HomeMy WebLinkAbout07092003-WORKSHOP5]F. BASTI~
HOME OF PELICAN ISLAND
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: Workshop
Park and Recreational Facilities Use and
Fees
Appr,,oy'~.d for/~)Ub~!~~/~/
Agenda No. ~.
Department Origin: City Clerk on behalf of
City Manager, Public Works and Recreation
Division
Date Submitted: 7/2/03
For Agenda of: 7/9/03
Exhibits: (see list below)
SUMMARY STATEMENT
City Council, at its May 28, 2003 Regular Meeting, during a request for a church
sponsored flea market, passed a motion "to allow the activity and have some public
input or some type of meeting where we discuss what we would really like to see
happen".
During that discussion, there were also concerns expressed regarding size of events,
conflicts over use of the Cavcorp property for parking when there are city events and
fishing tournaments on the same weekend, and City Attorney advice that fundraisers
have to be examined specific to what the benefit is.
Following that meeting, staff met to review current provisions for use of parks and to
formulate some recommendations for City Council review.
We are attaching the following documents to assist City Council in its review:
Chapter 74 - Parks and Recreation Article I. (current code provisions for use of
parks and recreational facilities - derived from Ordinance O-92-15) 1-6
Resolution No. R-02-47 - Designating Classifications for Recreational Facilities
and Adopting Permit Procedures and Fees 7-13
3. Agreement Between City and Chamber for Fine Art and Music Festival 14-16
4. Agreement Between City and Lions Club for 4th of July Event 17-19
o
Agreement Between City and Sebastian Clambake Foundation, Inc. for
Clambake Festival 20-24
6. Garden Club License 1997 25-30
7. Memo from Parks and Recreation Division Relative to Proposed Fees 31-35
Department of Natural Resources Letter 11/14/85 Relative to Grant Provisions
for Riverview Park 34-35
Since the opening of Riverview Park in 1985, park use has been an issue in the City of
Sebastian and several City Councils have reviewed the matter and adopted use policies
over the years. As the City's population increases, more requests are coming in and it
becomes necessary to review provisions anew.
Please remember as you begin your review, that "park event" and "special event"
provisions as defined in Chapter 74 do not include events which are city-sponsored, i.e.,
4th of July, Clambake Festival, and the Fine Art and Music Festival. The Pelican Island
Wildlife Festival is considered city-sponsored as well, although there is no formal
agreement.
Mayor Barnes has requested some discussion on having a police presence at the Yacht
Club ramp on weekends.
Based on discussions and documents provided, staff wishes to make some
recommendations, and beyond that will await further City Council input and direction
relative to park use, facility use, fees, and coordination of events affecting parking in the
Riverfront, specifically Cavcorp.
Chapter 74 will require an amendment to change language relative to "park
events" from "50-300" people to "75-300" people to put it in line with Resolution
No. R-02-47 and comply with staff recommendation that 75 is the preferable
number.
Administrative permit procedures currently set out in Resolution No.
R-02-47 will be better utilized by staff for future events.
Increased permit fees should address mitigation issues (use of city staff before,
during and/or after events if necessary).
o
City-sponsored events can be specifically included by name in the code or
resolution if Council so wishes.
o
Certain legal questions should be addressed by the City Attorney relative to
whether the City can give "exclusive" use of any of its facilities established by
grant; whether for-profit sales can be permitted; and need for disclosure of non-
profit benefit.
If any City Council members are interested, there are model ordinances available from
Municipal Code model ordinances relative to special events permitting procedures and
an extensive file on past regulations imposed on park users in the City Clerks office.
2
Chapter 74
PARKS AND RECREATION*
Sec. 74-1.
Sec. 74-2.
Sec. 74-3.
Sec. 74-4.
Sec. 74-5.
Sec. 74-6.
Sec. 74-7.
Sec. 74-8.
Sec. 74-9.
Article I. In General
De(iu~tions.
Designation by resolution.
Regulations; promulgation and approva] by resolution.
General regulations for recreational facilities.
Additional regulations affecting waterway facilities.
Park event permits.
.Special event permits.
Enclosed public-use facility permit.
Cl~im~ against security deposit.
Sec. 74-10. Pern~t rescission.
Secs. 74-11--74-30. Reserved.
Sec. 74-31.
Sec. 74.32.
Sec. 74-33.
'Sec. 74.34.
Sec. 74.35.
Secs.
Article II. Golf Course
M,~n~cipal golf course; objectives; management.
Manager; duties.
· Rates.
Operating fund.
Vehicle restrictions.
74.36--74-49. Reserved.
Sec. 74.50.
Sec. 74-51.
Sec. 74-52.
Sec. 74.53.
Sec. 74-54.
Sec. 74-55.
Article YH. Recreational Impact Fees.
Fee required.
Credit for parcels vested under 1992 Bankruptcy Court Order.
Credit for the dedication of land for active recreation uses.
Time of payment.
Establishment of recreation zones.
Use of fees paid.
*Cross references--Streets, sidewzlk.~ and other public places, ch. 90; waterways, ch. 110.
Supp. Nc. 29 CD74:1
PARKS AND RECREATION § 74-2
ARTICLE I. IN GENERAL*
Sec. 74-1. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different me2n~ng:
Enclosed p~blic-use facilities means those city properties such as the yacht club and
co,-rnunity center, which by their very nature, are generally best utilized by designated groups
for meetings, events and private parties.
Open-Air public use facilities means those city properties such as the ball fields of the
Barber Street Spor~s Complex, the skatepark facility, that. by their very nature, are generally
best utilized by either the general public or designated.groups for sporting events, and may be
leased on a long-term basis to specific org~n~.ations.
_Park areas means any and all outdoor and covered grounds and facilities owned, operated
or designed by the city for the purposes of recreational or leisure activities, except those
facilities designated as Waterway facilities or Public-Use facilities.
_Park Event means u~lization of a recreation facility, other than au enclosed public-use
facility, or auy portion thereof for any planned or org~nlzed ev~, othe? than a city-sponsore~_d
eve_nt, at which the city manager reasonably believes betwee~and 300 persons will attend.
_Eecreation facilities means any and all real property owned or m~i=tained by the city for the
purposes of active or passive recreation, community and civic gatherings, open space and such
other traditionally related activities. However, these provisions shall specifically not apply to
the Sebastian Municipal Golf Course.
Special event meRn~ utilization of a recreation facility, other than an enclosed public-use
facility, or any portion thereof for any p]Rnned or organized event, other than a ci -ty_-ty_-ty_-ty_-t~onsored
event, at which the city manager reasonably believes more than 300 persons will attend.
.Waterway faciZities means any structare constructed on or over the waterways of the city
such as a public dock, boat ramp, seawall or boardw~]b~ as well any pedestrian w~]k-way
constructed or maintzined by the city r~mning over or along its waterways.
(Ord. No. O-00-20, § 1, 9-13-00; Ord. No. 0-02-15, § 1, 11-13-02)
Sec. 74-2. Designation by resolution.
The city council shall, by resolution, designate the classification, and the fees, where
applicable, for use of each recreation facility in the cit~.
