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Home My WebLink About05102000SEBASTIAN FLORIDA REGULAR CITY COUNCIL MEETING AGENDA PACKET WEDNESDAY MAY 10, 2000 7':00 PM (407) 589-5330 CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958-8697 DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 10, 2000 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Chaplain Frank Camillo - Police Chaplain and First Baptist Church of Barefoot Bay ROLL CALL' City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill ~taff Present; City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Public Works Director, Terry Hill Finance Director, Mark Mason Police Chief, Randy White Deputy City Clerk, Sally Maio Regular City Council Meeting May 10, 2000 Page Two DRAFT AGI~.NDA MODIFICATIONS (ADp. ITIONS AND/ Items not on the written agenda may be added only, Mayor Barnes requested that a proclamation fo~ Proclamation/Presentations; and the City Manal beginning of New Business. City Council concu ,OR DEJECTIONS) ~pon a majority vote of City Council members (R.99.21) ~ civility month be added to the agenda as item D under er asked that New BuSiness item E be moved to the rred with both requests. 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 00.113 A. Preseptation by. Lions Club - Donation to City of Sebastian for 75th Anniversary Celebration Joann Osmundsen presented a check in the amount of $1000 for the 75th Anniversary celebration, 00.114 B. proclamation - National Police Week - Accepted_[~v Officer Mike 00.115 new Mayor Barnes read and presented the proclamation to Officer Mike Walsh. Proclamation - Honoring Suders Participating in 2000 Regional Competition - Accepted b~ Brenda Russell. Central Florida Distri~dministrat0r Mayor Barnes read the proclamation, hbwevor, Ms. Ru~oll was not in attendance. D. Proclamatio~ - Civility Month , Barnes read and presented the proclamation to Vero Beach City Attorney Julie Shutta. Mayor CITY A'I"~ORNEY MATTEl. RS ~ Said he will bring the proposed park po icy to Council at the first regular meeting in June. 8. CITY MANAGER MATTERS 00.116 A. [he Sebastian City Loqo (_No Backup) Discussed the unveiling of the new city sign and distributed a new letterhead and business card logo to Council, The City Attorney reported that sign designer and artist Curt Oxford turned over rights to the image to the City. 10. CITY CLERK MATTERS ~ Thanked the City Attorney for the suggestion of the crane sign on Barber Street. ~[TY COUNCIL MATT[~RS Thanked City staff for the success of the sign unveiling. Announced the American Can~er Society relay for life at the Citrus Bowl this weekend. Reported on a call he had received regarding vegetation from an empty lot growing onto an improved lot, and the City Manager responded he would discuss the matter with the Building Director. Regular City Council Meeting May 10, 2000 Page Three DRAFT Mr~Majcher Reported on the Emergency Management Services meeting and the attempt to obtain a radio station for hurricane reporting Asked for status on Wentworth paving and Creative Playground repairs The City Manager said the paving is in the works, and the Creative Playground will be addressed in fiscal 2001 capital improvement program, however, if there are volunteers who wish to expedite repairs he'd be happy to meet with them. Mr. Bishop said he would provide the volunteer's name to the City Manager. Announced the Grand Harbor tennis classic benefit for the Humane Society C. Mayor Barnes Announced that Keep Indian River Beautiful Adopt-a-Street program applications are available in the City Clerks office. D. Vice Mayor Bishop None. E. Mr. Barczyk Expressed concern for the condition of the Riverview Park playground equipment, and the City Manager stated that this will also be addressed for fiscal year 2001, however, certain concerns can be address before that time. Reported that St. Johns River Water Management District figures show wells down approximately 18 to 28 feet and suggested an agenda item to consider imposing the emergency restriction. It was the consensus of Council to place the item on the next regular meeting agenda and the City Manager said he would ask a St. Johns representative to attend the meeting to make a presentation. It was noted that people are watering during the day and the Chief was asked to look into it. 11. CONSENT AGENDA All items on the consent agenda are considered routine end w~l be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Coundl so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 4/26/00 Regular Meeting 00.117 Peacock Request for Community Center ~ Wedding - 6/3/00 - Noon to 6 pm - NB - Age Verified - Security Paid - 60 Attendees (City Clerk Transmittal 5/3/00, R-00-21 Excerpt, Application) 00.1~8 Resolution No. R-00-26 - Vacation of Easement - Farless - Lots 22 & 23 Block 129, SH Unit 4 (Growth Management Director Transmittal 4/28/00, R-00-26, Application, Site Map, Staff Report, Utility Letters) a RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 22 AND 23, BLOCK 129, SEBASTIAN HIGHLANDS UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Regular City Council Meeting May 10, 2000 Page Four DRAFT 00.1f9 12. The City Manager read the consent agenda and the City Attorney read the title for Resolution No. R-00-26. MOTION by Hill/Barczyk '1 move to approve consent agenda items A, B and C." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 PUBLIC HEARJ,NG A. First Reading and First public Headng i;)n Ordinance No~ O-00-11 - Chang~ |[1 Permitted Use i~1 [ndusl~rial Zoning E)istri(;t - Second Rea~ina and Second Public Hearing Scl~duled for 5/24./_00 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-3.14 IN, INDUSTRIAL DISTRICT, OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public heariSg at 7:34 p.m. and the City Attorney read Ordinance No. O- 00-11 by title, i The City Attorney briefly described the amendment which is included in the proposed Land Development Code and has been reviewed by Council. Joseph Schulke, Schulke Enterprises, ~representing the Eagles, addressed Council on the proposed amendment. Mayor Barnes closed the hearing at 7:~t2 p.m. MOTION by BarczykJBishop "1 move that we approve the first reading and first public hearing on Ordinance O-00-11, change in permitted use in industrial zoning district and set second reading and second public hearing for 5/24 the year 2000." ROLL CALL: MOTION CARRIED 5-0 Mr. Bishop -aye Mr. Barczyk : - aye Mr. Majcher. - aye Mr. Hill -aye Mayor Barne~ -aye 4 Regular City Council Meeting May 10, 2000 Page Five DRAFT 13. INTROPUCTION OF NEW BUSINESS FROM THE PU_.J~I.IC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign- up required - limit of ten minutes for each speaker William Mahoney, Sebastian, objected to construction of the Yacht Club restrooms prior to the construction of the Hardee Park restrooms, and also suggested the restrooms should be at the Main Street ramp. Catherine Ackerman, Landsdown Drive, Sebastian, objected to the installation of showers at the Yacht Club. TAPE I - SIDE II (7:48 p.m.) Sal Neglia, Sebastian, objected to showers at the Yacht Club, Code Enforcement being under the Police Department, changing building height maximum to 35' in residential districts, and the proposed shrub requirement. Charles Stachel, Coral Reef Street, Sebastian, objected to the showers at the Yacht Club. Joe Graham, Indian River Drive, Sebastian, adjacent property owner to the Yacht Club, expressed concern for vagrants use of the shower facility. Ray Coniglio, Carnation Drive, Sebastian, thanked the Lions Club for their donation and noted the 75th Anniversary Committee will be on the May 24, 2000 agenda. 14. COMMITTEE REPORTS/RECOMMENDATIONS 00.067 A. Code En.fgrcement Board - Intery. j~, Unless Waived and ~ppoint Alterpa1~e Member with Term to Expire 4/200.,-3 (.City Clerk Transmittal 5/1/0.~, ~pplication. Member List.~:D MOTION by Hill/Majcher "1 move to appoint Joseph Momzowski to the alternate position on the Code Enforcement Board with term to expire 4/2003." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 00.120 B. Community Redevelopme.nl; Agency (CRA) - Set Meeting Schedule (City Manager Transmittpl s/l/00) The meeting was scheduled for May 24, 2000 at 6:30 p.m. by consensus. Regular City Council Meeting May 10, 2000 Page Six 00.105 C. DRAFT Tree Ad¥isory Board - Apl)rove ~/orl~ P~lan for 2000 (BuiJ.d[ng Dept. Transmittal 4/21/00, ProDo%d Work Plan. Tree Board Mimltes) Peter Taylor, Concha Drive, Sebastiani said that the Tree Board had received donations of cypress trees and water oaks, and suggested that the Tree Board be requested to use those trees to fill in areas along canals that have been cleared of brazilian pepper trees. Mr. Barczyk suggested a project to beautify the area adjacent to the Kroegel statue, and that the Tree Board work with the City Manager and Public Works Director on any projects they deem important. Mr. Taylor suggested using Boy Scouts/Girl Scouts and other organizations to plant the aforementioned trees. The City Manager said he would communicate Council's wishes to the Tree Board. 00.100 15. Mayor Barnes called recess at 8:18 p.m. and reconvened the meeting at 8:33 p.m. All members were present. DJ.ID BUSINESS Yacht_Club Restroom Initiative (Citv M~nager Transmittal, Revised Drawings) A. Burr Jones presented drawings based ~On direction at the April 26, 2000 meeting and City Council discussion followed. TAPE II - SIDE I (8:49 p.m.) 16. It was the consensus of Council that showers were not needed; and that the restrooms be attached to the Yacht Club building. The City Manager said with the direction he has received from Council he will return with cost figures and to seek further direction. NEW BUSlNES,~ I 00.124 ~Approv_e ~_ease Agreement Between OJth Aero Services, Inc. and City of Sebastiall~Citv Manaeer Transmittal 5/4/00. Lease A~reem~nt) The City Manager introduced Robert "Radar" Orth IV, Vice President of Orth Aero Services, inc., who addressed City Council on the proposed lease. He requested a start date of May 15, 2000. MOTION, ibY Bishop/Majcher I would move to authorize the~ City Manager to execute the Lease Agreement between Orth Aero Services, Inc. and the City of Sebastian." ROLL CALL: MOTION CARRIED 5-0 Mr. Hill Mayor Barne., Mr. Bishop Mr. Barczyk Mr, Majcher - aye ~ aye - aye - aye - aye Regular City Council Meeting May 10, 2000 Page Seven 00.042 A. First Reading of Ordinance. Ho. O-00-13 -Amending Fiscal Year 2000 Budget- Set Public Hea.rin. g For .~/~4/00 {'Finance Director Transmittal, O-00-13, 2nd Qtr Budget Review Memo and Income Statement byFund at C]3aracter Level. Project stat,~.%P~eport~ bv Fund. IoYestrr]ent Summary) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-13 by title. The Finance Director gave a brief presentation and responded to questions from Council. An error was noted in Exhibit A relative to Airport amended budget, whereby the difference is not reflected. MOTION by Hill/Majcher "1 would move to approve Ordinance O-00-13 and set a public hearing for May 24, 2000." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 00.121 B. Resokttiqn Not R-00-27 - Authorizing City Manager to Execute State of Florida Department of Transportation Joint Participation A(~reeme.nt for Superunicom (City Manager Transmittal., R-00- 27 w./Exhib~ FDOT Letter a RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE PURCHASE AND INSTALLATION OF 8UPERUNICOM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-00-27 by title. TAPE ii - SiDE II (9:35 p.m.) The City Manager noted the City's match was $8500 from the Airport Enterprise fund. MOTION by BarczyldMajcher "1 move to approve Resolution R-00-27, authorizing the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement for the purchase and installation of Superunicom at the Sebastian Municipal Airport." 7 Regular City Council Meeting May 10, 2000 Page Eight DRAFT ROLL CALL: Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnesi - aye - aye - aye - aye - aye MOTION CARRIED 5-0 00.122 I~esolution No. R-00-28 - Authorizi~qg City Mar~eger to Enter Into Highway Beautification Gra@t Agreement and Landscape Cor~trucfion and MainterJance Memorandun3 of Agreement Between city of Sebastian and FDOT (City Manager Transmittal 5/1/00, R-00-28~ oo. 123 a RESOLUTION OF THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO ENTER INTO A HI(3HWAY BEAUTIFICATION GRANT AGREEMENT AND LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-00-28 by title. The City Manager noted the first comn~unity awareness workshop on the U.S. 1 improvement program will be May 23, 2000. MOTION by Majcher/Hill "1 move to adopt Resolution R-00-28 authorizing the City Manager to enter into a Highway Beautification Grant Agreement and Landscape Construction and Maintenance Memorandum of Agreement." ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barne.~ Mr. Bishop - aye - aye - aye - aye - aye MOTION CARRIED 5-0 First Reading of Ordinance Nq~ O-00,~4 - Amendina Time for Mooring Boats to City Docks - Set public Hearing for 6/14/00 (pojice Chief_Transmittal 5/4/00, O-00-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 110-44, PERIOD OF MOORING TO MUNICIPAL DOCKS AND PIERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-14 by title only. It was noted that this would fall under t~e general penalty provision. It was the consensus of Council to ch~ nge to one hour in a 24 hour period, and delete paragraph b. Regular City Council Meeting May 10, 2000 Page Nine DRA 'T MOTION by BarczyldlBarnes ~1 move to approve Ordinance O-00-14 on first reading and set a public headng for 6/14 year 2000 as amended." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes ~ aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:55 p.m. Approved at the ,2000 Regular City Council Meeting. Walter Barnes Mayor Kathryn M. O'Halloran, MMC City Clerk ~T~ON I~$T THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 5/10/00 REGULAR MEETING All Follow-up Correspondence should be copied to the file and any tile to go in the vault should have its backup material put in chronological order City Manager, City Attorney, Purchasing and ell other department heads get a full set of draft minutes, and are responsible for copying whatever is pe~finent to their departments. We will continue to place copies of individual minutes pages in backup files. 00.113 00.114 00.115 00.116 00.117 00.118 Presentation byLions Club - Donation to City o}~ Sebastian for 751;h Anniversary Celebration - presented check for $11)00 copy minutes to 75th Anniversary file Proclamation - National Police Week - Accepted by C~ef Randy White - presented to Officer Mike Welsh copy to vault - CITY COUNCIL - 2000 Proclamations Proclamation - Honoring Surfers Participatiilg in 2000 Regional Competition - Accepted by Brenda Russell. Central Florida District Administrator - read - rep not present mail to recipient copy to vault - CITY COUNCIL - 2000 Proclamations The Sebastian City Logo - CM reported Oxford had signed over logo rights and distributed city letterhead and business card templates copy minutes to agreements file - file vault - AGREEMENTS - Miscellaneous Approval of Minutes - 4/26/_00 Regular Meeting ~ approved sign, seal - place in book with any designated attachments Peacock R. eque. st for Community Center - .Wedding - 6/3/00 - Noon to 6 pm - A/B - Age Vedfied - Secudty Paid - 60 Attendees - approved letter to Peacock file YC/CC notify PD and PW Resolution No. R-00-26 - Vacation of Easement - Farless - Lots 22 & 23 Block 129, SH Unit 4 - adopted sign, seal - copy to file, counter, GMD, GMM, PW, applicant record original res when returned blue back original, copy to GMD and file vault - 00 ORIG RES file backup in vault - VACATION OF EASEMENT - note its location w/sheet filed in RES BACKUP update \wp-res~r-00 as to adopted date 00.119 00.067 00.120 00.105 00.100 00.042 00.121 First Reading and First Public Hearing ~on Ordinance No. O-00-11 - Change in Permitted Use in_Industrial Zoning District - ~ecol~d Readirl.~ and Second Public Hearina Scheduled for 5/2~t/0[~ - approved on 1st reading - ph set for 5/24/00 advertise on 5/17/00 display for 5/24/00 ph - done file pending for 5/24/00 Code Enforc~eme~t Board - Interview. Ll~less Waived and_Appoint Alternate Membe. r wffh Tern~ to Expire 4/2qq3 - Morozowski appointed alternate to 4/2003 copy minutes to file letter to Morozowski update board handbook - distribute pages Community Redevelopment Agency ((~RA~ - Set Meeting SchecJg!~ - meetings scheduled for May 24, 2000 at 6:30 pm post notice on board copy minutes to file update monthly calendar file vault - BOARDS/COMMITTEES Tree Advisory Board - App~'ove Work Plan for 200.~ - approved copy minutes to file i file vault - BOARDS/COMMITTEES - Tree Advisory Board Yacht Club Restroom Initiative - staff c irected to come back w/cost estimates - consensus for facility attached to Yacht Club and no showers copy minutes to file file pending credenza First Re{~ding of OrcJ[nance No, O-00-' 3 - Amendirlg Fi.~cal Year 2000 Budget - Set Public Hearing for 5/24/0[! - approved on first reading - ph set for 5/24/00 advertise 5/12/00 legal notices for 5/24/00 ph - DONE by Sam file pending credenza for 5/24/00 ~esolution No.~R-00-27 -A~thorizing City Manager to Execute ~tate of Floride~epartment g.[Transportation Joint Participation A~,reement for Superunicom - adopted sign, seal- copy to file, counter, PW, F copy minutes to file give Jean certified copy of res - she wil one for filing when returned create new folder for agreement - file Transportation add to \wp-files\agreemen.wpd - Interl~ blue back original res - file vault - 00 C all other backup goes in agreements copy all backup to Linda for airport file~s update \Wl>-res\r-00 as to adopted date inance administer execution of agreements and give us kGREEMENTS - Interlocal - State of FL - Dept. Of ~cal - State of Florida - DOT RIG RES )lder 00.122 00.123 00.124 Resolution No, R-00-28 - Author~ing City Manager to Eqter Into Highway Be~lutification Grant A.greer~ent and LaadscaD~ Construction and Maintenance Memorandum.gf Agreement Between City of Sebastian and FDOT - adopted sign, seal ~ copy to file, counter, PW, Finance copy minutes to file give Jean certified copy of res - she will administer execution of agreement and give us one for filing when returned create new folder for agreement - file AGREEMENTS - Interlocal - State of FL - Dept. Of Transportation add to \wp-files~agreemen.wpd - Interlocal - State of Flodda - DOT blue back original res - file vault - 00 ORiG RES all other backup goes in agreements folder update \wp-res~r-00 as to adopted date First Reading of Ord. ir)ance No. O-00-14 - Amending Time for Mooring Boats to City_Doc. kg - Set Public Hearing for 6/14/00 - approved on 1st reading as amended to change 3 to 1 hour and delete paragraph b amend ordinance (done) advertise in 5/31/00 legals for 6/14/00 ph file pending credenza for 1st regular meeting Approv~ Lease Aj;lree~f~pl; Between Orth Aero Services. Inc. and City of Sebastian - approved w/start date of 5/15100 copy minutes to file Jean will administer execution of lease agreement and provide originals to lessee and clerks office place copy in bookcase near Jo's desk and update list in front of book (~wp-min~airlease.wpd) file backup in vault - AIRPORT - Orth Aero Services, Inc. when original returned file in backup folder add to \wp-files~agreemen.cur index termination date 3 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 10, 2000 -7:00 P.M. CITY COUNCIL CHAMBERS 122,5 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. INVOCATION - Chaplain Frank Camillo - Police Chaplain and First Baptist Church of Barefoot Bay ROLL CALL City Cpuncil Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Pr~nt: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Finance Director, Mark Mason Public Works Director, Terry Hill Police Chief, Randy White Deputy City Clerk, Sally Maio Regular City Council Meeting May 10, 2000 Page Two AGENDAM01;)IFICATIONS (ADDITIONS AND/OR DELETION,~ Items not on the wd~en agenda may be added only upon a majority vote of City Council members (R-99-21) 00.113 PROCLAMATIONS. ANNOUNCE. ME~NTS AND/OR PRESENTATIONS / A. Presentation by Lions Club_-.[;)0[~atiot] tQ City of Sebastian for 75th Anniversary Celebr~tig[! oo. 114 Proclamation - Nationa/P_oli(~e Week - Accepted by Officer Mike Walsh / oo. 115 5 Co Pm(~Jamafl~qjz~_Honoring Surfers Participati[~g Jl3_2000 Regional Competition - Accepted by Br~ussell."Central_ Florid~ D,~t[i~Administrat°rDi 'i~' ~'{'~'L~I L'T~' ~-~'&-~' "-~-~-"-Z~)z~ '~ ~ (~!TY ATTORNEY MATTERS O0.116 CITY MANAGER MATFERS A. The Sebasti~lrL~_il;y I. ogo (No Backup) 3 10. CITY COUNCIL MA'['~ER~ ^. ~r.,,,, ~~.~ ~ Vice Mayor Bishop 4 00.117 00.~18 11. CONSENT AGENDA All items on the consent agenda are considered tau#ne and w~l be enacted by one moron. There will be no separate discussion of consent agenda items unless a member of City CouncJI $o requests; in which event, the item wi8 be removed and acted upon separately. A. Approval of Minutes - 4/'26/00 Regular Meeting Peacock Request for Community Center - Wedding - 6/3/00 - Noon to 6 pm - A/B - Age Verified - Security Paid - 60 Attendees (City Clerk Transmittal 5/3/00, R-00-21 Excerpt, Application) Resolution No. R-00-26 - Vacation of Easement ~ Farless - Lots 22 & 23 Block 129, SH Unit 4 (Growth Management Director Transmittal 4/28/00, R-00-26, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 22 AND 23, BLOCK 129, SEBASTIAN HIGHLANDS UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Manager read the consent agenda and the City Attorney read the title for Resolution No. R-00-26, MOTION by I move to approve items ^, B and C of the consent agenda. 00.119 12. PUBLIC HEARING Procedures for pub~c, hearings: (R-99-21) · Mayor Opens Hearing · Attorney Reeds Or~'nance or Resolution · Staff Presentation · Pubic Input. Limit of Ten Minutes Per Speaker ° Staff Summa#on · Mayor Closes Hearing · Counc8 Action Anyone P, fishing to Speak is Asked to Sign Up before the MeeUng, When Called go to the Po~fum and State His or Her Name forthe Record First Re.adi~l ~l~l. First Public Hearing 0~ OrdinanCe No. 0-00-11 - Change in Permitted Use Ln_ Industrial Zoning Distdct - Second Reading and Second Public Hearing Scheduled for 5/24/00 AN ORDINANCE OF THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-3.14 iN, INDUSTRIAL DISTRICT, OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at and the City Attorney read Ordinance No. O-00-11 by title. MOTION by I move to approve Ordinance O-00-11 on first reading and set a second reading and public hearing for 5/24/00. ~~v-* ~ 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC: Item that has occurred or wes discovered within the previous six months which is not otherwise on the agenda ~ sign- up required - limit of ten minutes for each speaker 7 00.067 14. COMMITTEE REPORTS/RECOMMENDATIONS A. Co(Jo Enforcement Board - Interview. Unless Waivec~ and Appoint Alternate Member with Term tq Expire 4/2003 (City Clerk Transmittal 5/1/Q{)~ Application. Member List. Ad) MOTION by I move to appoint Joseph Morozowski to the alternate member position term to expire 4/2003. 0o, 120 CoBl~nity Redevelopment Agency (CRA) - ,~{~t,Meeting Schedule (City Manager Transmittal Tree Advisory Board - Approve Work Plan for 2000 {Building Dept. Transmittal 4/21/00. Proposed Work Plan, Tree Board Minutes.) 15. OOAO0 OLD BUSINESS A. Yacht Club RestroQm[oitia~w (City Magager Transmittal, Revised Drawings) 00.042 16. [ A. UF~Im~~~~I ~igg of Ordinance No. O-00-13- Amendincj Fiscal Year 2000 ~t~d. get-Set Public Hearir)g ~=o.t' ~4/00 (Finance Director Transmittal. O-00-13.2nd QtrJ~u~]get Review Memo and Income Statemen_t~y Fund at Character Level, Project Status Reports by Fund. IQ.Vestment Summary) AN ORDINANCE OF THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-13 by title. MOTION by I make a motion to approve Ordinance O-00-13 on first reading and set public hearing for May 24, 2000. I0 00.121 Resolution No. R-00-;~7 - Autho.rjzjrtg (~itY Manager to Execute State of Florida Del:)~.rtment of Transportation Joint_ParticiDa..tie, Agreement for Superunicom (City Manager TraBsmittal. R-0~- 27 w/Exhibit. FDq)T Letter a RESOLUTION OF THE CiTY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE PURCHASE AND INSTALLATION OF SUPERUNICOM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-00-27 by title. MOTION by I move to approve Resolution R-00-27, authorizing the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement for the purchase and installation of Superunicom at the Sebastian Municipal Airport. ]! 