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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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
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F0. 5/6" IR/C ^ - - ZON
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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
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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
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S
TNlS MAP 8 REPORT ARE NOT VALID WITHOUT THE SIGNATURE AND
IC2
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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
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S 58'32'30" W 77.04'
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125.00' 1
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82.98'
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N 58'32'30' E 82.97'
1 ILI
N 55'39'40' E
268.06' f
D
20
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(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
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LB (8070
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COMPLETE WgHOUT ONE ANOTHER.
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Indian River County, Florida Property Appraiser _ Printer Friendly Map
Print I Back
N) ParcellD
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31382500001390000018.0
0
Indian River County GIS
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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.
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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 / {
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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)
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city / State Phone E -Mail gqA.4 /.
Reason for Rental ape of Function
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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
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CITY OF SEBASTIAN 1089
PARKS & RECREATION RECEIPT
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Date I t �� t* 7
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001001 208001 Sales Tax
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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
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White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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;
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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
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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
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