(Ord. No. O-00-20, § 2, 9-13-00; Ord. No. 0-02-15, § 2, 11-13-02)
*Editor's note~Ord. No. O-00-20, §§ 1--10, adopted Sept. 13, 2000, amended Art. I,
§§ 74-1--74-10, to read as herein set out. Fomerly, Art. I, §§ 74-1--74-5, perta/ned to hours of
operation, prohibited s~r-als and alcoholic beverages, and restricted use of vehicles in parks
and prohibited swimm~-g in Swim Lake. Such sections were derived from the 1980 Code,
§§ 18-1--18-4, 26-7; and Ord. No. O-92-11, § 1, adopted July 8, 1992.
Supp. No. 29 CD74:3
§ 74-3 SEBASTIAN CODE
Sec. 74-3. Regulations; promulgation and approval by resolution.
(a) The city manager is hereby empowered and authorized to adopt, promulgate and
enforce reasonable rules and regulations which shall apply to city recreational facilities.
(b) All rules and regulations promulgated and adopted pursuant to this article shall, in
order to be effective, be posted in a conspicuous place in the area where they are intended to
be effective. The existence o£ such signs at any place within the city shall be prima facie
evidence such signs were erected or placed with the authority of the city manager.
(c) Any person violating any such rule or regulation promulgated and posted pursuant to
this article shall be subject to a fine of up to $500.00.
(d) The city houncfl may by resolution, remove or modify any regulation promulgated
pursuant to this section.
(Ord. No. 0-00-20, § 3, 9-13-00; Ord. No. O-02-15, § 3, 11-13-02)
Sec. 74-4. General regulations for recreational facilities.
(a) _Prohibited conduct; unlawful acts. No person shall:
(1) Use profane, obscene or threatening language er conduct within the area which
unreasonably interferes with the enjoyment of the recreational facility by others.
(2) Smoke in buJ]dlngs or other areas except where designated by signs posted by the city
manager or his designee.
(3) Knowingly interfere with, encumber, obstruct or render dangerous any part of a
facility.
(4) Enter or leave any park facility by motor vehicle except at established entrance ways
or exits, or at established times.
(5) Use an electronic public address system or other mechanical sound amplification
devices, including radios and electronic sound reproduction equipment of any kind at
such a high volume level as to unreasonably interfere with the use and enjoyment by
others of the facility.
(6) Build or set fires except on cooking grills or self-contained cooling units in specified
areas or upon written approval of the city manager.
(7) Possess, cons-me or serve any alcoholic or intoxicating beverages in any area therein
,mless in accordance with regulations allowing the same in conjunction with a
city-sponsored event, or as authorized by city permit for a function held at a public-use
facility.
(8) Cause or permit a dog or other domestic animal, other than a service animal within the
scope of Fla. Stat. 413.08, to enter the area nnless such pet is maintained on a leash
of six feet or less. No dogs or other domestic animals shall be brought int. o any enclosed
public-use facility except in accordance with the aforementioned statute.
Supp. No. 29 CD74:4
PARI~ AND 1ECBEATION § 74-5
(9) Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt,
rubbish, waste, garbage, refuse or other trash anywhere on the grounds of the parks
other than in proper receptacles provided therefor, and no such refuse or trash shall be
placed in any waters in or contiguous to, the parks or beach areas. Where receptacles
are not so provided, all such rubbish or waste shall be carried away from the park by
the person responsible for its presence mud properly disposed of elsewhere.
(10) Drive or park any unauthorized motor vehicle on any area wig. Bin any park or
recreational area except designated park roads or parl~ng areas; park any motor
vehicle that is not authorized by the city manager in any area other than an
established or designated parWing area; or park any motor vehicle that is not
authorized by the city manager within any recreational facility during the established
hours that said area is closed to the pubhc.
(11) l~ide a bicycle on other than e designated vehicular road or path designated for that
purpose; leave a bicycle in any place other than a bicycle rack when such is provided,
or leave a bicycle lying on the ground or paving or any place or position so as to present
any obstruction to pedestrian or vehicular traffic.
(12) Post public notices of a non-commercial nature except in designated areas and in
accordance with time and place restrictions established by the city manager.
(13) Operate a concession; sell, peddle, or solicit sell in any park without written prior
approval of the city manager or his designee.
(14) Bed down or sleep in parks or recreational areas including any parl~ng area except
upon written approval of the city manageri nor shall c, mper trucks, buses or trailers
be permitted to remain in such parking area between the hours of 12:00 midnight and
6:00 a.m. except boat trailers may remain in areas designated for the parl~ng thereof
during the time between launch and return of the watercraft it has transported.
(b) Signage. The city manager is hereby empowered and authorized to regulate the use of
recreational facilities wi*bin the context of this article by erecting or placing of signs
regulating such use and hours of use.
(c) V~olations and penalties. ~xolations of*.hi.~ section are punishable by a frae not exceedlnE
$500.00 or imprisonment not exceeding 60 days, or both.
(d) Parental liability. Parents shall be held liable for conduct of their ~nlnor children.
(Ord. iNo. 0-00-20, § 4, 9-13-00; Ord. No. 0-02-15, § 4, 11-13-02)
Sec. 74.5. Additional regulations affecting waterway facilities.
(a) Prohibited conduct; unlawful acts. In addition to the restrictions set-forth elsewhere in
this chapter, no person shall within or upon waterway facilities:
(1) Dive or j,~r,p into the water from such facility.
(2) Use railings or benches on piers or riverw-ll~s for cleaning or cutting bait or fish.
supp. No. 29 CD74:5
§ 74-5 SEBASTIAN CODE
(3) Push, propel or ride bicycles, scooters, skates or skateboards on piers or docks.
(4) Fish with more than two lines or poles at one time on piers or riverw~11~.~.
(5) Park or dock watercraft utilized for a commercial purposes, includln~ rental to the
public, longer than reasonably necessary to launch or retrieve the ss,~e.
(b) Signage. The city manager is empowered and authorized to further regulate waterway
facilities withl. the context of this article by erecting or placing of signs governing their use.
The existence of such signs at any place within the city shall be prima facie evidence that such
signs were erected or placed with the authority of the city manager.
(c) ~olations and penalties. Violations of this section are punishable by a fine not exceeding
$500.00 or imprisonment not exceeding 60 days, or both.
(d) Parental liability. Parents shall be held liable'for conduct of their minor children.
(Ord. No. 0-00-20, § 5, 9-13-001; Ord. No. O-02-15, § 5, 11-13-02)
Sec. 74-6. Park event permits.
No person shall conduct a park event without the prior approval of the city manager. Any
person desiring to conduct a park event shall submit a written application to the recreation
depa~t,,,ent on fores promulgated by the city manager and shall pay fees as established by
resolution of the city council. Further conditions for park event permit approval may be set out
· by resolution of the city council.
(Ord. No. 0-00-20, § 6, 9-13-00; Ord. No. 0-02-15, § 6, 11-13-02)
Sec. 74-7. Special event permits.
(a) No person shall conduct a special event without the prior approval of the city council.