00.122 Resolution No. R-00-28 - Authorizing City Manager to Enter Into Highw.~eautification Grant Agreement and Landscape Constructiol~ and M.,3iDterlance Memorandum of Agreement Between City of $~ba~ti~lrl ~nd FDOT (City Manager Transmittal 5/1/00. R-00-2{[) A RESOLUTION OF THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO ENTER INTO A HIGHWAY BEAUTIFICATION GRANT AGREEMENT AND LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-00-28 by title. MOTION by I move to adopt Resolution R-00-28 authorizing the City Manager to enter into a Highway Beautification Grant Agreement and Landscape Construction and Maintenance Memorandum of Agreement. 00.123 First Reading of Ordinance No. O-00-14 -Amending. Tj~e for Mooring Boats to City Docks - Set Public Hearing for 6/14/00 (Police Chief Tr~smitt~! ,5/4/OO. O-00-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 110-44, PERIOD OF MOORING TO MUNICIPAL DOCKS AND PIERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-14 by title only. MOTION by I move to approve Ordinance O-00-14 on first reading and set a public hearing for 6/14/2000. ]3 00.124 Approve Lease Agreement Between O_rt_ll ~e[~) Services. Inc. and City of Sebastian (City Manager Transmittal 5/4/00. Lease Agreement) MOTION by I move to authorize the City Manager to execute the Lease Agreement between Orth Aero Services, Inc. and the City of Sebastian. 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) ]4 CITY COUNCIL MEETING DATE: ITEM NO. MOTION ~'~ ROLL CALL 1 Mayor Barnes Mr. Bishop ./ Mr. Barczyk "'/ Mr. Majcher ~ Mr. Hill / 7/ ITEM NO. 7 ROLL CALL 2 Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes SECOND SECOND ITEM NO..~"~'~' ROLL CALL 3 Mr. Barczyk Mr. Majcher Mr. Hill ,./ Mayor Barnes Mr. Bishop MOTION ., SECOND ITEM NO. ROLL CALL 4 Mr. Majcher Mr. Hill , Mayor Barnes ~ ~,~ Mr. Bishop ITEM ~,,~ ...... ~OI.,L CALL 5 Mr. Hill / Mayor Barnes /"~' Mr. Bishop / .... Mr. Barczyk /,~ Mr. Majcher MOTION SECOND MOTION CiTY COUNCIL MEETING DATE: ITEM NO. ~) ~c~ MOTION ROLL CALL 1 Mayor Barnes Mr. Bishop ~ Mr. Barczyk v Mr. Majch~.~/' Mr. Hill ~/ SECOND ITEM NO. ROLL CALL 2 Mr. Bishop ~ Mr. Barczyk ~ Mr. Majcher Mr. Hill V Mayor Barnes ITEM NO. BOLL CALL 3 Mr. Barczyk ~'~ Mr. Majcher Mr. Hill ,,/ Mayor Barnes Mr. Bishop ITEM NO. ROLL CALL 4 Mr. Majcher~, Mr. Hill ~' Mayor Barnes ,,~ Mr. Bishop ~'/j Mr. Barczyk ~ MOTION /~- o ~.- ~'7 s co.. ~bo7~ MOTION /~~ SECOND SECOND ITEM NO. ROLL CALL 5 MOTION SECOND Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher ACTION LIST THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 5/10/00 REGULAR MEETING All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material put in chronological order City Manager, City Attorney, Purchasing and all other department heads get a full set of draft minutes, and are responsible for copying whatever is pertinent to their departments. We will continue to place copies of individual minutes pages in backup files. 00.113 Ere~enta~tion by Ijons Club - Donation to City of Sebastian for 75th Anniversary Celebration - presented copy minutes to 75th Anniversary tile 00.114 ProclamatioJn_- National P~)J[~e Week - Accepted by Chief Raq.dy ~.hite - presented to Officer Mike Walsh copy to vault - CITY COUNCIL - 2000 Proclamations 00.115 Proclamation - Honoring Surfers Participating in 2000 Regional Competition -Accepted by I~renda Russell. Central Florida District Administrator - presented to copy to vault - CITY COUNCIL - 2000 Proclamations 00.116 The ,~b~.~l~r~ City LQgO 00.117 00.118 Approv~o[ ~illlJte~ - 4/~6/0~ Reg~l[~r Meeting - approved sign, seal - place in book with any designated attachments Pea~:9~k~e(;lUe~t~or Community Center - Wedding - 6/3/00 - Noon to 6 pm - A/B - Age Verified - Security Paid - 60 Attendees - approved letter to Peacock file YC/CC notify PD and PW R~so|utjgll NO, R-00-26 - Vacation of Easement - Farless - Lots 22 & 23 Block 129, SH Un~4 - adopted sign, seal - copy to file, counter, GMD, GMM, PW, applicant record original res when returned blue back original, copy to GMD and file vault - 00 ORIG RES file backup in vault - VACATION OF EASEMENT - note its location w/sheet filed in RES BACKUP update \wp-res~r-00 as to adopted date 00.119 00.067 00.120 00.105 00.100 00.042 00.121 First Reading and First Public Hearing on Ordinance No. O-00-_1~ - Change in Permitted Use in Industrial Zoning District - Second Reading and S.~._cg.n.d public Hearing Scheduled for 5/24/00 - approved on 1st reading - ph set for 5/24100 advertise on 5/17/00 display for 5/24/00 ph - done file pending for 5/24/00 Code Enforcement Board - Interview. Unless Waive~ e13{;I Appoint Alternate Member with Term to Expire 4/200:3 - Morozowski appointed alternate to 4/2003 copy minutes to file letter to Morozowski update board handbook - distribute pages Community Redevelopm~j3t ~lency (CRA) - Set Meeting Schedule - meetings scheduled for .................. copy minutes to file update monthly calendar file vault - BOARDS/COMMITTEES Tree Advisory Board - Approve Work Plan f{)[.2QQ0 - approved copy minutes to file file vault - BOARDS/COMMITTEES - Tree Advisory Board ~'acht (~J~b Restroom Initiative - staff directed to ............. copy minutes to file file CITY PROPERTY First Reading of Ordinance No. O-00-13 - Amensli~lg Fiscal Year 2000 Budget - Set Public Hearing for 5/24J00 - approved on first reading - ph set for 5124/00 advertise 5/12/00 legal notices for 5/24/00 ph - DONE by Sam file pending credenza for 5/24/00 Resolution No. R-0Q-~'[ - Authorizing City Manager to Execute State ~f Florida Depa.[t.rD~rtt of Tral~sportation Joint Participation Agreement ~or SUp. el*unicom - adopted sign, seal - copy to file, counter, PW, Finance copy minutes to file give Jean certified copy of res - she will administer execution of agreements and give us one for filing when returned create new folder for agreement - file AGREEMENTS - Interlocal - State of FL - Dept. Of Transportation add to \wp-files\agreemen.wpd - interlocal - State of Florida - DOT blue back original res - file vault - 00 ORIG RES all other backup goes in agreements folder copy all backup to Linda for airport files update \wp-reset-00 as to adopted date 00,122 00,123 00.124 ~esoJution No, R-00-28 - Authorizing City Manager to Enter Into Highway Beautification Gr~nt Agr..e~m.ent~l. [,~.adscape ¢onstru~;Jion and Maintenan~eMemom~ ol~ Agreement Between City of Sebastian and FDOT - adopted sign, seal - copy to file, counter, PW, Finance copy minutes to file give Jean certified copy of res - she will administer execution of agreement and give us one for filing when returned create new folder for agreement - file AGREEMENTS - Interlocal - State of FL - Dept. Of Transportation add to \wp-ffies\agreemen.wpd - Interlocal - State of Florida - DOT blue back original res - file vault - 00 ORIG RES all other backup goes in agreements folder update \wp-res~r-00 as to adopted date EJr~.t I~e~d. itlg ~)~ QrdJil~l~e .No, Q-00-14 - Amf~rtding TirP_9 for Moqri. pg B{)~ts to City Docks - Set Public Hearing for 6/14/00 - approved on 1st reading advertise in 5/31/00 legals for 6/14/00 ph file pending credenza for 1st regular meeting Approve Lease Agreement Betweeo Q.rth Ae[g ~;e~ce% !13~:~ and City of ~;ebesti~n - approved copy minutes to file Jean will administer execution of lease agreement and provide originals to lessee and clerks office place copy in bookcase near Jo's desk and update list in front of book (\wp-min\airlease.wpd) file backup in vault - AIRPORT - Orth Aero Services, Inc. when original returned file in backup folder add to \wp-files\agreemen.cur index termination date I SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 10, 2000 - 7:00 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 Individuals will address the City Council with respect to agenda.items immediately before delibera~on of the item by the City Council - limit of ten minutes per speaker (R-99-2 f) 2. 3. 4. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATiON - Chaplain Frank Camillo. Police Chaplain .and. First Baptist Church of Barefoot Bay ~tOLL CAJ, L I I I I I 00.113 00.114 1 00.115 2 00.116 AGENpA MOpJFICAT. IONS fADD~IONS AND/OR D~LETiON8.) Items not on the written agenda may be added only upon · majority vote of City Council members (R.99-21) PROC~.J~,MATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Presentation by Lions Club - Donation to City of Sebastian for 75th Anniversary Celebration B. Proclamation - National Police Week * Accepted by Chief Randy White C. Proclamation - Honoring Surfers Participating in 2000 Regional Competition -Accepted by Brenda Russell, Central Florida District Administrator CITY A'I-rORNEY MA'r'rERS CITY MANAGER ~/IATTERS A. The Sebastian City Logo (No Backup) CITY CLERK ~ATrERS 5-27 00.117 29-:32 00.118 33-49 00.119 51-62 00.067 63-70 00.120 71 00.105 73-75 10. 11. 12. 13. 14. GiTY CQ[JNClL MA'I'rI~RS A. Mr. Hill B. Mr. Majcher C. Mayor Barnes D. Vice Mayor Bishop E. Mr. Barczyk _C:QNSENT AGE,PA pJ Items on .the consent agenda are considered reutine ~nd w~l be enacted by one motion. There ~ be ne.separate discussion of consent agenda items unless a member of Cib/ Coundl so request' in which event, the Item w~l be removed end acted upon sspe~Y' A. Approval of Minutes - 4/26/00 Regular Meeting Peacock Request for Community Center - Wedding - 6/3/00 - Noon to 6 pm - A/B - Age Vedfied - Secudty Paid - 60 Attendees (City Clerk Transmittal 5/3/00, R.00-21 Excerpt, Application) Resolution No. R-00,26 -Vacation of Easement- Farless - Lots 22 & 23 Block 129, SH Unit 4 (Growth Management Director Transm ~al 4/28/00, R-00-26, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE .CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 22 AND 2~3, BLOCK 129, SEBASTIAN HIGHLANDS UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR. RECORDING; PROVIDING FOR EFFECTIVE DATE. PUBLIC HEARING Precedurss for pub~ hearings: (R.99-21) · · .Mayor Opens Hearing · Attorney Reads Ordinance or Rssolu~on · Staff Presentation · Pubic Input - Unlit of Ten Minutes Per Speaker · Staff Summa#on · Mayor Closes Hearing · Coun~l Action ' Anyone Wishing to $paek Is Asked to Sign Up before the. M~atlng, When CeJ'e~f go to the Podium and State HIs or Her Name for the Record A. [irst Reading land First Public Heating ~n Ordinance Not O-00-11 - Chanqe in Permitte~Use in industrLai Zoning District_- Second Rea(ling and Second Public Hearing scheduled~fo'r 5/24/00 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A~.14 IN, .INDUSTRIAL DISTRICT, OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BUSINESS FROM THE PUBLIC INTRODUCTION OF' NEW Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign- up required -limit of ten minutes for each speaker COMMFn'EE REPO RTSlR_~CO_M MENDATI_ON~ A. Code Enforcement Board - Inter~iow, ~nle~ I/Valved and Appoint Alternate ~ember wth Term to Expire 4/2005'(¢it7 Clerk Transmittall$/1/00, Application, Member List, Ad) B. Commun~ Redevelopment Ag~n~ (C~ - Set Mootin~ Sohedule (Cit7 Manager Transmittal 5/1/00) C. Tree Advisory Board - Approve'Work Plan for 2000 (Building Dept. Transmittal 4/21/00, Proposed Work Plan, Tree Board Minut.~s) 2 s, O .D 00. 77-84 16. A. Yacht Club Restroom Initiative (City Manager Transmittal, Revised Drawings) NEW BUSlN.ESS 00.042 A. 85-119 First Reading of Ordinance No. O-00-13- Amending Fiscal Year ;ZOO0 Bud. get-Set Public Headng for 5/24/00 (Finance Director Transmittal, O-00-13.2nd Qtr Budget Review Memo apd Income Statement by Fund at Character [,.oval. Project Status Rei3orts by Fund. Investment Summary) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT %"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 00.12f B. 121-140 Resolutiop No, R-0_0-~7 - Authorizing City Manager to Execute Stpte of Florida_Department o.f Transportafign Joint_ParticipatiorLAgreement for SuDeruoicom ¢Cil;y Manager Transmk'tal, R-00- 27 w/Exhibit. FDOT Leff~r A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CiTY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE PURCHASE AND INSTALLATION OF SUPERUNICOM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 00.122 C. 141-143 .Resq[g~on No. R-DD-28 - Authorizing City Manager-to Enter ~rl.to Highway Bea_utificafi_on Grant ~A~gre~ment and Landscape Construction and M~li~tenance Me~norandum of A~reement Between_ City of Sebastian and FDOT (City Manager Transmltt~.l 5/1/00. R,00~8.). A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO ENTER INTO A HIGHWAY BEAUTIFICATION GRANT AGREEMENT AND LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT 'WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 00. f23 'D. 145-147 First Reading~f Ordinance No, O-00-14 - Amending Time for MoodngBoats to City Docks. Set P~blic Heelina for 6114/00 (Police Chie~ '[mnsmlttal 5/4/00. O-00-14.) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTYi FLORIDA, AMENDING SECTION 110-44, PERIOD OF .MOORING TO MUNICIPAL DOCKS AND PIERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERARILITY; PROVIDING FOR AN EFFECTIVE DATE. 0~124 E. 149-168 Approve Lease Agreement Between Orth Aero Services, Inc. and City of Sebastian (City Manager Transmittal 5/4/00, Lease Agreement) 17. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up. to one haff hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) 148LL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 IN COMPLIANCE WITH THE AMERICANS 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. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Uocomil!g Meetincts: · Regular Meeting. Wednesday, 5/24/2000 - 7 pm · Regular Meeting - Wednesday, 6/1422000 - 7 pm · Regular Meeting - Wednesday, 6/28/2000 - 7 pm i . i I i NATIONAL POLICE WEEK May 14 - May 20,1 2000 WHEREAS, the annual obserVance of National Police Week" is May 14 i and the of the United States of has through May 20, 2OOO con~es.~ designated MaY 15th of each year to be "Peac~ Officer's Memorial Day"; and i WHEREAS, the law enforcement officers are our guardians o,f life and property, defenders of the individual right to he free ·peoPle, warrior~ m the War against crime and dedicated to the preserVation of lif~, liberty and the pursuit of happiness; and · I WHEREAS, the City of Sebastian desires to honor the valor, service and dedication of its oWn police officers; and I WHEREAS, it is known that on average every two and a half·days a police officer is killed in the line of duty ,~omewhere hi the united States and every year hundreds more are assaulted in ~e perfoi~aance of their duties. Our community I joins With other cities and towns to hOnor all peace.offiCers evel3ywhere; and NOW THEREFORE, i,'Walter' W. Barnes, by the authority vested in me I as Mayor of the City ofSebastian~ Fl0rideh do hereby proclaim M~t.y 14 through May 20, 2000 to he National Police Week and call upon ~ll oUr citiZens to honor and show sincere appreciation for Lhe Police officers of tlils city by deed, remark and attitude, i further call upon all our citizens to make every effort to express i their thanks to our men Women are willing to Who Sacrifice their lives if necessary, to guard oUr loved oneS, oiir property and government against all who would Violate the law. I IN WITNESS WHEREOF, I have hereunto Set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 10th day of May, 2000~ Walter W. Bames~ Mayor · i ATTEST: HONORING THE SURFERS PARTICIPATING IN THE 2000 REGIONAL COMPETITION WHEREAS, On May 27, 28, 29, 2000 over 350 of the top surfers from throughout the Southeastern United States will bc competing at Sebastian Inlet; and WHEREAS, surfers from 10 years old to 60 years old will be competing in men's, women's, children's and adult's divisions on short boards, long boards and body boards; and WHEREAS, Sebastian will have several of its 'surfers competing in this Regional Surfing Championship; and WHEREAS, the winners of this competition will be representing the City of Sebastian, Indian River County and Brevard County at the championships in Hawaii; and WHEREAS, the City wants to honor the suffers from this area and acknowledge their participation in this event. NOW THEREFORE, I, Walter A. Bame~, by virtue of the authoriW vested in me as Mayor of the City of Sebastian, Florida, do hereby welcome the surfers and on behalf of the citizens of Sebastian, wish them and all of the suffers from throughout the southeastern United States, the best of luck in this incredible contest of skill and determination. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian, Indian River County, Florida to be affixed this 10th day of May, 2000. Attest: ? · Kath~ M O'~allar~, ~i~ Clerk Walter A. Barnes, Mayor SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 26, 2000 - ?:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Dr. Ronald Thomas, Sebastian United Methodist Church. ROLL, CAI.I. City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Finance Director, Mark Mason Deputy Chief, David Puscher Lieutenant, Chanse Reardin Assistant Public Works Director, Jerry Converse Engineer Assistant, Butt Jones Deputy City Clerk, Sally Maio Regular City Council April 26, 2000 Page Two 5. AGENDA MODIFICA. T. IO!~I$ (ADDITIONS AND/OR DELETIONS) None. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS 00.099 00.111 A. Proclamation - Municipal C1.~1;~8 Week - 4~q/oo - 5/6_/Q0 - City Clerk. Kathryn O'Halloran Accepting Mayor Barnes read and presented the proclamation to City Clerk, Kathryn O'Halloran. At this time, the City Manager requested addition of a presentation by Donna Starck and Garden Club Park members regarding safety of sandhill cranes at Garden Club Park on Barber Street. City Council concurred. Al. .Donna Starck- Sandhill Cranes Donna Starck requested placement ora rope/fence and cauUon signs on Barber Street to protect a family of sandhill cranes living in Garden Club Park. The City Manager said if directed by Council he can determine costs and direct Public Works accordingly. City Council concurred. B. Presentation - Yacb. t Cl~Lb Restrooms Bert Jones presented a proposal for Yacht Club restroom and shower facilities (see attached) Discussion took place on option one with enclosed showers. Mayor Barnes requested that this item be brought back to the next regular meeting to allow time for review of options. The City Manager requested that the City Clerks office place this item on the May 10, 2000 Regular City Council meeting agenda. It was the consensus of Council that it preferred the facility at the Yacht Club site. Charles Stachel, Coral Reef Street, Sebastian, addressed Council on use of the Yacht Club parking lot. ClT~ ATTORNEY MATTERS The City Attorney requested addition of Resolution No. R-00-25 to the agenda. It had been distributed to Council pdor to the meeting (see attached) MOTION by Hill/Majcher "I move to add Resolution R-00-25 to item i under New Business." ROLL CALL: MOTION CARRIED 5-0 Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye 2 Regular City Council April 26, 2000 Page Three The City Attorney reported on a 10-9 denial by Treasure Coast Regional Planning Council to the C.N.K. Inc. proposed comprehensive land use plan amendment to industrial; and stated that it is still in the hands of the Department of Community Affairs; and reported on the status of the Robert Taylor case, requesting authorization from Council to file a temporary injunction pending a final trial and permanent injunction to shut him down. MOTION by Majcher/Barczyk '1 make a motion that we accept the attorney's recommendation that we go to court with the Taylor incident." ROLL CALL: Mr, Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 The City Attorney explained consent agenda item 3 whereby the only change is that Mrs. Hyatt's name will be added to the agreement; and announced that today is his eighteen month anniversary. 8. CITY MANAGER MATTERS Said the City is moving forward to establish the industrial land use in the aforementioned site, noting staff is working with appropriate parties. Clarified that Yacht Club parking restructuring was an administrative action that did not require Council approval and that staff will be proposing a comprehensive plan for indian River Ddve. TAPE I- SIDE II (7:45 p.m.) Reported he had directed Purchasing to put out a Request for Proposal on the City Hall roof. Reported that Curt Oxford will sign over rights to the new welcome sign design to the City, which will provide for future use for other purposes. 9. CITY CLERK MATTERS Reported that 75th Anniversary t-shirts are on sale in the City Clerks office. 10. CITY COUNCIL MATTERS Mr. Barczyk · Expressed concern regarding a letter to the editor regarding a complaint about the Friendly Tennis Club's control of the tennis courts and asked the effect if the tennis clinic is set up. The City Manager responded that the club had been advised this is a public facility and that if the clinic is established it will be a matter of scheduling. · Asked If Council should tell Mr. Barr whether or not the City is interested in purchasing property across the street from City Hall. The City Manager recommended Council not pursue purchasing the property. 3 Regular City Council April 26, 2000 Page Four 00.101 MOTION by Barczyk/Majcher "I'd like to make a motion that we shelf this request for the property across the street from City Hall." ROLL CALL: MOTION CARRIED 5-0 Mr. Barczyk -aye Mr.M~cher -aye Mr. Hill -aye Mayor Barnes -aye Mr. Bishop -aye Mr. Hill Announced the American Cancer Society Relay for Life on May 19 and 20, 2000 at Vero Beach High School's Citrus Bowl Inquired about the Fleming Street bridge improvements, and the City Manager gave a status report, noting the curvature of the guardrails is an FDOT requirement. Inquired if there are plans for lighting Barber Street Sports Complex basketball courts and the City Manager said an overall lighting plan will be addressed in the FY 2001 budget. Mr, M~cher · Inquired aboutlightingforthefourtennis courts andthe City Managersaid thiswillalso be addressed in the FY2001 budget. Mayor Barnes · Suggested considering a referendum on the City Hall renovation issue. · Suggested sending a letter to Brevard County Commission regarding need for boat ramps in southern Brevard County. There was no objection. Mr. & Mre. H. Wjlliamson_- approve Placement of Donated Bench in Riverfront (Williarnson Mayor Barnes said that Mre. Williamson would like the bench placed close to the statue. Discussion took place on the area becoming a memorial park and it was suggested that staff come back with a recommendation to impose certain stipulations for placement of memorial benches on public property. MOTION by Barnes/Hill "1 would move to approve Mre. Williamson's request and placement of the bench be in conjunction with city staff." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 4 Regular City Council April 26, 2000 Page Five Expressed concern that the Board of Adjustment has granted variances "which seem to fly in the face of city ordinances"; and asked for a consensus for staffto bring an appeal if they feel there is some violation of the rules. He asked the City Attorney to draft language to provide for City staff to appeal board decisions to City Council. The City Attorney suggested that he add language to the Land Development Code that staff can appeal to City Council and bdng it back to the next LDC workshop, Requested a status of the COPS grant for an additional officer and the City Manager said the thirty second police officer was hired last week under the grant program. E. Mr, Bishop None. 11. C O N S F..