire career. In regard to opportunities on the horizon, she said the upcoming annexation will be big for Sebastian; the seawall issue will be significant; and the strong investment by the residents and Chamber will provide additional opportunities for the City. 5 10 of 70 City Council Workshop & Special Meeting City Manager Selection April 4, 2018 Page Six She said she would prefer to live in her Malabar home that she built 25 years ago and if selected would definitely be a part of the community. She would consider moving if required but preferred to stay in her home. She said the CRA's direct riverfront access is a great economic engine for the City and is familiar with tax increment financing. Ms. Hann said the City Manager is an advocate for the community for all intergovernmental relationships. She plans to be at City events and the Chamber Board meetings to understand the needs and concerns of the citizens and business owners. She said the City Manager is a facilitator rather than provider of rules and regulations that need to be followed; facilitating is more in line with strong economic development. She said the City could become SNAP (Simple Nimble Accelerated Permitting) certified. She thanked Council for the time they have spent with all of the candidates. She appreciated Council for what they do and their collegiate environment and would like to be a part of it. 2:58 pm 5. Mayor Hill thanked Colin Baenziger and staff for facilitating the last couple of days and asked Council to return at 5:00 p.m. to make their decision. He adjourned the workshop at 2:58 p.m. 6. Mayor Hill called the Special City Council meeting to order at 5:00 p.m. 7. ROLL CALL Mayor Jim Hill Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan Staff Present: City Manager Joe Griffin City Attorney Jim Stokes City Clerk Jeanette Williams Administrative Services Director Ken Killgore Police Chief Michelle Morris Also Present: Colin Baenziger, Colin Baenziger & Associates It was the consensus of Council to add the opportunity for the public to provide input at item #8B. 6 11 of 70 City Council Workshop & Special Meeting City Manager Selection April 4, 2018 Page Seven 8. DISCUSS AND SELECT NEW CITY MANAGER — IF NO SELECTION, ANNOUNCE SPECIAL MEETING APRIL 5, 2018, 5:00 P.M. There was no objection to Mayor Hill's suggestion that they should make nominations for their choice of the candidates and then a roll call would be taken if there were more than one nomination. Council Member McPartlan nominated Paul Carlisle for the next City Manager. Council Member lovino also nominated Mr. Carlisle. There were no other nominations. Mr. Paul Carlisle was appointed to be the next City Manager for the City of Sebastian. MOTION by Mayor Hill and SECOND by Council Member Dodd to direct the City Attorney to start the process of negotiations with Mr. Paul Carlisle for the purpose of hiring him as the next City Manager. Council Member Dodd thanked Mr. Baenziger for the four extremely qualified candidates. Council Member lovino agreed, noting each candidate had an area of expertise but Mr. Carlisle was well-rounded. Mayor Hill said while the decision was difficult, it seemed Council's like -mindedness worked together again. Mr. Baenziger advised that even though he expected negotiations to go through with Mr. Carlisle, it would be good for Council to pick a second candidate. Roll call: Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Motion carried 5-0. Mayor Hill called for nominations for an alternate candidate. Council Member Dodd nominated Sue Hann. Mayor Hill seconded the nomination. There were no other nominations. In the event that contract negotiations fail with Mr. Carlisle, Ms. Hann would be considered as their second choice to be the next City Manager. MOTION by Council Member Dodd and SECOND by Council Member to cancel the April 5`h, 2018 Special City Council meeting passed with a unanimous voice vote. It was the consensus of City Council to have the City Clerk draft letters of appreciation to the four other candidates for coming to Sebastian and being a part of the process. 8b. Public Inout Damien Gilliams said he reviewed all of the applications and asked for Mr. Carlisle educational background. Mayor Hill advised it was in the backup. Mr. Gilliams said Mr. Carlisle was good candidate but the second candidate had impeccable qualifications. 7 12 of 70 City Council Workshop & Special Meeting City Manager Selection April 4, 2018 Page Eight Approved at the April 25, 2018 Regular City Council meeting. Mayor Jim Hill ATTEST: Jeanette Williams, MMC -- City Clerk 13 of 70 L-nc ASTL SES, _ N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, APRIL_ 11, 2018 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the regular meeting to order at 6:00 p.m. 2. Swami Anjani Cirillo gave the invocation. 3. Council Member lovino led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan Citv Staff Present City Manager Joe Griffin City Attorney James Stokes City Clerk Jeanette Williams Community Development Director Lisa Frazier Assistant Administrative Services Director Cindy Watson Police Chief Michelle Morris Deputy Police Chief Greg Witt 5. AGENDA MODIFICATIONS - 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. 18.051 A. Proclamation — National Volunteer Week — April 15 — 21. 2018 Council Member lovino read and presented the proclamation to members of the Sebastian Volunteer Community Policing Division. 18.052 B. Proclamation - Guardian Ad Litem Month — Gary Bokas, Supervising Attornev, 19th Judicial Circuit Court Council Member McPartlan read and presented the proclamation to Mr. Bokas. 18.053 C. Proclamation — Child Abuse Prevention Month — Anael Robertson, Castle Parenting Solutions Communitv Relations Specialist Council Member McPartlan read and presented the proclamation to Ms. Robertson. 14 of 70 Regular City Council Meeting April 11, 2018 Page Two Brief Announcements 4113118 — Chamber Concert in Riverview Park— Ladies of Soul & LOS Band - 5:30 -- 8:00 pm 4121118 — Natural Resources Board Earth Day & Arbor Day Celebration — Riverview Park — 9 am — 4:00 pm 4121118 — Shredding & Electronics Recycling Event — Riverview Park (behind Speedway) 9 am to noon and the Community Cleanup for Household Furnishings and Whitegoods — Barber Street Sports Complex 9 am - noon 4128118 — Waste Tire Amnesty Day — IRC Landfills — 9 am to 3 pm — no commercial tires please Vice Mayor Kinchen announced the upcoming events. 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 - March 28, 2018 Regular City Council Meeting 18.054 B. Approve Purchase of Two Cisco Catalyst Switches from Veytec in the Amount of $22,359.58 (Transmittal, Quote) 18.055 C. Authorize the Purchase of Three 2018 Ford Explorer Detective Vehicles from Bartow Ford Under the Charlotte County Bid #2015000418 in the Amount of $92,928.29 (Transmittal, Quote, Bid) 18.056 D. Authorize the Purchase of Two 2018 Ford Explorer Patrol Vehicles from Bartow Ford Under the Charlotte County Bid #2015000418 in the Amount of $81,044.18 (Transmittal, Quote, Bid) 18.057 E. Approve the Purchase of One 2018 Chevy Tahoe 2WD K9 Vehicle from Alan Jay Fleet Sales Under the National Joint Powers Alliance Bid #2018 -120716 -NAF in the Amount of $48,514.35 (Transmittal, Quote, Contract) 18.058 F. Approve Alcoholic Beverages at Yacht Club for Feathers Event on April 29, 2018 from 1:00 pm to 6:00 pm - DOB Verified (Transmittal, Application, Receipt) 18.059 G. Approve Alcoholic Beverages at Community Center for Burton Event on May 19, 2018 from 4:00 pm to 8:00 pm - DOB Verified (Transmittal, Application, Receipt) Vice Mayor Kinchen asked to pull items C and D. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve consent agenda items A, B, E, F and G. ROLL CALL: Vice Mayor Kinchen - Aye Council Member lovino - Aye Mayor Hill - Aye Motion carried 5-0. Council Member Dodd - Aye Council Member McPartlan - Aye 15 of 7Ct Regular City Council Meeting April 11, 2018 Page Three Items C and D The City Manager said he was concerned about a news story out of West Palm Beach where 13 Ford Explorers had engine problems. He learned it was a fuel issue that wouldn't affect the City's purchase and recommended approval. MOTION by Vice Mayor Kinchen and SECOND by Council Member lovino to approve the purchase of the five 2018 Ford Explorers for the Detective and Patrol Divisions of the Police Department. ROLL CALL: Council Member Dodd — Aye Council Member lovino — Aye Council Member McPartlan — Aye Mayor Hill — Aye Vice Mayor Kinchen — Aye Motion carried 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. Mayor Hill reported that at the last County Commission meeting, Sebastian's decision to move forward with the Fire Marshal was discussed. The City Attorney advised that the Commission did vote to write a letter requesting that they work together to resolve the fire inspection issues. Mayor Hill and the City Attorney stated the City has not received the letter yet. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 18.009 A. Approve Citv Manager Contract If Document Available (Transmittal) Mayor Hill announced the document was provided to them and available. (See attached) MOTION by Mayor Hill and SECOND by Vice Mayor Kinchen to approve the contract which includes language regarding Mr. Carlisle's release from his contract with Glades County. ROLL CALL. Council Member lovino — Aye Council Member McPartlan -- Aye Mayor Hill — Aye Vice Mayor Kinchen — Aye Council Member Dodd — Aye Motion carried 5-0. 18.060 B. Aoorove Aareement with FPL to Construct. Manaae, and Maintain a Solar Canovv at the Solash Pad and Authorize Citv Manaaer to Execute Appropriate Documents (Transmittal. 2017 Presentation, Aareement) The City Manager explained CavCorp, the Splash Pad and Dog Park were surveyed for possible installation and staff found the Splash Pad to be an ideal location. 16 of 70 Regular City Council Meeting April 11, 2018 Page Four Bart Gaetjens, External Affairs Manager, introduced Nancy Flickinger, Customer Service Manager; and thanked Joe Griffin for his many years of assistance. Anuj Chokshi, Solar Projects Manager, said currently over 100 Sebastian residents voluntarily participate in the solar program which showcases the community's commitment to renewable energy. The solar structures are clean energy, they provide shading, and bring the concept of solar energy closer to the public. He displayed a PowerPoint of sample canopies, including what the Splash Pad canopy will look like. (See attached) 6:27 pm Mr. Chokshi said the height will be about 12-14 ft. but the height could come down a couple of feet and the 18.6 sq. ft. glass panels can be individually changed out with minimal effort. The City Manager offered to use the existing shade canopies at other locations if possible. MOTION by Vice Mayor Kinchen and SECOND by Council Member Dodd to approve the agreement with FPL to construct, manage, and maintain a solar canopy at the Splash Pad ROLL CALL: Council Member McPartlan — Aye Mayor Hill — Aye Vice Mayor Kinchen — Aye Council Member Dodd — Aye Council Member lovino -- Aye Motion carried 5-0. 11, PUBLIC INPUT - None 12. NEW BUSINESS - None 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS The City Manager said he has reported that some test wells have been successfully drilled by the Ar -Pat's Dry Cleaner and the FDEP Drycleaner Program's assessment will take place for the next year and a half. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Vice Mayor Kinchen reported that she enjoyed attending the Eagle Scout Court of Honor last Saturday. B. Council Member Dodd welcomed the new City Manager. C. Council Member lovino also welcomed the City Manager. D. Council Member McPartlan did not have any matters to report. E. Mayor Hill said he has received negative input regarding the contractor who is working on the swales and driveways. The City Manager said he is aware of inappropriate language and actions; he is hoping to take care of it. 17 of 7(X Regular City Council Meeting April 11, 2018 Page Five The City Manager reported the Dog Park is closed for maintenance and construction but not closed for good. He offered to revise the sign. 17. Being no further business, Mayor Hill adjourned the regular City Council meeting at 6:36 p.m. Approved at the April 25, 2018 Regular City Council meeting. Mayor Jim Hill ATTEST. Jeanette Williams, MMC- City Clerk 18 of 7G in a SEBAST_ __ -:. HOME OF PELICAN ISLAND Council Meeting Date Agenda Item Title: Recommendation: CITY COUNCIL AGENDA TRANSMITTAL 25 April 2018 Resolution R-18-20 Partial Abandonment of a Rear Easement Adopt R-18-20 Background: The property owner of 169 Joy Haven Drive is requesting an abandon 4 (four) feet of his 20 -foot rear easement. A building permit was recently issued for the construction of a new single family residence and the home owner would like to be able to build a wooden deck in the rear, while the home is still under construction. All applicable utility entities have given their approval for the abandonment, including FP&L, AT&T, Comcast, IRC Utilities and Public Works. The rear yard abuts a city -owned drainage waterway. If Agenda Item Requires Expenditure of Funds: Administrative Services Department/CFO review: Attachments: 1. R-18-20 2. Site Map 3. Staff Report 4. Utility Approvals 5. Application City Manager Authorization: Date: 17 April 2018 19 of 70 RESOLUTION NO. R-18-20 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 18, BLOCK 390, SEBASTIAN HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, John Donadio, owner of the land at 169 Joy Haven Drive, Sebastian, Florida, has filed a request for a partial abandonment of the public utility and drainage easement along the northwestern lot line of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The southeastern most 4 (four) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 18, Bloch 390, Sebastian Highlands Unit 11, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public 20 of 70 Section 4. 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 Jim Hill Vice Mayor Linda Kinchen Councilmember Ed Dodd Councilmember Albert Iovino Councilmember Bob McPartlan The Mayor thereupon declared this Resolution duly passed and adopted this 25`h day of April, 2018. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Jim Hill, Mayor Approved as to form and legality for reliance by the City of Sebastian only: James Stokes, City Attorney 21 of 70 MAP OF BOUNDARY & TOPOGRAPHIC SURVEY PROPERTY ADDRESS: LEGAL DESCRIPTION: LOT 118, BLOCK 1390, SEBASTIAN HIGHLANDS UNIT 11 %169 JOY HAVEN DR. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 56 SEBASTIAN, FL. 32958 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CERRFIEI} TO: LOT CONTAINS 10,002 SOUARE FEET,• (0.2J ACRES, MORE OR LESS) JOHN DONADIO (4810 SQUARE FEET WITHIN BUILDING SETBACKS) DEBORAH DONADIO ELKCAM WATERWAY 100' R/W (EXISTING CANAL) 1 ?O r-7-'1� D}, p EDGE OF WATER 'ECL. s. '�+ L - EXISTING SEAWALL (10- CONCRETE CAP) - C6 4-0�.. lf- (1.5' +/- SOUTH OF LOT UNE) APPROXIMATE FLO00 ZONE LINE tid-.jj11, a rA TOP ELEVATION 16.6 LEGEND 0 = WOOD Pomp POLE 0= GAS SERVICE = WELL ® = WATER METER =ELECTRIC SERVICE = TELEPHONE SERVICE ® "CABLE T.V. SERVICE = ELECTRIC LAMPOST a SANITARY SERVICE SMIRA7Y LANHOLE PROPOSED ELEVATION EXISTING ELEVAT3ON e (CONCEP LIAL�WE FLOW L1 FiN it {NO LLI z Li Y zl v F0. 5/6" IR/C ^ - - ZON _ ZONE ±- 17 _ ` 4.5. 607 ?"r¢/'F`4/��/.���•Y''J _ - (ON 20 EMENT) - _ _ IRRIGATION WELL �+' i0•D' - i 18.33' 18.33' L4 7 w F0. 5/8" IR/C LOT # 19 I 19.50' Lr r s.o0' (ON zap EASEMENT) BLK. #390 Q I _' 14.¢5' - (OCCUPIED) STEMWALL F.F.E. 22.1 0L I SO (TYPICAL) CD i w 0 3 cD n m I� Lc) PROPOSED RESIDENCE f ,..1 FORMBOAR)TO N ALACE 6/16/17 TOP OF FORM EL: 22.5 1 1,50' in w '13.33' c� W 10.50`-' 1 25.33' + LOT #17 I ELK. #390 (OCCUPIED) II F.F.E. 22.4 I I GUY ANCHOR ILOT #1B 1r 128.00' BLK. 390 I T II C5 AT&T RISER �HEgn tS - I'll 1/2- I.1-(. C, I NO EXIS71N0 SWALE FDL N// (NO LO.3 C2 I �3 JOY HAVEN DR. I L.S... 46077 Z _ (50' R W I SITE B.M. #2 EL: x8.26 S. 77 G 1 ^~ C_ �{ SITE 8.M. /1 EL: 18.11 20' ASPHALT ROAD z (FIELD BOOK: 105/10 SURVEY DATE: 06/16/2017 REVISIONS JOB # 16-187 FLOOD ZONE: X 8r AE 17 FFL.c.m,;,`.suRAHce # 12061 CO113H 12/4/12 O- Chrf.tapher J. Coonay 12-D9-1fi MOVE 1-10U$E �N IL2E �3 S TNlS MAP 8 REPORT ARE NOT VALID WITHOUT THE SIGNATURE AND IC2 IC3 42.51' 75.86' 1600.00' 131'203 1600.00' 243'00" S $ 25'20" W 42.5816 S 558'32'30' W 75.86' 1 1 IL3 SI49'00" E1IHM S 32'49'00" E 125.00' 1 6/16/17 FORMBOARDS IC4 379.50' 1599.99' 1375'23' S 6641'42" W 378.61' 1 IL4 S 3006'00" E 25.00' I z2 V 1 r1 IC5 77A5' 1625.00' 243'00" S 58'32'30" W 77.04' 1 115 S 30'06'00- E 125.00' 1 IC8 82.98' 1750.00' 2'43'00" N 58'32'30' E 82.97' 1 ILI N 55'39'40' E 268.06' f D 20 4D I c//L A (NNOO N/p I.bb ) BUILDING SETBACKS: 25' FRONT 20' REAR 10' SIDES SHEET 2 OF 2 SCAIF: 1"=211' (FIELD BOOK: 105/10 SURVEY DATE: 06/16/2017 REVISIONS JOB # 16-187 FLOOD ZONE: X 8r AE 17 FFL.c.m,;,`.suRAHce # 12061 CO113H 12/4/12 11-29-16 ADD HOUSE Chrf.tapher J. Coonay 12-D9-1fi MOVE 1-10U$E A Prafeeefan al Surveyor & TNlS MAP 8 REPORT ARE NOT VALID WITHOUT THE SIGNATURE AND I Mapper LS #077 ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND NAPPER 4/25/17 LOT GRADES COONEY 456 Chaloupe Terrace Sebastian, Ff. 32958 NAMED HEREON, WHICH SIGNATURE 8 SEAL MAY 8E FOUND AT THE END 6/16/17 FORMBOARDS SUR4EMN0 AND 772-913-5322 OF THE ATTACHED REPORT. THE NAP 8 REPORT ARE NOT FULL AND .O M PING LLL LB (8070 eaane"cp6gmatl.com COMPLETE WgHOUT ONE ANOTHER. z2 V 1 r1 Indian River County, Florida Property Appraiser _ Printer Friendly Map Print I Back N) ParcellD 0 31382500001390000018.0 0 Indian River County GIS � a 6o - .0i i ��• �Z. Page 1 of 2 OwnerName PropertyAddress DONADIO JOHN J JR & DEBORAH A 169 JOY HAVEN DR SEBASTIAN, FL 32958 http://www.ircpa.org/PrintMap.aspx 4/10/2018 �-n Cf SERAST�" HOME OF PELICAN ISLAND ABANDONMENT OF EASEMENT Staff Report 1. Project Name: Wood Deck for Donadio Residential Property 2. Requested Action. Abandonment of the southeastern most 4 (four) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 18, Block 390, Sebastian Highlands Unit 11, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. 3. Project Location: a. Address: 169 Joy Haven Drive b. Legal: Lot 18, Block 390, Sebastian Highlands Unit 11 4. Property Owner: a. Name: John and Deborah Donadio b. Address: 169 Joy Haven Drive Sebastian, Florida 32958 (954) 658-3884 5. Project Agent: a. Name: John and Deborah Donadio b. Address: same as above 6. Project Description: a. Narrative of proposed action: Application has been made for abandonment of the southeastern most 4 (four) feet of the rear public utility and drainage easement. This home is currently under construction and the homeowner wants to build a 16' X 18' wood deck that would encroach into the easement. 24 of 70 b. Zoning: RS -10 e. Future Land Use: LDR d. Existing Land Use: Single-family residence 7. Utilities Comments: a. Florida Power & Light: Approved b. BeRSouth/AT&T: Approved C. Comcast Cable: Approved d. Indian River County Utilities: Approved e. City Engineering (drainage): Approved f. Public Works Approved S. Planning and Zoning Division Comments: A partial abandonment of the rear easement for four feet was previously granted for a property located at 189 Joy Haven Drive. 9. Staff Recommendation: Approve Resolution R-18-20 Prepared by Michelle Faulkner, Zoning Technician Lill ail W Date 25 of 70 L m L -f 5Ej3A$T1U HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 w FAX (772) 388-8248 www.cityofsebastian.org REOUEST FOR ABANDONMENT OF EASEMENT February 23, 2018 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your comments. Description of Easement to be abandoned: Abandonment of the southeastern most 4 (four) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 18, Block 390, Sebastian Highlands Unit 11, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. Location of Easement: 169 Joy Haven Drive, Sebastian, FL. 32958 UTILITY: Tim Walker, Director of Public Works Via: Hand Delivery APPROVED: !/ DENIED: DATE: APPROVED/DENIED BY: I �z ignature} COMMENTS: / Return to: Michelle Faulkner, Zoning Technician, Community Development Dept. mfaulkneramcitvofsebastian.orp, or Fax (772) 388-8248 26 of 70 Ln OF SEBAS-T," HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, fLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastion.org REQUEST FOR ABANDONMENT OF EASEMENT February 23, 2018 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your comments. Description of Easement to be abandoned: Abandonment of the southeastern most 4 (four) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 18, Block 390, Sebastian Highlands Unit 11, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. Location of Easement: 169 Joy Haven Drive, Sebastian, FL. 32958 CITY ENGINEER: Scott Baker, Public Facilities Director APPROVED: APPROVEDMENIED BY: COMMENTS: DENIED: (Signature) Via: Hand Delivery DATE: 2 - 2 Q0 - 20I t' Return to: Michelle Faulkner, Zoning Technician, Community Development Dept. mfaulknera,citvofsebastian.orP- or Fax (772) 388-8248 27 of 70 CM L-+ 503AST�N HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 n FAX (772) 388-8248 www.cityofsebastian.org REOUEST FOR ABANDONMENT OF EASEMENT February 23, 2018 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your comments. Description of Easement to be abandoned: Abandonment of the southeastern most 4 (four) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 18, Block 390, Sebastian Highlands Unit 11, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. Location of Easement: 169 Joy Haven Drive, Sebastian, FL. 32958 UTILITY: Kevin N. Osthus, I.R.C. Utilities Via email: kosthusrvirci;ov.coin APPROVED: DENIED: DATE: —216�D1� APPROVED/DENIED BY:-:�� �J (Signature) COMMENTS: Return to: Michelle Faulkner, Zoning Technician, Community Development Dept, mfaulknera,citvofsebastian.or.,z or Fax (772) 388-8248 28 of 70 0 1 Of SEBAS.T HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET e SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 r FAX (772) 388-8248 www.cityofsebastian.org REOUEST FOR ABANDONMENT OF EASEMENT February 23, 2018 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your comments. Description of Easement to be abandoned: Abandonment of the southeastern most 4 (four) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 18, Block 390, Sebastian Highlands Unit 11, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. Location of Easement: 169 Joy Haven Drive, Sebastian, FL. 32958 UTILITY: Peggy Bowman, Bell South/AT&T Via email: pbl202@att.com att.com APPROVED: DENIED: DATE: le APPROVED/DENIED BY: �ignature) COMMENTS: Return to: Michelle Faulkner, Zoning Technician, Community Development Dept, mfaulkner(c'&,citvofsebastian.org or Fax (772) 388-8248 29 of 70 EBAST" HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET r SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589.5518 ■ FAX(772)388-8248 www..cityofsebastion.org REOUL:ST FOR ABANDONMENT OF EASEMENT February 23, 2018 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your comments. Description of Easement to be :abandoned: Abandonment of the southeastern most 4 (four) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 18, Block 390, Sebastian Highlands Unit 11, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. Location of Easement: 169 Joy Haven Drive, Sebastian, FL. 32958 UTILITY: Wilson Lope" Comcast Via email: Wilson—lopez@cable.comeast.com APPROVED: DF, HIED: DATE: APPROVED/DEN[ED BY: v ignature) COMMENTS: CL 5 Return to: Michelle Faulkner, Zoning Technician, Community Development Dept. mflulkncr(ii).citvotscha5tizn.org or Fax (772) 388-8248 30 of 70 Ln OF SE13ASTIAN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 r FAX (772) 388-8248 www.cityofsebastian.org REOUEST FOR ABANDONMENT OF EASEMENT February 23, 2018 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your comments. Description of Easement to be abandoned: Abandonment of the southeastern most 4 (four) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 18, Block 390, Sebastian Highlands Unit It, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. Location of Easement: 169 Joy Haven Drive, Sebastian, FL. 32958 UTILITY: Jillian Connolly, FPL Via email, Jillian.Connolly a fpl.corn APPROVED: ✓ // DEMED: / DATE: APPROVED/DENIED BY:��,re Y• k-I�l� �� (Signa ) COMMENTS: Return to: Michelle Faulkner, Zoning Technician, Community Development Dept. mfaulkner a.citvofsebastian.orv- or Fax (772) 388-8248 31 of 70 cpm argue Ste."