Any person desiring to conduct a special event shall submit a written permit application to the
recreation department on forms promulgated by the city manager. The amount of the permit
fee and conditions for special event permit approval shall be established by resolution of the
city council.
· (b) The city council shall deny an application if the special event will unreasonably conflict
with public policy or adequate measures c~n~ot be taken by the applicant to protect the public
health, safety and welfare. A decision of the city council to deny, or to grant with conditions, an
application made pursuant to this section shall be final.
(Ord. BTm 0-00-20, § 7, 9-13-00; Ord. No. 0-02-15, § 7, 11-13-02)
Sec. 74-8. Enclosed public-use facility permit.
(a) No person shall u~ilize an enclosed public-use facility without the prior approval of the
city manager, except that certsi,~ uses shall require city council approval as set out in
paragraph (c) below. Anyone desiring to u~li~e an enclosed public-use facility shall submit a
written application to the recreation department on forms promulgated by the city manager
and shall pay fees as established by resolution of the city council. Further conditions may be
set out by resolution of the city council.
Supp. No. 29 CD74:6
PARKS AND RECREATION § 74-31
(b) No permit shall be granted for the commercial use of an enclosed public-use facility,
although fund-raising for non-profit organizations shall be allowed subject to council approval
as set forth below. In the event that g~mbling activity is to be a part of the permitted use, the
city council shall make a determ~ ation that such activity is not in confl~ct with the general law
of the State of Florida.
(c) In the event that the proposed use may include activities involving g~mbling, alcoholic
beverages, the use of a facility after 11:00 p.m., or ifa charge for admission, food costs, required
donation or other fee is to be assessed, then the permit can only be issued upon approval of the
city council.
(Ord. No. 0-00-20, § 8, 9-13-00; Ord. No. 0-02-15, § 8, 11-13-09,)
Sec. 74-9. Claims against security deposit.
All or part of the security deposit for any permit issued under this article shall be forfeited
to the city if it is determined by the city manager that non-compliance with the terms o£ this
article or conditions of the permit occurred, or if damages to the facilities have occurred which
can be at~ibuted to the applicant. The city manager is authorized to pro-rate the amount of
estimated d~mages and shall return any amount of the deposit in excess of estimated
damages. Damages are determined to be either physical destruction to the facilities or costs
associated with specific clean-up attributable to the applicant.
Any decision of the city manager may be appealed to the city council. The city council may
~ffirm, reverse or modify the decision of the city manager after considering the facts as
presented by both the applicant and the city manager.
(Ord. No. 0-00-20, § 9, 9-13-00; Ord. No. 0-02-15, § 9, 11-13-02)
Sec. 74-10. Permit rescission.
The city manager is authorized to rescind any permit found in violation of provisions oft]mis
article when it is deemed in the best interest of the public. Violations of any provisions of this
article may result in the forfeiture of the security deposit as provided above.
The decision of the city manager may be appealed to the city council. The city council may
~fl~rm, reverse or modify the decision of the city manager after considering the facts as
presented by both the applicant and the city manager.
(Ord. No. 0-00-20, § 10, 9-13-00; Ord. No. O-02-15, § 10, 11-13-02)
Secs. 74-11--74-30. Reserved.
ARTICLE H. GOLF COURSE*
Sec. 74-31. Municipal golf course; objectives; management.
The Sebastian Municipal Golf Course has been established to promote and encourage
persons to learn and play golf, sw~mm~ug, tennis and other recreational sports at the
*Charter reference--Powers of city relative to golf course, § 1.02(8).
Cross referencc Streets, sidew~lk.~ and other public places, ch. 90.
Supp. No. 29 CD74:7
RESOLUTION NO. R-02-47
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DESIGNATING CLASSIFICATIONS FOR
RECREATIONAL FACILITIES IN THE CITY; ADOPTING
PROCEDURES AND FEES FOR RECREATIONAL USE PERMITS;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, establishment of a new City Recreation Division and a review of recreational
facility permit fees and administrative procedures by City staff has resulted in a need for
amendment to certain provisions and fees; and
WHEREAS, City Council concurs with staff recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. CLASSIFICATION OF RECREATIONAL FACILITY.
Section 74-2, the following classifications are designated:
In accordance with
Recreational Facility
Classification
Community Center
Yacht Club
Barber Street Sports Complex
(includes Skateboard Park)
Schumann Park
Riverview Park Complex
Easy Street Park
Blossom Park
Hardee Park
Garden Club Park
Indian River Drive Boardwalk
Yacht Club Pier
Main Street Pier & Parking Area
Rotary Club Pier
Enclosed Public-Use Facility
Enclosed Public-Use Facility
Open Air Public-Use Facility
Open Air Public-Use Facility
Park Area
Park Area
Park Area
Park Area
Park Area
Waterway Facility
Waterway Facility
Waterway Facility
Waterway Facility
PARK EVENT PERMIT
Section 2. APPLICATION~ CONDITIONS AND FEES FOR PARK EVENT PERMIT
(75 - 300 Participants).
In accordance with Section 74-6, the following conditions apply to application for a Park
Event Permit:
Application. Applications for Park Event permits shall be submitted to the Parks
and Recreation Supervisor, on a form promulgated by the City Manager, along with
a $50 application/permit fee. The application shall list the name and address of the
permittee and the purpose of the event.
Conditions. Applicants shall meet with the City Manager to discuss:
a. Provisions for traffic and parking, solid waste collection and removal,
sanitary facilities, and security, if it is anticipated that a Park Event will by its nature
impact the use of the subject Recreation Facility by the public generally, and will
have other implications for the public health, safety and welfare.
b. Need for and method of reimbursement if City resources are needed to
adequately protect the public interest.
City Manager Approval. The City Manager shall approve the permit if it he has
determined that said Event will not adversely affect the interest of the public, and
has worked out an agreement governing mitigation measures, and financial
responsibility therefor, of the public welfare issues raised by the Event.
Permit. Permits shall be issued by the City Manager and may only be issued in the
name of an adult or legally organized organization. Any adult obtaining a permit on
behalf of a group comprised of minors shall be held responsible for the supervision
of each minor participating in the Event.
All general provisions for use of City Recreational Facilities as set out in the Code of
Ordinances shall apply to Park Event Permits.
SPECIAL EVENT PERMIT
Section 3. APPLICATION~ CONDITIONS AND FEES FOR SPECIAL EVENT PERMIT
(more than 300 participants).
In accordance with Section 74-7, the following conditions apply to application for a Special
Event:
Application. Applications for Special Event permits shall be submitted to the Parks
and Recreation Supervisor, on a form promulgated by the City Manager along with
a $100 application/permit fee and include the following information:
1. A list of all vendors and others that will participate in said Event and
guarantee that they meet all applicable permit or licensing requirements,
and comply with all applicable laws, code provisions, and duly promulgated
rules and regulations governing use of the subject facility.
2. A schematic of any structure to be erected or otherwise assembled as part
of the Event.