~N T _A GE[ ~ I~..A All items on the consent agenda are considered rou#ne and will be enacted bj/ one rnotion~ There w~l be no separate ~scusslon of consent agenda items unless a member of City Coun~ so requests; in which event, the item wSI be removed and acted upon separately. A. Approval of Minutes - 4/12/00 Regular Meeting, 4/19~00 Workshop 00.087 Resolution No. R-00-19 - Supporting Redistricting for County Commission and School Board (Transmittal 4/20/00, R-00-19) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADVOCATING REDISTRICTING FOR COUNTY COMMiSSiON AND SCHOOL BOARD TO REFLECT POPULATION INCREASES IN NORTH COUNTY AND PROVIDE MORE DIRECT REPRESENTATION TO SAME; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 00.102 Modify 1/14/97 Interlocal Agreement Between City, Indian River County and Nelson Hyatt for Constructing Improvements to Barber Street Between FEC RR and US 1 to Identify Nelson and Marie Hyatt as "Developers" (iRC Deputy County Attorney Collins Letter 4/11/2000, Modification, Original Agreement) 00.103 Approve Tentative Fiscal Year 2000-2001 Budget Calendar (Finance Director Transmittal 4/18/00, Tentative Budget Calendar) 00.104 Approve Sebastian River Art Club Use of Riverview Park for 2000/2001 Shows (City Clerk Transmittal 4/10/00, Russell Letter) The City Manager read the consent agenda and the City Attorney read Resolution No. R-00-19 by title. Mr. Hill removed item A. MOTION by Bishop/Barczyk "1 would move to approve consent agenda items B, C, D and E." Regular City Council April 26, 2000 Page Six ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Jte. m A - Minutes Mr. Hill (circle page 12) 'Status Report on City Hall Renovation" said he felt Council had given direction to lean toward option one, however, the City Manager stated ~the consensus was to go ahead with the necessary preliminary arrangements as far as procurement of grant dollars and things like that, that's all and I think its pretty clear, we did not commit to going ahead with plans for a city hall or anything like that." He further explained that in light of Mayor Barnes suggestion for a referendum, this is a decision still to be made by Council. MOTION by Hill/Bishop I move to approve item A of the consent agenda. ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 12. 00.088B pUBLIC HEARING Ordinance No. O-00-10_- Volunta~ Annexation - Boos D~velopment Group. Inc. - Publix - (Growth Managemen[pirector Transmittal 4/19/00,, O-00-10 W/Location Map~ Letter of Request. and Chapter 171.044 FS) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 5.94 ACRES, MORE OR LESS, LYING WITHIN 1000 FEET OF THE NORTHWEST CORNER OF THE INTERSECTION OF BARE, ER STREET AND U.S. HIGHWAY 1; PROVIDING FOR INITIAL LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 4/12/00, Advertised Legal 4/14/00 and 4/21/00, PH 4/26/00) Mayor Barnes opened the public hearing at 8:17 p.m. and the City Attorney read Ordinance No. O- 00-10 by title. Being no input, Mayor Barnes closed the public hearing at 8:18 p.m. Regular City Council April 26, 2000 Page Seven MOTION by Barczyk/Majcher "1 move that we hold a public hearing and second reading and move to adopt Ordinance O-00-10." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 00. I0~ 13. 14. INTRODUCTION OF NEW BUSINE~ FROM THJ~ PUBLIC item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign- up required - limit often minutes for each speaker Diane Domino, Treasure Circle, Sebastian, and Linda Hulbert, Bimini Circle, Sebastian, residents of Palm Lake Club, expressed concerns regarding access and signage for Palm Lake Club in light of the new Publix on US 1. Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:40 p.m. All members were present. COMMITTEE REPORTS/RECOMMENDATIONS Tree Advisory Board (City Clerk Transmittal 4/17/00, Applications, Member List, Ad) 1. Interview, Unless Waived and Appoint as Follows: a. One Regular Member Term to Expire 4/2002 b. One Regular Member Term to Expire 4/2002 c. One Alternate Member Unexpired Term to Expire 11/2000 City Council interviewed Charles Cardinale and Beverly Tergedglou-Belle, Ms. Albury was not present. MOTION by BarczylrJBishop "1 move that Charles Cardinale be reappointed to the Tree Advisory Board with a term to expire 4/2002." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 7 Regular City Council April 26, 2000 Page Eight MOTION by Majcher/Hill "I'd like to make a motion for a regular member position term to expire 4/2002 to appoint Beverly Belle." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - nay Mr. Bishop - nay Mr. Barczyk - nay MOTION FAILED 2-3 (Barnes, Bishop, Barczyk - nay) MOTION by Bishop/Barczyk "1 would make a motion to appoint Lynn Albury to a regular member position term to expire 4/2002." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 MOTION by Bishop/Barczyk I would entertain a motion to appoint Beverly Belle to the alternate position term to expire 11/2000." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 TAPE II - SIDE I (8:47 p.m.) 15. OLD BUSINESS - None 16. NEW BUSINESS 00.057A A. Appro_ve and Authorize City Manager to Execute the Continuina Services Ag[~e. Lme~t j~e~een the City of Se.bastian and LPA Groql;). Inc. for_~Jrport gOQsulfing Services (City Manager Transmittal 4~0/00, Proposed Agreement) The City Attorney advised City Council about a "rogue" attorney general opinion that states "you can~ have a continuing services agreement that has study activity and activity of a specified nature", and opinion he disagreed with since it overlooks the clear nature of the statute that is being interpreted. He recommended that Council ignore it. Regular City Council April 26, 2000 Page Nine 00.057B B. 00.106 C. The City Manager then presented the request for approval of the continuing services agreement and requested that Dr. Molson Mohammadi be allowed to address Council. Dr. Mohammadi gave a brief background on LPA Group, Inc. MOTION by Bishop/Barczyk "1 would move to approve and authorize the City Manager and City Clerk to execute the Continuing Services Agreement between the City of Sebastian and LPA Group, Inc. for the airport consulting sewices." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 ~kp~)rove and Authorize City Manager to Execute Work Agth_orJT. ation for the AirportMaster Plan Update Eurs~0U;o the Continuing Se~yices Agreement Between the City of Sebas~[~.n ~nd [.PA GroupL Inc. ~City Manager Transmittal 4/2q/00., proposed Work Authorization3 The City Manager distributed the Airport Master Plan Conceptual Approach (see attached) and Dave Dickerson, LPA Group, Inc. explained the proposal. Discussion followed on the scope of services, funding for the airport master plan, and future funding needs. MOTION by Hill/Bishop "1 move to approve and authorize the City Manager and City Clerk to execute a Work Order Authorization for the Airport Master Plan Update, pursuant to the Continuing Services Agreement between the City of Sebastian and the LPA Group, Inc." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Authorize City Manager to Execute Lease Agreement Between B &~ Investment~ d/blt Sebastian Aero Services and City of Sebastian (City ~anager Transmittal 4/18J0_0. ProDosec] Lease Agreement) The City Attorney briefly described the proposed lease. Regular City Council April 26, 2000 Page Ten 00.107 D. 00.~06 E. MOTION by Barczyk/Bishop fl'd move to authorize the City Manager to execute the Lease Agreement between B & S Investments d/b/a Sebastian Aero Services and the City of Sebastian." ROLL CALL: MOTION CARRIED 5-0 Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye /~uthori~ze City ManagerJto Implement the Flodda DCA Grant Project ~nd Appropriate $9.640 to Purchase Eleven.Laptop Computers Under State Bid ~250-040-99-1 for a Total of $21,208 (Police Dept, Transmittal 4/17/00. State Contract Specs and Equipment Listing) Lieutenant Reardin explained the program. MOTION by Barczyk/Hill "I'd move to authorize staff to implement the Florida DCA grant project and appropriate a total of $9,640 in funds as stipulated in this transmittal, to purchase eleven laptop computers, under State Bid, at a total of $21,208." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Award Uniform_Contract Bid..to UI3ifirs[ Corporafi0.r[ @[ Titusville in the Amount of $5.17 Per Employee Per~/eek 0=ublic Wor_l~s Transmittal 4/6/00~ Bid Tabulation) The Assistant Public Works Director addressed Council on the lack of service from Rentwear. MOTION by Bishop/Barczyk '1 would move to approve the award of the annual uniform contract to the highest responsible bidder Unifirst Corporation in the amount of $5.17 per employee per week and authorize the City Manager to execute the contract." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 ]0 Regular City Council April 26, 2000 Page Eleven oo.~o9 F. Resolution No. R-00-23 -.A~bgLri~ation for City Manager to Enter Into Four Five Year I, eCs~ ,/~;treer~ents with I~verside National Bank for MITA Ai-5050 Digital Copiers - Piagyback Marion Couf~ty Bid (Finance Director Transmittal 4/19/00. R-_00-23LCOl;)ier Comparison Summary, [=iggyback Contract, Muni~[palLease Contract with Riverside_) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO FOUR FIVE YEAR MUNICIPAL LEASE AGREEMENTS WITH RIVERSIDE NATIONAL BANK FOR THE PURPOSE OF LEASING MITA Ai-5050 DIGITAL COPIERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-00-23 by title, and the Finance Director responded to questions from Council. TAPE II- SIDE fl (9:35 p.m.) MOTION by Majcher/Barczyk "1 make a motion to move to approve Resolution R-00-23." ROLL CALL: MOTION CARRIED 5-0 Mr, Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye 00.034 Resolution No. R-00-24 - Authorization fo.r (~ity Manager to Apply for Small Matching G~e[tt for I-:listorical Preservation - Old Sebastian Elementary School/(~[~;y Hall (City Manager Transmittal ~/20/00.,.R-00~24) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A HISTORIC PRESERVATION SMALL MATCHING GRANT FROM THE FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-0024 by title and the City Manager briefly addressed Council. MOTION by Bishop/Majcher "1 move to adopt Resolution R-00-24 authorizing the City Manager to apply for a small matching grant from the Florida Department of State, Division of Historical Resources for historical preservation to the Old Sebastian Elementary School/City Hall." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes ~ aye Mr. Bishop ~ aye MOTION CARRIED 5-0 Regular City Council April 26, 2000 Page Twelve 00.110 H. Ordin~ance No. O-00-1.~- Regulate Elevation of Fill Material at Cons~u_cfion Sites (City Manager Transmittal 4/20/00~ O-00-1 AN ORDINANCE Of THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 26 TO REGULATE ELEVATIONS OF FILL MATERIAL AT CONSTRUCTION SITES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-12 by title, noted a scriveners error in section 1 which should refer to 26-5. Discussion followed on state law requirements, and complaints that precipitated the proposed amendment. MOTION by Hill/Majcher '1 move to approve Ordinance 00-12 on first reading and set a public hearing to be held at the Regular City Council Meeting of May 24, 2000." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 00.112 IteJ~.l - Resolution No. R-00-25 The City Attorney read Resolution No. R-00-25 by title and that the word "requesting" should be in the title. He asked that it be adopted subject to correction. (see resolution attached) MOTION by Bishop/Barczyk ~1 move to adopt Resolution R-00-25 delaying congressional action on internet tax moratorium." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 17. Being no further business, Mayor Barnes adjourned the Regular meeting at 9:52 p.m. Approved at the May 10, 2000 Regular City Council Meeting. Walter Barnes Mayor Kathryn M. O'Halloran, MMC City Clerk ! ! City of Sebastian i 1225 Main .Street Sebastian, Florida 32958 Telephone (561) 589-5330 I FAX (561) 589.5570 Subject: l~quest for Rental of Community Center Approved for Submittal by: CitY Manager Agenda No. ~l~.//7 ,Department Origin: City Clerk Date Submitted: 05/03/00 For Agenda of: 05/10/00 Exhibits: Application dated 5/3/00 Expenditure Required: Amount Budgeted: Appropriation Required: The City has received an application from Joy Peacock, requesting the use of the Community Center on June 3, 2000 from 12 Noon to 6:00 P.M. for a wedding and reception. As required by R-00-21, Section 105) (copy attached), the applicant is requesting permission to serve alcohol at the event. Proof of age has been received. RF_J2OMMENDED ACTIQN Consider the request and act accordingly. RESOLUTION NO; R'00-21 A RESOLUTION OF THE CITY OF sEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING T° THE USE.DF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CiTY COUNCIL' CHAMBERS; PROMULGATING RuLEs AND PROCEDURES FOR USE OF SUCH FACILITIES; PROVIDING FOR THE. COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING -HE USE OF THE FACILiTiES FOR COMMERCIAL 'PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS,the City of Sebastian owns and maintains a Yacht Club and a Communlty Center for the use and benefit of its citizens and a City Counc!l chambers for the operation of City.government; and WHEREAS, the promulgation of rules of cond ct and procedure will promote the general hsalth, safety and welfare of.those persons J. ltilizing such facilitieS; and WHEREAS, the City Council deems it necessary t .! impose certain fees ~or the use of certain facil~es in order to defray the .cost of maintenance and repair. NOW, THEREFORE, BE IT RESOLVED BY TH~ CITY COUNCIL OF THE CiT~ OF. SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. RULES AND REGULATIONS: The City Council hereby adopts the' following rules and regulations for the use of the Sebastian Community Center and the Sebastian Yacht Club. A. .An application for a permit t~ use the community Center orthe Yacht Club must be completed on forms provided for such purpose by the City Clerk. An application for a permit must be received by the City Clerk 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 by the City Cierk at least two weeks before the ne~t Regular City Council meefJng date which is prior t~ the date of the requested use. It is the policy of the CEy cf Sebastian that no wai~em of the rental or security deposit will be permitted, ~xcept as otherwise provided fnr in this Resolution. B. .The CI.ty Clerk shall issue a usa permit upon a determination that the requested use is .permissible pumuant to this Resolution and all fees have' been paid. 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 Clerk shall not issue a use permit until directed to do so by the City Council. :. CITY OF. SEBASTIAN ..,, ,... RENTAL PERMIT APPLICATION~" ' ', 'DATE:'~--~O '~. COMMUNI~TY cENTER F'I ,., .YACHTCLUB :' ,.. NXMEoFP~RMI'I-F~E!:'"""~G"i-~'' --~-,~ NAME OF GRoUp OR OR~ANI~TION:' Only PL~SE ANSWER YES OR NO: 1. ARE KITOHEN FAOILITIE~ REQUIREDT ~ ' 2. ARE YO~ A RESIDENT OF SEBASTIAN? ~. WiLL DEOO~TIONS'BE PUT-UP?' ' ' ~~ ........ Total....,. ~] ~.~¢ 4. WI~ THERE BE AN ADMISSION OR DOOR 6~R6E? - T~ (a) If an~r to f5 is Yes, Pa~i~ee's pmf of Age: ~ (b) If al~hol is to ~ sewed, peri.ion is required by City Council. Your mque~ will be pm~nted to ~un~l Make chec~ payable to City ~f Seba~ian (A se~i~ fee of 5% or $10.00, whichever is greater, may be cha~ed for a dishonored ch~ck per Oity Eesolution No. E-9~1) OFFICE USE ONLY D AT~ PAID RE C ~ BT NO, I~ SECURI~ DEPOSIT ........ $250,00 ~ RENT .............................. /~- ~ 7% T~ ................ ; ..........7~, ~ ~ ALCOHOL BEVERAGE REQUEST [~] APPROVED Police Department Agreement Verified (if applicable) ,~ Date Key Pickup Date: Key Returned Date: SECURITY DEPOSIT RETU'RNED.BY.CITY CHECK # FOR'$ COMMENTS: [] DISAPPROVED ON: ' ' TO RENTERS OF SEBASTIAN COMMUNITY CENTER OR YACHT CLUB: ~A- deposit. ,o. f~o,h .un. dred:fif~-dollars ($25p..00) for~ ¢1 .~e~.up _m.. USt be.made.~ ~e:,,.a,,P,~afiO~i. · .This dep°sitis.,retu~dableE~"b~'iid~ugj~:'~'~".~l~!~d, und~ai'i~,'.~ft~i '.[!"..7~" ':.,i: :.,.: . . ..... If cleaning or repair is necessary by City employees, this deposit or a portion of the deposit shall be forfeited, based on,information supplied by the superintendent of buildings. - City Clerk .~!,. '~7' ~£~c~ ..... permit-tee for said premises, have read the rental roles ' 'and regulations and agree to dl the ~nditiom ii,ted. Furthermore, I understand that negleming to clean the premises immediately ~°~erward will result in forfeiture, in part or full, oft. he security Date . deposit. . Sigmmre, ! i City of Sebastian, Florida Resolution No. R-00-26 No. Subj ect: Agenda Vacation of Easement - Farless. Lots 22 & 23, Block 129, Sebastian Depar~nent Origin: Highlands Unit 4 ~ Date Submitted: ~Approvefl for Submittal h~ ~/. Exhibits: 1) R-00-26 2) Application 3) Site Map EXPENDITURE AMOUNT BUDGETED: P,_EQUIRED: None None Growth Mana. g?m~ent 4/28/00 5/10/00 4) Staff Report 5) Utility Letters APPROPRIATION REQUIRED: None SUMMARY This is a request for a vacation of the public utility and drainage easement located on the west five (5) feet of Lot 22 and the east five (5) feet of Lot 23, Block 129, Sebastian Highlands Unit 4, less the south ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. RECOMMENDED ACTION Adopt Resolution No. R-00~26. I A RESOLUTION OF THE CiTY O1~ SEBASTIAN, INDIAN RIVER i COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 22 AND 23, BLOCK 129, SEBASTIAN HiGHLANDS UNIT 4; PROVIDIN~ FOR CONFLICTS HEREWITH; PRDVIDING FOR RECORDING, i PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sough~ for construction of a new single-family i residence at 891 Dempsey Avenue within the City o! Sebastian; and i WHEREAS, the owner of the land upon which said improvemems shall be built has filed a request for abandonment of the public utility ~nd drainage easements along the interior lot I lines of the site; and I WHEREAS, the providers of telephone, ele?ric, cable, water, and drainage utilities have all consented to abandonment thereof;i I SEBASTIAN, as follows: Section 1. VACATION OF EASEME T. The City Council of the City of I Sebastian does hereby vacate, abolish, abandon ~nd discontinue all of that portion of landI previously dedicated for a public utility and drainag! easement described as follows: The westernmost five (5) feet of Lot 22 and the easternmost five (5) feet of Lot i 23, less the southernmost ten (10) feet thereof, all being in Block 129, Sebastian Highlands Unit 4, as recorded in Plat Book 5, Page 100, of the Public Records of I Indian River County, Florida, all located within the City of Sebastian, Indian Pdvel County, Florida. i CONFLICT. All resolutions or parts of resolutions in conflict herewith RECORDING, This resolution shall be recorded in the public EFFECTIVE DATE.This resolution shall take effect immediately upon Section 2. are hereby repealed. Section 3. records of Indian River County, Florida. Section 4. 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 Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this ,2000. CITY OF SEBATIAN, FLORIDA day of ATTEST: By: Walter Barnes, Mayor Kathryn M. O'Halloran, CMC/A_A_E. City Clerk Approved as to form and legality for relian~5~ th~ City of S~bastian only: Rich Sfringer, City AttolI~ Permit .App.licatian No. Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) i~---Ptlone · E'Maih FAX N.mbe~. ( ) - / ¢.~ o ~ b ) Owner (If different from applicant) Name: Address: Phone Numbe: ( i E-Mail: ) - FAX Number:. ( ) PLEASE COMPLETE ONLY THO~E SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'i'TACHF_D AND 81/2' BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. II A. Project's Name (if applicable): B. Site Information Indian River CounW Parcel ~ ~ Zoning Cla~ifi~tion: ~i~ing Use: Unit: Subdivision: Future Lanct Use: Proposed Use: · C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if I necessa~): LFonn CD~200~ IL'~?~v~: osJ=?/~? 1 I Revision: FEE. PAID: $ /0D. oD RECEIVED BY: Pa~.~ ~ of 3 Development Application FTie Name: Dca gent: Name: D. Projec~ Personnel: Ph°ne Number. ~'~ l E-Mail: Attorney: Name: Address ~ Permit Application No. Phone Number. ( E-Mail: Enginee~ Name: Addres~ FAX Number:. ( ) Phone Number. ( E-Mail: FAX Numhe~. ( ) Surveyor: Name: A~Jdress Pt~one Numbe~.~ E.Mail: AM ~E ~GAL R~RESE~A~VE OF ~E OWNER OF ~E PRQPEN~ APPUCA~ON, AND ~T A~ ~E INFOR~ON, ~P$, DATA AND/OR $~CHES PRODDED IN ~1S APPUCA~ON ARE CU~ AN~UE TO ~E B~T OF ~ ~OW~DGE AND BELIEF. ~IG~RE ~~ WHO IS PERSONA~Y ~OWN TO ME OR PRODUCED AS IDE~FICA~ON, ~'$ ~ DAY OF ~~ ........ [ -/~ ~J' ~ '*; MYCOMMI88ON~C~759118 , ~RI~ ~ME OF NOTARY - , ~: }, ' -- -- N ~~ 200~ ~ e 2 ~ 3 Devetopm~t Applica~' 1 J Ap~mv~: 08~7/97 J Revision: E Rie Name: D~ J Permi~ Application No. The following is required for all comprehensive plan amendments, zonin9 amendment (includin~t rezoning), site plans, conditional use permits, special use pe~i~ va~ances~ exceptions~ and appeals. / I~E, ~ THE OWNER(S) __ ~E ~l REPRES~A~E OF ~E OWNER OF ~E PROPER~ DESCRIBED WHICH iS THE SUREST ~F ~IS APPUCA~ON, HEREBY A~OR~E ~CN AND ~ERY MEMCER OF ~E ~OARD/COMMISSlQN OF ~E C~ OF SEBAS~N (~E "BOARD"FCOMMISSION~ TO PHYSICA~Y ENTER UPON ~E PROPER~ AND ~ ~E PROPERS'IN CONNEC~ON W~ ~/OUR PENDING APPLICATION. e . PROCEEDINGS, RESUL~NG FROM AN~ BOARD/COMMISSION M~B~ EN~RING OR VI~ING ~E PROPERS, INCLUDING ANY C~IM OR AS~ER~ON ~AT ~/OUR PROCEDU~L OR SUBSTAN~ DUE PROCESS RIGHTS UNDER ~E FLORIDA CONS~ION OR ~E UNI~D STATES CONS~ON WERE VIO~D BY SUCH E~ERING OR VI~ING. THIS WAIVER AND CONSENT I$ BEING SIGNED BY M~U~ VOLUNTARILY AND NOT A5 A RESULT OF ANY COERCION APPLIED, ~OMISES ~D~ ANY~PLO~, AGENT, CONT~CTOR OR OFFIC~L OF THE C~ OF SEBAS~AN. ' · · who is pe~onally known to me or produced ~1 ~[F~ ~c~ ~ -~q~-~ -~q '~ N~taw's Signature Printed Name of Notaw Commi~ion NoJ~piration Seat: i ~ # CC 75gt18 · MY COMMISSION ,,, ~; : ~ EXPIRES: July 13, 2002 Form CD-2OO'f I Page 3 of 3 Development Application lAp,roved: 08,/27/97 I Revi~ion: File Name: Doe Permit Application No. Supplemental Information Easements, vacation of Describe the easement to be vacated (pi'ovide a legal description, if possible): VVhy is this vacation of an easement being request?. Attach a survey shoWing the location of the property lines, all easements and all structures on the property, Form CD.2009 ApEr'oved: 8/27/97 Revi.sJon: Page f of ~ Vacat/on of Easements. PTle Name: SieaSev ] I i I I I I i I i I i i I i i I I I I ABANDONMENT OF EASEMENT Staff'Report Project Name: Property of James D. Farless, Jr. and Gaiety E. Faxless Requested Action: Abandonment of the public utility and drainage easement located on the west five (5) feet of Lot 22 and the east five (5) feet of Lot 23, Block 129, Sebastian Highlands Unit 4, less the south ten (10) fe~t thereof. 3. Project Location: a. Address: b. Legal: 4. Project Owner: a. Name: 891 Dempsey Avenue Lots 22 & 23, Block 1 james D. Farless, Jr. a 29, Sebastian Highlands Unit 4 ~d Gaiety E. Farless b. Address: P. O. Box 4134 Ft. Pierce, FL 34948 Project Agent: a. Name: b. Address: Willie Wiles Burgoon Berger Consla'uctioa Company 4520 Dixie Hwy. N.E.i Palm Bay, FL 329051 Project Description: a. Narrative of proposed action: App'ication has been made for abandonment of the public utility and drainage easement platted on the west five (5) feet o£ Lot 22 and the east five (5) feet of Lot 23, Block 129, Sebastian Highlands Unit 4, less the south ten (10) feet thereof. The owner wishes to construct a single family dwelling on a double lot. b. Zoning: RS-10 Future Land Use: LDR d. Existing Land Use: Vacant Utilities Comments: a. Florida Power & Light: b. Southern Bell: c. Charter Communications: d. Indian River County Utilities: e. City Engineer (drainage): Growth Management Director Comments: Staff Recommendation: approved approved approved approved approved l~Olle Approve l~esolu~ion 1~-00-26. Date APR, - 1 ~' 00 (TUE) II:04 FPL ST. LUCIE DISTRIBUTIONTEL:S61 489 6266 P. O01 TELEPI~O~(561) ~89-55~, ~ ~ (s61) 589-2566 , tT o1~ ; ~kpril 14. 2000 Description of Ease~n~l~t ~o be abandoned: Tl~e P~hli~ ~iliry ~ ~ag~ ~s~ lo~a~d ~e west~ve (5) ~ct ~fLo~ ~ ~ the e~t five (5) :feet of Lot'23, Block I29, UTILITY: Pedro Rubler~ ~P & L ~ NO: {561) 489-6)66 COMMENTS: ! I , I m m Ru-l'utn to: Jan King, City of.qebasrian, Coronary Dcv=lopmcnt Departmmt F~x Nrx (561) 589.2566, I I I i I I !~R. 3,4, ~008--" 1: ;~1PrI~BLDG DCPT NO.B~ P.1 I · ~.~ty o~=~a~tia~ ~, "~... / 4 ..%., "~,..'.,.~i~ "'% TE,LEPHON~ (~i61) 589..~537 D 1:AX (561) $g9-2566~"~" :.~/' Apr/l 14, 2000 Description of Essement to be absndo=e~l: The public ut/h'U and dreinage ~emmt locate1 on the we, mt five (5) fcct o£Lot 22 an/the eest five (5) feet of LOt 23, Bloc& 129, Sebastian Highlands Unit 4. l~ss the sourt te~ (10) feet thereof. UTILITY: Mike Hampers Bell South FAX NO: $62-5180 APPROVED/DE~ BY: COMMENTS: Retm. n w: :Ian King. City of $ebast/a~ Growth Management Department Fax No. (561) 589-2566, ' ~ 84/14/88 14:43 BELLSOUTH AVIATION BLUD m §61~892566 N0.852 P003 BELLSOUTH Bell$o.t~ ToWcmmnuni=stloas. Inc. Room 237 3300 Ok~-echobee Road For~ Pierce, FL 34967 / ' ~4', .... / Deer lVlr. Fm'les~, PM yonr request da~d April 5, 2000, BellSouth hu uo objection to the abandonment of the utilit~ easement as described herein: / Both five foot side lot euem~nrs between Lo~ ~ and 23, l~blic Records of indian R. iver County. We have no facilities within this portion of s~id utility For 2"u,rthe~ a~sista, ncc, please call Mike Hamp~ at 561.56' Yom ~ly, ~.