� -'"- Permit Application No. HOME ofMic"ri �Esu,.0 City of Sebastian Development Order Application Applicant (if not owner, written authorization (notarized) from owner is required) Name: fl,' ��r�A�, Add�rss' � Ph e Number } - FAX Number: "r-,44rCor--) � E-Mail- ��Q i y �r i 111111 Owner (If different from applicant) Name: Address: �G ! Phone Number: ( ) �� FAX Number: E -Mail: Title of permit or action requested: 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): �1 W c B. Site Information Address: Lot: 1 P3 310q k Block: Unit: Subdivision: Indian River County Parcel #: Zoning Classification: D Future Land Use: L_ D Existing Use: R�S`�, Proposed Use: p _ S, a 4-114 C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): DATE RECEIVED: FEE PAID: $ aSD . °" RECEIVED BY: Cft t- ) 32 of 70 Permit Application No. D. Project Personnel: Agent: Name: Address Phone Number: ( ) - FAX Number. - E -Mail: Attorney: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Address Phone Number: ) - FAX Number: E -Mail: Surveyor:Name [ Coo Address V Phone Number:( i ) - FAX Number: ( } - 77a- 13 E -Mail (nn lftu1 n� Iti� {3 � �1'+[�fJti� � . i vY� I,`1011�wJ 1"ww'L , SEfNG FIRST DULY SWORN, DEPOSE AND SAY THAT: IAM THE _ I AM THE LEGAL�REPR€SENTATIVE OF THE OWNER 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 ACCUR TE ND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNAT } i DATE SWORN TO AN SUBSCRIBED BEFORE ME BY J o tr'1 n ,Do►,G-�- C> WHO IS PERSONALLY KNOWN TO ME OR PRODUCED 0L . AS IDENTIFICATION, THIS 23 DAY OF 'F-eA->. 20��. NOTARY'S SIGNATURE a L112-4 -�JICXL�_t 71 PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: "' •., MICHELLE FAULKNER Commission # GG 112348 Expires July 20, 2021 '' ;;„ Banded 71yu Troy Fain Insurance 801385-7819 33 of 70 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. I/WE,=THE WNER(S _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT O APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATfON. I/VIIE HEREBY WAIVE ANY OBJECTION OR DEFENSE IIWE 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 WA ER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED OR PROMI E5 14IADE, SY-,AifMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. IGNATURE �� ` DATt Sworn to an subscribed before me by J bk n 1) QY.GZ CU C, who is personally known to me or produced as identification, this day of JE20AZ_. Notary's Signature Printed Name of Notary Commission No./Expiration Seal: MICHELLE FAULKNER Commission # GG 112348 P:' Expires July 20, 2021 Bwded Tfuu Troy Fain Insurance 8(Ia&S,7019 34 of 70 Permit Application No. Supplemental Information Easements, vacation of 1. Describe the easement to be va ated (provide a legal description, if possible): tv —� 2. Why is this vacation of easement being requested? t i uc) A. :�Jzc-� x 8 , 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. 35 of 70 ImV�Y SEBAST_N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: AGENDA ITEM TITLE: RECOMMENDATION 25 April 2018 Chief of Police Employment Agreement Approve Employment Agreement BACKGROUND: In an effort to provide the City with Police Department continuity of leadership after the outgoing City Manager departs in May 2018, it is appropriate that the Chief of Police is offered an employment agreement. Chief Morris has provided the City stable and loyal leadership of the Sebastian Police Department. Public Safety is a prime concern and must not be compromised by a change in leadership. The Manager recommends approval of the attached two (2) year Employment Agreement. IF AGENDA ITEM REOUIRES EXPENDITURE 'jOF FUNDS: NIA Administrative Services Department/CFO Review:` 1 ATTACHMENTS: City Manager Authorization: Date: 16 April 2018 Employment Agreement j / { 36 of 70 EMPLOYMENT AGREEMENT THIS AGREEMENT, effective the 9�h day of May 2018 (the "Effective Date") by and between the CITY OF SEBASTIAN (CITY), and J. Michelle Morris (EMPLOYEE), governs the terms and conditions of EMPLOYEE'S employment. This document contains seven (7) pages. WHEREAS, CITY desires to retain the services of an administrative officer to manage, direct, supervise and coordinate the activities of its Police Department; and WHEREAS, CITY desires to appoint a Police Chief; and WHEREAS, CITY agrees to employ EMPLOYEE and EMPLOYEE agrees to accept employment with CITY in the position of Police Chief; and WHEREAS, it is the desire of CITY to establish terms and conditions of employment, and to codify working conditions of EMPLOYEE; and NOW THEREFORE, in consideration of the mutual covenants herein contained, CITY and EMPLOYEE agree as follows: I. DUTIES. A. A job description for the position delineating specific job duties is attached hereto as Exhibit A and incorporated herein by this reference. B. CITY agrees that the Police Chief shall be the chief administrative officer of the Police Department, subject to the supervision of the City Manager, pursuant to Section 3.06 of the City Charter. II. DURATION OF AGREEMENT. A. EMPLOYEE shall serve at the pleasure of the City Manager and shall be an at -will contractual employee of the CITY, and waives any rights to a pre - or post -disciplinary hearing in the event of discipline, including termination. 1 37 of 70 B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of City Manager to terminate the employment of EMPLOYEE at any time, subject only to the provisions set forth in Section X. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Manager to cancel this Agreement, subject only to the provisions set forth in Section III (B) and (C). D. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of EMPLOYEE to resign at any time, subject only to the provisions set forth in Section III (A). E. The duration of this Agreement shall be for a period of two (2) years, commencing the 9th day of May 2018, until the 8th day of May 2020. F. Extension of Agreement. In the event either party to this Agreement does not give written notice to the other party at least ninety (90) days prior to the expiration date, this Agreement shall be extended for two (2) years on the same terms and conditions as set forth in this Agreement. Said Agreement shall continue thereafter for two-year periods, unless either party provides written notice to the other party at least ninety (90) days prior to the expiration date of the current period of the Agreement. In the event either party provides written notice at least ninety (90) days prior to the expiration date of the initial term or renewal, the Agreement will expire and EMPLOYEE shall only be compensated for eligible accrued benefits to date, based on the limitations and conditions detailed herein. 111. CANCELLATION OF AGREEMENT. The parties agree that this Agreement may be canceled in one of the following ways: A. EMPLOYEE may cancel this Agreement providing at least 60 -days written notice to City Manager of EMPLOYEE'S voluntary resignation, unless the parties agree otherwise. A timely notice constitutes a "good standing" separation. 2 38 of 70 EMPLOYEE acknowledges and understands that, in the event of a voluntary resignation, EMPLOYEE is not entitled to any severance pay. B. City Manager may cancel this AGREEMENT in the event EMPLOYEE voluntarily abandons the position. A position is considered abandoned after unauthorized absences from work for a consecutive period of three (3) working days (or three (3) assigned shifts) occur. EMPLOYEE is not entitled to severance pay in the event of cancellation due to abandonment. C. If EMPLOYEE is convicted of a misdemeanor involving moral turpitude or a felony violation of Florida or federal criminal law, such charges arising from the events and prosecution occurring during the term of this Agreement, City Manager shall have the option of canceling this Agreement without being obligated to pay any severance pay. IV. TERMINATION OF EMPLOYMENT. City Manager may, with or without cause, terminate the employment of the EMPLOYEE at any time. If the EMPLOYEE is terminated before the expiration of the Agreement as set forth in Section II (E), EMPLOYEE shall be entitled to severance pay as set forth in Section X. EMPLOYEE shall also be compensated for all eligible accrued benefits to date, based on the limitations and conditions detailed herein. V. PERFORMANCE CRITERIA AND EVALUATIONS. A. At least annually, City Manager (or his/her designee) shall meet with EMPLOYEE to establish performance standards, departmental goals and criteria for a performance evaluation. Shortly before each annual anniversary date of this Agreement, City Manager (or his/her designee) shall, in accordance with criteria previously established, review and evaluate the performance of EMPLOYEE. B. City Manager (or his/her designee) shall provide EMPLOYEE with a written performance evaluation and provide an opportunity for EMPLOYEE to discuss the contents thereof with City Manager (or his/her designee) for the purpose of advancing the overall effectiveness of EMPLOYEE in her position. 3 39 of 70 VI. HEALTH, DISABILITY, AND LIFE INSURANCE. A. CITY agrees to provide disability, accidental death and dismemberment, and life insurance for EMPLOYEE and to pay the premiums commensurate with other exempt department heads. B. CITY agrees to provide comprehensive health and hospitalization insurance coverage, which includes medical, dental, and vision insurance for EMPLOYEE and EMPLOYEE'S dependents (if eligible), provided EMPLOYEE pays the required contribution (s). Contributions, co -payments, and other fees shall reflect the rate(s) applicable to CITY employees, (if needed). VII. SECONDARY EMPLOYMENT. EMPLOYEE agrees not to accept any other full-time employment. However, City Manager agrees that EMPLOYEE shall be allowed to accept part-time employment and to accept normal compensation for such endeavors, provided such part-time employment shall be scheduled so as to not interfere with the normal operations of the CITY and shall require the prior written approval of City Manager. VIII. SICK. ANNUAL, PERSONAL, BEREAVEMENT, AND MILTARY LEAVES, AND OTHER AUTHORIZED ABSENCES. SICK TIME. EMPLOYEE shall be granted ninety-six (96) hours sick time annually. Said sick time may only be used in accordance with the provisions outlined in the City's Personnel Rules and Regulations. Upon leaving CITY employment in good standing, EMPLOYEE shall be compensated for unused sick time, in accordance with the Exempt Employee Benefits Package. Payments are limited to a maximum of one thousand (1,000) hours. ANNUAL LEAVE. EMPLOYEE shall accrue annual leave on a bi-weekly basis as outlined in Exempt Employee Benefits Package. Annual leave may only carry over a maximum of four hundred (400) regular hours each October 'I (unless approval by City Manager). If EMPLOYEE leaves 51 40 of 70 CITY employment for any reason, she shall receive payment for any accrued annual leave as of the date of separation. PERSONAL DAYS. EMPLOYEE shall be granted three (3) paid personal leave days upon each fiscal year. Paid personal leave days may not be accrued from year-to-year. Personal days are not compensated upon separation from City employment. BEREAVEMENT, MILITARY AND OTHER AUTHORIZED LEAVES/ABSENCES may be granted, pursuant to the City's Personnel Rules and Regulations, and in accordance with applicable law. IX. RETIREMENT A. The CITY agrees the Police Chief receives the same pension benefits and contributions as all other law enforcement employees per Section 58 Article 111 of CITY Code of Ordinances. B. EMPLOYEE acknowledges that, pursuant to the Fair Labor Standards Act (FLSA), EMPLOYEE qualifies for the "ADMINISTRATIVE," employee exemption. As an exempt employee, EMPLOYEE is paid a weekly salary, not subject to minimum wage or overtime provisions of the FLSA. As such, EMPLOYEE shall do things necessary and required to be available to CITY during the term of this Agreement. C. AUTOMOBILE EXPENSES. EMPLOYEE will receive a CITY -issued vehicle for local and out -of -area business travel. EMPLOYEE will also receive mileage reimbursement for use of EMPLOYEE'S personal vehicle for local and out -of -area business travel at the CITY rate, which shall annually coincide with the Internal Revenue Service's standard mileage rate (if needed). D. COMMUNICATION EXPENSES. CITY hereby agrees to provide EMPLOYEE with a cell phone, for use in the normal conduct of business, in accordance with City policy. 