Conditions. Applicants shall meet with the City Manager to discuss:
1. Provisions made for traffic and parking, solid waste collection and removal,
sanitary facilities, and security, if it is anticipated that a Special Event will by
its nature impact the use of the subject Recreation Facility by the public
generally, and will have other implications for the public health, safety and
welfare.
2. Method of reimbursement if City resources are needed to adequately protect
the public interest.
Council Approval. The City Manager shall forward the permit application to the City
Council with his recommendation as to whether said Event is in the best interests of
the public, and if necessary, submit a proposed agreement governing mitigation
measures, and financial responsibility therefor, of the public welfare issues raised
by the Event.
Permit. Permits shall be issued following approval of the City Council and may only
be issued in the name of an adult or legal!y organized organization. Any adult
obtaining a permit on behalf of a group comprised of minors shall be held
responsible for the supervision of each minor participating in the Event.
All general provisions for use of City Recreational Facilities as set out in the Code of
Ordinances shall apply.
ENCLOSED PUBLIC-USE FACILITY PERMIT
Section 4. APPLICATION~ CONDITIONS~ AND FEES FOR ENCLOSED PUBLIC-
USE FACILITY PERMIT.
In addition to those provisions set out in the Code of Ordinances, the City Council
hereby adopts the following rules, regulations and fees for the use of enclosed public use
facilities (the Sebastian Community Center and the Sebastian Yacht Club):
A. An application for a permit for an enclosed public-use facility must be submitted on
a form, promulgated by the City Manager, to the Parks and Recreation Supervisor, along
with the security deposit fee as set out in this Resolution. The application must be received
at least two weeks prior to the date of the requested use, however, an application for a
permit requiring City Council approval must be received at least two weeks before the next
Regular City Council meeting date which is prior to the date of the requested use
B. In accordance with the Code of Ordinances, in the event that the proposed use may
include activities involving gambling, alcoholic beverages, the use of a facility after 11:00
p.m., or if an admission charge is to be assessed, then the City Manager shall not issue a
use permit until directed to do so by the City Council. In the event that gambling activity is
to be a part 'of the permitted use, the City Council shall make a determination that such
activity is not in conflict with the general law of the State of Florida. No alcoholic beverages
of any type may be brought on to the premises, dispensed, or otherwise consumed without
prior authorization of the City Council. No admission fee or other charge may be imposed
by the permittee unless expressly authorized in the use permit. Prior to issuance of the
permit, the City Council shall, make a determination that the proposed admission charge or
other fee is not intended to further a commercial purpose.
C. The City Manager, or his designee, shall issue a use permit upon a determination
that the requested use is permissible pursuant to this Resolution and upon payment of the
appropriate rental fee as set out in this Resolution. It is the policy of the City of Sebastian
that no waivers of the rental or security deposit will be permitted, except as otherwise
provided for in this Resolution.
D. A use permit for a group composed of minors shall be issued only to an adult who
accepts the total responsibility for the supervision of each minor throughout the period
covered by the permit.
E. The applicant shall disclose the nature of the proposed activity and the anticipated
need for extra work by City personnel. If it is determined that the permittee will cause extra
work by City personnel as a result of the proposed use, an additional fee shall be charged
in order to fully recoup such cost.
F. No decoration of any type shall be permitted without prior approval. Any decoration
utilized must be removed by the permittee.
G. The permittee shall not, under any circumstances, remove any chairs, tables, or
any other equipment from the facility
H. The permittee shall bear the responsibility for the control of the lights, thermostats
(specifically turning off after events), and other equipment in the facility. Further, the
permittee shall bear responsibility for the unlocking and subsequent securing of the doors
of the facility. In the event that an applicant anticipates any special needs with regard to
heating, air conditioning, or lighting, he shall disclose the details of such necessities at the
time of application.
I. The permittee is solely responsible and answerable to the City for damages and to
any injured person for any and all accidents or injuries to persons or properties resulting
from .the use of the facility during the permitted period. The permittee shall ensure that the
facility is left in the same condition as it was in .prior to the permitted use. Any facility
equipment utilized must be replaced in the facility's storage room after use.
J. Use permits are not transferable.
K. The permittee for any function at which 76 or more attendees are anticipated, shall
be required to hire one or more Sebastian Police Officers to attend the function for security
purposes at the rate established by the City Manager for City officers hired for private duty,
unless waived by City Council. The ratio of the number of attendees to required officers is
attached hereto as Exhibit "A". Verification of the agreement with the Sebastian Police
Department shall be obtained by the Parks and Recreation Supervisor prior to issuing a
key to the permittee. If the Police Department verifies that a sufficient number of School
Resource Officers will be used to handle security for a teen dance/function, hiring of police
officers is not required. Private duty police officers shall be available for groups of any size
if requested by the permittee.
L. A minimum deposit of Two Hundred Fifty Dollars ($250.00) must accompany each
application for use of the Community center and Yacht Club. This deposit is refundable if
a facility is left in a clean and undamaged condition by the permittee. In the event that the
City, in its sole discretion, determines that cleaning or repairs are necessary after the
permitted use, the deposit shall be forfeited. In the event that cleaning or repairs are not
necessary, the City Clerk shall refund the deposit to the permittee within two (2) weeks
after the completion of the permitted use.
Rates for Community Center and Yacht Club are as follows:
Public Use Facility
Community Center
Resident Rates
Four (4) hr flat rate $150.00
Each Additional hr $ 25.00
Non-Resident Rates
Four (4) hr fiat rate $ 225.00
Each Additional hr $ 37.50
Yacht Club
Four (4) hr flat rate $ 75.00
Each Additional hr $ 15.00
Four (4) hr flat rate $110.00
Each Additional hr $ 20.00
Exemption from Rates: The Sebastian Property Owners Association is exempt from
payment of fees up to a limit of two meetings per month at the Yacht Club based on a prior
agreement with General Development Corporation relative to this facility.
Not-for-profit Organizations: In the event that the applicant is a school, church, or
other tax exempt entity, as defined by the Internal Revenue Service Code, the charges for
use of the Sebastian Community Center or the Sebastian Yacht Club shall be one-half
(1/2) the regular rate.
All general provisions for use of City Recreational Facilities as set out in the Code of
Ordinances shall apply.
Section 5.
repealed.
Section 6.
All Resolutions or parts of Resolutions in conflict herewith are hereby
This Resolution shall become effective immediately upon adoption.
The foregoing
Barczyk
Majcher
Resolution was moved for adoption by Oouncilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Walter Barnes ay e
Vice Mayor James Hill ay e
Councilmember Joe Barczyk a y e
Councilmember Ray Coniglio a y e
Councilmember Edward Majcher a7 e
The Mayor thereupon declared the Resolution dully passed and adopted this 2 3 r dday of
October
,2002.
City Clerk
(SEAL)
CITY OF SEBASTIAN, FLORIDA
Walter Barnes, Mayor
Approved as to form and legality for
relia,~,~~ty of Sebastian only:
Rich Stringer, City ~t~.~rney
E~:rrl~IT
1, Aci~'~ f~iioas wit. h:
· Up ~o 75 ~.~l,~ ......................................... N~ O~r R.equir~d
76 to 250 ~ ......