~' Billie Greenlief Ooacnd Mm~ag~r Block 129, Scbasliim Highlands U~t 4 of thc r-77oo. I Received Apr-25-Oe 1e:80am Trom I I I 5615892566 -~ cHArTER COMD ~ NO. ¢j~ page P.~ · /. "'~,¢-' .... ~'"' ! city ofs~ 'k k k-. Z~n / A~I ~4, 2000 I I I I l~.etmm to: 1 04/19/2000 09:47 5~177051~3 1:225 MAIN STREET [] SBB 13AN, FLOP, IDA 32958' ~L~HO~ (56I) 589.5537 1~ ~ (561) 589-2566 ~.. / COlVl/vIENTS: DATE: Jan KNg, City of Ssbastia~ comm~ty Dev~6pmeat Department Fax No. (561) 589-2566. I .: APPROVED: J' APPROVED/DENIED BY: April 14, 2000 De~t:rlplii{)Jt of ~aseme~t3~ be aban.tl_9_ned: Th~ public utility am/.drainage ~a~emaeat loeat~l on the .west ~iv& (5) f~:t of Lot.22 ~ thc e.a.nt five (5) f~et of L0., t 23, Block 129, $~bastian I-Ii~hla_ucls U~it 4, le~ the south t~ 00) t~et then~of. ' I WrILITY: Ste~ Dayle, i,R,C. U~iti~ FAX NO: ~ 770-5143 [ I KE_Ot~STFOR Ai~.O~ OF EASiE~ 1: 2BPM ' .BUJ(~ D~PT SEBASTI~H HO. 863 P. l' April 14, 2000 City of $obes~ian 1225 ~ STREET IZI SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589.553? [] FAX (561) 559-2566 REQUEST FOR AB~ONlVI~ _I~X OFI~ASE~NT UTILITY: APPROVED:. APPROV~D/DBN'IED BY: Description ofi!l~ement to be abondoned: Thc public ~tility and drainage easement locat~ on the west five (5) feet of Lot 22 and the east five (5) feet of Lot 23, Block 129, Sebastian Highlands Unit 4, loss the south t~n (10) feet thereof. Martha Campbell, City Engineer FAX NO: 589-620g .. .NmD: D TE: COMMENTS:- King, City of Scbasthn, Community Development Departme ~nt F~x No, (5~ I) 589-2566. City of Sebastian, Florida Subject: Industrial Zoning District Regulations. No. Department Origin: Growth Management Tracy E. Hass ~'~/~ Date Submitted: May 03, 2000 For Agenda of: May 10, 2000 Exhibits: Ordinance No. O-00-11 (IN zoning district regulations). EXPENDITURE AMOUNT BUDGETED: REQUIRED: None None APPROPRIATION REQUIRED: None SUMMARY. The Eagles Club has submitted a request to the City for an amendment to the Land Development Code to adopt the proposed Industrial Zoning District ahead of schedule so as to not further delay submittal of their proposed site plan within the Barber Street Trade Center. The current LDC does not allow clubs or lounges within the IN zoning district whereas the propped allows clubs and lounges. The Eagles Club has been patiently awaiting adoption of the code and nnformuately due to lease arrangements in their current location, they can no longer afford to incur further delay. Therefore, they submitted a request for removing the proposed IN section from the Land DeVelopment Code and adopting it early. The Planning and Zoning Commission during their regular meeting on April 19, 2000 recommended approval of Ordinance No. 0-00-11. Additionally, the City Council during a workshop meeting on April 19, reviewed the proposed IN district regulations mad subsequently did not recommend any changes to the proposed language. RECOMMENDED ACTION Hold first reading and public hearing of Ordinance No. 0-00-11 and schedule a second reading and public hearing for May 24, 2000. ORDINANCE NO. O-00-1~. AN ORDINANCE OF TI:r~ Ct. FY OF SEBASTIAN, INDIAN Ri-v'ER COUNTY, FLORI~A, AiM[ENDING SECTION 20A-3.14 EN, INDUSTRIAL DISTRICT, OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDiNG FOR CONFLICTS; PROVIDiNG FOR SEVERABIL1TY; PROVIDiNG FOR AN EFFECTIVE DATE. ,WHEREAS, the City has received an application to allow a club lodge in an area zoned IN -Industrial District, which is not currently an allowed use but is recommended as an allowed use in the proposed Land Development Code modification under consideration; and W~[F~REAS, a public hearing was held before the Planning and Zoning Commission on:April 20, 2000, and in the interest of fairness that body recommends approval of the Land Development Code amendments previously recommended for the Industrial District pending adoption of the entire modified.Code; and WI:I~,REAS, the City Council .upon due public hearing has considered the same and found said amendments to be in the best interest cxfthe citizens of Sebastian; NOW, TI:f~REFORE, BE IT ORDAI]N~D BY T~E CITY COUNCIL OF THE CITY OF SEBASTIAN, IND~ RIVER COiJ~NTY, FLORIDA, as follows: I I I I Section 1. That section 20A-3.14 of the Land Development Code, City Of i Sebastian, Florida is hereby amended to read as follows.: . ' . . ' Section 20A-3.14. IN, industrial District. I A. ' INTENT. The intent of tile l-~ ~lis~riy~ is to provide a management framework for Jrrkltlementing Comprehensive Plan ol~j,cti,v~s and Policies for' I limited industrial development on land designated IN oil t,h~ Fug~re_Land Use · Map. All development in the IN district ~qhall corr~ly wi~h the_ Conlprehensive ~Jark llclfollgarl~q .~[i*,.e~ in Chapter 121I. as well as oth~ ~pplicab[e_ land I development regulations. Salvage y~rd~..allCl jup, lq~ds are deemed to generate highly ex~ensiv, e_~lverje irayacts for the urban area and sh~ll rto~ l>,e l~ermitted use~ in the Cikw limits of Sebastian. $~h_actjC&i~re more appropriately locate~ I near major regional transportation facilities. . . I Utilities. Public and Private Business and~Professional Offices with.or without drive-tllrohlgll fa~iJities I Gasoline Sales · · .. Commercial Retail with (5,000 sq. ft. . I LVl~r~laandisirlg of Seco~dhall~l ~oo_~ i Commercial Amusemenm enclosed . Storage Facilities ' ' I Plant Nurseries ·' g~;~r~;~ with our ~thoxtt ckive-zthro~gh facilities Trades and Skilled Services I Vehicular Sales'and Related 'Ser~i~ ve2 i ular Servi e ~uance I Wholesale Trades and Services Industrial Activiti~ Parking ~ I and Lodges. public private and Administrative Services &gcessorv Uses to Permitted Us~ I Medical ~er~es ' & co29>I O &I, trsv, s. ~ommercial Reli~il ~itll > 5.000 ~q. ~. Hotels ~d Motels ~ or ~thou~h,ns Pub~ Prg~ective ~d Emerg0~ e~ces Public P~ks ~ ~gf, at~o~ - ~ U~closed ~rci~ ~usem~nU ~dult Eme~em Estabfis~e~ 2. M~m~ He~ht: 35 ~, No s~ sha~ be ~ed Mt~ the ~rgtgfl zones of a~ive m~w~vs on the Seb~st~ Mu~c~l ~on at a he~t ~ excess thos~~ed by the ~ or thq CiW CounCil. M1 mmcmres sh~ comply Mth ~he Ci~ of Seba~ia~ ~on ~ plan, 3 ~ Lot Cover~e; .' ~mum I~e~Ous Su~ace: · ~um Open S~c,~ 20% 4. Lot Dim~siQ~S: t ' ~~ Lot Size: 15~000 squ~e~l ~um WjOth: 100~fe~ ~u~ Depth: ~feet ~mm ~tbacks: Froa$ Yard: 20 geet ~e ~tefior Ya~; None Re~ Y~d: 10 geet. No ~¢i,lctigg ar structure in an 1N district shall be located closer than 30 feet to a residential district, pROCESSING ANt) STORAGE WITH-IN TFI-E DISTRICT. In the Industrial District arff., use is permitt}~ ~i'~h~ il1490J's or outdoors, but in conformance wiIh. t, he'~pplicable performance ,standards. In the Industrial I)igrig& ifil t>¢~i/~s, servicing, manufacturing or processing within two hundred (200).feet of a.l'..e~i~l~p,'~i~ ~i~t. rict boundary mav be outdoors but shall be effectively screened bv a solid wall. f~Ce qr II~mr~l. l~dscaping providing p rtine~ '(.90) opaqk!~ ~Cr~¢ll planting so that the materials shall not be visible form the residential district, Thex~luirer~ergJll~l..ll0~; ~PPly kO i~irfi~l~l~ for ~;h~ out~ide gorag~ 9£ Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. in the event a court of competent 'jUrisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be 'affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by the City Council. 4- The foregoing Ordinance was moged for adoption The motion was seconded by Councilmember and, upon being put to a.vote, the vote was as follows: Mayor Walter Barnes Councilmcmber Joe Barczyk Councilmember Ben A. Bishop Councilmember James Hill Councilmember Edward J. Majchcr, Jr. The Mayor thereupon declared this Ordinance duly passed and .adopted this day of May, 2000. by Councilmember ATTEST: CITY OF SEBASTIAN, FLOP, IDA Kathryn M. O%Ialloran, CMC/AAE City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Joseph W. Schuike Schulke Enterprises L.L.C. 9622 Trade Center Drive Sebastian, FL 32958 561-581-0793 561-388-1876 Tracy Haas Growth Management Director City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Request for an Amendment to the City Land Development Code Dear Mr. Haas, March 27, 2000 Please accept this letter, and the attached 'Development Order application and application fee of $225.00 as documentation in support of a request to amend the City Land Development Code. I am requesting that Section 20A-3.14 ~' Industrial District," Paragraph B.," Permitted Uses" be amended to include "Clubs and Lodges" as a permitted use. This amendment is consistent with the City's future planning as evidenced by: On March 16, the Planning and Zoning Commission unanimously recommended that the City Council approve the new Land Development Code, which includes "Public or Private Not for Profit Clubs" within the Industrial District. This proposed amendment also appears to be consistent with similar uses.currently permitted in the Industrial District, including "Restaurants" and "Business and Professional Offices." The pdmary functions of these two permitted uses closely represent the activities within a social - civic club. '1 am requesting that the City amend the current code as soon as possible. I would like this done because I have a real estate transaction and a new "Eagles" club development hinging on whether this use is permitted on an Industrial Zone property. As you recall, I had originally spoke with you regarding this issue last fall (1999). We discussed whether it would be appropriate 'to submit a request to amend .the Land Development Code, or submit a request to re-zone the property. During our discussions we also realized that this issue had been addressed within the new Land Development Code, and it was thought that the new code would be adopted by February 2000. Based on that schedule, the new code would be adopted (and the use "Clubs" permitted in the ~IN" District) in a time frame that was compatible with my proposed project. We concluded that it would be prudent to wait for the adoption of the new Land Development Code. However, as you know, the Land Development Code has taken a little longer than anyone anticipated. And even though the Planning and Zoning Commission has. already recommended it for approval to the City Council, it is my opinion that the City Council will take several months (at least) to workshop, revise, and approve the new code. (It is my understanding that at the City Council meeting on March 22, 2000, the City Council scheduled the first of several workshops on the Code for Apdl 19, 2000). , I have attached a copy of correspondence from the "Eagles to then Mayor Chuck Neuberger, dated, January 4 2000. It explains the time frames and situation we are trying to resolve. The City had responded to the Eagles letter/request by advising them to wait for the. adoption of thenew Land Development Code. The reasoning was that at the time, the City did not want to change the old code when the new code was forthcoming; and, the City advised that amending the code would only save 2 to 3 weeks time for the Eagles club project... It is now March 27, 20001 As you can see., we have lost much more time. ' i hope you can support this request, .and can expedite the review and processing. It would not be inconsistent with two past city actions, which amended the present Land Development Code so as not to hinder new development. SpecifiCally: . -Planning and Zoning Commission and Council approval of the zoning map and new oveday districts for the riverfront district. ' . -Planning and Zoning Commission and CoUncil approval of a new lot width measurement definition, which specifically helped expedite the development of a. riverfront lot. Finally, based on our discUssions, I understand that it is possible to amend the Land Development' Code by May 24~, in accordance with the following schedule: ' - Application/request submitted Tuesday, March 2B"~. - Advertise for Planning and Zoning .public hearing, starting April 3r~. · - .Planning and Zoning public hearing on April 20"~. ' - Advertise for the first City Council hearing, starting April 24th. · - Advertise for second City Council public hearing starting May 8~. " - First City Council Hearing, May 10"~. ' - Second City Council Hearing, May 24~. ' ' Thank you in advance for your support and cooperation. If You Should need any additional information please do not hesitate to give me a call. I City of Sebastian Development Order Application Permit Application No. Applicant (If not owner, written authorization (notarized) from owner is required) Address: Phone Number:. (~1) E-Mail: Owner (If different from applicant) Name: · Address: Phone Number. ( ) ' FAX Number. 5-Mail: Type of permit or action requested: PL~SE COMPL~E ON LY THOS~ SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION ~AT YOU ARE REQUESTING. COPIES O¢ ALL ~PS, SURV~S, DRAWINGS, ~TC. SHALL BE A~ACH5D AND 81/2"' BY 11" COPIES OF ANY A~ACHMENTS SHALL BE INCLUDED. A~ACH THE AFPRQPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): -B. Site Information Addre~: Lot: Block: -indian River County.Parcel #: Zoning Classification: Exi~ing Use: Unit: Subdigision: _ ,. ,Future Land Use: Proposed Use: MA~ 2 ~ 20OO C. DesCription of proposed activity and purpose of the requested permit or action (~'tta--~h ex"ra~..sheets if DATE RECEIVED: ~_/~/ ~ FEE PAID: $ ~-~ RECEIVED Form CD-2OOY I Page 1 of 3 Approved: 08/27/97 I Revision: tDevelopment AppficaHon FTle Name: Doe Permit Application No. D. Project Personnel: Agent: Address ~hone Humbert ( ) FA~Number: ( -) E-Mail: Attorney: - Name: Address Phone Number:. ( E-Mail: Engineer: Name: Address ) FAX Numben ( ) ~hone.Numben. ( FAX Numben ( ) E-Mail: Surveyor: Name: 'Address , Phone NurnbeF. ( / A ) - FAXrNumber: ( ) - . E-Mail: _ [, ~ , BEING FIRST DULY SWO N, DEPOSE AND SAY THAT: M THE ~ ~, AND THAT ALL TH~'~ON, MAPS DATA AND/OR SKETCHES PROVIDED IN THIS A.PPUCATION ARE DATE SVVORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF , 1 9 , NOTARY'S SIGNATURE PRINTED NAME OF NOTARY .[ "Fo O ~ Approved: 08,/27/97 2 of 3 [ DeveJopment Appficatic~n ] Page R evi~ion: [ File Name: Doe I I I I I i I I I I I i I i i I I I I ,I Permit Application The following is required for all comprehensive plan amendments, zoning am (including rezoning), site plans, condit:ionaI use permits, special use exceptions, and appeals. IJ~JE, THE OwNER(s) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPEr SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER (DF RQARD/COMMISS1ON OF THE CiTY OF SEBASTIAN (THE 'ROARD"/"COMM1SSION") TO AND ViEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE PROCEEDINGS, RESUL'I CLAIM OR ASSERTION CONSTITUTION OR THE THIS WAIVER AND PROMISES MADE, BY AN SIGNATURE Sworn 'to and subscdt who is personally as identification, this Notary's Signature/' Printed Name of/Mol ~ C o m m issio n,,bid./EXl i Form CD.200~ LApproved: 0~/27/~7 I/WE HEREBY WAIVE ANY OBJECTION OR DEFENS; I/~VE MAY PROCEEDINGS, RESULTING FROM ANY MEMBER EJ THAT MY/OUR PROCEDURAL CONSTITUTION OR THE UNITED STATES THIS WAIVER AND CONSENT IS BEING SIGNED BY PROMISES MADE, BY ANY EMPLOYEE, AGENT, C by who is personally known [0 produced of , 19 DESCRIBED WHICH IS THE ENTER UPON THE PROPERTY TO THE' QUASI-JUDICIAL NATURE OF THE OR VIEWING THE PROPER'PY, INCLUDING ANY DUE PROCESS RIGHTS UNDER THE FLORIDA BY SUCH ENTERING OR VIEWING. >LUNTARILY AND NOT AS A RESULT Of ANY COERCION APPLIED, OR OR OFFICIAL Of THE CiTY OF SEBASTIAN. DATE Pave 3 o1' 3 ~ Development Application Revision: [ File Name: Dca v/3. Z4. ~ermit Application No. Supplemental Information Land 'Development Code Amendment (^rr^c. ^D~rnOUAL PA~ES ~ N~C~SS~Y.) Current text (cite page): Describe the impact of the proposed change on the Land Development Code and applicable ordinances of the City. _ , / ~',F' .-'-c'~-A¢.~,~.-'r~/::f.c r:::,~."t"----c~ M'Arz.~t4 ts the proposed amendment consistsnt with the elements of the comprehensive plan? If not, which one(s)? Is ~e pr~os~ amendmen~ in confo~ance ~ appli~ble subs~n~ve requirements of the city of Sebastian Code of Ordinances? one(s)? ~ ~'~. . If not. which [ ~orm CD-2028 . I. DC Amendment F'de Ne, mB: .~Jldcomd City of Sebastian Subject: Code Enforcement Board ApprOv!~for Su~: City Manager Agenda No. O~-t~ 7 Department Origin: City Clerk Date Submitted: 5/1/2000 For Agenda of: 5/10/2000 Exhibits: application, board member list, advertisement Appropriation Required: SUMMARY STATEMENT The Code Enforcement Board has an alternate member position open.due to term expiration. The present member, Joseph Morozowsld, is eligible .for reappointment and has submitted, his application. There were no other applicants. RECOMMENDED ACT!O~ intewiew applicant, unless waived by council, and appoint as follows: 1. One alternate member position term to expire 4/2003 A~PPLIC~TION TO SERVE ON CFI~.~.OARD/CO~E (All City Board and Commir~ Memb=s Must be P.~dents of the City of $¢ba~i~) HOME ADDRESS: 3 $/o1 (, ~C~Y~, 7~ ,/-.-~/ HOME PHONE: .z~_ ~ o~ ~ HOME FAX: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: o ~ r,, HOW LONG ~ You B~ A ~Sm~ OF S~S~V / 7 ~ ~ m..~m~ DO YOU ~YHO~ ~~C 0~? '~ .-~ ' " ~0 · '"',.: ~ YOU P~~Y ~ ON ~ O~ ~ BO~ OK CO~? ~CH BO~CO~S? PL~SE C~ ~ BO~S ON ~CH YOU ~ ~~ ~ SER~G ~ o~ER OF P~~CE ~ ~T CHOICE B~O ~1: BOARD OF AD]USTMENT CHARTER REVmW COMMITTEE (s~s om'y 6 mom~ m,~ ? y~'s) crnZENS BUDGh~ REWEW ~O~Y CODE ~ORCE~ BO~ CONS~U~ON BO~ ~IC~P~ SELF-~UA~ON CO~ P~O ~-ZO~G C0~SSION POLICE ~ BO~ OF ~US~ · ~C~ON~ ~SORY BO~ T~E ~SOKY BO~ O~K ~O~Y CO~ ~, .' . ... >.' . ./ ...,..~ . .- · .......... . APPLICABLE EDUCATION AND/OK EXPERIENCE: (amc. h s~arate resume if'n~sory) e_~.~, ~.~,-.~,... C-~L/~' .~'7<, . . REASONS FOP. WANTING TO SERVE ON BOAKD OR COMMITTEE: . ' zo ¢~.~ ~-A_ ~,, .. ' ' -.. · LiSTA~Y ADDITIONAL QUALIlrlCATION$ TO $]3WE ON BO.M~ OK ¢OMlVfflT~E: 7.;! Y~'VE YOU EVEN B~N CONVICTED OF ANY NISI:JElVI~OK INVOL~O ~OI~kL ....~,..rr~T~O~ST, T~?. /V'O '~ " "".: ".' . ', ABOVE?' · ' .... . '. I' ' '"' " I t~rcby ccrti~ that I am q~lificd to hold th, position for which this application.is r-adc. Fur~cr, I hc~cl~' ,,utborizc tl~ City of'S~b~s6au to invcstig,,l~ thc ~ of ~11 iufonnation which ! have proviScd.in this application. I undcrst~d that ~ misrcprcsc~tion or o,-,,~i-~,~ion ofi~fonnatio.n r, qucst~l in tl~ '. ' ~pplicatlo~ i~ ¢~us~ for disq-Mi~.~fion. ! haw bccn provided wi~ ~ and undcrstaud Cit7 of.%ba~ian Code of' Ordinances $c~tions 2-166 through 2-173 (~.bcd). Infonnaao- rclativc to ~ ~cc~ic boml. ~ ~i~ k. av~abkff~au~ ~~~2~ . ~ho , ~l~nally kno~'~o-'mo, or has' produ~:: ._\wP'f°rm~applicat-wl~i rcv. 415199 I BE REVISED AT THE BF.,GINNING OF F_,.AC~ MONTH · . I ' CODE F, NI~RCEMEI~. BOARD . . ~TS ~.n,. I ~"'M*~ :r. ~o~,' · ----'- "~~h~'o~°~ - ! · · TERN TO EXPIKB.' 8/2002 I 461GBOKOIA BLVD. .. . , ~PO~~G~-~ ~94 3gS-5020 ' ~PO~ ~0~ ~: 4/97 ' ~ ~S: ~/U2000 . ~0~.~0~ ~: 3~00 ' ~.E~S: 3/~200~-' ~ (C~Y ~ ~ ~ ~PL~ ~O~OSmO~ ' - ' s~.s~. ~om, ~2~ ~osmo~ v~c ~.~Y: ~/~/~ I 388-1805 '~~ ~ TO' ~: ~000 ' ~PO~,~G~ ~: 3~000 , ' , ~ ~O ~: ~1/200~' . : I (C~ N I$T ~ ~ ~ ~ m~ ~ ~) I 372 B~ S~T ~ TO'E~: 6/~8 . SEBAS~, ~O~A 32958 . ~O~ TO VA~ BY D. O~~: 5/96 . ~.TO ~: 3/99. i ~PO~ TO ~~~ER ~TOR PO$~ON. ~4/99 ~,TO~: 3/1/2002 , SAY/~ BA~CZYK 609 CARAVAN TERRAC~ SEBASTLAN, FLOR/DA ~29~8 , OF ~OS~H ~ESC~ PETER CAVALLO f 1 $ SAUNDERS STREET SEBASTIAN, FLORIDA S2~;~8 , REG~ MEMBER POSITION 9/9/98 3/2001 APPOINTED ALTERNATE MEMBER POSITION: 1/9~ TE.R~ TO.EXP~: 4/20.00 AP,?O 'TO GENERAL CONllt4t"TOR.POS1TION YACAT oLrv 'CO~OR POS~0N: ~11~99 ~ TO'E~: 6/1~0~ (1ST FULL TERM - 2ND EE6UI~ MEi~F_~ YEAR) - JOEL ALAN KEA 549 3OYI-IA~ DE/VE SEBASTIAN; FLOE~DA 32951 388-1154 H', 388-2907 B APPO~ BUSINESSMAN POSITION VACATED BY ELIZA,. E~ .~RIFFIN: 4/~000 ~ 3~13.' ,E;XPII~:' 3/2,003 ADRINA DA.'.VIS 668 BENEDICT]NE ~CE' SEBASTIAN, FLOR]DA 32~.'.'.'S8 5.89-2'408 APPOINTED UNEXPIRED ALTERNATE MEMBER POSITION VACATED BY DONNA 'MF. RRPrT: 1/27/99 .'FERM'TO..E~;pIRE: 6/2001 (ALTE:R_NATB TERMS A_ND ~ NOT COUNTED) 589-8024 ~ ....... ~~: 4~oo0 BOARD SECRETARY - DORRIBOSWOR.TH City of $ bastian ~225/~in $'ff'~t' Q 5ebesti,,n, Florida 32D58 Telephone (561) 589-5330 Q Fax [561) 589-5570 E-~,',il: ci'h/seb ,'~iu.,el' APRIL 17, 2000 · PRESS RELEASE CODE ENFORCEMENT BOARD Ti-IE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL ONE ALTERNATE MEMBER POSITION ON THE CODE.ENFORCEMENT BOARD. ' QUALHrICATIONS: RESIDENT OF THE CITY OF' SEBASTIAN THIS BOARD MEETS THE THIRD WEDNESDAY OF EACH MONTH AT 3:00 P.M. THE COUNCIL CHAMBEKS. APPLICATIONS ARE AVAILABLE iN THE.CITY CLERK'S OFFICE, CITY HALL, 1225 MA~ STREET, SEBASTIAN, BETWEEN THE..HOURS OF 8.:00 .A.M. AND 4:30 P.M. AND WILL BE ACCEPTEDTHROUGH FRIDAY,. AP, RIL 28, 2000. City of Sebastian, I~lorida Subject: Community Redevelopment Trust Fund 'Department Origin: City Manager · Date Submitted: 5-01-00 For Agenda off 5-lQ-00 Exhibits: EXPENDrruRE REQUIZ~D: N/A AMOUNT BUD GETED: N/A IAPPROPRIATION REQUIRED: In 1995, the City"Council, by Ordinance 0-95-08 (Section 78-30 Code of Ordinances) established the Community Redevelopment Trust Fund, whereby the City Couucil acts · as the Board of Directors. Therefore, it is necessary to meet periodically to consider recommendations of staff so as to effectively administer the program. RECOMMENDED ACTION Move to set a meeting schedule for the Community Redevelopment Agency (CRA). City .of Sebastian, Florida Subject: Approve Tree Advisory Board Agenda No. ~/~.//~ Work Plan for 2000. Department Origin: Building Department .~ Tree Advisory Board Secretary (DMH)~)~ Exhibits: 1) Proposed Work Plan EXPENDITURE REQLrIRED: None 2) Minutes from Tree Advisory Board Meeting of 4/3/00 I AMOUNT BUDGETED: I APPROPRIATION None REQU]ltED: None $~Y At its regular meeting of April 3, 2000, the Tree Advisory Board passed a motion to recommend to City Council that they approve their proposed Work Plan for 2000. RECOMMENDED ACTiON Approve the proposed Work Plan as suggested. Arbor Day i City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ,q FAX (561)589-2566 Tree Advisory Board Proposed Annual Work Plan for 2000 The day the city recognizes .the importance of trees in the community. The site, day, and time will be determined later in the year. Model Planting The Tree Advisory Board will work with the Public Works Department to upgrade City Hall property. Brazilian Pepper Chris McCarthy will provide a list of sites. · Boy Scouts. 4. Display at Library '5. Pepper bashing evem will take place with the John Almada, Tree Board Advisor, Puts a display together to educate the community about native and non-native plants & trees Keep Indian River .Beautiful Ruth Davies will serve as liaison between the board and K.I.K.B. Shade house Operations Care of seedlings at Sebastian River High S~hool. Blossom Park ~ The Tree Board will work towards enhanciflg the landscape. City Council j Any additional projects the City Council wo~d like the Tree Board to work on. TREE ADVISORy BOARD MINUTES OF REGULAR MEETING OF APRIL 3, 2000 There was a little more discussion of th~ width of the crushed stone edging, and it was suggested that this would be left to Chds s discretion since he is more knowledgeable on the drip line and flooding habits of this site. There was also some discUssion on the method of planting. . There was discussion of a date for the Boy Scouts to help with the planting. With the time element required with the use of Round-up, the site will not be ready to receive plants until early to the middle of May. The 27th of May was suggested for Boy Scout assistance. - ~ Work Plan for 2000: Finalize suggested plan. Chmn. Cardinale submitted his proposed Work Plan for 2000. MOTION by Cardinale/Davis . . I would like io make a motion that we approve the Tree Board Work Plan for 2000 which will then be recommended to City Council for their approval, Roll call: Chmn. Cardinale - yes Lynn Albury. - yes · · Anne Dann -yes VC Cathy Fulton - yes Ruth Davies - yes ' The vote Was 5 - 0. Motion carded. PUBLIC COMMENT: Pete Kahle, 402 concha Ddve, Sebastian, made an appeal to the Tree' Board to petition Crty no longer stripping shrubbery that are in the Council to a]Jow the of the trees and the city owned property .in the canal as it is severely depleting the wildlife habitat for the birds and the lifecycle habitat that is necessary for those waterways which the City tends to call drainage ditches, which is actually the headwater of the Sebastian River. He indicated that property owners are going behind their properties and are literally leveling the trees that are along the waterway so they can have a water view, He wants the City. to prevent this from happening. He also spoke of City liability if someone gets 'bit by an alligator, among other issues. ' It was suggested that Mr. Kahle approach City Council and/or Code Enforcement on his issues. It was also suggested that this Board could make a recommendation to City Council on this issue. The meeting was adjourned at 7:30 p.m. City of Sebastian, Florida 1225 Main Street [[] Sebastian, Florida 32958 Telephone {561) 589-5330 D Fax (561) 589-5570 MEMORANDUM To: From: Date: Subject: TRM/ Honorable Mayor, Vice Mayor and City Council (Via May 10, 2000 City Council Meeting Agenda Packet) Terrence Moore, City Manager May 3, 2000 Yacht Club Restroom initiative Per deliberations during your last meeting, please find attached modified engineering sketches for the proposed Yacht Club Restroom Improvement Program. Revisions take into consideration ideas and concerns raised publicly. As such, this information will assist~ipate receiving direction accordingly. ' Attachment My Documents/YachtClub2 I I O~ 0 0 0 ]> Z n[ nt · ! [] BIB -~l Z ..