5 41 of 70 X. SEVERANCE PAY. In the event EMPLOYEE is terminated without cause, CITY shall pay EMPLOYEE twenty (20) weeks salary and grant credited service, including any contribution to the pension fund necessary therefore, to provide EMPLOYEE with the normal retirement benefit as set forth in Section 5$.51, Code of Ordinances to the extent permitted by IRS Regulations. XI. GENERAL EXPENSES. CITY recognizes that certain expenses of a non -personal and job -affiliated nature may be incurred by EMPLOYEE, and hereby agrees to reimburse or to pay said general expenses, subject to prior approval of City Manager and in accordance with City policy. The Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits. XII. CIVIC CLUB MEMBERSHIPS. CITY recognizes the desirability of representation in and before local civic and other organizations. EMPLOYEE shall present to City Manager for his/her review and approval a listing of civic organizations for which, if approved, the CITY shall pay all expenses on EMPLOYEE'S behalf. XII. EMPLOYEE HANDBOOK. Terms and conditions of EMPLOYEE'S employment not specifically set forth in this Agreement shall be governed by the City's Personnel Rules and Regulations for non -bargaining unit employees, provided said provisions are not inconsistent with or in conflict with the provisions of this Agreement, CITY Code of Ordinances and/or any law. XIII. MODIFICATIONS. No change or modification of this Agreement shall be valid unless it is reduced to writing and signed by both parties. XIV. GOVERNING LAW. This Agreement shall be construed and governed by the laws of the State of Florida, and venue for any proceedings brought hereon shall be in Indian River County, Florida. The CITY shall indemnify the EMPLOYEE in the same manner and the same status as any full-time employee subject to the provisions of Florida Statutes Chapter 111, 768.28 and applicable provisions of 112. C 42 of 70 this AgreennenxV SEVERAB the remainder o f Shall be deterrn Ll7 y CF PRoVI this agreement s ed to be illega/ oI�NS. if any r o c/a s this instrument l N w/T NESS �V a l not be affected t be void as against e or provision this 25th day of HEREOF the thereby public polis of April 2018,' parties hereunto y. have Set their hands to Michel% EMF jj o Ez orris A BEST C ty Clerk Williams MMC (SEAL) 7 CtyM G anag'er Approved as to reliance by the Cit fl rm and le9ali City of ty for Sebastian only: Ja C AS\ ttorney 43 of 70 Position Thle: Police Chief Job Code Number. Department: Police Pay Grade: 87e Date: 42/25/2000 Union: No (Exempt) CITY OF SEBASTIAN CLASSIFICATION DESCRIPTION POSITION TITLE: POLICE CHIEF GENERAL DESCRIPTION OF DUTIES Under direction of the City Manager, the purpose of the position is to provide overall direction and management for all aspects of law enforcement operations for the City of Sebastian Police Department; Employees in this classification function as Department Director, and- administer department operations through subordinate management and supervisory personnel. Incumbents perform complex administrative work requiring extensive knowledge of the agencys fiscal structure, and exercise of critical judgment and initiative regarding functions under charge. Performs related work as directed. SPECIFIC DUTIES AND RESPONSIBILITIES ESSENTIAL FUNCTIONS Administers Department of Law Enforcement operations for the City of Sebastian. Exercises primary operational and administrative control over department functions, to include coordinating department activities with other jurisdictions. Evaluates crime prevention and law enforcement problems of the City. Prepares proposed and final department budgets; prepares such for presentation to various committees, the City Manager and the City Council. Develops policies, procedures and priorities to meet established goals. Supervises and participates in training of members of the department in police methods, procedures and duties with particluar attention to personnel at the administrative and supervisory level. implements organizational restructuring and administrative changes where applicable. Reviews existing organilational patterns, work relationships, equipment, and staffing; plans and implements new programs to increase effectiveness and efficiency of department operations. Determines budgetary needs and prepares operating budget; implements and monitors adherence to such according to approvedlestablished budgetary guidelines. Evaluates trends and developments in police techniques, technologies, and operations; promotes effective operations through standardization as appropriate. Devises strategic, fiscal and capital improvement plans for the department. 4 f 70 Conducts operational Inspections of department organizational units; ensures compliance with departmental regulations and policies. Coordinates police response to specific or unusual conditions; directs response to critical incidents, emergencies, and large scale events. Coordinates with other regions, units, and/or agencies on mutual law enforcement and crime prevention initiatives; provides assistance to such as needed. Responds to oral and written public concerns, inquiries, and complaints; provides information on departmental regulations and procedures; resolves personally or directs to appropriate entities. Prepares various narrative and statistical reports in presenting findings, recommending solutions, providing information and documenting department activities; provides for review and approval of various administrative reports. Attends/facilitates/chairs various meetings, conferences, and workshops in representing the agency and department; establishes cooperative communications between the agency and groups. Provides testimony in legal proceedings as required. Reviews and evaluates personnel performance reports; recommends disciplinary actions as appropriate; recommends promotion procedures as appropriate. Assists the Department of Human Resources with labor contract negotiations and labor relations. Maintains current knowledge of professional standards, and trends and developments in law enforcement administration for application to functions under charge. Operates a law enforcement vehicle. MARGINAL FUNCTIONS While the following tasks are necessary for the work of the unit, they are not an essential part of the purpose of this position and may also be performed by other unit members. Performs related duties as directed. MINIMUM TRAINING AND EXPERIENCE Minimum Bachelors degree in Criminal .Justice, Justice Policy Management, Public Administration or related field, with Master's degree preferred; supplemented by ten (10) or more years cumulative experience and progression through an established law enforcement rank structure, the majority of which shall be acquired through supervision, management and/or administration of one (1) or more major/critical law enforcement functions, preferably for a large scale law enforcement agency; or an equivalent combination of education, training, and experience. 45 of 70 SPECIAL REQUIREMENTS Minimum nineteen '(18) years of age at time of appointment; State Law Enforcement Officer Certification; possess and maintain a valid Florida driver's license throughout employment without any restrictions which affect job performance. PERFORMANCE APTITUDES Data Utilization: Requires the ability to synthesize and integrate data and/or information for predicting, anticipating, and planning for future events impacting the organization. Includes determining -strategic and tactical decisions at the highest organizational levels of authority and responsibility. Human interaction: Requires the ability to function in a director capacity for a major organizational unit requiring significant internal and external interaction. Equipment, Machinerv, Tools. and Materials Utilization. Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials, used in performing essential functions. Verbal Aptitude: Requires the ability to utilize'conceptuai data and information, as well as reference, descriptive, design, advisory, consulting and synthesis data and information as applicable. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; ability to calculate decimals and. percentages; may require anility to utilize principles of descriptive statistics and statistical inference. Functional Reasonina; Requires the ability to apply principles of logical or conceptual thinking to determine a wide range of both intellectual and practical relationships. Ability to exercise judgment and make decisions to serve as guides and general directives for an entire organization. Situational Reasonina: Requires the ability to exercise the judgment, decisiveness and creativity in critical and/or unexpected situations involving high risk to the organization. ADA COMPLIANCE Phvsical Abliity: Tasks involve the ability to exert light physical effort in sedentary to light work, but which may involve some lilfing, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may Involve extended periods of time at a keyboard or workstation. Tasks may Involve standing or walking for long periods of time. Tasks could also involve the ability to exert extremely heavy physical effort in very heavy work, typically involving some combination of climbing and balancing, stooping, kneeling, crouching, and crawling, and the lifting, carrying, pushing, and/or pulling of objects and materials in excess of 100 pounds. 5ensory Requirements: Tasks require oral communications ability 46 of 70 Environmental Factors: Tasks are regularly performed without exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, temperature and noise extremes, machinery, vibrations, electric currents, traffic hazards, animals/wildlife, toxic/poisonous agents, violence, disease, or pathogenic substances. "the City of Sebastian is an Equal Opportunity Employer. To comply with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilitles and encourages both prospective and current employees to discuss potential accommodations with the employer. This job description is not intended to be and should not be construea as an all inclusive list of all responsibilities, skills or working conditions associated with the position. While it is Intended to accurately reflect the position activities and requirements, management reserves the right to modify, std, or remove duties and assign other duties as necessary. 