25~ ~o 300*
Up to 9~ ~ ..................................... No 0~= ~q~d
!00 io 1~9 ~¢~ ............
200 ~o 300*
*Mm.~rn-~ Occupauoy Lim~= g/l 6/~9 - Captain Diggs, Fire '~n~ec~or ofi. ~ Couu~
JOINT PROJECT AGREEMENT
This agreement entered into th/s~[~ day of fl//~'}'
SEBASTIAN, a Florida municipal corporation (hereinafter
SEBASTIAN RIVER AREA CHAMBER OF COMMS~RCE
"CHAM~ER") provides that
, between the CITY OF
called "CITY") and the
(hereinafter called the
WltEREAS, the City has hosted a two day Arts and Music Festival for the last
years, with ajuried Art Show and Music Entertainment along the City's River~ont
in December each year, and
WglEREAS, the Chamber agrees to organize and sponsor the event, and
WItE~AS, the City and the Chamber desire that the CHAMBER be designated
the stares of sponsor and organizer of the Art and Music Festival, and the parties hereby
set forth the obligations and privileges of continuing the Festival;
TmZ. REFORE, 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:
o
The parties shall cooperate in organizing and conducting the Fine Arts and
Music Festival for the years 2002 through 2006 as set forth herein.
The Chamber, with the aid and assistance of necessary City personnel,
sb~]l organize and administrate all activities and events for said Arts
Festival in compliance with all applicable ordinances, statutes, health
codes and other governmental regulations and subject to the safety
controls of the Sebastian Police Departmem, Fire Marshall and Health
Department.
o
Said Festival shall entail, at a minimum, a juried art show, a food and
drink court and musical entertainment over a two - day period, with such
additional events to be determined by the CHAMBER to be feasible.
The City shall provide public works personnel to supervise and help in
maintaining the park and grounds, including trash removal and i2sect
control, beginning on Friday evening set-up through Sunday evening
breakdown. Additionally, the City shall provide all electric power as
needed by the Festival.
The City shall provide law enforcement personnel, as deemed necessary
by the Chief of Police, throughout the event, including an officer who
shall be specifically assigned to duty at Riverview Park for security
overnight on the Saturday evening of the event.
The City shall provide three (3) half page ads in the Press Journal and
advertising in the TGIF of the Florida Today.
The Chamber shall have the right to rent concession booths in Riverview
Park and if needed, close a portion of the Indian River Drive right-of-way
as part of the Festival, and shall be entitled to all proceeds from said
concession activities.
The Chamber shall organize fundraising and otherwise have full financial
respons~ility for funding the Festival event.
The Chamber agrees to indemrfify, defend and hold City harmless from
any and all claims of any nature brought by the Chamber members, or
10.
agents in the course of performing Chamber's obligations under this
Agreement, or fi:om any claims by any persons arising from or damages
incurred by the City from the actions of Chamber members or agents
whatsoever arising from the exercise of the privileges and obligations set
forth hereunder.
The City agrees to indemnify, defend and hold the Chamber harmless
from any and all claims of any nature brought by City's employees or
agents in the course of performing City's obligations under this
Agreement, or fi:om any claims by any person arising from the wrongful
acts of City's employees or agents whatsoever arising from the exercise of
the privileges and obligations set forth hereunder. Nothing herein shall be
deemed a waiver of sovereign immunity.
AGREED to on the date first set forth above.
SEBASTIAN RIVER AREA
CHAMBER OF COMMERCE
By: ~'~</~' './f,. ~' <~./,. ,~,~/
(Seai)
Attest:
Sally A. Maio, CMC
City Clerk
Approved as to Form and Content
For Reliance by the City of Sebastian
Rich Stringer, Cit~_J~ttorney
(Seal)
JOINT PROJECT AGREEMENT
This agreement entered into this ~¢~day of March, 2001, between the CITY
OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY"), and the
LIONS CLUB OF SEBASTLAN, INC. (hereinafter called "LIONS"), provides that
Wlq-EREAS, CITY has traditionally hosted a Fourth of July Festivity Celebration
with a parade, concessions and fireworks along the City's Riverfront; and
WH-EREAS, LIONS have long been the sponsor and organizer o£ said event; and
Wlt-EREAS, as the event has grown, the financial burden on the LIONS has
stretched its resources; and
Wlt-EREAS, LIONS and CITY desire that LIONS maintain the stares of' sponsor
and organizer of the Celebration, and the parties hereby set forth the obligations and
privileges of continuing this valued relationship;
Tlq-EREFORE, 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 traditional
Fourth of July Festivity Celebration for the years 2001 through 2005 as set forth herein.
2. LIONS, with the aid and assistance o£ necessary City personnel, shall
organize and administrate all activities and events for said Celebration, with the
exception of the VIP breakfast, 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 Celebration events shall entail~ aZ. a nfinimmn, a parade, fireworks
display, live musical entertainment, and a festival fl~ the ~verview Park, with such
additional events as is determined by the CITI7 to be feasible.
4. CITY shall advance $5000 to LIONS towards costs of entertainment,
administrative and miscellaneous expenses.
5. Witkin sixty (60) days after conclusion of the Celebration, LIONS shall
provide a final accounting in accordance with generally accepted .practices, and return
any funds remaining from the advanced amount.
6. LIONS shall have the right to rent concession booths in Riverview Park
and, if needed, the closed portion of the Indian River Drive right-of-way as part of the
Celebration festival, and shall be entitled to all proceeds from smd concession activities.
7. CITY .shall contra~ directly for the fireworks display, shall organize fund-
raising and otherwise have full financial responsibility for funding the Celebration events.
8. LIONS agrees to indemnify, defend and hold CITY harmless from any
and all claims of any nature brought by LIONS's members or agents in the course of
performing LIONS's obligations under this Agreement, or from any claims by any
persons arising from or damages incurred by the City fromm the actions of LIONS's
members or agents whatsoever ar/sing from the exercise of the privileges and obhgations
set forth hereunder.
9. CITY agrees to indenmffy, defend and hold LIONS harmless from any
and all claims of any nature brought by CITY's employees or agents ha the course of
performh~g CITY's obligations under this Agreement, or from any claims by any persons
arising'from the wron=~-ul acts of CITY's employees or agents whatsoever arising from
/
the exercise of the privileges and obligations set forth hereunder. Nothing herekn shal/be
deemed a waiver of sovereign immurfitT.
AGREED to on the date first set forth above.