~ I I I I I I I I I I i I I I I I I I I City of Sebastian, Florida Subject: Ordinance No. O-00-13 Amending Fiscal Year 2000 General Fund, CDBG Fund, Local Option Gas Tax Fund, Discretionary Sales Tax Fund, Debt Service Fund, Capital Projects, Golf Course, Airport, and Major Equipment Replacement Fund Budgets Department Orion: Finance(~ Date Submitted: May 3, 2000. For Agenda of: May 10, 2000 EXPENDITURE REQUIRED: N/A Exhibits: Ordinance No. O-00-13 2~ Quarter Budget Review Memorandum 2nd Quarter Income Statement by fund at the character level Project Status Reports by fund Investment Summary as of March 31, 2000 AMOUNT BIYDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY In accordance with discussions during the Fiscal Year 2000 budget process, budget revieWs and adjustments would be presented to Council on a quarterly basis. In addition, quarterly income statement summaries were to accompany the reviews as well as project status reports. Also, n accordance with the Investment Resolution, an Investment Summary is also included .for your review. We are proposing to decrease General Fund Revenues and Expenditures by $29,877, CDBG Fund by $430, and Airport Fund by $9,973, and increase Local Option Gas Tax Fund by $4,200, Discretionary Sales Tax Fund by $6,200, Debt Service Fund by $128,000, Capital projects funds by $14,900, Golf Course fund by $60, and the Major Equipment Replacement Fund by $1,000 in accordance with the 2"d Quarter Budget Review attached. The enclosed amended budget ordinance achieves that affect. The 2"d quarter budget review breaks down each affected department and fund with the amounts associated with the changes. RECOMMENDED ACTION Move to approve Ordinance O-00~13, and set public hearing for May 24, 2000. ORDINANCE NO. O-00-13 AN ORDINANCE OF Tile CITY COUNCIL OF TI~_, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXH]BIT "A": PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 23, 1999, the City of Sebastian adopted Ordinance No. O-99-16 providing for the adoption of the City's 1999-00 budget; and WHEREAS, an analysis of the revenues and expenditures for the six (6) months ended March 31, 2000 has indicated that some adjustments are necessary, NOW, TH~EREFORE, BE IT ORDAINED BY THE CITY COUNCiL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year be~nning October 1, 1999 and!ending September 30, 2000 be amended, a copy of which is attached hereto a~d more particularly identified as Exhibit "A", which are hereby adopted and the[revised appropriations set out therein are hereby made'to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. : Section 2. If any clause, section, or other part of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of th i. ordinance. Section 3. All Ordinances or parts of Ord~ repealed to the extent of such conflict. Section 4. This Ordinance shall be come It was moved for adoption by Councilmem her The motion was seconded by Councilmem ~er being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben Bishop Councihuember Joe Barczyk Councihnember Ed Majcher Councilmember James A. Hill nances in conflict herewith are hereby ~ffective on April 1, 2000. and, upon AMENDED AMENDED GENERAL BUDGET ADJ-CSTME~S BUDGET Revenues $ 7,128,371 $ (29,877) $ 7,098,494 Expenditures $ 7,128,371 $ (29,877) $ 7,098,494 CDBG Revenues $ 1,047 $ (430) $ 617 Expenses $ 1,047 $ (430) $ 617 LOCAL OPTION GAS TAX Revenues $ 460,328 $ 4,200 $ 464,528 Expenses $ 460,328 $ 4,200 $ 464,528 DISCRETIONARY SALES TAX Revenues $1,706,580 $ 6,200 $1,712,780 Expenditures $1,706,580 $ 6,200 $1,712,780 DEBT SERVICE FUND Revenues $ 58,563 $ 128,000 $ 186,563 Expenses $ 58,563 $ 128,000 $ 186,563 CAPITAL PROJECTS Revenues $ 2,565,260 $ 14,900 $ 2,580,i60 $ $ $ 2,580,160 Expenditures 2,565,260 14,900 GOLI* COURSE Revenues $1,376,403 $ 60 $1,376,463 Expenses $1,376,403 $ 60 $1,376,463 Revenues $ 130,880 $ (9,973) Expenses $ 130,880 $ (9,973) /$ 130;880/ MAJOR EQUIPMENT REPLACEMENT FUND Revenues $ 144,000 $ 1,000 $ 145,000 Expenses $ 144,000 $ 1,000 $ 145,000 TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER DATE: APRIL 19, 2000 SUBJECT: 2~r° QUARTER BUDGET REVIEW - M_ARCH 2000 As of March 31, 2000, the status of budgets for the majdr operating funds were as follows: AMENDED RECEIVED/ BUDGET EXPENDED GENERAL Rex~enues $ 7,128,371 $ 3,810,447 Expenditures $ 7,128,371 $ 3,452,589 % OF BUDGET BUDGET RECEIVED/ BALANCE EXPENDED $ 3,317,924 53.5% $ 3,559,741 48.4% GOLF COURSE Revenues $1,376,403 $ 939,397 Expenses $1,376,403 $ 620,380 AIRPORT Revenues $ 130,880 $ 54,534 Expenses $ 130,880 $ 56,919 Highlights of the mid-year s~atus analysis include: $ 437,006 68.3% $ 756,023 45.1% $ 76,345 41.7% $ 72,101 44.9% Overall revenues supporting the General fund are b~ing received as planned. During the first six months, 53.5% of the budgeted revenues were received. The first quarter budget review includes recommendations to decrease overall revenue by $29,877 that consists of a decrease of $100,000 in Electric Utility Service Tax, increases of $8,000 in Propane Utility Service Tax, $38,700 in various permit fees, $25,085 in Federal and State FEMA grants for Hurricanes Floyd and Irene, $548 in a Florida Urban & Forestry C_rrant from prior years, $21,3751 increase in other revenues, consisting of $12,500 in insurance proceeds and $6,575 in reimbursements, $1,500 mterfund transfer from the Law Enforcement Education Trust Fund for Officer Training and a net decrease in appropriations from disaster emergency reserve to fund cleanup, etc, ~rom Hurricane Irene, The General fund expenditures are projected to have a. net decrease of $29,877 resulting from, net increases in expenditures resulting from appropriations made during the second quarter and a net decrease in contingency of $80,889. 2. Special Revenue Funds The Discretionary Sales Tax and Local Option Gas Tax Special Revenue funds are receiving revenue as plarmed, however interest income is comi~ag higher than anticipated. Local Option Gas Tax is recommended to have a net increase of $4,200 consisting of increases of $3,000 in interest income and $1,200 in insurance proceeds, offset by increases in Signalization Supplies of $4,000, Vehicles and Equipment of $2,200 (for a new light pole on Indian River Drive) and a decrease in unappropriated of $2000 for a net increase of $4,200 in expenditures. Discretionary Sales Tax is recommended to have a net increase of $6,200 in interest and a corresponding increase in unappropriated of $6,200. 3. Debt Service Fund Overall, the debt service fund has exceeded expectations due to revenue collections for defaulted assessments. The recommended increase in revenue is $128,000, with corresponding increases in expenditures of $6,139 in debt service and $121,861 in unappropriated. 4. Capital Projects Funds Enclosed with this budget review are capital project status reports. In addition these reports illustrate new projects associated with Hurricane Irene and Floyd. The recommended increase to the Capital Projects Funds is $14,900. 5. Golf Course Fund The Golf Course fund anticipates revenue increases of $60 as a result of higher than expected resident card fees and club storage fees, as well as, rents and royalties and a sale of scrap material. This is offset by a decrease in appropriated prior year retained earnings. The Golf Course Fee revenue has staged a comeback and is eun'enfly exceeding the prior year after heavy rains during the ftrst quarter caused a lag in revenues. Revenue streams for the remainder of the year are expected to be right on target. The Golf Course expenditures are expected to increase by $60 due to reallocation of arid increase in audit fees for production of a Comprehensive Annual Financial Report and an increase in EAP charges to carts division. 6. Airport Fund Overall revenues are being received as planned through the second quarter. Due to receipt of FDOT Grant of $240,000 for the Master Plan, original funding from retained earnings is being reduced accordingly. ~ addition, increased worker's comp fees of $1,500 and a reallocation of audit fees of $27 offset by a decrease of $11,500 in intrafund transfers will decrease the overall budget by $9,973. 2 7. The following project/program improvements are proposed to be added as a part of the 2"d quarter review: R.iverview Park Sidewalk Widening. The City has received donations from the Lion's Club over the past several years with the goal of using these funds to widen the sidewalks at Riverview Park. This project was funded by these donations m the amount of $5,278 with additional funds of $1,822 for a total project cost of $7,100. Interior Painting of Police Department - Deteriorating conditions of some of the walls from water, etc. necessitated the painting of the interior of the Police Department. Council approved this project of $7,800 and is funded with budget savings within the Capital Improvement Projects Fund. Staff has kept well within the adopted budget in all fund continue to monitor and review each position vacancy as it ~~eR. Moore, City Manager to maintain maximum fiscal flexibility. ,tours for service level consequences. Staff will ANALYSIS OF GENERAL FUND REVENUE Overall revenues supporting general fund activities are being received as planned. A total of $3,317,924 or 53.5% of the $7,128,371 amended budget was received during the first six months of the year. Last year 75.6% of budgeted revenue was received in the first six months. TAXES: Real and Personal Property Tax Collections were 87.5% of budget which is higher tha~ fiscal year 1998-99 when 83% of the property tax budgeted was collected. Staff is optimistic, however, that the amount budgeted will be collected by fiscal year end. The Franchise Fees and Utility Service Taxes will need to be closely monitored, .as most of them are 6 - 10% below the 50% collection estimate for the first six months of the year. This is mainly due to timing differences in recording the revenue and the actual cash received, however, we are confident that the revenue budgeted will be realized. We are, however, recommending that the Eleclric Utility Tax be decreased by $100,000 due to lower than expected revenue and an increase in Propane Utility Taxes by $8,000 due to higher than expected revenue. LICENSES AND PERMITS: Occupational and Professional Licenses are being received at the same pace as last year, at 84.4% of budgeted revenues as compared to 87% in the previous year. Construction permitting is significantly higher than the previous year recording 85.3%% of budgeted revenues versus 59% for the same period last year. All permits, except construction, irrigation, zoning fees and plat review fees, have exceeded 100% of budgeted revenue necessitating a recommended increase of $35,200 for various permit sources. Also, we are recommending an increase in revenue for Alarm Permits, now a separate code, of $3,500 for the remainder of the year. ' INTERGOVERNMENTAL REVENUE: During the first six months of 1999-00, the City has received 44.1% of the projected revenue which is 21.1% above last year for the same period. . This is due to timing differences associated with when revenue is recorded and when actual cash is received. The cash receipt received in October is generally associated with revenue received in August and therefore, in accordance with generally accepted accounting principles, would be recorded in the prior year. As such, the revenue (not cash) received in October, 2000 would be recorded in September, thus evening out the revenue recorded. Based upon calculations used during the budget process, we are confident the revenue will be received as budgeted. In addition, reimbursements have been received from the Florida Department of Commumty A_ffa/rs-FEMA. The amounts received were 50% above our projections due to one contract having not been received until February 2000. Therefore, we are recommending an increase of $25,084 to C_rrants-FEMA. This will be offset by a decrease of $25,084 to Appropriations from Disaster Emergency Reserve. The remaining amount appropriated from the Disaster Emergency Reserve reflects the City's 12.5% of the costs associated with Hurricane Irene and Floyd. Also, a Florida Urban & Forestry Grant reimbursed the City $548 for a grant which closed in the current fiscal These funds were spent two on trees at the Barber Street Sports Complex. Therefore, we are year. years ago recommending an increase in this grant line item by $548. GENE1LM.~ GOVERNMENT REVENUE: During the first six months the City has received 52% of the budgeted revenues in this group. This is 51.9% down from the previous year of 79% received during the Same period. In addition, Cemetery lot sales which made up thc bulk of the prior year budget has been less this year at 59.9% of budget as compared to a year ago when it was 138% of budget received. We feel, based upon prior experience that the budgeted amounts will be realized, however, staff will continue to monitor this group ~losely. FINES AND FORFEITURES: During the first six months, 64.8% of revenue had been collected or received as compared to 56% in the prior year. This reflects an increase in traffic citation revenue from 34.3% of budget in the previous year to 66.8% in the current year. . MISCELLANEOUS REVENUES: During the first six months the City has received 110.2% of the miscellaneous revenues budget. We have received additional Insurance Proceeds from various claims filed to include the theft at the PD and recommend increasing this budget by $12,500, accordingly. Various reimbursements made to the City and not associated with any single account have increased substantially (mostly to .do with refunds of expenditures in the prior year as well as equipment costs charged to projects and the enterprise funds). To date, we have received $6,266 and recommend increasing the budget by $6,575 to $9,075. oTHER REVENUE SOURCES: i Pursuant to a request from the Police Department to increase funding for education from the Law Enforcement Education Trust Fund which is funded by 2~a Dollar funds, We recommend increasing the Interfund Transfer from $500 to $2,000. The balance in the account is $5,041. Also, the funds associated with the FEMA funding is recommended to be deducted from the appropriation from emergency reserve and set the amount at the City's 12.5% funding requirement including carry over costs from ~e prior year. The following changes are a summary of the analysis above[and are the net recommended changes to the revenue acooul~tS: Tax~s Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Miscellaneous Revenues Interfund Transfers Non-Revenue Sources 4,265,5( (92,000~ 4,173,850 413,490 38,700 452,100 1,486,9{3 25,633 1,512,576 55,755 0 55,755 113,290 0_ 113,200 247,9~0 21,375 269,334 9,200 1,500 t0,700 536. 510,979 NET RECOMMENDED DECREASE TO THE GENERAL!FUND REVENUES $29,877. ANALYSIS OF GENERAL FI~D EXPENDITURES Most departmental percentages were at or below the 50% level for the six months ended March 31, 2000. Some of the higher percentages are due to encumbrances outstanding, i.e. blanket purchase orders against the budget. In addition, there are additional funding requests included by department. EXPENDITURES: PERSONAL SERVICES OPERATING EX?ENDITURES CAPITAL OUTLAY 14,210 2,910 17,120 6,300 0 6,300 2,860 2,489 5,349 Personal Services - $2,910 represents the referendum authorized change to the City Charter increasing the Council Members salaries and an increase in fringe benefits(social security/medicare). Capital Outlay- Recommended increase for the additional costs associated with the purchase of lapel microphones for the City Council. PERSONAL SERVICES OPERATING EXPENDITURES CAP1TAL OUTLAY 170;239 0 170,239 12,476 124 12,600 1,200 0 ' 1,200 Operating Expenditures - Increases recommended for the City Manager's cellular phone charges at an estiraated $124 per year. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY OTI-IBR 203,786 0 203,786 56,031 0 56,03! 2,000 o, 2,000 4,430 O_ 4,43~ There are no changes recommended at this time. 6 I I ~P. so~ s~wc~s ~,6 ~9 0 oPERATING EXPENDITURES 20,290 {~ 20,280 i c~rr~ oUr~Y 'i 0 o o There are no changes recommended at this time. I i / i ' ' ~so~s~,~o~ z~4,~_~1 0 ~,=~ . OPERATING EXPENDITUREs 57,0~4 4,68261,736 Comprehensive Annual Financial Report as opposed to General PurPose Financial Statements as in past years and I postage increase of $1,200 for bill remittances offset against nOn-departmental. ! PERSONAL SERVICES 121,~54' 0 121,254 OPERATING EXPENDITLTR-Es 40,9~65 200' 41,165 I CAPITAL OUTLAY 6,273 0 6,273 Operating Expenditures - Increase due to additional postagel cOsts for mailings to prospective employees and for I hiring notices and is offset against non-departmental postage I i PERSONAL SERVICES OPERATING EXPENDITLrRBS CAPITAL OUTLAY 278,558 0 278,558 63,158 7,937 71,095 10,882 1,403 12,285 Operating Expenditures - Increase is due to funding of related costs associated with implementation of the Alarm Ordinance of $6,357 which is expected to be offset by $3,500 in alarm permit fees as well as contingency funds, consolidation of postage costs from other divisions, $200 postage offset against non-departmental, and appropriating funds for building repairs associated with leaking faucets. Capital Outlay - Increase is due to costs of networking the Annex to the PD for interface of the Alarm officer to the Police Departments Record section. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY 1,058,493 0 ' 1,058,493 99,503 8,240 107,743 3,690 0 3,690 Operating Expenditures -Net increase associated with an increase in education of $1,000 offset by funding fi:om the Law Enforcement Education Trust Fund, decrease of $60 in postage consolidated with the Administration .Division, and and increase of $7,300 in Repairs and Maintenance - Vehicles which is being funded by decreases in other divisions. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY 281,820 0 281,820 56,607 (5,120) 51,487 17,000 0 17,000 Operating Expenditures -Net decrease associated with $120 Postage consolidation in the Administration Division, a $5,500 over budget in Gas & Oil redesignated to Patrol Vehicle Maintenance and a $500 increase in education funded by the Law Enforcement Education Trust Fund. 8 PERSONAL SERVICES OPERATING EXPENDrlTiRES CAPITAL OUTLAY 266,'_65 (3,000) 263,165 37,610 (1,800) 35,810 3,700 0 3,700 Personal Services - Decrease includes $3000 budget savings used to offset refund of stolen funds. Operating Expenditures - Decrease in ANFALi Transfers for funding of underbudgeted Repairs & Maintenance - Vehicles in the Patrol Division. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY 160,:~21 0:160,521 14,~30 1,559 16,089 2,~10 0 2,810 Operating Expenditures ' Increase includes costs associated with underbudgeted Travel & Per Diem of $200, Sign Shop Telephone costs of $749, Repairs & Mamtenauc~-Vehicles orS110 and an increase in Departmental Supplies of $500' to pick up costs associated with Traffic Technician. PERSONAL SERVICES OPERATING EXPENDrlTJRES CAPITAL OUTLAY 715,~45_ (3000) 712,845 268,978 1,005 · 269,083 13,900 0 13,900 Personal Services - Increase in Project Personal Services/T~ansfers is recommended to be increased by an additional $3,000 (this is a negative amount) due to increased projects performed by the Public Works Crews on Capital Projects. Operating Expenditures - Net increase results from funding Rents & Leases for paYments to the Golf Course for the dirt mad concrete storage area lease, increase in postage ~ffset against non-departmental and Pager Leases derbudgeted by $150. 9 PERSONAL SERVICES 121,061 0 121,061 OPERATING EXPENDITURES 24,915 0 24,915 CAPITAL OUTLAY . 6,700 0 6,70~ Therelll/are no changes recommended at this time. I ~ / PERSONAL SERVICES 123,902 0 123,902 OPERATING EXPENDITUREs 54,257 0' 54,253 CAPITAL OUTLAY ' 1,000 0 1,000 Personal Services - Net change of $0 results from an increase of $500 in overtime offset by an increase in Project Personal Service Transfers of the same amount. PERSONAL SERVICES 297,279 0 297,279 OPERATING EXPENDITUREs 104,408 1,415 105,823 CAPITAL OUTLAY 69,143 0 69,143 Operating Expenditures -Increase results from picking up costs associated with the phone services of $1,355 at various recreational facilities as well as the U.S. 1 medians and underbudgeted Pager Lease costs of $60. 10 ~'UUSO~A~ S~mCUS 7S,~90 0 7S,~90 O3E~T~G E~E~~S 11,480 ~ 11,480 c~n~ O~A~ ~,70o 0 ~,7oo ~= =e n° °~ge~ reo°m~ded at ~s me ! I / , O~T~O ~~~s '~,~f 8,oo~ ~,~ C~~ O~MY 17,323 0 17,323 ~a~g E~di~es - ~creaSe is due to ~ ~e~ected c~g, of $7,920 ~om'~e L~d D,velopmmt Code Consulmts asso,ia~d ~ ~e con, act, howev~, it was ~otl~cluded m ~e o~al budget n~ memb~ed by Proc PBRSON~ SER~CES 231,426 ' 0 231,426 ~ OP~T~G E~E~~S '22,400- 508' 22,908 by ~o~ ~gemmt md a reco~ded postage ~crea~ of $300 offset against non-d~mmt~. Capitol Outlay - ~grease associated M~ co,ts of ~smll~g *mg ~ ~e Buil~g/~o~ M~agmmt B~ld~g. ~, old mg was beco~g a ~d to ci6zms as well as p~el. OPERATING EXPENDITURES INTERFUND TRANSFERS CONTINGENCY 355,112 21,493 376,805 786,950 (430) 786,520 180,164 (80,889) 99,275 Operating Expenditures - Net increase results from a recommended increase of $6,400 in Electricity charges due to underbudgeting, decrease in postage of $2,200 allocated to individual departraents, increase in Printing and Binding of $1,000 for the newsletter insert for the Charter Amendments. In addition, a recommended increase of $13,000 for non-litigation settlements for the return of fuuds to an heiress that was stolen from the PD evidence room (offset by insurance and budget savings in PD Communications) and an increase in Membership Fees of $78. Interfund Transfers - Decrease results from audit fee allocation of $617 which was lower than anticipated due to decrease in expenditures from the CDBG fund. Contingency - The decrease .is the net result of the various budget increases/decreases in both revenue and expenditures in the General Fund. Following is a summary of the General faud Departments and Divisions explained above: l~I~ IDESCRII'TI ] ACCOUNT GENERAL FUND OPERATING EXPENDITURES AND CAPITAL OUTLAY BY DMSION: LEGISLATIVE CITY MANAGER CITY CLERK LEGAL FINANCE HUMAN RESOURCES POLICE DEPARTMENT: ADMINISTRATIVE PATROL DI~SION DETECTIVE DWISION COMMUNICATIONS ENGINEERING PUBLIC WORKS: ROADS & DRAINAGE GARAGE PERSONNEL BUILDING MAINTENANCE PARKS & RECREATION CEMETERY GROWTH MANAGEMENT BUILDING DEPARTHENT NON-DEPARTM]~NTAL TOTAL OPERATING EXPENDITURES AND CAPITAL OUTLAY BY DEPARTIKENT/DM$iON: BUDGET CHANGES [ BUDGET 23.370 5.399 28.769 183.915 124 184.039 266.247 0 266.247 103.919 0 103.919 273.017 4.682 277.699 167.392 200 167.592 352.598 9.340 361.938 1.161.686 8.240 1.169.926 355.427 (5.120~ 350.307 307.475 (4.800) 302.675 177.861 1.559 179.420 997.823 (1.995) 995.828 152.676 0 152,676 179.159 .0 179.159 470.830 1.415 472,245 95.570 0 95.570 261.454 8.003 269.457 275.726 2.902 278.628 1.322.226 (59.826) 1.262.400 7,128,371 (29,877) 7,098,494 NET RECOMMENDED DECREASE TO THE GENERAL FUND EXPENDITURES $29,877. 