'this jab description does not constitute a written or Implied comract of employment Approval: Approval: City Manager Director of Human Resources Effective Date: Department of Human Resources Revised 12-21-00 47 of 70 L'"Lf SEBAsTLAN J HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 25 April 2018 AGENDA ITEM TITLE: Concerts in the Park. RECOMMENDATION: Approve `Concerts in the Park' Agreement. Authorize the City Manager to execute appropriate documents, BACKGROUND: The Sebastian River Area Chamber of Commerce (CHAMBER) has successfully organized seasonal Concerts in the Park at Riverview Park since the Winter season of 2000. These annual concerts have occurred biweekly during the first four months of each year. The CHAMBER is seeking an agreement outlining the duties/responsibilities of the CHAMBER, and the City, in producing/sponsoring these seasonal concerts. The proposed Agreement is presented in the Attachment section. If approved by City Council, this agreement will be in effect until 31 December 2023. Estimated costs to the City are reimbursable expenses `up to' $500 per concert for band costs. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: $4,000 (approximately) per year Funding in FY17/18: $42,000 (special events) Fund to be Utilized: CRA Administrative Services Department/CFO Review: J ATTACHMENTS: Concerts in the Park Joint Agreement City Manager Authorization: , Date: 16 April 2018 48 of 70 JOINT PROJECT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE SEBASTIAN RIVER AREA CHAMBER OF COMMERCE THIS AGREEMENT entered into this 250' day of April, 2018 between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter "CITY") and the SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, 700 Main Street, Sebastian, FL 32958 (hereinafter "CHAMBER"), provides that: WHEREAS, CITY sponsors a series of Concerts in the Park featuring musical entertainment at Riverview Park during the first four months of the calendar year; and WHEREAS, CHAMBER has organized the event successfully since its inception in 2000, and CITY desires for CHAMBER to continue to do so; and WHEREAS, the parties hereby set forth the obligations and privileges involved in nurturing this valued relationship; THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises provided herein, the sufficiency of which is hereby acknowledged by the parties, it is agreed: 1. The parties shall cooperate in organizing and conducting the series of Concerts in the Park on an annual basis during the first four months of each calendar year through the year 2023. The specific dates of the series of concerts shall be coordinated between CHAMBER and the City Manager. This agreement is in effect from 25 April 2018 through 31 December 2023. 2. CHAMBER, with the aid and assistance of necessary City personnel, shall organize and administrate all activities and events for said series of concerts in compliance with all applicable ordinances, statutes, health codes and other governmental regulations and subject to the safety controls of the Sebastian Police Department, Fire Marshall and Health Department. 3. Said series of concerts shall entail live musical entertainment performed by a band selected by CHAMBER, a food and drink court provided by food and refreshment vendors, not to exceed five (5) vendors. Concerts shall occur biweekly over a four month period in Riverview Park, with such additional events as is determined by CHAMBER and the CITY. 4. CHAMBER shall meet with representatives of the office of the City Manager during the City budget preparation cycle and assist in establishing a budget for the obligations of the CITY under the terms of this agreement. 5. CITY shall provide law enforcement personnel on an on-call basis as deemed advisable by the Chief of Police. b. CITY shall provide public facilities personnel to assist in event set-up, including band shell delivery and arrangement, designation of band parking, provision of sufficient waste 49 of 70 receptacles, and designation of loading and unloading zone. The CITY will make reasonable attempt to operate and dispose of waste in an environmentally conscious fashion. Additionally, CITY shall provide all electric power required for the series of concerts. 7. Upon CHAMBER submitting entertainment receipts, CITY will reimburse CHAMBER up to five hundred dollars ($500) per concert. 8. CHAMBER shall organize fund-raising and have full financial responsibility for funding the Event. 9. CHAMBER agrees to indemnify, defend and hold CITY harmless from any and all claims of ANY nature brought by CHAMBER's members or agents in the course of performing CITY's obligations under this Agreement, or from any claims by any persons arising from, or damages incurred by the CITY from, the actions of CHAMBER's members or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder. It is not intended for this provision to create any right of subrogation or any other third- party rights. 10. CITY agrees to indemnify, defend and hold CHAMBER harmless from any and all negligence claims of ANY nature brought by the negligence of the CITY, its employees or agents acting in the course of performing their official duties, and only to the extent authorized by law. Nothing in this Agreement waives the CITY's sovereign immunity as set forth in Section 768.28, Florida Statutes, or other immunities provided by law. It is not intended for this provision to create any right of subrogation or any other third -party right. 11. The sponsorship and organizational duties under this Agreement shall not be assignable without the formal written consent of the City Council. AGREED to on the date first set forth above. CITY OF SEBASTIAN Joseph Griffin City Manager ATTEST: Jeanette Williams, MMC City Clerk (seal) SEBASTIAN RIVER AREA CHAMBER OF COMMERCE By: Title: Approved as to Form and Legality for Reliance by the City of Sebastian Only: James D. Stokes, City Attorney 50 of 70 LM Lt SEBAST" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 25 April 2018 AGENDA ITEM TITLE: Alcohol beverage approval. RECOMMENDATION: Approve alcoholic beverages for Mosher Wedding Reception at the Community Center. BACKGROUND: Richard Mosher is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, 09 dune 2018 from 5:OOPM to 9:OOPM. Staff has verified Applicant's date of birth. They are expecting 75 people. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: NIA Administrative Services Department/CFO Review:' ` l ATTACHMENTS: City Manager Authorization: Date: 16 April 2018 1. Facility Rental Permit Application 2. Receipt(s) 51 of 70 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION M« SEAT -N HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8248 mhernandez@cityofsebastian.org Date: 9-f - c7 Community Center 'T7e"'4df A/asier Name of Permittee (permits may only be issued to an adult) ,72/3 ?- 1 a-,-�✓� // I've sc Physical Address Office Udennlly: $250 Security Pd: iI! 1117 D to Int 'als Rental Fee 700 y 1 7� 7 ;, 00 7°/,Tax '�'—� Total Rental Pd: e1j, It 7 JL4„ batb Initials City Manager Approval: Date Initials City Council Approval: Date (if applicable) Police Aire Verification: (if applicable) Initials ❑ Yacht Club Name of Organization (if applicable) Mailing Address (if different) f L 7 7 2- _Sr" - 77 Z 2 �/ �" r W".7 S'Ae3'T r L... city / State Phone E -Mail gqA.4 /. Reason for Rental ape of Function 7� Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Requested Date Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? 1211'0 2) Will there be an admission charge or door charge? /1/0 3) Will alcoholic beverages be served? Ves If yes, please provide govt. issued ID proof of age S •�19'- Date of Birth erified b I, �� `S�e� the undersigned, acknowledge that I am the appli ant or aut orized agent of the above referenced organization, that I am aware of the provisions of the Cit of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have a plied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $ 0.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to cle s immediately after the use, or causing any damage to the facility will result in forfeiture, in or full, the ecurity ep re of Applicant 52 of 70 CITY OF SEBASTIAN 1089 PARKS & RECREATION RECEIPT Namep M O$k-%,, Jrtash . Date I t �� t* 7 Cl Check # C� Ill 'f�,V�� V"� ❑ Reeq-H M -A 0-,1�a f zo r 'a-- Credit 0 6VX--%o (o f(.(, C � Amount Paid 001001 208001 Sales Tax -5--Vit? 1� Y f- ° O 001001 220000 Security Deposit 2_r,0-00 001501 362100 Taxable Rent 70 ` 00 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services 1 f fM� Total Paid .Oa Ini White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 53 of 70 01yJ SE13ASTLkN ;9&;; HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 25 April 2018 AGENDA ITEM TITLE: Golf Course Restaurant Concession Agreement RECOMMENDATION: Approve Modification to Agreement. BACKGROUND: On 23 August 2017, the City signed a Concession Lease Agreement with Wesley Campbell to provide restaurant services at the Sebastian Golf Course Clubhouse building. On 13 September 2017, City Council approved a Mutual Rescission and Release of the Concession Lease for the previous operator, DTF, at the same premises. Mr. Campbell was granted access to the premises in October 2017 to begin his improvements during the same period when the City was engaged in the refurbishment of Clubhouse restrooms and improvements to the restaurant/bar and kitchen. Due to a longer than expected construction period, the restaurant/bar and `Express Cafe' did not open until New Year's Day, 1 January 2018. It would be a distortion to state that Mr. Campbell's restaurant has been well received. Although the space has been completely remodeled, long-standing sanitation issues have been corrected, and a new kitchen installed, the patronage has been very disappointing. There is evidence of an underground boycott apparently because of pricing disagreements. A lack of patronage equates to financial pressure on Mr. Campbell, who has invested considerable private funds in the project. Mr. Campbell has requested relief from the City. In an effort to preserve a quality operator at the Golf Course Restaurant, Staff supports a modification to the Concession Lease that would provide rent relief to Mr. Campbell until the restaurant business improves. If approved by Council, the attached Addendum to the Concession Lease would provide Mr. Campbell's rent to be reduced to $1,000/month through 31 October 2018 then payments of $2,000/month until 31 October 2022. In exchange for the aforestated rent forbearance, Mr. Campbell will transfer ownership of certain restaurant assets to the City as described in Addendum — Total value: $14,091.89 IF AGENDA ITEM REOUIRES EXPENDITURE / OF FUNDS: N/A{ 1 Administrative Services Department/CFO Review: ' t <�__.._l'1 r ATTACHMENTS: 1. Concession Lease 2, Concession Lease Addendum I City Manager Authorization: Date: 18 April 2018 54 of 70 anoF SESAs-n PHONE OF PELICAN ISLAND CONCESSION LEASE TERINIS AND CONDITIONS between the CITY OF SEBASTIAN and Wesley Campbell. Section 0.0 0.01 Definitions: A. The terms: LESSOR; Sebastian Municipal Golf Course (SMGC); City of Sebastian; and City may be used interchangeably. B. The terms: LESSEE; Sebastian Golf Restaurant & Sports Lounge; and Restaurateur may be used interchangeably. C. The terms: Concession Lease; Concession Lease Agreement; Lease Agreement; Lease; Agreement; and contract may be used interchangeably. D. CPI Index shall be values published by the U.S. Bureau of Labor Statistics for all items in the South Urban Area, not seasonally adjusted. Section 1.0 1.01 Term: This Concession Lease Agreement shall be for a terra of ten (10) years, with the option of one (1) ten (10) year extension. Terms of an option for a ten (10) year Lease extension may be negotiated between the parties. Wesley Campbell (hereinafter LESSEE) shall have right of first refusal in negotiating a Concession Lease Agreement extension after the initial ten (10) year term. LESSEE must notify the City Manager, or his/her designee, in writing six (6) months before the expiration of the Concession Lease, of LESSEE'S intent to exercise the option for the additional ten (10) year term. The City, within its sole discretion, may approve, or deny, the request. Section 2.0 2.01 Sites: The Concession Lease is exclusive only to the Sebastian Municipal Golf Course Clubhouse facility, to include the Restaurant/Bar (3,600 sq. ft.), Patio/Beer Garden (912 sq. ft.), and Outbuilding/Storage (182 sq. ft.). The LESSEE and LESSOR may mutually agree to add or delete the sites or square footage by formal addendum to the Agreement, which shall include a pro rata adjustment to the leased space rental fee. 2.02 Acceptance of Premises: LESSEE accepts said facility in its present condition without warranties, or representations of any kind, from the LESSOR as to its suitability, or safety, for the intended use. 55 of 70 2.03 LESSOR Improvements: The LESSOR has agreed to apply Grant Funds or other City Funds to provide certain interior improvements, including an upgrade to the air conditioning, remodeling of the restrooms, new carpet or flooring for the dining area and kitchen, and a range hood. LESSOR agrees to purchase or reimburse LESSEE up to $35,000, upon presentation of receipts, for permanent fixtures which will be the property of the City. Such items shall be documented as an Exhibit appended to this Agreement. Section 3.0 3.01 Cost of the Space: The LESSEE shall pay to the LESSOR a monthly leased space rental fee of 542,000 per year ($3,500 per month). Such payment shall initially be due on the first (I st) day of March, for the period of March. The monthly leased space rental fee shall be adjusted beginning with the payment for March, after the fourth (0) year, sixth (0) year, and eighth (8,1) year. Said adjustment shall be calculated based on the percentage change in the CPI Index for the previous twelve (12) months. Irrespective of this calculation, no reduction in the fee shall be allowed and no increase shall result in the LESSEE being required to pay more than a three percent (3%) increase for each adjustment. 3.02 Takes and Special Assessments: The LESSEE shall be liable for the prevailing State of Florida Sales/Use Tax on the LESSEE's sales under this Agreement and any ad valorem taxes on personal property. No Sales/Use Tax is currently required on the amounts payable to the LESSOR, based on Florida Statutes Chapter 212.031- Tax on rental or license fee for use of real property, Section 10, as the space is a publicly owned recreation facility. The LESSOR shall be responsible for any ad valorem taxes on real property and special assessments for utility improvements or stormwater fees imposed on the space. Any modification to current laws and regulations shall be resolved by negotiations to adjust the concession lease fee by formal addendum to the Agreement. 3.03 Utility Charges: The LESSEE shall provide for water, sewer, electricity, propane/CNG, phone, Cable TV, communication services, and any other utility charges at its sole cost. The LESSEE may defer establishing a new electric account for a reasonable period, providing reimbursement is made in a timely manner to the LESSOR. The parties mutually understand that the water and sewer utility charges will be based on a City installed water meter that will measure water flow to only the restaurant and will be calculated monthly and paid to the LESSOR as a reimbursement. The LESSOR shall be fully responsible for water and sewer charges attributable to the restrooms. 3.04 Common Areas: The LESSOR shall continue to control and maintain the property surrounding the Concession Sites, including the exterior of the structures, drainage and parking areas. 3.05 Payment of Fees: The LESSEE shall make payments and submit all reports required by the lease agreement to the: Administrative Services Department City of Sebastian 1225 Main Street Sebastian, Fl, 32953 2 56 of 70 In the event the LESSEE fails to make payments as required to be paid under the provisions of the Agreement by the date due, daily interest calculated based on the rate of one and one-half percent (1 1/2%) per month shall accrue against the delinquent payment(s) until same are paid. Implementation of this provision shall not preclude the LESSOR from terminating the contract for default in the payment of rentals, fees, or charges, or from enforcing any other provisions contained herein. 3.06 Reports and Records: The LESSEE shall maintain during the term of the Agreement, all books of account, reports and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to the Agreement and all payments due on said Agreement. On or before the twentieth (20th) day following the end of each filing period, the LESSEE shall furnish the LESSOR a copy of the LESSEE's State Sales Tax Return. Section 4.0 4.01 Advertisement & Signs: All advertising and signage, on and off site, must be approved by the City of Sebastian Community Development Department. 4.02 Approvals: The LESSEE agrees that it will obtain prior written approval from the LESSOR for any changes: A. From originally approved specifications, signage, and graphics. B. LESSEE plans requiring any structural modifications. 4.03 Public Contact of LESSEE's Employees: LESSEE's employees, in contact with the public, shall perforin their duties in an efficient and courteous manner. All employees shall be sufficiently identified so as to be distinguishable as the LESSEE's employees. 4.04 Hours of Operation: The minimum hours of operation are one-half (1/2) hour before the first SMGC Tee Time until the close of the SMGC Aro Shop seven (7) days a week. Any other hours outside of normal hours of operation for the SMGC, or holiday closures, will be approved by the City Manager, or his/her designee. The City Manager may require a change in days and hours of operation if such a change is desirable to provide the best service to the public, necessary for maintenance, or for safety reasons. 4.05 LESSEE/Restaurateur's Services: A. The LESSEE shall control the conduct, demeanor, and appearance of its officers, members, employees, agents, representatives, customers and patrons, and upon objection to the City Manager, or his/her designee, concerning the conduct, demeanor, or appearance of any such person, LESSEE shall immediately take all necessary steps to correct the cause of such objection. B. LESSEE shall take good care of the facilities, shall use the same in a careful manner and shall, at its own cost and expense, keep and maintain the same in constant good and substantial condition and repair, less normal wear -and -tear. Upon the expiration of the Agreement, or its termination in any manner, the LESSEE shall deliver the facilities to the LESSOR in no worse condition than the same was at the commencement of the agreement, loss by fire or other casualty and ordinary wear and tear being the only exceptions. 3 57 of 70 C. LESSEE must operate and maintain a `beverage cart' on days with 120+ golfers booked 24 -hours in advance on the SMGC `Tee Sheet.' The aforementioned beverage cart must be provided by the LESSEE and be approved for use by the City Manager, or his/her designee. The beverage cart shall be stored in the SMGC cart barn when not in use. D. LESSEE must honor and support, with Restaurant/Bar services, any SMGC sponsorship agreements, SMGC golf tournaments and events, City of Sebastian events, and other special events. Section 5.0 3.01 Assignment, Subletting and Successors in Interest: LESSEE shall not assign or subcontract the services to be provided under the Agreement to any other person(s) or firm without first obtaining the LESSOR's written approval. It is covenanted and agreed that all covenants, conditions, agreements and undertakings contained in the Agreement shall extend to and be binding on the respective successors and assignees accepted by the LESSOR. Section 6.0 6.01 Sale of Alcoholic Beverages: LESSEE shall sell alcoholic beverages and must be duly licensed to do so. Section 7.0 7.01 Commencement of Operations: The LESSEE shall have access to the concession space on 21 November 2017. The LESSEE shall begin full-service restaurant/bar operations as soon as possible after occupancy. 7.02 Structural Modifications by LESSEE: A. All fixtures, furnishings, and advertising installed by the LESSEE shall be in keeping with the appropriate standards of decor at the facilities. Any installations requiring structural modifications must be approved in advance by the City Manager, or his/her designee, prior to installation. B. No additional coin or currency -operated vending machines shall be installed or located within the SMGC sites without the permission of the City Manager, or his/her designee. Such pennission shall not be unreasonably denied. C. LESSEE agrees that all equipment, furnishings, and improvements provided shall meet the requirements of all applicable building, fire, pollution, and other related codes. D. LESSEE shall not alter or modify any portion of facilities, SMGC sites, or the improvements constructed therein without first obtaining written approval from the City Manager, or his/her designee. E. LESSEE shall not sell, convey, mortgage, pledge, or otherwise dispose of any of the permanent fixtures or furnishings installed at the facilities without prior written consent of the City Manager, or his/her designee. 4 58 of 70 Section 8.0 8.01 Maintenance Responsibilities of LESSEE: A. Appearances of Facility: LESSEE shall, at its sole cost and expense, beep and maintain the facilities, as described in Section 2.01, in an acceptable condition, as determined by the LESSOR, during the teen of the agreement, and any extensions thereof. B. LESSEE shall provide, at their expense: (1) All janitorial services and all other interior maintenance of the space, including plumbing, electrical, and `grease trap' periodic maintenance. (2) Pest control within and around 20 feet of the operational areas. (3) Garbage removal service from concession locations to the SMGC designated disposal site. (4) Janitorial service of the SMGC Clubhouse Restrooms during operating hours (LESSOR shall provide after-hours restroom janitorial service and provide necessary paper supplies). C. LESSEE shall maintain all City property, including fixtures located within the leased space. 