CITY 0F SEBASTLAN,
a Florida mumcipal corporation
Terrence t(. Mo6re,'City Manager
THE LIONS CLUB OF SEBASTL4.N
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
~Iosting and Sponsorship Agreement
T~$ AGREEMENT made this ~& day of August, 2002, be~een the CITY OF
SEBASTIAN, a Florida municipal corporation (hereinafter called the "CITY") and THE
SEBASTLA_N CLAMBAKE FOUNDATION, INC., a Florida non-profit corporation (hereinafter
called the "FOUNDATION") provides that
WHEREAS, the CITY hosts public festivals in the Riverview Park complex in the
winter, spring and summer of each year; and
WI-IEKEAS, k is desirable that the CITY host a fall festival; and
WHEREAS, the FOUNDATION has formed and incorporated for the purpose of
organizing a festival to be known as "The Sebastian Clambake Lagoon Festival" (hereinafter
called the "Clambake") in celebration of the unique aspects of life along the Indian River
Lagoon, to be held each year on the weekend following Labor Day; and
WHEREAS, the CITY and FOUNDATION desire that said celebration be centered
around CITY's Riverview Park complex; and
WI-IEREAS, the CITY desires to hold the status of both corporate membership in the
FOUNDATION and sponsor of the Festival, with the mutual obligations and privileges of the
parties set forth below;
TI-IEREFORE, IN AND FOP, CONSIDERATION of the mutual benefits and promises
herein, the sufficiency of which is hereby acknowledged by the parties, it is agreed:
o
The CITY shall be host to the FOUNDATION's Clambake for the years 2002
through 2011, and the parties shall cooperate in conducting the Clambake as set
forth herein.
The FOUNDATION, with the aid and assistance of necessary CITY personnel,
shall organize and administrate al! activities and events for the Clambake, unless
otherwise set forth herein, in compliance with all applicable ordinances, statutes,
health codes and other governmental regulations, and subject to reasonable safety
controls of the ?olice Department, Fire Marshall and Health Department.
o
The Clambake shall entail, at a minimum, the serving of clambake-style seafood,
beer and/or wine and non-alcoholic beverages, and musical entertainment, as well
as various water-related activities, over a three-day period commencing the
afternoon of the Friday following Labor Day through Sunday evening.
Except as specifically set forth herein, the FOUNDATION shall have all financial
responsibility for funding the Clambake. It is recognized that the Clambake is
intended to be a fund-raiser for local charitable and public-purpose projects and
that, towards these purposes, the FOUNDATION may be compensated by
vendors and others for use of the rights-of-way and park areas subject to this
agreement. So long as its non-profit slams is maintained, however, the
FOUNDATION shall control disbursement of all proceeds of the Clambake in
accordance with the requirements of Florida law.
Commencing as of 3 p.m. on the Thursday preceding the event, the entire
Riverview Park complex, including the Yacht Club facilities, will be dedicated to
the exclusive use of the Clambake. Sebastian Boulevard and Harrison Street east
of the adjacent private properties thereupon, and Indian River Drive between
Coolidge and Harrison, will be closed to traffic commencing as of 8 a.m. on the
'Friday .of the event. These restrictions shall continue until the conclusion of the
Clambake on Sunday evening.
The FOLrNDATION is authorized to hold a carnival as part of the Clambake. In
the event such a carnival is held, the portion of the Riverview Park complex
reasonably required for the same shall be dedicated to this exclusive use up to 72
hours earlier than as set forth in paragraph 5 in order to accommodate set-up of
the attractions.
The FOUNDATION shall have full responsibility for maintaining, and is
authorized to maintain, the Castaway's Bonfire adjacent to the food preparation
area in accordance with established fire safety guidelines, and shall at all times
have representatives tending the same.
In conjunction with the Castaway's Bonfire, the FOUNDATION is anthorized to
bring in loads of sand to enhance the facilities. Said sand placement shall be
coordinated with the Director of Public Works and, as a donation by the
10.
tl.
12.
13.
14.
FOUNDATION to the benefit of the public, after the event said sand can be
incorporated as fill into needed areas of the Kiverview Park Complex.
The CITY shall provide taw enforcement personnel, as deemed necessary by the
Chief of Police, throughout the event, including at a minimum one officer (either
a certified sworn officer or a member of the department volunteers) who shall be
specifically assigned to duty at the P, Jverview Park Complex for security
overnight on Friday and Saturday evenings of the event.
The CITY shall provide a reasonable system of off-site parking and transport
during the event except for those occasions when the parties agree that the same is
not needed. CITY shall bear the financial responsibility for this system.
The CITY shall provide public works personnel to supervise and assist in event
set-up at the times provided in paragraphs 5 and 6, including initial preparation of
the site, including insect control, and with event wrap-up. During the event at
leas~ one CITY public works representative will be on site for trouble-shooting
duties. Additionally, the CITY shall provide all electric power and water as
needed by the Clambake.
No earlier than six (6) weelcs prior to the event, FOUNDATION shall obtain
written quotes at the going market rate cost for three (3) half page ads in the
~Press-fournal, and a half-page advertisement in the TGIF edition (or equ/valent
entertainment supplement) of Flor~da Today and provide copies thereof to CITY,
which shall promptly provide equivalent funds to the FOUNDATION. It is agreed
that all such funds shall only be expended for promotional advertising and
FOUNDATI°N shall account for use of said funds, however, it is recognized that
said funding will be incorporated into an integrated promotional budget and
media strategy as seen fit by the FOUNDATION.
Additionally, CITY shall publicize the event through ks newsletterl governmental
access channel, public signage, website and all other available CITY information
outlets.
In the event that a "rain-date" is required for the fireworks display from the
CITY's 4t~ of July Celebration, it is agreed that the same shall be held on one of
the evenings of the Clambake, the exact day to be determined by mutual
agreement of the parties.
15. The CITY shall be granted a Certificate as a corporate member of the
FOI_INDATION in accordance with Chapter 617 of the Florida Statutes, and shall
be entitled to exercise all rights of membership to the non-profit corporation.
16. Further, the CITY shall be accorded the highest level of sponsorship provided for
the festival, and shall receive the publicity and recognition granted any others of
that status.
17. The FOUNDATION agrees to inderanify, defend and hold City harmless from
any and all claims of any nature brought by the FOUNDATION members, or
agents in the course of performing FOUNDATION's obligations under this
Agreement, or from any claims by any persons arising from or damages incurred
by the CITY from the wrongT-ul acts of Foundation 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.
18. The CITY agrees to indemnify, defend and hold FOUNDATION harmless fi-om
any and all claims of any nature brought by CITY's employees or agents in the
course of performing CITY's obligations under this Agreement, or from any
claims by any persons arising from the wrongful actions of CITY's employees or
agents whatsoever arising from the exercise of the privileges and obligations set
forth hereunder. Nothing herein shall be deemed a waiver of sovereign immunity.
It is not intended for this provision to create any right of subrogation or any other
third-party rights.
AGREED TO on the date fist set forth above.
CITY OP SEBASTIAN,
a Florida mu~cipal corporation
Terrence I~.~Moore, C~ty Manager
THE SEBASTIAN CLAMB~
FOUNDATION,/NC., a Florida non-profit
corporation
Its: Vice-President //
Attest:
S--&y 2t. M~, CMC
City Clerk
rate Secretary
Approved as to Form and Legality for
Reliance by the City of Sebastian Only:
. Special Counsel
L I CENSE
KNOWN ALL MEN BY THESE PRESENTS that the City of Sebastian,
1225 Main Street, Sebastian, Florida, 32958, hereinafter called
"Grantor", in consideration of the sum of TEN 3~ND NO/100 ($!0.00)
DOLLARS, and other valuable considerations, receipt of which is
hereby acknowledged, does hereby grant to the Pelican Island Garden
Club, 272 Zane Avenue, Sebastian, Florida, hereinafter called
"Grantee", a non-exclusive irrevocable license for the planting
and maintenance of certain landscaping upon and across a portion of
a city-owned park situated in the County of Indian River and State
of Florida, more particularly described in Exhibits "A" and "B",
which are attached hereto and incorporated herein by this
reference. The Grantor shall assist in the installation and
maintenance of the landscaped area.