12 ANALYSIS OF CAPITAL PROJECTS Capi~l projects are proceeding as expected. The following Projects are proposed to be added to the Capital Projects funds. These projects are either projects previously approved by Council or interim program changes authorized by the City Manager in accordance with the Budget Ordinance. Title Amount Riverview Park Sidewalk Widening $ 7,100 Funding OF/DST Comments Donations from Lion's Club mmke up the bulk of the project @ $5,278, with Budget Savings funding $1,822. Police Department Interior Painting $ 7,800 Budget Svgs Council Approved Project via Bid, funded by Budget Savings in CD Fund. 14.900 NET RECO~ED [NCKEASE TO CAPITAL PROJECTS IS $14,900. ]~everlues: ANALYSIS OF CDBG SPEC :CDBG Oraut .0 0 Interfund Transfer 617 Interfund Transfers In - Decrease is due to Audit Fees were less than anticipated due to decrease in expenditures associated with audit. Funded by General Fund. I Expenditures:,i OPERATING EXPENDITURES 1,047 (430) 617 Operating Expenditures - Decrease results from decrease in ~udit fees due to decrease in expenditures associated with audit. ANALYSIS OF LOCAL OPTION GAS TAX SPECIAL REVENUE FUND Revenues: Local Option Gas Tax Other Revenue 453,528 0 453,528 6,800 4,200 11,000 Other Revenue - Increase of $3,000 in interest income duc to higher than calculated interest from investments and insurance proceeds of $1,200 from damaged light pole on Indian River Drive. Expenditures: OPERATING EXPENDITURES DEBT SERVICE INTBRFUND TRANSFERS UNAPPROPRIATED 149;500 6,200 155,700 300,000 0 300,000 4,028 0 4,028 6,800 (2,000) 4,800 Operating Expenditures - Recommended increase of $4,000 to cover unanticipated costs associated with signs that blew down during the Hurricane. Costs of $1,800 have been recovered via FEMA, however, replacement .speed limit signs has increased costs. In addition, cost of light pole replacement of $2,200 partially feuded by insurance proceeds. Unappropriated -difference between increase in interest and insurance proceeds and funding of signalizati°n supplies and replacement of light pole. ANALYSIS OF DISCRETIONARY SALES TAX SPECIAL REVENUE FUND Discretionary Sales Tax 'Other Revenue 1,680,780 0 1,680,780 25,800 6,200 32,000 l~evenues: 14 Other Revenue - increase of $6,200 in interest income due to higher than calculated interest from investments. Expenditures: CAPITAL OUTLAY, INTERFUND TRANSFERS UNAPPROPRIATBD 246,7.! ! 0 246,711 1,434,069 0 1,434,069 25,800 6,200 32,000 Unappropriated- Increase from additional interest anticipated to be em'ned over next six months. ~ANALYSIS OF DEBT SERVICE FUND Revenues: SpeCial Assessments Othm' Revenue 65,000 108,563 63,000 78,000 Special Assessments - Increase recommended for interest eaminUs $3,000, Special Assessments interest $25,000, Special Assessment Penalties for defaulted assessments $35,000, and increase in assessments of $65,000 to increase account for defaulted assessments. ~ Expenditures: OPERATING EXPENDITURES DEBT SERVICE UNAPPROPRIATED !50 156 306 5s,4 3_ 5,9s3 64,39_6 {0 121,861 121,861 Operating Expenditures -Establish budget for postage of $1~6, increase in debt service of $5,983 to original scheduled amount, and establish unappropriated budget for ~dditional revenues from defaulted assessments. 15 Greens Fees 405,000 0 405,000 Cart Rentals ' 630,000 0 630,000 Drivi~jg Range 40,000 O- 40,000 Membership Fees 135,000 ' 0 135,000 Other Fees a~d Sales 69,550 2,835 72,385 Other Fees and Sales - Increase due to Resident Card Fees having exceeded budget for the year by $2,080, Locker Rentals, Rents and Royalties (for mounts due for storage facility) and Scrap Sales has increased by $917 and are recommended to be increased. ' Non-Operating Revenue - Offset of the revenue increase against appropriation of prior year retained earnings except for $60 which is funding small increases in operating expenses. . iii PERSONAL SERVICES 156,490 0 156,49(J OPERATING EXPENDITURES 257,581 45 257,626 DEBT SERVICE 206,980 0 206,980 INTRAFUND TRANSFERS 9,520 0 9,520 Operating Expenditures ' Iucrease results from $45 in additional costs for the FY 98/99 audit fees allocation. , OPERATING EXPENDITURES 526,217 0 526,217 CAPITAL OUTLAY 40,181 0 40,18i INTRAFUND TRANSFERS 100,200 0 100,200 ,lll ll! There are no recommended changes at this time. 16 I Non- orr Projects such I I I I I I I ~evgrlue $; ANALYSIS OF MAJOR EQUIPMENT REPLACEMENT FUND Interftmd Transfers 140,000 0 140,000 ,Other Revenue 4 D00 1,000 5,000 Other Revenue - Increase recommended in Interest Income of $1,000 due to higher than anticipated rates of return. Expenditures: CAPITAL OUTLAY UNAPPROPRIATED 90,000 _ 90,000 54,000 1,000 55,000 Unappropriated - Increase recommended for increase in Interest Income of $1,000 due to higher than anticipated rates of return. 18 Description TAXES LICENSES & PERMITS INTERGVTL REVENUE CHARGES FOR SERViCE FINES AND FORFEITS MISC. REXrBNUE OTHER REVENUE SOURCE TOTAL REVENLrES GENERAl, FUND Quarter T~ (615,043) (2,605,940) (113,729) (276,370) (449,380) (682,606) (19,004) (30,276) (38,041) (69,816) (71,005) (137,137) (8,176) (8,301) (1,314,379) (3,810~447) GENERAL FUND EXPENDITURES Current g~cumbranee REVISED 9IYl)GET (4,265,850) (413,400) (1,486,943) (55,755) (113,200) (247,959) (545,264) (%128,371) 61.1% 66.9% 45.9% 54.3% 61.7% 55.3% 1.5% 53.45% Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL LEGISLATIVE CITY COUNCIL EXP]gNDITURES Quarter Yvar Current REVISED To Date To]Date Engllnlbrance ]}UDGET 3,229 6,459 0 146 536 0 0 0 5,349 3,375 6,995 5,349 14,210 6,300 2,8,60 ~23,370 45.5% 8.5% 187.0% 52.82% Demcrlgtion PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL CITY MANAGER Description PERSONAL SERVICES OPERATING BXPENSBS CAPITAL OUTLAY DEBT SERVICE TOTAL CITY CLERK ~ MANAGER EXPENDITURES To DateQuarter ~ 37,865 i80,771 4,520 6,697 0 0 42,384 [87~_467 CITY CLERK EXPE~I[tTI~ES Current F, ucumbranee Quarter Year 46,617 i99,025 8,995 i20,218 0 ~ 0 1,088 ' 2,178 56,700 22~421 REVISED I)I~GF, T 170,239 12,476 1,200 183,915 Current REVISED Encumbrancl~ BUDGET 47.4% 53.7% 0.0% 47.56% 0 203,786 48.6% 0 56,031 36.1% 0 2,000 0.0% 0 4,430 49.2% 0 266,247 45.60% Description PERSONAL SERVICES OPERATING EXPENSES TOTAL LEGAL Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL FINANCE Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY HUMAN RESOURCE Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL POLICE ADlVlIN Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL POLICE PATROL Quarter Year Current Encumbrance 18,348 39,472 0 448 1~551 0 18,796 41,023 0 FINANCE Y~ar Quarter 43,717 102,452 33,900 39,560 0 1,042 77,617 143,054 RESOURCES Quarter Year Current Encumbrance Current Encumbrance 22,585 41,891 0 7,467 13,868 0 0 0 0 30,051 55,758 0 POLICE ADMINISTRATION Quarter Year 61,026 135,212 8,824 17,035 12,285 12,285 82,135 164,532 pOLICE PATROL REVISED t~UDGET % 83,639 47.2% 20,280 7.6% 103,919 39.48% Quarter Year REVISED BUDGET % 0 214,221 47.8% 1,843 57,054 72.6% 0 lt742 59.8% 1,843 273,017 53.07% 224,164 511,866 24,771 45,712 829 2,000 249,764 559,578 REVISED I~UDGET % 120,154 34.9% 40,965 33.9% 6,273 0.0% 167,392 33.31% Current Encumbrance REVISED BUDGET % 0 278,558 48.5% 969 63,158 28.5% 10,882 112.9% 969 352,598 46.94% Current REVISED EJlgul~raqge BUDGET 0 1,058,493 48.4% 4,619 99,503 50.6% 1,690 3,690 100.0% 6,309 1,161,686 48.71% POLICI~,qTIG&TIVE ~ Deset~otion PERSONAL SERVICES OPERATING EXPENSES CAP1TAL OUTLAY TOTAL POLICE INV. l).cscriptio~t Quarter Year Current REVISED ~ F~ncumbrao~e BUDGET 62,376 li40,552 0 281,820 10,926 i21,865 1,816 56,607 2,231 i 5,744 0 1%000 75,533 1168,161 1,816 355,427 POLICE COMMUNICATIONS Quarter Year Current REVISED To I)ate To 9ate F~ncttolbr~x~ce BUDGET '49.9% 41,8% 33.8% 47.82% PERSONAL SERVICES OPERATING EXPENSES CAP1TAL OUTLAY TOTAL COM]VKINICATIONS Description PERSONAL SERVICES' OPERATllWG EXPENSES CAPITAL OUTLAY TOTAL ENGINEERING 44,624 108,577 0 266,165 40.8% 5,105 12,311 709 37,610 34.6% 0 3,041 0 3,700 82.2% 49,729 fl23,928 709 307,475 40.54% ENGINEERIN(~ Quarter ~ Current REVISED To Date Encl~mbraneg BUDGET 33,906 ~79,268 0 160,521 49.4% 5,594 :9,843 297 14,530 69.8% 0 i 2,808 0 2~810 99.9% ~9.500 ~!,919 297 177,861 51.85% Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL ROADS & DRAINAGE p.~$eription PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL GARAGE ROADS & DRAINAG~E Quarter Year Current REVISED To Date To Date Ei~cumbran~e BUDGET % 152,475 :342,547 0 715,845 47.9% 78,377 !42,276 40,747 268,078 68.3% 0 . 4,085 0 13,900 29.4% 230,852 ~88,908 40,747 997,823 53.08% CENTRAL GARA~G]~ Quarter Year Current REVISED To Date ~ En.¢umbrance BUDGET 25,819 4,274 0 30,093 56,513 0 121,061 46.7% 8,939 450 24,915 37.7% 0 0 6,700 0.0% 65,452 450 152,676 43.16% Des~:rjption PBRSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL BLD6 MAINT D~gripfion PERSONAL SBRVICBS OPERATING EXPENSES CAPITAL OUTLAY TOTAL PARKS/RBC Description PBRSONAL SBRVICBS OPERATING EXPENSES CAPITAL OUTLAY TOTAL CEMETBRY l)_ezcription PERSONAL SERVICES OPBRATING EXPBNSBS CAPITAL OUTLAY TOTAL GROWTH MGMT Description PERSONAL SERVICBS OPERATING EXPBNSBS CAPITAL OUTLAY TOTAL BLDG DEPT Quarter Year 26,143 57,212 10,087 20,713 0 0 36,229 77,924 P AIh~ ~r~ F,C R le~ T~ O~N Quarter Year 65,007 143,079 36,055 52,746 20,839 21,771 121,901 217,596 CEMETERY Quarter Year 16,529 36,230 3,111 6,137 0 8,051 19,640 50,418 fi~ROWTI-I MANAGEMENT Quarter Year 46,987 101,932 17,085 19,798 12,280 12,913 76,3:52 ~ ~134~643 BUILDING DEPARTMENT Quarter Year Current ]~ncumbranee Current Encumbrance REVISED BUDGET % 0 123,902 46.2% 0 54,257 38.2% 0 1,000 0.0% 0 179,159 43.49% REVISED BUDGET % 0 297,279 48.1% 5,985 104,408 56.3% 39~654 69,142 88.8% 45,638 470,829 55.91% Current REVISED Encumbram:~ BUDGET 0 75,390 48.1% 0 11,480 53.5% 0 8,700 92.5% 0 ~ ~95~570 52.75% Current REVISED Encumbrance ]~UDGET Current F.~umhr. an~ 0 210,946 48.3% 0 33,185 59.7% 660 17,323 78.4% 660 261,454 51.75% REVISED BUDGET % 51,271 110,822 0 2,447 4,949 0 17,357 22,313 1,981 71,076 138,085 1,981 231,426 47.9% 22,400 22.1% 21,900 110.9% 275,726 50.80% ' NON-DEpARTMENTaL Quarter Year Current REVISED Description To Date ~ Encoj~brance BUDGET % PERSONAL SERViCES 22,100 66,160 0 118,566 55.8% OPERATING EXPENSES 51,945 1~37,047 9,272 236,546 61.9% OTHER SERViCES 235,258 512,520 0 967,115 53.0% TOTAL GENERAL FUND REVENUf (1,314,379) (3,810,447) 0 (7,128,371) 53.5% TOTAL GENERAL FUND EXPENSE 1,621,030 3,452,589 116,041 7,128,371 50.1% NET REVENUES 306,651 (i57,858) I I CDBG FUND Quarter Year Current 1999/2000 Description To Date To Date Encumbrance ~ % I OTHER REVENUE SOUP, CE (355) (617) 0 (1,047) 58.9% TOTAL CDBG FUND REVENUE (355) (617) 0 (1,047) 58.93% I ' CDBG EXPENDITURES I Quarter Year Current 1999/2000 Description To Date To Date El~umbran~ ~ % I OPERATING EXPENSES 0 617 0 1,047 58.9% TOTAL CDBG FUND EXPENSES 0 617 0 . 1,047 I LOCAL OPTION GAS TAX. I l~OaT VLrND Quarter Year Current 1999/2000 i De,~cripfion To Date To Date Encumbrance ]]ltdg~ TAXES (133,224) (209,542)' 0 (453,528) 46.2% I MISC. REVENUE (4,753) (8,644) 0 (6,800) 127.1% TOTAL P..EVENUES (137;977~: ~ ~,,~2~,!8,186). ,0 (46.0,328) ~:.47~40% I I,~OGT FUND EXPENDITURES Quarter Year Current 1999/2000 I Description To Date ~ Encumbrance ]~igat % OPERATING EXPENSES 42,684 80,438 3,870 149,500 56,4% I CAPITAL OUTLAY 2,200 0 0.0% DEBT SERVICE 150,000 150,000 0 300,000 50.0% OTHER SERVICES 1,007 2~014 0 10z.828 18.6% I TOTAL EXPENDITUI~S 193,691 234,652 3,870 460,328 51.82% I I I DISCRETIONARY S,ALES TAX DST ~UV~ ~',.W~ Quarter Y~ar . Current 1999/2000 Description To Date ~m.[l~ En¢l~mbrance lluxlgat % TAXES (475,770) (736,098) 0 (1,680,780) 43.8% MISC. REVENIYE (12,30~ [23~471) 0 (25~800) 91.0% TOTAL DST FD-ND REVENUE (488,076) ~ 591569) 0 (1,706,580) 44.51% DST FUND E~ENDI~t~ES Quarter Year Current 1999/2000 De~erilltion To Date ~ Ene~mbranc~ ~ % CAPITAL OUTLAY 27,040 :27,040 167,728 (1,680,780) -11.6% OTHEK SERVICES 3587518 717,035 0 (25,800) -2779.2% TOTAL DST FUND EXPENDITUES 385,55,8 44,075 167,728 (1,706,5802 -53.43% DEBT SERVICE FUND DEBT SERVICE REVF~Nule'$ · Quarter ~ear Current 1999/2000 Description MISC. REVENUE (138,933) Q60,924) 0 (58,563) 274.8% TOTAL DEBT SERVICE REVENUE . (138,9~33) .,(~60,92~4) 0 -~. (58,563) 274.79,% DEBT SERVICE EXPENDITUI~ES Quarter year Current 1999/2000 Deseriplion To l)ate OPERATING EXPENSES 162 , 174 0 150 116.2% DEBT SERVICE 64,395 i 64,395 0 58,413 110.2% TOTAL DEBT SERVICE EXP. .. '64,558 "64,570 0 58,563 110.26,~ ' ¢¢ INTERGOVERNMENTAL REVENUE CHARGES FOR SERVICE MiSC. REVENUE OTHER REVENUE SOURCES TOTAL REVENUE GOLF COURSE FUND GOLF COURSE R~VENUE Quarter Year Current REVISED E~t~uJ~br. am:~ B~GET (438) (438) (499,202) (870,831) (31,627) (67,883) 0 0 (531.266) (939,151) GOLF COURSE EXPENDIT_U~E$ ~OLF COURSE ADMINISTRATIVE Deseripfloll Quarter Year 0 (437) 100.1% 0 (1,246,700) 69.9% 0 (102,530) 66.2% (26,736) 0.0% 0 (1,376,403) 68.23% PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY DEBT SERVICE OTI-IBR SERVICES TOTAL ADMINISTRATIVE 35,929 74,843 67,800 131,158 0 650 48,490 48,490 3a510 4,760 155,729 259,901 Current REVISED En/:~llpbra. ll~ BtlDGET GOLF COURSE MAINTENANCE Descr.~on Quarter Year OPERATING EXPENSES CAPITAL OUTLAY INTRA FIIND TRANS TO PROJECTS TOTAL MAINTENANCE 126,982 256,644 15,181 25,050 50,100 152,032 321,925 0 156,490 47.8% 0 257,581 50.9% 0 650 100.0% 0 206,980 23.4% 0 13,681 34.8% 0 40.90% GOLF COURSE CARTa~ Descfip~on Quarter Year current REVISED Encumbrance BUDGET PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL CARTS 8,233 16,868 21,765 21,931 0 0 29,,99~8 , 38,799 TOTAL GOLF COURSE REVENUE TOTAL GOLF COURSE EXPENSES NET REVENUES (531,266) (939,151) 337,759 620,625 093,507) (318,526) 12,864 526,217 51.2% 5,759 40,181 52.1% 0 100,200 50.0% 18,622 666,598 51.09% Current REVISED Encumbrance BUDGET 18,622 0 29,398 57.4% 0 44,225 49.6% 0 800 0.0% 0 74,423 52.13% (1,376,403) 1,376,403 68.2% 46.4% I AIRPORT ~ I AJRPORT R~~ I Quarter Year Current REVISED Description To Date To Date Encumbrance BU~)GET % MISC. REVENUE (28,307) . (54,535) 0 (106,100) 51.4% I 0 i 0 0 (24,780) 0.0% TOTA~O~gArPOgr~VE~rV-~VE~r~SO~¢E ~ (28,30?) i~4,535) 0 (130,887) 41.67% i AIRPORT EXPENDITURES i Quarter Year Current REVISED Descriptio_~ ToDate ~ Eneunlbrance t~UDGET PERSONAL SERVICES 963 2,762 0 17,923 15.4% I OPERATIING EXPENSES 8,803 14,157 375 30,695 47.3% 20,000 ~ 40,000 82,262 48.6% i TOTALINTRA FUNDA.iRPOP~TT1LANSExPEDiTUREsTO PROYECTS 29,7~6 56,919 375 130,880 43~78% TOTAL AIRPORT REVENUES (28,307) (54,535) 0 (130,880) 41.7% I TOTAL AIRPORT EXPENSES 29,766 56,919 0 130,880 43.5% NET EXPENSES 1,459 2,384 I I I I I I I I CITY OF SEBASTIAN CAPITAL PROIECTS FUND 310 AS OF MARCH 31, 2000 Project Nmb, er C9101 C9103 C0101 Description Pump House Addition ~ Cena~tcr~. In-Car Video Systems City Hall R~novation 6,500.00 11,685.00 450,000.00 Current Expenditures 324.49 11,385.00 6,894.92 Prior Balance Year All Years to % Bxpenditures. Bxponditures Complete Complete 6,175.51 6,500.00 0.00 100.00% 11,385.00 300.00 97.43% 6,894.92 443,105.08 1.53% 468,185.00 18,404.4[ _ 6,175.51 24,779.92 443,405.08 ClTY OF SEBASTIAN CAPITAL IMPROVEMENT PROJECTS FUND 320 AS OF MARCH 31, 2000 Curr~nt Prior Project Year Year All Years to % C6201 Side Y~rd Culvert Pipes I00,000.00 11,074.77 20,514.14 31,558.91 7,273.00 61,138.09 38.86% C6202 Elkhara Dam 906,200.00 128,437.)1 178,~48.99 306,986.00 178,256.00 420,958.0~ 53.55% C72~ Y~ht Club R~fi~ 30,347.00 761.~ 4,1~.59 4,886.23 25,4~.W 16.10% C7207 Dmp~-Voeelle ~vmm~ 29,554.00 (5,~6.47) 28,030.28 ~,~23.81 7,430.19 74.86% C8201 Schm~ ~. D~ ~provm~ 462,857.00 115,7~.~0 2~,687.50 380,432.00 82,42~.~ 82.19% C8202 Bloas~ ~ ~~ 198~00.00 0.~0 0.00 0.00 198~00.~ 0.00% C8205 BSSC ~ B~dMg ~v 195,500.00 168,036.4~ 11,675.72 179,712.17 4,673.00 11,I14.83 94.31% C9201 DPW Com~d ~pr~m~ 95,000.00 43,160.~5 25,839.02 68,999.07 2,491.00 23,509.93 75.25% C9202 R~oofShel~ ~ P~ 2,500.00 1,1~.~7 0.00 1,1~.07 1,395.93 ~.16% C9205 ~v~ P~k ~p~$i~ 710,000.00 683,841.42 5,000.00 688,SglA2 21,1~8.58 97.02% C9206 ~buflfl Ma~ S~t Pie 150,000.00 102,836.61 1,~3.82 103,880.43 46,119.57 69.25% ~208 ~ee P~k ~s~om ~W~m~ 5,745.00 380.52 1,118.39 1,498.91 4,246.09 26.09% C0201 S~ M~g~t P~ Up~ 100,000.00 5,~0.00 5,000.00 95,000.00 5.00% C0202 S~ P~k 80,000.00 21.00 21.00 79,979.00 0.03% C0203 F~c~g m V~ous P~ 7,500.00 0.00 0.00 2,178.00 5,322.00 29.~% C02~ Cmpo~d 8~ Sh~ 13,$86.00 388.98 388.98 13,197.02 2.86% ~205 Ya~t Club FMg~ Pi~ & Pi~ 62,000.00 59,458.66 59,458.66 2,541.34 95.90% C0206 Y~ht ~ub Boat ~p 75,~0.00 75,0~.~0 75,000.00 0.~ 100.00% C0207 Obs~fion Tele$c~ 7,300.00 6,896.~9 6,896.89 403.11 C0208 ~ce Si~ 23,~0.00 7,200.~0 7~.00 16~.00 0.00 100.00% ~0212 PD Bufld~g h~or Pm~g 7,800.00 7,800.00 ~30,255.00 [,fi~1,714~3 1,466,341.21 ~8,055.~ 801,663.00 1,309,93636 I I CITY OF SEBASTIAN TKANSPOKTATION CAPITAL PKOJECTS iFUND 330 AS OF DECEMBEK 31, 1999 ! Curr~t Prior Balance i Project Year Year All Years to % ~ Description ~ Expenditures P. xpenditures Expencliture~ Con~plete Co~nplete C7304 Main Street Drainage System 35,555.00 11,083.95 0.00 11,083.95 25,581.05 30.23% C9301 Barber St Bridge Improv 141,000.00 4,350.01 28,500.00 32,850.01 108,149.99 23.30% i C9302 Ail Bridges 202,519.00 70,503.80 7,935.21 78,540.01 123,978.99 38.78% C0301 Median Improvement Program 10,000.00 3,887.11 0.00 3,887.11 5,112.89 38.87% i C0302 Flemiug Street Sidewalk 54,900.00 0.00 54,900.00 0.00% i 455,084.00 89,924.87 3.5,435~2~, 125,351.08 328,722.92 ! ! ! CITY OF SEBASTIAN ROAD PAVING PI~OJECT FUND I ~ 330 AS OF DECEMBER 31, 1999 i Carrent Prior Balance Project Year Year All Years ' to Number Description Budget Expenditures Expenditures Expenditures Complete Complete I C8308 Koad Paving Project 3,304,855.00 543,354.10 332,066.03 875,430.13 2,429,424.87 26.49% ! CITY OF SEBASTLM~ C__~LF COLrRSE PROJECTS - FISCAL YEAR 2000 FUND 415 AS OF DBCBMBER 31, 1999 Project Number Description C9401 Carpeting for Clubhouse C9402 Chemical Room C9403 Waste Areas C9404 Tee Signs/Hole Locators C9405 Cart Paths C0401 Pro Shop & Bag Room Carpet C0402 Seal & Asphalt Parldng Lot C0403 Irrigation System Upgrade C0404 Floyd Damages - Various C0405 Bag Room ~udget 2,500.00 4,000.00 10,000.00 9,000.00 130,000.00 5,000.00 35,200.00 65,000.00 3,520.00 1,000.00 265,220.00 C xrrent Prior fear Year All Yeaxs ~E:~enditu~.es Expenditures Expenditures i 0.00 250.00 0.00 466.61 73,600.02 0.00 0.00 0.00 0.00 261.88 0.00 2,082.08 0.00 466.61 73,600.02 0.00 0.00 0.00 0.00 261.88 76,410.59 Balance to Comple~ 2,500.00 1,917.92 10,000.00 8,533.39 56,399.98 5,0OO.0O 35,200.00 65,000.00 3,520.00 738.12 188,809.41 % Cgmplete 0.00% 52.05% 0.00% 5.18% 56.62% 0,00% 0.00% O.00% O.00% 26.19% CiTY OF SEBASTIAN SCFI-EDULE OF iNVESTMENTS STATE BOARD OF ADMINISTRATION ooo . GENERAL FUND 52.54% 2,964,911.37 LOGT 0.07% 3,733.65 DST 1.27% 71,627.87 DE,BT SERVICE 0.78% 44,173.53 CAP PROJECTS' 3.72% 209,971.74 CAP IMPRO~~NT 10.30% 581,459.14 TRANSPORTATION 3.3 8% 190,460.50 GOLF COURSE 14.66% 827,288.13 GOLF COURSE PROJ 2.33% 131,394.09 AIRPORT 1.34% 75,848.28 AIRPORT PROJECTS 0.62% 35,000.00 CEMETERY TRUST 6.36% 359,023.78 PSETF 0.02% 1,048.31 GETF 0.05% 2,711.69 MF. RTF 2.55% 144,166.16 Sub-total 100% 5,642,818.24 AIRPORT 100% 168,376.51 GOLF COURSE 100% 411,317.61 PAVING LOAN 100% 2,721,610.13 TOTAL 8,944,122.49~~) City of Sebastian, Florida Subject~ Resolution R-00-27 FDOT Agenda No. Joint Participation Agreement/Supemnicom Department Origin: 'City Manager Ap~ for S ub~.~anager D ate Sub mitred: Terrenc~~' t,.~:. For Agenda of: Exhibits: Proposed Resolution R-00-9~7 EXPENDITURE [ AMOUNT BUDGETED: tLEQUIRED: [ . APPROPRIATION REQUIRED: SUMMARY The City of Sebastian has received approval for funding in the mount of $42,500 from the Florida Department 0f Transportation for the purchase and installation of Supenmicom at the Sebastian Municipal Airport. The proposed Resolution R~00-27 authorizes'the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement. RECOMB~NDED ACTION Move to approve Resolution R-00-27, authorizing the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement for the purchase and installation of Supenmicom at the Sebastian Municipal Airport. LRESOLUTION NO. R-00-27 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT' FOR THE PURCHASE AND INSTALLATION OF SUPERUNICOM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has received approval for funding in the amount of $42,500 from the Florida Department of Transportation for the purchase and installation of Superunicom, NOW, THEREFORE, BE IT RESOLVED ~Y THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, .FLORIDA, :hat: Section 1. The City Manager is hereby authorized to execute the State of Florida Department of Transportation Public Transportatidn Joint Participation Agreement as attached hereto as Exhibit "A". ~ Se~tiop ~. All Resolutions or parts of IResolutions in conflict herewith are hereby repealed. · e section 3. This Resolution shall becom effective immediately upon adoption. The foregoing Resolution was moved for adol~tion by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: Mayor:Walter Barnes Councilmember Ben Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward Majcher 2000. ATTEST: The Mayor thereupon declared the Resolutioni and, upon being put into a dully passed and adopted this 10th day of May, CITY OF SEBASTIAN, FLORIDA By: Walt~r Barnes, Mayor Kathryn M. O'Halloran, MMC City Clerk (SEAL) Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Florida Department of Transportation . I ~ Bt.]~H ' PUBLI~ TRJ~48F4~RTATION OI=PIcE I~ AVIATION $~GTION Tx~oMJkB l~. ~bas~n, FL 32958 - . ~~.' ' P~hase and In~ll S~mn~m , E~osed a~ s~ (6) ~pies ~ a J~ Pa~on Ag~m~ (JPA) for to~ pmje~ amou~ is ~2,~,00, ~ ~e ~te's ~ndin9 sha~ amo~fing to $~0,~. (5) ~pi~ am to ~ stg~d and m~med ~ ~is ~ for~er pmceS~.. T~ si~ ~py may be' m~i~d for your files until ~.JPA ~s .been fully exert. · ' We ~11 also ne~ ~ (2) ~pies ~ a Reso~on, ~ odginal signoras, au~o~ing ~e signing ~ ~e ~memenL Bo~ Resolutions and ~m~ must be.~l Piea~ do oot ~l' in the da~s ~ ~e ag~me~ as ~is will ~ d~ ~pon final e~n by Dis~ Se~u. Should ~u have any questions ~a~ing Rebe~ k Rive~ . Avi~ion Spe~alist ' Public Tmnspo~fion Nanw Bungo, Public T~spo~on Manager Ma~h~ J. Thys, Aviation Supewisor STATE OF FLORIDA DEPARTMENT OF= TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION. AGREEMENT FORM ~ PUBUC TRANSP ADMIN 01~00 Page 1 ~f 12 FINANCIAL PROJECT NO.: Fund: 10 FunclJon:, 637 SAMAS Approp: 08871~ 408681-1-94-01 Federal No: _ N/A SAMAS Obj.: 790007 (item-segment-phase-sequence) . Catalog of Federal Deme~ti~: Assistance ' Org. Code: ~5042010428 WPI No; Number: NIA Vendor No: VF596000427008 N/A .Contract No: THIS AGREEMENT, made and .entered into this day of_ ,19 , by and between the STATE OF FLORIDA'DEPARTMENT OF T~RANSPORTATION, an agency of the State of Florida, hereinafter referred to as .the Department, and The City of Sebastian hereinafter referred to .as the AGENCY. WITNESETH~ WHEREAS, the Agency has the authority to enter into s~aid Agreement and to undertake the project hereinafter described, and the DePartment has been granted the a~thority to function adequately in all areas of appropriate jurisdiction including the implementation ~f an integrated and balanced transportation system and is authorized under 332,006 ¢6'~ . '.', FlOrida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covbnants, promises and representations herein, the parties agree as follows: t.00 Purpose of Agreement: The purpose of this ~ement is to PUrchase and install Superunicom. and as further described.in Exhibit(s) -, A,B,C,&- F attached hereto and by this. reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistancetothe Agencyand state the terms and conditions upon which such assistance will be provided .and the understandings as to the. manner in which the p~will be undertaken and completed. I I I I I I I I I I I I I I i i I i I FORM 725030-06 PUBLIC TRANSP ADMIN 01~0 Page 2 of 12 2.00 Accomplishment of the Project: 2.10 General ReqUirements: The Agency shall commence, and complete the project as describedin Exhibit"A" attached hereto and bythis reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and' in. accordance with the provisions herein, and all applicable laws. 2.20. Pursuant to Federal, State, and Local L~w: In the event that any election, referendum, approVal, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to' enter into this Agreement or to undertake the pn3ject hereunder, or to observe, assume or carry.out any of the provisions of the Agreement, the Agencywill initiate and consummate, as provided by law, all.actions necessary with respect to any such maffers so requisite. 