8.02 Damages: LESSEE shall repair all damage to the equipment and facilities caused by the LESSEE, its employees, agents, independent contractors, customers, invitees, and guests of the LESSEE. Section 9.0 9.01 Quiet Enjoyment of Property: LESSOR covenants and agrees that so long as no default exists in the performance of LESSEE's covenants and agreements contained herein, LESSEE shall peaceably and quietly hold and enjoy the contracted facilities and all parts thereof free from eviction or disturbance by LESSOR. Section 10.0 10.01 Indemnification: LESSEE does hereby agree and covenants to defend fully, protect, indemnify and hold harmless the LESSOR, the SMGC, and the City of Sebastian from and against each and every claim, demand or cause of action and any and all liability, cost, expense including, but not limited to, reasonable attorneys' fees, costs and expenses incurred in defense of the LESSOR, the SMGC, and the City of Sebastian, even if incident to appellate, post judgment or bankruptcy proceedings, damages or loss in connection therewith, which may be made or asserted by the LESSOR, the LESSOR's employees or agents, invitees or any third parties on account of personal injury, death, damage or property damage caused by, arising out of or in any way incidental to or in connection with the LESSEE's operation of the equipment and facilities. At the election of the LESSOR, the SMGC, and/or the City of Sebastian, LESSEE shall contest and defend the LESSOR, the SMGC, and the City of Sebastian against any such claims of liability. The LESSOR, the SMGC, and the City of Sebastian shall in any event, have the right, through counsel of its choice, to control the defense or response to any such claim to the extent it could affect the LESSOR, the SMGC, and/or the City of Sebastian. Only those matters which are determined by a final, non -appealable judgment to be the result of the negligence of the LESSOR, the SMGC, and/or the City of Sebastian or the 5 59 of 70 negligence of a third party who is not an agent, employee, invitee, or subcontractor of tlhe LESSEE shall be excluded from the LESSEE's duty to indemnify the LESSOR, the SMGC, and/or the City of Sebastian, but only to the extent of negligence of the LESSOR, the SMGC, the City of Sebastian or such third party. For the purpose of this section, the term "City of Sebastian" shall be deemed to include the City Council, City Manager, its agents, employees and affiliates. For purposes of the indemnification, "claims" shall mean and include all obligations, actual and consequential damages and costs reasonably incurred in the defense of any claim against the LESSOR, the SMGC, and/or tlhe City of Sebastian, including, but not limited to attorneys' and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses. The LESSOR, the SMGC, and the City of Sebastian shall have the right to defend any such claim against it in such manner as the LESSOR, the SMGC, and the City of Sebastian deems appropriate or desirable in its sole discretion. The parties acknowledge that the consideration for the indemnification agreement is included in the consideration for the Concession Lease. Section 11.0 11.01 Liability for Damage or Injury: The LESSOR, the SMGC, or the City of Sebastian shall not be liable for any damage or injury which may be sustained by any party or persons at the facilities other than the damage or injury caused solely by the negligence of the LESSOR, the SMGC, or the City of Sebastian. Section 12.0 12.01 Partial Damage of Facilities: If by no fault of the LESSEE, the facilities are partially damaged, but not rendered unusable for the purposes of the Agreement, the same shall be repaired, or replaced, with due diligence by the LESSOR from proceeds of insurance coverage and/or at its own cost and expense. If the damage shall be so extensive as to render such facilities unusable for the purposes intended, but capable of being repaired, or temporarily replaced, the same shall be repaired, or replaced, with due diligence by the LESSOR from the proceeds of insurance coverage policy andor at its own cost and expense. The City INIanager, at his/her sole discretion, may adjust the leased space rental fee as a result of any business interruption pursuant to this section. 12.02 Destruction or Replacement of Facilities: In the event the facilities are substantially destroyed, or the LESSOR erects a replacement facility, the LESSEE shall be granted the right to operate the replacement facility under the same terms and conditions, except that the leased space rental fee shall be adjusted proportionally reflecting any change in the amount of leased square footage. The LESSEE must notify the LESSOR clearly and unconditionally in writing of its intent to exercise this right within sixty (60) days after receiving formal written notice, or shall be deemed to have waived its right to operate the replacement facility. Section 13.0 13.01 ingress and Egress: Subject to rules, regulations, statutes, and ordinances governing the use of the Facilities, LESSEE, its agents, servants, patrons and invitees, and its suppliers of service and furnishers of materials, shall have the right of ingress and egress to and from the facilities. 60 of 70 Section 14.0 14.01 Operations Performance Bond: N/A Section 15.0 15.01 Insurances and Licenses: The LESSEE shall procure and maintain the following insurance for any occurrence during the term of the contract. A. The LESSEE shall maintain and keep a concession license and liquor license in compliance with any regulatory requirements. B. Worker's Compensation Insurance shall provide for the limits required by Chapter 4,40, Florida Statutes, and as may be amended from time to time. The Employer's Liability shall be for a limit of no less than one million dollars (SI,000,000.00). If LESSEE, their partners, or officers request a waiver of exemption under Section 440.04, Florida Statutes, and as may be amended from time to time, LESSEE agrees to provide full disclosure of the waiver to the LESSOR and the LESSOR shall have the right to reject LESSEE's waiver of exemption. C. Comprehensive general liability insurance providing for a minimum of one million (S 1,000,000.00) dollars per occurrence, and two million (52,000,000.00) dollars age e -ate, written by such insurance company as shall be acceptable to LESSOR. LESSEE's insurance shall cover all activities of any subcontractors and any individual, or company, providing services. (I) LESSEE shall name LESSOR as an additional insured under said policy and a certificate of insurance showing the additionally insured and specifying the deductible of said policy shall be delivered to LESSOR immediately upon request. The certificate shall provide for thirty (30) days prior written notice from the insurer to the LESSOR of any cancellation or amendment to said insurance policy. Each certificate of insurance shall list the following, as an additional insured: The City of Sebastian 1725 Main Street Sebastian, FL 32958 (1I) The General Liability Certificate shall include the following wording: "The City of Sebastian, its officers, agents, and employees are named as additional insured with respect to the work performed under the Agreement for concession and catering services." (III) Nothing is this Agreement shall be construed to affect in any way the LESSOR's rights, privileges, and immunities, including sovereign immunity as provided by law as set forth in Florida Statute 768.28. (IV) In the event that LESSEE fails to deliver said certificate to LESSOR in the above stated manner, LESSOR may cancel this Agreement or, in the alternative, procure the required policy and charge its costs to LESSEE as additional rent, to be paid by LESSEE thirty (30) days before the first day of the commencement of the term thereof. 7 61 of 70 L Dram Shop Liability Insurance. (I) The LESSEE shall maintain and, prior to commencement of this Agreement, provide the LESSOR with evidence of insurance to cover liability for the service of alcoholic beverages with limits of one million (S 1,000,000.00) dollars no later than thirty (30) business days before the commencement date of the term as set forth in section 7.01. (II) The LESSOR shall be named an additional insured, as its interest may appear, on the policies set forth in this section. LESSEE shall not cancel or reduce the coverage provided by any policy described in this Section except upon thirty (30) days prior written notice to LESSOR. 2. LESSOR shall maintain and keep in force property insurance on the facilities. LESSEE shall be responsible for keeping in force fire and extended coverage on all contents, improvements and betterments. LESSEE shall maintain builders risk insurance on all facilities pursuant to Section 7.02. 3. LESSOR reserves the right to reasonably amend insurance requirements by the issuance of notice in writing to the LESSEE. Section 16.0 16.01 Termination by LESSOR: A. LESSOR may terminate the Agreement Lease without notice upon the occurrence of any of the following events: (1) Institution of proceedings in voluntary bankruptcy by the LESSEE. (2) Institution of proceedings in involuntary bankruptcy against the LESSEE if such proceedings continue for a period of ninety (90) days (3) Assignment by LESSEE for the benefit of creditors. (4) Abandonment by LESSEE of, and discontinuance of operations hereunder. (5) The discovery of any misstatement in negotiations between LESSEE and LESSOR which, in the sole opinion of the LESSOR, materially affects the LESSEE's qualifications to perform under the Agreement. (6) If the LESSOR fails to pass an Indian River County Health Department heal thlsanitation inspection, LESSEE shall remedy the violation within a three (3) day period or the City Manager may terminate the Agreement. B. LESSOR shall have the right to terminate the Concession Lease after thirty (30) days written notice sent by registered/certified mail, or hand -delivered, to the LESSEE, of the occurrence of one or more of the following, unless the same shall have been corrected within such period: (l) Non-performance of any covenant of the contract and failure of the LESSEE to remedy such breach. (2) The conduct of any business or the merchandising of any product or service not specifically authorized herein. C. If LESSEE fails to pay any sum or sums due under the lease agreement for a period of ten (10) days after the due date, the LESSOR shall have the right, after seven (7) calendar days additional written notice either hand -delivered to a LESSEE principal party or sent by registered or certified mail to the LESSEE specifying 62 of 70 the amount of payment(s) in default, and accrued interest, to terminate the Agreement, provided however, that such termination shall not be effective if LESSEE makes the required payment(s), and accrued interest, during the seven (7) calendar day period following receipt of the written notice. 16.02 Termination by LESSEE: LESSEE shall have the right, upon thirty (30) calendar day's written notice to the LESSOR, to terminate the Agreement at any time after the occurrence of one or more of the following events: (I) Issuance by any court of competent jurisdiction of any injunction substantially restricting the use of the facilities for commercial purposes, and the remaining in force of said injunction for a period of more than ninety (90) calendar days. (2) A breach by the LESSOR of any of the terms, covenants, or conditions contained in the Concession Lease and the failure of the LESSOR to remedy such breach for a period of sixty (60) calendar days after receipt of written notice sent by registered/certified mail, or hand -delivered, from the LESSEE of the existence of such breach. Section 17.0 17,01 Non -Discrimination: A. That LESSEE for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: (1) No person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. (2) In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination. (3) LESSEE shall use the designated Sites in compliance with all other requirements imposed by, or pursuant to, Title 45, Code of Federal Regulations, Article 80, Non-discrimination under programs receiving Federal Assistance. B. In the event of breach of any of the above non-discrimination covenants, LESSOR shall have the right to immediately terminate the Agreement and to re-enter and repossess said facilities thereon and hold the same as if the Agreement has never been made or issued. C. LESSEE shall not discriminate against any employees or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestry. 