RESERVING to Grantor the right and privilege to use the land
conterminous with the license herein granted for all purposes not
inconsistent with the Grantee's. The within grant of license and
easement is non-exclusive.
In the event the Grantee does not utilize the license for the
aforesaid purpose or abandons it for one (1) year after
6~ ~ ~ \~q~ , the license granted herein to Grantee for that
eh~e area only shall be deemed null and void at the option of
the Grantor and the Grantor shall have the inunediate right to
reenter and terminate the privileges granted hereby. Upon such
reentry, the complete title and ownership of this license shall
vest in the Grantor and the license shall be terminated.
IN WITNESS WHEREOF, the Grantor has executed this License
STkTE OF FLORIDA:
COUNTY OF INDIAN RIVER
Thomas W. F~me
City Manager
HEREBY CERTIFY that on this ~. day of ~</~/ /~7 '
before me appeared ~-~/~Z~, ~.~r.,{.~ ~ -/w~o is
personallz/known to me or has produced
~?//~ as identification.
10
WITNESS my hand and official seal at Sebastian in the County
of Indian River, and State of Florida, the day and year last
aforesaid.
(SEAL)
MY COMMISSION # CC 369021
EXPIRES: April 30, 1998
Bonded 'l'hm Nom~ Public Un~m, flmrs
My Commission Expires:
PUD-C
PUD-R
CL
· Pelica ! land Garde Club
Sebastian, Flo da
June 18, !997
ERLH~IT ~B"
Mr. Thomas Frame, City Manager
City of Sebastian
i225 Main Street
Sebastian, Florida 32958
Dear Mr. Frame:
Pusuant to our discussions, the Pelican Island Garden Club
is asking for permission from the city to activate a beautifi-
cation program on the west side of Dominican Lake.
We would like to install two large area beds in which we
will put a minimum of three large trees each, plus suitable
bushes, plants and flowers to make it attractive. We also would
like to plant a fairly large live oak on the part of the land
which juts out into the lake. We will put in a winding pathway
covered with mulch, mulch the beds and install at least two
benches. This will be a tranquil park, not an active one.
Along with your permission to go ahead, we would like any
cooperation the parks department can give us in the planting
and watering of the trees and plants, as well as mowing of the
park.
It is our desire to make this an attractive addition to
our city, without asking the city to provide funds. This is
a project of the Pelican Island Garden Club, but we will be
receptive to any help you can give us. It will be done in steps,
and will be an ongoing project.
We appreciate your cooperation.
Sincerely,
Margaret Miquelon, President
Pelican Island Garden Club
Sebastian, Florida 32958
275 Zane Ave.
Sebastian, Florida 32958
Flo kla
Subject: License Agreement Between the City
of Sebastian and the Pelican Island Garden
Club For A Non-Exclusive Irrevocable License
for the Planning and Maintenance of Certain
Landscaping Upon Certain City Owned
Property.
Approved for Submittal by: City Manager
Agenda No.
Department Origin: City Manager
Date Submitted ' 07/02/97
For Agenda of: 07/09/97
Exhibits:
Letter From Margaret Miquelon, President Pelican Island Garden Club
Copy of Letter From City Manager to Garden Club
Proposed License Agreement
Map Of The Subject Property
EXPENDITURE
REQUIRED: N/A
JAMOUNT BUDGETED:
N/A
IAPPROPKIATION
REQUIRED: N/A
SInVI3IARY
Over the past several months, dialogue has developed between the City Manager and the Pelican
Island Garden Club over the landscaping, beautification and improvements to that tract of land that
is owned by the City abutting, Dominican Lake. In particularly, the property is bounded on the
southwest by Barber Street to the northwest by Rose Arbor Drive and to the southeast by Dominican
Terrace. The Garden Club would like to be able to proceed with the improvement to the subject
property through landscaping, walking trails, park benches, etc., and members of public works and
the City Manager's Office have met with representatives of the Pelican Garden Club on ske and agree
that it would be a useful effort on part of the Garden Club. The Garden Club does not propose to
assume the responsibility for maintenance of the property but would like to work in enhancing the
property as a donation to the City. From a staffprospective, we are very supportive of this approach
and have advised the Garden Club that coordination would be most important to insure cost effective
maintenance with various improvements.
RECOMMENDATION
.~.ccommend approval of the License Agreement authorizing the Pelican Island Garden Club a non-
,~.xclusive irrevocable license for the planning and maintenance of certain landscaping upon and across
subject property abutting Dominican Lake.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
July 1, 1997
Ms. Margaret Miquelon
President, Pelican Island Garden Club
272 Zone Avenue
Sebastian, FL 32958
Dear Ms. Miquelon:
Pursuant to your letter dated June 18, 1997, this is to officially advise you that the City has no
objections to your request to place two (2) large area planting beds on the property adjacent on the
west side of Dominican Lake.
You have also indicated that you would place at least three (3) large trees in each planting area, plus
suitable bushes, plants and flowers in addition to a large Live Oak on that portion of the property that
jo.ts out into the lake. This, as discussed at the site, is acceptable to the City along with the concept
of a winding pathway covered with mulch.
Additionally, the City has no objections to the placement of park benches, provided that prior to the
placement of the benches, the City could review the type of benches to be placed therein, to insure
that they are of suitable strenCh.
As a cooperative act, the City will provide within its abilities, help in the planting and watering of the
trees and plants. The City will, as it has in the past continue to mow the park. As an adjunct to this
approval, it is my intent to present to the City Council a more formalized request and approval which
would authorize the Pelican Island Garden Club of Sebastian to in effect, to be the lead agency for
the enhancement of this site.
The City is always happy to work with interested community groups in partnerships, for the
improvement of the City, which provides not only savings to the taxpayers of the City but provide
enhanced facilities and services for all the citizens of the City.
Sincerely,
Thomas W. Frame
City Manager
TWF~mt
SEBASTIAN
HOM[ O[ P£[ICAN ISLAND
1225 MAIN STREET · SEBASTIAN, FLORIDA 32958
TELEPHONE: (772/589-5330 · FAX (772) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
THROUGH:
SUBJECT:
July 1, 2003
Terrence R Moore, City Manager
Chris McCarthy, Parks and Recreation Superintendent
Terry Hill, Director of Public Works.,~/~v~
Back up Material for July 9, 2003 Park Use Meeting
We recently conducted a survey of Park use fees for surrounding communities.
We did are best to compare similar structures and amenities that the City has.