2.3'0 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project, 2~40 Submission of Proceedings, Contracts and Other DoCuments: 'The'Agency shall submit to the · Department such data, reports', records, contracts and other documents relating to the project, as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 42.500.00 . This amount is' based upon the estimate summarized in ExHibit "B" attached hereto and.by this reference made a part hereof. The Agency agrees to bear all expenses 'in excess of the total estimated cost of the. project and any deficits involved. 4.00 Department ParticiPatiOn: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 34.000.00 as detailed in Exllibit '~B. ", or in an.amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. .. 4.10'Project Cost Eligibility: Project costs eligible for State participation wiil'be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the' project is scheduled to.be committed; (b) Availability of funds as stated in paragraph i7.00 of this Agreement; · · (c) Approval of all plans, specifications,contracts or other obligating documents and all other terms' of this' Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (is) (is not) applicable. If aPplicable, the Department'may initially pay 100% of the total allowable incurred project costs u.p to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 'Retainage: Retainage ,n.=) (is not) applicable..If applicable,. N/A percent of the Department's total share of participation as .shown in paragraph 4.00 is to be held in retainage to ·be disbursed, at the Department's discretion, on or before the completion of the final project audit. ,6.00 ProjeCt Budget and Payment Provisions: 6,10 The Project Budget.' A project budget shall b'e prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase .or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreem. ent. and is approved by the Department Comptroller. ~ FORM 72~ PUBUC TRANSP ADMIN 01/00 Page3E'12 6.20 Payment Provisions: Unless OtherWise allowed under paragraph 4.20, payment will begin in the yearthe project or project phase is scheduled in the work program as of tile date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7,00 Accounting Records: 7.10 Estabhshment and Mam{enance of Accounting Records: The Agency shall estabhsh forthe project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and- Local Governments", separate accounts to be maintained, within its existing accounting system or establish independent accounts.' Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request iany time during the period of the Agreement and for three years after final payment is' made. : 7.20 Funds Received .Or Made Available for The ProjeCt: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from.the Department pursuant to this Agreement and all otherfunds provided for, accruing to, or oth e~ise received on account of the project, which Department payments and other funds a~e herein collectively referred to as "project funds". The Agency.Shall require depositories of project, funds to secure contlnuouslyand fully all project funds in excess of the amounts insured under federal'plans, or under State plans which have.been approved for the deposit of project funds by the Department, bythe deposit or settln~g aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or.as approved by the Department. 7.30 Costs Incurred for the ProjeCt: The Agency shall icharge to the project account all eligible costs of the ..'pi'oject. Costs in' excess .of the latest approved, budget or attributable to actions which have not received the required approval of the Department shall not be considered e!igi.ble costsi .., 7.40 Documentation of Project Costs:. All costs cha~ed'to the project, including any approved Services contributed by'the Agency or others, shall be supported by properly executed pa~olls, time records, invoices, contracts, or vouchers evidencing in proper.detail the. nature and propriety of the charges. 7,50 Checks, Orders, and Vouchers: AnY check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only In accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpos, t for which Such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other aocountin(. shall be clearly identified, readily accessible, and, to the extent' documents.. i documents pertaining in whole or in part to the project 'easible, kept separate ancl apart from all other such 7,60 AUdit Reports: All federal awards are to be identified using the Catalog oflFederal Domestic Assistance' (CFDA) title and number, .award number, and year, and name of the federal agency with the Financial Project Number (FPN) and.contract.nu Audits shall be conducted underthe guidelines of A-133, Rules of the Auditor General. .a. ckage, and data collection form. State grant and aid funded grants are to .be identified rnber. ~ection 216;349, Florida Statutes, and Chapter' 10.600, For. fiscal years beginning after June 30, 1998, the re {orting packages and data collection forms are to be submitted within the earlier of 30 days after the receipt of the.auditor's report, or 9 months after the end of the subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting I I I I I I o FORM'7254330,06 PUBUC TRANSP ADMIN 01/00 Page 4 ~f !2 4. The Agency shall follow.up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. 5. Project records shall be retained and available.for at least three years after the' final payment. Records related to unresolved audit findings,· appeals, or litigation shall be retained until the action is. completed or the dispute is resolved. Reports of audits conducted .in accordance with OMB Circular A-133, and corresponding, data collection forms shall be sent to:. Federal Audit Clearinghouse ~ Bureau of the Census ', 1201 East 10th Street Jefferson, IN 47132 'and the District Public Transportati°n Office identified in paragraph 8.i0 of this agreement. Reports of audits conducted in' accordance with Section 216;349~ Florida Statutes, and Chapter 10.600 Rules of -.the Auditor General shall be sent to: State of Florida Auditor G,eneral P,O.. Box 1735 . Tallahassee, FL 32302-1735.· · "" and the District Public'Transportation Office identified·in paragraph 8.10 of this agreement.. 7,70 Insurance: Execution of this Joint Participation Agreement constitUteS a certi'fication that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of Its interest in the lost equipment or facility. In the event this Agreement is for purchase of .land or for the construction of infrastructure such as airport, runways the Department ~may waive or modify this section' with 'an EXhibit "C". 8,00 Requisitions and Payments: . 8.10 Action .by the. Agency: In orderto Obtain any Department funds, the Agency shall file With the Department of Transportation, District Four Public Transportation Office3400 W. Commemial Blvd. Ft. Lauderdale,Florida33309-3421its requisition on a form or forms prescribed bythe Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the paYment requisitions. '8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 invoices for any travel expenses shall be submitted in accordance ~vith Chapter 112.06.1, F.S, The Department may establish rates lower than the maximum.provided in Chapter 112.061, Florida Statutes. · ..8.13 For real property acquired, submit; (.1) . the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has.acquired said real property, and actual consideration paid for real property. FORM PUBUC TRANSP ADMIN (3) a statement by the Agency certifying that the appraisal and acquisition of the real property ' together With any attendant relocation of Occupants was accomplished In compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real. property, ,, 8,20 The Department s Obligations: Subject ~o other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to!be proper to ensure the carrying out of the project and payment of the eligible costs, However, notwithstanding anyother i'provision of this Agreement, the Department may elect by notice in wdting not to make a payment on the project if:= . · . . 8:21 Misrepresentation: The Agency shall .have made miSrepresentation.of a-material nature in its application, or any supplement thereto or amendment thlereof, or'in or with. respect to any document oi' data . furnished therewith or.pursuant hereto; ' ' · · · ' 8.22 Litigation: There iS then'pending litigation with .respect to the performanc~ by the Agency of any of its dUties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to .. the project; . · The' ' ' action ' 8.23 'Approval by Department. 'Agency Shall have taken any pertaining to the project. which, under this agreement, requires the approval of the 'Department or has made related 'expenditures or incurred related obligations without having been.advised :by the Department that same are' approved; ' 8.24 Conflict of Interests: There has been any violation of the conflict of interest prOVisiOns contained herein; or ' ' i ' . ' · 8.25' DefaUlt: TheAgencyhasbeendetarmin;dbYtheDepartmenttobeindefaultunderanyofthe provisions of the Agreement. · : . ;' · ' ' .. ' .8'26 Federal Participatl°n (If Appli. Cable):' Any federal agency providing federal financial assistance to the project'suspends-or terminates federal financial assistance to the project. In the event of suspension or' termination of federal financial assistance, the Agency Will reimburse the Department for all disallowed costs. 8,30 Disallowed Costs: In determining the amount ~ the payment, the Department will exclUde all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are n~t provided for in the latest approved budget, for the project, and costs attributable to gO, ods or services received under a contract or other arrangements Which .have not been approved 'in writing by the Dlspartment. · 8.40. Payment Offset: If, after Project completion', any Claim is made bythe Department resulting from an audit o.r forwork o~' services performed pursuant to this agreement, theiDepartment may offset such amount from payments due for work or services done under any public transportation, joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a.breach of contract by the DePartment. ' ' . 9.00 Termination or Sus. pension of.Project: ' , . ' ' 9.t 0 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if by reason of any.of the events or conditions' siSt forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the.commencement, prosecution,.or timely completion of the'project by the. Agency is rendered improbable, infeasible, impossible, or Illegal, the Department will, by written rlotice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased- or been corrected, or the Department may terminate any or all of its obl!gations under this Agreement. ~JBLIC TRANsp ADMIN Page $ ¢~ 12 '9,11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptlyto carryout the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action .as may be required or desirable to keep to the minimum the costs upon.the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the.cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as .is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carded oat in conformity with the latest schedule, plan, and'budget as approved by the Department or upon the basis of terms and. conditions impOSed by the Department upon the failure of the Agenoy to furnish the schedule, plan, and budget within a reasonable time. The approval of a remlffance by the Agency ortho closing out of federal financial participation.in the project shall not constitute a waiver of any claim which the Department' may otherwise have arising .out of this Agreement.' 9.1.2 The Department reserves the right t° unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject tO the provisions of Chapter 119, Florida Statutes and made or received in conjunction with .this Agreement.. 10.00 Remissi°n of Project Account Upon Completion'of Prolog:t: Upon completion of the project, and after. payment~ provision for payment', or reimbursement.of all project costs payable from the project account is made, the Agency. shall remit to the Department its share of any unexpended balance in the project account. ' 11,00 Audit and Inspection: The Agency shall permit, and shall require, its cont~ctors to permit, the Department's authorized representatives to inspect all work, materials,' payrolls', records; and to audit the books, records and accounts pertaining to the financing and development of the projeot. 12,.00 ContraCts of the.Agency: , 12.10 Third Party Agreements: Except as otherwise authorized in writing bythe Department, the Agencyshall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with .anythird' party with 'respect to the project without the wriffen approval of the Department. Failura to obtain such approval shall be sufficient.cause for nonpayment by the Department as provided in.paragraph 8.23. The Department specifically reserves unto itself the right to review the. qualifications of any consultant' or contractor and to approve or disapprove the employment of the. same. 12.20 Complianca with ConsUltants' Competitive Negotiation Act: It is understood and agreed bythe parties hereto that participation by the Department in a project.with an Agency, where said project'involves a consultant contract for engineering., architecture or surveying services,, is contingent on the Agency complying in full with provisions of Chapter287, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection'has been accomplished in compliance with the Consultant's .Competitive Negotiation Act. '. 12.30 Disadvantaged BuSiness Entsrprlse'(DBE) Policy and Obligation: 12,31 DBE Policy: It is the policy of the Department that disadvantagedbUsiness enterprises as defined In 49 CFR Part 23, as amended, sl~all have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 23, as amended, apply to .this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23, as amended, have the maximum opportunity to participate in the perfo .m3ance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all~ FORM TZS.030-~ necessary and reasonable steps in accordance with 49 CFR Part 23,. as .amended, to ensure that the Disadvantaged Business Enterprises have the maximum Opportunity to compete for and perform contracts, Grantees, recipients and their contractors shall not discriminate on'the basis of race, color, national origin or sex in the award and performance of Department assisted cc~ntracts.' 13.00 Restrictions, Prohibitions,Controls, and Labo! Pr°visions: ' ' '13.10 Equal.Employment OPportunity: In connection With the carrying outof any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants! are employed, and that employees are treated dudng employment, without regard to their race, age, creed, color, sex, Or national origin. ,Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer;, recruitment or recruitment advertising; 'layoff or termination; rates of pay or otherfor~s of compensation; and selection fortraining, including apprenticeship. The .Agency shall insert the foregoing provision modified only to show the Particular contractual relationship in all 'its contr;cts in connection with the development or operation of the project,.except contracts for the standard commemial supplies or raw materials, and shall .require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or row materials. When the project involves Installation, construction, demolition, removal; site improvement, or similar work, the Agency shall post, in conspicuous places available to employees .and applicants for employment for project.work, notices to be provided by the Department 'setting forth'the provisions of the nondiscrimination clause. .' ' 13.20 Title VI - Civil ~ghts Act.°f 1964: EXecution of this. Joint. Participation Agreement constitutes a certification .that the Agency will.comply with all the requirements imposed by Title Vi of the Civil Rights Act of 1964' (78 Statute 252), the Regulations of the Federal Department of TranSportation issued thereunder, and the assurance by the Agency pursuant thereto. ' . ' ,; ' ' ' ' ' - ' ' ' 13.30 Title VIII - Civil Rights Act of 1968: EXecutiOn of this Joint Participation Agreement constitutes a certification that'the Agency will comply with all the reqUirement~ imposed by Title VI II of the Civil Rights' Act of 1968; 42 USC' 3601,et seq., which among.other things, prohibits discrimination in housing on the basis of.r'4oe, color, national origin, religion, .sex, disability and familial'status. "i . . 13,40 'Americans' with Disabilities Act of 1990 (ADA): EXecution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal.government issued thereunder, and the assurance by the Agency pursuant thereto. - · 1:3.50 Prohibited In. rests: Neither the Agency~or any of its contractors ortheir subcontractors shall enterinto any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, 'in which any' member, officer, or employee of the Agency during his tenure or for two'yeara 'thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure' any such 'interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the 3epartment, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action.by the Agency.relating to such contract, 'subcontract, or arrangement, The Agency shall i.nsert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insertlin each of their subcontracts, the following provision: '. ' ' ' ,,, No member, officer, .or employee` of the Agency durihg his tenure or for two Years thereafter shall ,have any - interest, direct or indirect, in this contract or the proceeds thereof.".' · The provisions of this subsection shall not be applicable to'any agreement between the Agency and its fiscal depositories, or to any agreement for utility serVices the rates for which are fixed or controlled by a Governmental agency. ' . t3.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the ates sttall be admitted to any share or part of the Agreement or any beneffi arising therefrom. FORte ~ PUI~LI¢ TRAN,.~P ADMIN 01/00 Page 8 of 12 14,00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint.Participation Agreement constitutes a certification bythe Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agencywill be solely responsible for any liability in the event of non-compliance with applicable-environmental regulations, including the secudng of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated orliable hereunderto ' any party other than the Agency. 14,30 When Rights and Remedies Not Waived: In no event shall the making, by the Department Of any. payment to the Agency constitute 'or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and-the making of such payment 13y the Department while any Such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14,40 How Agreement is Affected by prOvisiOns Being Held invalid: .If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainderwould then continue 'to conform to the terms and requirements of applicable law. 14.$0 Bonus or Commission: By execution of the Agreement the Agency represents that it has 'not paid and, also, agrees not to pay,. any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State o'r Territorial Law:. Nothing in the Agreement shall require the Agency-to observe or enforce compliance with any provision the .reof, perform any other act or do any. other thing in.contravention of any applicable State law: provided, that if.any'of the provisions .of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agencyto the end that the Agency may proceed as soon as possible with the project. 14,70 .Use and Maintenance of Project FaCilities and Equipment: The Agency agrees that.the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project'facillties and equipment in good working order forthe useful life' of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical'inventories and develop control systems as required by 49 CFR Part 18, when applicable, 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or'equipment during its useful life.for any purpose except'its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds fro.m the disposal of the facility or equipment. Said proportional amount shall 'be determined.on the basis of the. ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To'the extent provided by law, the Agency shall indemnify, defend, and hold harmless tl~e Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission., or negligent act by the Agency, its agents, or employees dudng the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss,, damage, cost, charge, or expense arising out of any act, error, omission, ornegligent act by the Department or any of its officers, agents, or employees d.udng the performance of the Agreement. ' ~ FORM 725-030436 PUBLIC TRANSP ADMIN Page 9 elf 12 The parties recognize and accept the funding restrictions set forth in'section 339.135(6)(a), and Section 129:07, Florida Statutes, which may affect each of the parties' obligations. ThoSe provisions are as follows: (a) The Depa~'nent during any fiscal year shall not.exPehd money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of.moneyi in excess of the amounts budgeted as available for expenditUre during such fiscal year. Any contract, verbal {3r written, made in vlolationofthis subsection is null and void, and no money may be paid· on such contract. ~he Department shall require a statement from the . Comptroller of the Department that funds are available prior to entering into any such 'contract or other binding commitment of funds. ·Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year., but any contract so made shall be executory only forths value of the services to.be rendered or agreed to be paid for in succeeding fiscal years. Section 339,135(6)(a), Florida Statutes. (b) It is unlawful for'the Board of County Commissioners. to expend or contract for the expendlture in any fiscal year more than the amount .budgeted in each fund's budget, except'as provided herein, and in no case shall the total appropriations of' any budget be exceeded, except as provided ins. 129.06, and any indebtedness contracted for .any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for wh'ich is chargeable to either 0f said funds, shall be null and void, and no suit or suits shall be prosecuted in.any court .in.this State for the collection of same, and .membsrs of 'the Board' of County Commissioners Voting for and contracting for such amounts and the bonds of such. members, of said boards also shall be liable for the excess indebtedness so contracted for..Section 129.07, Florida Statutes, When either party receives a notice of claim for damagers that maY have been caused bythe other party in the performance of services.required ~under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each !other within fourteen ~(.14) working days and will Jointly discuss options in defending the claim~ 15.01:1 Plans.and Specifications: In the e{~ent that this Agreement involves the purchasing of capital, equipr~ent o'r the constructing and equipping of facilities, the Agency shall!submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and speoifications and will issue.tothe Agency written approval, with any approved portions of the projec remainder of the project deemed appropriate. After resolutic Department's satisfaction, the Department will issue to the Ager Failure to obtain, this written approval shall be sufficient caus~ paragraph 8.23. and commentsor recommendations concerning any of these comments and'recommendations to the cy wriffen approval with' said remainder of the project. for nonpayment by the 'Department as provided in 16.00 Project'Completion, Agency Certification: ThelAgency will certify in Writing ob or attached to the final. invoice, that the project was completed in accordance with applicable, plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that' the project is accepted by the Agency as suitable for the intended purpose.' 