9 63 of 70 Section 18.0 18.01 Rules and Regulations: LESSEE will observe, obey and comply with all rules and regulations adopted by the City of Sebastian and all laws, ordinances and/or rules and regulations of other governmental units and agencies having lawful jurisdiction, which may be applicable to LESSEE's operations under the Agreement. Section 19.0 19.01 Payment of Obligations: LESSEE shall pay all taxes and other costs lawfully assessed against its interest in the facilities, its improvements and its operations under the Agreement, except those taxes, and other costs, specified as the LESSOR'S responsibility pursuant to Section 3.02. Section 20.0 20.01 Inspection and Availability of LESSEE's Records: The LESSEE shall be required to allow the City Manager or his/her designee, or the Auditors of the City, to inspect, and obtain copies, of all or any part of the records necessary to verify the State Sales Tax Return or the LESSEE's operations in accordance with the Agreement. Said records shall be available at a reasonable location close to Sebastian, Florida for a period of five (S) years after the end of any year covered by the Agreement. Section 21.0 21.01 Inspection by LESSOR: The City of Sebastian City Manager, or his/her designee, may make periodic inspections of all of the facilities and equipment to determine if such are being maintained in a neat and orderly condition. LESSEE shall be required to make any improvements in cleaning or maintenance methods required by LESSOR. Such periodic inspections may also be made to determine whether the LESSEE is operating in compliance with the terms and provisions of the Agreement. Section 22.0 22.01 Facility Repairs, Alterations and Additions by the LESSOR: LESSOR shall have the absolute right, without limitations, to make any repairs, alterations, and additions to any structures and facilities, including the facilities leased under the subject Agreement. free from any and all liability to the LESSEE. During the making of such repairs, alterations, and additions, other than repairs to damaged items pursuant to Section 12.01, a pro -rata adjustment may be made to the leased space rental fee upon mutual agreement between the LESSEE and the City Nlana4er. Section 23.0 23.01 Removal of Property: LESSEE, within ten (10) calendar days following the termination/expiration of the Agreement, shall forthwith remove all of its personal property. Any personal property of LESSEE not removed in accordance with this section may be removed by the LESSOR for storage at the cost of LESSEE or shall constitute a gratuitous transfer of title thereof to the LESSOR whatever disposition is deemed to be in the best interest of the LESSOR. LESSOR shall not be liable to LESSEE for the safekeeping of LESSEE's personal property. 10 64 of 70 It is the intention of the parties to the Agreement that all fixtures, furnishings, and equipment purchased or leased by LESSEE for use at the concession site, except those permanently affixed to buildings as defined under the laws of the State of Florida, shall be and will always remain the personal property of the LESSEE. Upon termination of the Agreement and the removal of all personal property by LESSEE, the LESSEE shall restore said facilities to a neat, clean, and habitable condition. Section 24.0 24.01 Indulgence Not Waiver: The indulgence of either party with regard to any breach or failure to perform any provision of the Agreement shall not be deemed to constitute a waiver of the provision of any portion of the Agreement either at the time the breach or failure occurs or at any time throughout the tcnn of the Agreement. Section 25.0 25.01 Integration: The drafting, execution and delivery of this Agreement by the parties have been induced by no representations, statements, warranties or agreements other than those expressed in it. This Agreement 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 Agreement cannot be changed or modified except by written instrument executed by all parties hereto. This Agreement and the terms and conditions hereto apply to, and are binding upon, the legal representatives, successors, and assigns of both parties. Section 26.0 26.01 Severability: If any term of this Agreement 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 Agreement, 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 Agreement shall be valid and enforceable to the fullest extent permitted by law. Section 27.0 27.01 notices: All notices required under this Agreement shall be sent by certified mail as follows: LESSOR: City of Sebastian 1225 Main Street Sebastian, Florida 32958-416 ATTN: City Manager In addition, a Copy shall be provided to the Sebastian City Attorney's Office at the same address as above. LESSEE: Wesley Campbell Sebastian Golf Restaurant R: Sports Lounge 100 Brush Foot Drive Sebastian, FL 32958-3903 65 of 70 Section 28.0 28.01. Governing La►vNenue: This Agreement 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. The parties hereto shall, and they hereby do, waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way related to this Agreement, the relationship of LESSOR and LESSEE, LESSEE's use or occupancy of the Premises, the Building or the Lot, and/or any claim of injury, loss or damage. IN WITNESS WHEREOF, the Parties have executed this Agreement on this the 23rd dayof August ,2017. LESSOR: The City- of Sebastian Zi Joe Grim City Manager ATTEST: City of Sebastian, Florida 6-o �eane-tte Williams, IIS mC City Clerk - - LESSEE: �Ca"/ mpb Approved as to Form and Correctness for the City of Sebastian only: Cynthia V. Hall, Interim City Attorney 12 66 of 70 crrvoF SIE13ASTIAN ADDENDUM 1 CONCESSION LEASE TERMS AND CONDITIONS - between the HOME OF PELICAN ISLAND CITY OF SEBASTIAN and WESLEY CAMPBELL ORIGINAL CONTRACT & PRIOR ADDENDA: (1) Initial Contract; dated 23 August 2017. THIS AGREEMENT between the City of Sebastian, a municipal corporation, and Wesley Campbell, is intended to modify, change or alter the agreement currently in full force and effect pursuant to the terms set forth herein. All terms and conditions not modified, changed or altered by the Addendum remain in full force and effect unless and until modified, changed or altered by a future written agreement of the parties. The modified terms of the current agreement, consideration for which is duly acknowledged by both parties, are as follows: 1. TEMPORARY RENT FORBEARANCE: Effective April 1, 2018, through the lease payment due on October 1, 2018, a forbearance the monthly lease payment of $2,500 shall be granted, making the Iease payment owed an amount of $1,000 per month. The forbearance amount shall be forgiven on October 1, 2019, if Lessee remains in business and fully operational pursuant to the terms of the original agreement and any and all addenda. Should Lessee cease operations or otherwise "go out of business", the forbearance amount immediately becomes due. 2. INTERMEDIATE RENT REDUCTION: Effective for the lease payment due on November 1, 2018, and continuing through the lease payment due on October 1, 2022, the monthly lease payment shall be reduced from $3,500 per month, to an amount of $2,000 per month. There shall be no CPI increase during this period of time. 3. REGULAR RENT PAYMENT: Effective for the lease payment due on November 1, 2022, the lease payment and periodic adjustments shall return to the amounts set forth in the original agreement, unless modified, changed or altered by a future addendum. 4. TRANSFER OF EQUIPMENT: In consideration for the lease forbearance and reduction set forth herein, ownership of the following assets will transfer from Lessee to the City of Sebastian immediately upon execution of this Addendum: a. The Hoshizaki Ice Machine KL:M700MJR, Serial No. G00173G Heard and B- 500PF Bin Serial No. G52039J, new equipment value: $5,985.00; b. Pass through Shelves (2) John Boos Mode number PTS26K-1896, new equipment value: $2,495.30; Freight: $185.25; 67 of 70 ADDENDUM 1 CONCESSION LEASE TERMS AND CONDITIONS Page 2 of 2 C. Underbar Sink unit, Krowne Metal Model Number 1843L, new equipment value: $532.00; Freight: $91.61; d. Dishtable sorting shelves (2) PB -SRW -63-X ($255.00) and BHS1842-TS-X ($119.00) total new equipment value total $274.00; Freight $185.25; e. Heat Lamp Hatco Model Number GRA -60D3 and components listed with a new equipment value of $1,360.50; Freight $183.24; and f. Dish Cabinet Advance Tabco Model Number DC -158 new equipment value: $2,620.50. 5. CARE OF EQUIPMENT: Lessee agrees that upon transfer of ownership of the above listed equipment, and in perpetuity thereafter, Lessee shall care of the equipment and keep it in a clean, operational order and otherwise in good repair. Any damage to destruction of the transferred equipment due to the negligence or intentional action (anything other than normal wear -and -tear) of Lessee or any of his employees shall be Lessee's financial responsibility. 6. All other terms and conditions set forth in the original contract and any prior addenda remain in full force and effect unless modified, changed or altered hereby. IN WITNESS WHEREOF, the City of Sebastian and Wesley Campbell have executed this Addendum on this day of April, 2018. FOR THE CITY OF SEBASTIAN: Joe Griffin City Manager ATTEST: Jeanette Williams, MMC City Clerk FOR LESSEE: Wesley Campbell Sebastian Golf Restaurant & Sports Lounge Approved as to form and Iegality for reliance by the City of Sebastian: James D. Stokes, BCS City Attorney 68 of 70 MLI SER.ST_" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: AGENDA ITEM TITLE RECOMMENDATION: 25 April 2018 IRC BOCC Letter to Mayor Hill Discuss and Advise Staff BACKGROUND: On 12 April 2018, the City received a letter from Peter D. O'Bryan, Chairman of the Indian River County Board of County Commissioners. The subject matter of the letter is the establishment of the City of Sebastian Fire Marshall's office. The City Attorney, Mr. Stokes, has requested an agenda item for proper notice to Council, and the public, of the letter's receipt. In addition, Mr. Stokes wishes to start the Council discussion on a possible answer. IF AGENDA ITEM REQUIRES EXPENDITUREOF FUNDS: NIA Administrative Services Department/CFO Review: l / .-I ATTACHMENTS: City Manager Authorization: Date: 16 April 2018 O'Bryan letter Peter D. O'Bryan District 4 Chairman Boll Solari District 5 Vice- Cha irniait Mayor Jim Hill 1225 Main Street Sebastian, FL 32958 BO,4RD OF C'OUVTY C'OrU31ISSIOYVERS RECEIVED APR 12 2018 City of Sebaslian p City Clerk's Office Susan Adanis District 1 Tint Zorc Dis trict 3 April 9, 2018 RE: City of Sebastian Fire Marshal's Office Dear Mayor Hill, Josepli E. Flescher District 2 It is my understanding that on March 14, 2018, the City Council of the City of Sebastian enacted an ordinance creating a city fire marshal's office. As you are aware, the Indian River County Board of County Commissioners as the governing body of the Indian River County Emergency Services District (the "District") did not support this ordinance. It is my goal, and the goal of the District, to amicably resolve issues between the District and the City of Sebastian concerning fire safety plan review, ongoing construction inspections as well as follow up inspections that may be required to insure compliance of the code. We have recently hired a new fire marshal, Dave Johnson. We are also transitioning to a new District Director, Tad Stone. And the Development Review and Permit Process Advisory Committee has been examining ways the County can improve the overall plans review process, which could benefit the City of Sebastian. It is important that the District and the City of Sebastian work together to create solutions that benefit the community. Therefore, I am writing to ask whether the City of Sebastian wishes to either remain as part of the District or if not, the County will assume the City of Sebastian intends on leaving the District and providing all of the emergency services within the City of Sebastian. I welcome an opportunity to meet with you to discuss the issues. Sincerely, l Peter D. O'Bryan Chairman, Indian River County Board of County Commissioners 1801 271n Street, Building A Vero Beach, FL 32960 (772) 226-1490 70 of 70