Attached are recommendations for new fees for Council consideration. We feel
these recommendations are in line with fees charged by other municipalities and
counties. We also attached a list of current fees charged versus the new fees.
"An Equal Opportunity Employer"
Celebrating Our 75th Anniversary
The City of Sebastian, Parks & Recreation Division, Division of Public Works, recently
conducted a survey of park fees charged for similar structures and amenities by
surrounding cities and counties. We compared prices from the City of Palm Bay, City of
Melbourne, City of Vero Beach, City of Port Saint Lucie, and Indian River County. Our
survey found that, compared to other cities and counties, the City of Sebastian's park fees
are considerably lower for similar structures and amenities. In keeping with current
trends, the Parks & Recreation Division wishes to make the following recommendations
for Council's consideration.
RIVERVIEW PARK
Riverview Park has grown in size with the clearing of the south and southeast portion this
year. We believe it is possible to rent the Park out in different sections. The main area
would be the area in between Sebastian Blvd. and Harrison St. The south and southeast
area would be the area south of Harrison St. on both sides of Indian River Dr. The large
pavilion could be rented separately for small gatherings.
RECOMMENDED FEES
Park Event 75 - 100 people
Special Event 300 + people
Main $100 $200
South/Southeast $100 $200
Pavilion only $50 $50
Security Deposit $100 $200
COMMUNITY CENTER AND YACHT CLUB
The Community Center and Yacht Club are currently rented out in four-hour blocks with
charges for each additional hour (plus 7% tax). The Community Center charges for Police
protection for 74 to 300 people. We currently have resident and non-resident rates for
both buildings. Not for profit organizations as defined by the IRS pay ½ the rate.
RECOMMENDED FEES (7% SALES TAX APPLIES TO BELOW FEES)
Resident Non Resident
Community Center
4 hour block $200 $300
Additional hour $30 $50
Security Deposit $250 $250
Yacht Club
4 hour block $100 $150
Additional hour $25 $30
Security Deposit $250 $250
NEW RECOMMENDATIONS FOR GARDEN CLUB PARK AND PAVILION AT
THE CREATIVE PLAYGROUND
Resident & Non Resident
Garden Club Park and Creative Playground Pavilion $40
ClffO[
SEILALSTIJ
HOM[ OF PELICAN ISLAND
1225 MAIN STREET- SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5330 · FAX.(772) 589-5570
COMPARISON OF OLD FEES VERSUS NEW FEES BEING RECOMMENDED
RIVERVIEW PARK
Park Event 75 to 300 People
Special Event 300 + People
Old New Old New
Main Park $50 $100 $100 $200
South/Southeast $0 $100 $0 $200
Pavilion only $50 $50 $0 $50
Security Deposit $0 $100 $0 $200
COMMUNITY CENTER
Resident Non Residem
Old New Old New
Four Hour Block $150 $200 $225 $300
Additional Hour $25 $30 $37.50 $50
Security Deposit $250 $250 $250 $250
YACHT CLUB
Resident Non Resident
Old New Old New
Four Hour Block $75 $100 $110 $150
Additional Hour $15 $25 $20 $30
Security Deposit $250 $250 $250 $250
"An Equal Opportunity Employer"
Celebrating Our 75th Anniversary
State of Florida
DEPARTMENT OF NATURAL RESOURCES
DR. ELTON J. GI$SENDANNER
E~eeulive [)i,'ecLor
Marjory Stoncman Douglas Building
3900 Commonwealth Boulevard, 'Fallahassrc, Florida 32303
November 14, 1985
BOB GRAHAM
C~overllor
GEORGE FIRESTONE
Secrel~.ry of State
JIM SMITH
A~;/~orney General
GElq. ALD A. LEWIS
Comptroller
BILL GUNTER
DOYLE CONNER
ComrnLasioner of Agri=ul~,ure
I~ALPH D. TURLINGTON
Commi~o~er of lidu~}l~n
RECEIVED NOV l 1985
Mr. Hector Franco
Building Official
City of Sebastian
Post Office Box 127
Sebastian, Florida
Dear Mr. Franco:
32958
In the last few. days, you should have received the final reimbursement payment
for development of Riverview Park.: a Florida Recreation Development Assistance
Program grant #1~-41-10. .Your. receipt of this P~m~)lt i~r~inate~_..~the d~,velop-
, . . .., -. ..:.. . .~.-,....~..., ~.- :.. .:'~;ff~ ~.~:.:. :~;.
ment phase of the .'grant,,
In administeriQg the prOj~G,~.~Qce~.~ p)e~se r. emember ~h.e following major g~.~n.,t
requirements: ' ':":~:,.::~: .. ~,
1. The area shall ~5e operated and maintained for usefby the ger).~ral
as an outdoor recreation area for at least ~twenty~five
2. The area shall be maintained in perpetuity as an outdoor recreatipI1
area for .the use and benefit of the general public.
The area shall be open for public use at reasonable times, maintained
in accordance, wi. th..applJ.cable he.al.~th standards and kqpt reasonably ................
safe for public use. Appropriate actions !hall be taken'to alleviate
potential hazardous situations (alligators, .'traffic congestion', storm
damage .etc.") a~-the 'site which might adversely effect th~ ,uBin9
publ i ~ ~ .... '...:.
4. Changes in ..project sponsors shall be approved by thiS Department. If
' any part of the project area or developed facilities are converted to
other than app?oved.recreational uses, the area or facilities shall be
replaced at your expense with an acceptable project of comparable or
.~: gr, eater scope .and .quality adjacent, .or .in near proximity, to the
t site. This Department must approve all such
phS to, the project site should be approved by
.'to implementation.
be the policy of the state to conserve and
natural resources and scenic beauty..."
ia Constitution, Article 11, Section 7.
The Real Florida
'Mr. Hector Franco
Novelnber 14, 1985
Page 2
10.
A permenant information sign or plaque of appropriate size and !ocatioF)
crediting the Florida Department of Natural Resources, Florida
Recreation Development Assistance Program as a funding source shall be
maintained on the project site.
Non-compliance with any portion of the grant agreement or the admini-
strative rules under which the grant was awarded may be cause for
this Department to terminate the project agreement and demand, a .return
of grant funds disbursed for development of the project', plus .i.nteres~?
Attendance reports 'for the project site shall be submitted to this
Department during the month of July of each year. Each report shall
provide the amount of attendance for a one-year period beginning .on
July 1 of the previous year and ending on June 30.
Should a user fee system be implemented for the project, it shall be
imposed uniformly upon all users without regard to age, sex, race,
other condition or the political subdivision in which the user may
reside. If requested, special allowances may be made by this Depart'
ment for certain classes or groups of users,
This Department reserves the right to inspect the project site at a)ly
time. '
These are. the major conditions governing the grant award. For more detailed
information, please review the project agreement.
It has been a pleasure working with you, Carol Carswell and Earl Masteller
toward the accomplishment of this worthwhile recreation project. If we can be
of assistance in the future, please do not hesitate to contact us. .
Si ncerel y,
Collier Clark
P1 anner
Office of Recreation Services
Division of I~ecreation and Parks
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