17.00 AppropriatiOn'of Funds: -, 17.1'0 The State of Florida's performance and obligatic~n to pay under this Agreement is' contingent upon an annual appropriation bythe .Legislature. 17~20 Multi-Year Commitment: In the event this Agree~nent is in excess of $25,000 and has a term for a period of mom than one year, the provisions of Chapter 339.135(6)(aI, Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, ini;ur any liability, or enter into any contract which, by its terms inv01ves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year, Any contract, verbal or written, made In violation of this subsection is .null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available pdorto entering into any such contract or other.binding commitment of funds. Nothing herein contained shall FORM ~ PUBLIC TRANSP ADMIN 01/[30 Page 10pi' 12 prevent the making of contracts for periods exCeeding. 1 year, but any contraCt so made shall be executon/only forthe value.of the services to be rendered or agreed to be. paid for in .s~ceeding fiscal years; and this-paragraph shall be incorporated verbatim in all contracts of the Department.which are for an amount in excess of 25,000 dollars and which have a term for a'pedod of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before May 31, 2002 . If the Agency does not complete.the project within this time pedod, this Agreement wi!l. expire unless an extension of the time period is requested by the Agency and granted in writing by the District ISecretary, District Four ' . Expiration of this Agreement will. be considered-termination of the project and the procedure established in paragraph 9.00 of this Agreements-hall be initiated. i 19.10 Final Invoice: The Agency must submit 'the final invoice on this project to the Department within 120 days after the expiration of this Agreement. InvOices submitted afferthe 120 day time period will qot be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural, All words used in the plural form shall extend to and'include the singular. All words used in.any gender shall extend to and include all genders; 20.00 EXecution of Agreea3ent: This Agreement may be simultaneously .executed in a minimum of two counterparts,, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21,10 Federal: The Agency agrees that no federal appropriated funds have been paid o'rwill be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of CongreSs, an officer or employee of Congress., or an employee of a Member of Congress in .connection with 'the' awarding of any federal contraCt, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency .to any person for~ influencing or attempting to influence an officer or employee: of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participatio.n Agreement, the undersigned shall complete and submit Standard Form-LLL, '~Disclosure Form.to Report Lobbying.,"in accordance with its instructions, The Agency shall' require that .the language of this section be included in the award documents for all subawardsat all tiers (including subcontracts, subgrants, and contracts under grants., loans and cooperative agreements) and that all subrecipients .shall .certify and disclose accordingly. 21,20 State: No funds received pursuant to this contract may be expended for lobbying the LegislatUre Or a state agency.. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, pumhase order or contract specifies otherwise. The Department has 20 (~ays to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received ortho goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3).(b) will be due and payable, in addition to the FORM 725~30-06 PUBLIC TRANSP N~MiN Page 11 ef 12 invoice amount to the Agency. The interest penalty prOvision applies after a 35 daytime period to health care prOviders, as defined by rule. Interest penalties of less than one (1) dollarwill not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because o~ vendor preparation 'errors will result in a delay in the payment. The invoice payment requirements do not start until a propedy completed invoice is provided tothe Department. AVendor Ombudsman has been established within the Departrrlent of Banking and Finance. The duties of this individual Include acting as an' advocate for Agencies who may be experiencing problems in obtaining timely payment(s.) from the Department. The Vendor Ombudsman may be contacted at (90~,)488-2924 or by calling the State Comptroller's .Hotline, 1-800-848-3792, 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been Placed on the convicted vendor list following a conviction for a public entity crime may not submit a.bid'on a contract to provide any goods or services to a public entity, may not submit a bid on . a contract with a 'public entity for the construction or repair of a pUblic building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or 3erform work as a contractor, supplier, subcontractor, or · consultant under a' contract with any public entity, and may not ~ransact business.with any public entity in excess of the threshold amount provided in s. 287.017 for. CATEGORY'I'VVO for a period of 36 months frOm the date of being placed on (he'convicted vendor list." FORM ~ PU~ILIC TRAN,.~P ADMiN 01/~0 Page 12 of 12 WPI' No. N/A Financial Project No. Contract No. Agreement Date 408681-1-94-01 IN WITNESS WHEREOF, the parties 'hereto have caused these presents be executed, the day and year first above written. '" AGENCY .. City of Sebastian FDOT .. COMPTROLLER FUNDING APPROVAL DATE: I' BY:' I TITLE: ATTORNEY DEPARTMENT OF' TRANSPORTATION ATTEST: TITLE: (SEAL) DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: APPROVED AS TO FORM, LEGALITY TITLE: (SEAL) FP No.: 408681-1-94-01 WPI No.: N/A Contract No.: · Agreement Date: · EXHIBIT "A" ' PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an' integral part of that certaintJoint.'Participation Agreement between the' State of Florida, Department of Transportation and [' .. , The City. of Sf~bastian PROJECT'LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Purchase and Install Superanicom: SPECIAL CONSIDERATIONS BY AGENCY:` The audit report(s) required in paragraph 7.60 of the'Agreement shall Include a"Schedule of project assistance that will reflect the Department's'contract number, Financial Project number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding tction and.the funding action from any other 'soume with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A FP No.: 408681-1.94-01 WPI No,: N/A Contract No.: Agreement Date:. EXHIBIT "B" PROJECT BUDGET This. exhibit.forms an integral part of that certain Joint"PartiCipation Agreement between the State of Florida. Department of Transportation and The City of Sebastian IlL TOTAL PROJECT COST: PARTICIPATION:' Federal Partidpation: FA/~ FI'A, UMTA, 'etc, Agency Parficipa'don:', Cash Maximum Department Participation: Primary (DS) ~(DDR) (DIM) (PORT) Federal Reimbursable (DU) (FPA) (DF'fA) Local Reim ~ba'sable (DL) TOTAL PROJECT COST: 0.00% $0 20.00% FP No.: 408681-1-94-01 WPINo.: N/A Contract No.: Agreement Date: EXHIBIT "C"' .(GENERAL.) This exhibit forms an integral Part of that certain j Joint Participation Agreement between the State of.Florida, Department of Transportation and ~ The City o~ Sebastian Documents required t° be submltted to the Department by the AgenCy in accordance with the, terms of this Agreement. I SUBMI'I-rAL/CERTIFICATION BASIS FOR ACCEPTANCE Consultant Selection Compliance Agency Attomey's Certification Design Submittal 90% 100% Construction/Procurement Contracts Safety Compliance Department Comment Department Letter Department Letter - (a) Department Review (b) Agency Certification Release for. Notice To Proceed Annual Audit Reports Department Letter Agency certification Completion per Specifications Agency Certification Plans, $pecifications,' Engineering Reports One (1) set to be sent directly to: Matthew J. Thys Aviation Supen/isor Public Trans portatlon Office, D4 3400 West Commercial Boulevard Fort Lauderdale; Florida 33309.3421 FP No.: 408681-1-94-01 WPINo.: N/A :Contract No.: Agreement Date: EXHIBIT "F" SPECIAL AIRPORT'ASSURANCES . This. exhibit forms an integral part of that certain Joint Participation Agreement .between the State of Florida; De. Partment of Transportation and The City of Sebastian I. GENERAL These assurances shall be complied with in the .performance of master planning, land acquisition, economic development.or capital improvement projects which contain NO federal funds. -. Upon acceptance of this Joint participation Agreement by the sponsor, these assurances are incorporated in and become a part thereof. II. DURATION The terms, conditions and assurances of the grant agreement shall remain in full force and · effect throughout the useful life of the facilities developed or equipment acquired for any airport development project',, but In any event not to exceed twenty (20) years from the date of acceptance of a grant agreement utilizing state funds for the project. However, there shall be no limit on the duration of the .assurances with respect to real property acquired with project funds. II1. 'SPONSOR CERTIFICATION " The Sponsor hereby assures and certifies, with respect to this grant: a. . It has sufficient funds available for that portion of the project costs not paid for by the .State. It has sufficient funds available to assure operation and maintenance of items it will own or control funded under the grant agreement. It holds good title, satisfactory to the Department, to the landing area of the airport o[~ site thereof, or will give .assurance satisfactory to the Department, that good title will be acquired. Ce If an arrangement is made for management and operation of the airport by any agency or ' person other, than the .sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in - accordance with the Federal Airport and Airway Improvement Act of '!982, or successive legislation; 'the regulations and the terms, conditions and assUrances in the grant' .agreement; and shall ensure that such arrangement also requires compliance therewith. ! d. It will adequately,clear and protect the aerial approaches to the airport by removing, lowering, I relocating, marking, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport 'hazards. e, It will make its aiq~ort available as an airport for public use on fair and reasonable terms; I ,f.' It will permlt'no'excluelve rights for the use of the airport by any persons providing, or ' intending to provide aeronautical services to the public, ' , I g. All revenues generated bY'the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local.facilities owned or operated by the owner ~ i or operator of the airport and directly related to the actual aertal transportation .of passengers' · or property, . · · ' , ' · ' h. Once. acComplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport I ,showing (1) boundaries of the airport and all proposed additions thereto,, together with the boundaries of all. offsiteareas owned or controllec by.the sponsor for airport purposes and proposed additions thereto; (2) the.location and nature of all existing and proposed airport I facilities and structures (such as runways,, taxiways, aprons, terminal buildings, hangars and roads), including all. proposed, extensions and .reductions of existing airport facilities; and (3) the location of all .existing improvements thereori~ . I I i I I I I I I , City of Sebastian, Florida Subject: Resolution R-00-28 Highway Beautification Grant Agreement g~O,v~d for Submittal by: City Manager Terrence R. Moore Agenda No. /ft~,/,,~ Department Origin: City Manager Date Submitted: 5-01-00 ForAgenda off 5-10-00 Exhibits: Proposed Resolution R -00-28 EX~ENDI2'X_IRE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: SUMMARY The proposed Resolution R-00-28 authorizes the City Manager to enter into a Highway Beautification Grant Agreement and Landscape Construction and Maintenance Memorandum of Agreement between the City of Sebastian and the Florida Department of Transportation. RECOMMENDED ACTION Move to adopt Resolution R-00-28 authorizing the City Manager to enter into a Highway Beautification Grant Agreement and Landscape Construction and Maintenance Memorandum of Agreement. RESOLUTION ND. R-00-28 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZNG CITY MANAGER TO ENTER INTO A HIGHWAY BEAUTIFICATION GRANT AGREEMENT AND LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICT; PROVIDING FOR-I-'FFECTIVE DATE. WHEREAS, many roadside areas and median strips abutting Department of Transportation rights-of-way areas must be maintained and attractively landscaped; and WHEREAS, the Mayor and City =council desire that the City of Sebastian beautify and improve various rights-of-way areas within Sebastian, Florida; and WHEREAS, the Mayor and City cour~cil of the City of Sebastian wish to authorize the City Manager to enter into a Highway Beautification Grant Agreement and Landscaping Construction a~nd Maintenance MemOrandum of Agreement between the City of Sebastian a~d the Florida Department of Transportation. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: ~ Section 1. AUTHORIZATION. The Mayor and City Council of the City of Sebastian hereby authorize the City Manager to enter into a Highway Beautification Grant Agreement and Landscape Construction and Maintenance Memorandum of Agreement between the city of Sebastian and the State of Florida Department of Transportation. Section 2. The City Manager's Office of the City of Sebastian is hereby directed to send copies of this Resolution to the Department of Transportation and all other, persons as directed by the Mayor and City Council. Section 3. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE, This resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Councilmember · The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 10th day of May, 2000. CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk By: Waiter Barnes, Mayor APPROVED TO FORM AND LEGALITY Rich Stringer, City Attorney SEBASTIAN POLICE DEPARTMENT 1201 Main Street Sebastian, Flodda 32958 Telephone 561/589-5233 FAX 561/589-2207 (24 hr) - FAX 561/388-1872 (Admin.) SUBJECT: Ordinance O-00-t4 Amending Section 110-44 of the Ordinance Code Agenda No. : ~. Department Origin : Police ~ y ~-~'~ Date Submitted : 5/4/2000 Approved .- . ~ ' ' " for Sub--I I.'i~~'~ ~/' ~'~ For Agenda of : F__xh~bits Copy of proposed Ordinance O-00 14 Expenditure Required: ' Amount Budgeted; Approprfatlon Required: None None ' None SUMMARY STATEMENT Section 110-44 of Sebastian's current Code of Ordinances provides that"No boat shall moor or fie up to ar!y municil3al docks or fishing oiere owned by the city exceedin~ a 12 hour lim~ within a 96 hour Deriod." . Today, with the ever increasing use of and demands on the City's boat ramps, docks and piers, the time periods set by the current ordinance are too long. Because boats may be left for such long periods of time, they unduly limit and reduce the docking space available for the many boaters who use these facilities, especially on holidaYs and weekends when the competition for these spaces is especially intense. The new time limits in proposed Ordinance O-00-14, of up to three (3) hours mooring time within any twenty-four (24) hour period, are intended to reduce the congestion at the City's boat ramps, docks and piers, thereby making these facilities more accessible and available for more of the many citizens and visitors who use them, RECOMMENDED ACTION Approve Ordinance O-00-14 on first reading and set a Public Hearing for 6/14/2000. ORDINANCE NC,). O-00-14 · AN ORDINANCE OF THE CITY OF SE3ASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 110-44, PERIOD OF MOORING TO MUNICIPAL DOCKS AND PIERS; PROVIDING FOR CONFLICTS; PD~EV. iDING FOR SEVERABIUTY; PROVIDING FOR AN EFFECTIVE WHEREAS; the Chief of Police of the City of Sebastian, .for better enforcement ability, has recommended that the time of boat mooring to hiunicipal docks and piers be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITy COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ~as follows: Seqtion 1. That Section 110-44 of the Code of Ordinances of the City of Sebastian, Florida is hereby amended to read as follows: Sec. 110-44. Period of mooring to municipal docks and piers. (a) No boat shall moor or tie UP to any municipal docks or fishing piers owned by the city exceeding a ~ three (3) hour limit, within a 96 twentv- four ~4} hour period. ~ ~ ' I ~ ,% i " ...... 'te . (b) TY1~--hie~pf p~plice ia euth0ri~,e~d tm p~ost indic~tipg such. tin~s's, hal115p pb, sted On the ~d°cl~ a~d~l~.~i~g to stYe'the intent ~ th'S~e~e~ '~ ~-~ ~ Section 2. CONFLICT. All ordinances ~r parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event ia court of competent jurisdiction shall hold or determine that any part of this Ordinance is inValid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and Sectior~ 4. EFFECTIVE DATE. This Ordinance shall take effect upon The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember the vote was as follows: Mayor Walter Barnes Councilmember Ben A. Bishop Councilmember Joe Barc. zyk Councilmember James Hill' Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this day of ,2000. CITY OF SEBASTIAN, FLORIDA adoption. and, upon being put to a vote, ATTEST: By: Walter Bames, Mayor Kathryn M. O'Halloran, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian, Florida Subject: Lease Agreement Between Agenda No. Orth Aero Services, Inc. and the City of Sebastian Department Origin: City Manager Date Submitted: 5-04-00 For Agenda of: 5-10-00 ' Exhibits: Proposed Airport Lease Agreement between Orth Aero Services, Inc. and the City of Sebastian EXPENDITURE AMOUNT BUDGETED: APPi~OPRIATION REQUI2tED: N/A N/A REQ~: SUMMARY For your review, the attached proposed Lease Agreement between Orth Aero Services, Inc., and the City of Sebastian, outlines certain terms and conditions, consistent with or in support of aviation activity. RECOMMENDED ACTION Move to authorize the City Manager to execute the Lease Agreement between Orth Aero Services, Inc., and the City of Sebastian. AIRPORT LEASE THIS LEASE, made and entered into this , day of May, 2000, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Flonda, (hereinafter referred to as the Landlord"), and ORTH AERO SERVICES, INC. (hereinafter referred to as the "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties". ' WITNES SETH: I WHEREAS, the Landlord is the owner o~ certain propelty located in the County of Indian River, Florida; and WHEREAS, the certain property constitutes a portion of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); ~nd WttEREAS, the certain property is available for aviation and industrial use for those activities consistent with or in support of aviatiOn activity; and WI-IEREAS, the Landlord has agreed to l~ase such property to the Tenant subject to certain terms and conditions; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; NOW, THEREFORE, in consideration oi the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby i acknowledged, the parties have agreed as follows: 1. I~ECITALS. The above stated recital~ are hereby incorporated by reference in this Lease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinat'cer, the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that portion of the real property of the Landlord which is described more particularly as a tract with an area of three acres, more or less, bounded on the east by the airport taxiway and on the west by a line extending from the easternmost fight-of-way line of Airport Drive West, as represented on the attached Exhibit "A". As part of the current project to update the Airport Master Plan, Landlord shall commission a survey of the premises described above, which surveyed lands shall constitute the actual Leased Premises, and a copy of said survey shall be attached hereto as an Addendum. Additionally, Tenant shall have a right of first refusal on the lease of the three acres contiguous to the southernmost boundary of the Leased Premises 3. TERM OF LEASE. (30) years commencing anniversary of such date. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) For the leased premises the yearly rent shall be nine cents ($.09)per square foot as determined by the survey of the Leased Premises, however, until completion of said survey the rent shall be based upon a three acre parcel and adjustments shall be made following receipt of the survey to reconcile past rent with the exact land area. The parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In June of 2005, the Landlord will compare the most recent price index with the base price index for May 2000, and the yearly rent mount shall be increased based upon changes in the price index, if appropriate, on July 1, 2005. Another such adjustment shall be undertaken under the same methodology every fifhh year thereafter until the termination or lapse of this lease. In no event, however, shall the rent decrease below the square footage price of nine cents. The initial term of this Lease shall be for a period of thirty' , 2000, and will end on the thirtieth (30th) (b) The above rental for the leased premises shall be payable in advance, in quarterly installments, commencing from the date of commencement of this Lease, as described in Section 3 (above) and on a like day of every quar:.er thereat~er during the term of this Lease. However, until a certificate of occupancy is issued for the initial hangar to be constructed at the site, but in no event for more than the initial twelve months of the term hereof, Tenant shall only be charged rem upon one acre of the parcel. ~ (c) DISPENSING FUEL. As additional rent, Tenant shall pay to the Landlord two cents (2¢) for every gallon of aviation fuel sold by Tenant. Said payments shall be made at the time of paying rent, shall be itemized and shall be a~companied by a copy of the fuel consumption reports, or such other relevant docun~ents requested by Landlord, for the subject time period. Landlord shall have a fight to audit Tehant's financial records relating to fuel sales upon seventy-two hours written notice. ~ (d) In addition to the rental amount, the Tenant shall pay Florida sales tax, if applicable. (e) Time of the essence. The Tenant a~ees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. In the event that any rental payment due hereunder shall not be paid within five days of when due, Tenant shall pay Landlord a late payment fee Cf 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. 5. RENEWAL. During the twenty-sixth year of the term, unless waived in writing by Tenant, Landlord shall commission a certified real estate appraiser to Place a valuation on the Leased Premises, including all improvemenls thereupon except those constructed by Tenant after the ~st twenty years of the term of this lease, and establish a rental value for the same. Within sixty days after delivery to Tenant o! the appraisal, Tenant may exercise either of the following three options: A. Accept the rent valuation therein Md offer in writing to enter a nonassignable, nonrenewable lease ~xtension agreemem for up to thirty additional years in accordanc~ with the terms herein except applying the new base remal atnouflt; B. Give notice of its intent to commission a second appraisal by a certified real estate appraiser. 1. If said appraisal results in a rental valuation within ten percent (10%) of the initial appraisal, the figures shall be averaged. 2. If a disparity of greater than ten percent (10%) results, the respective appraisers shall confer and attempt to negotiate a compromise valuation. 3. If no compromise results, said appraisers shall jointly submit the name of a qualified appraiser to the parties who shall then jointly commission an appraisal therefrom. Said appraisal .value will be used as the relevant figure if it falls between the values of the first two appraisals. If the value thereof falls outside the range of the first two appraisals, the relevant value shall be derived from averaging the three appraisals. Within thirty days of establishment of a rental value as set forth above, Tenant may exercise either option contained in subparagraphs A and C hereof. C. Give notice of its intent to allow the lease to expire at the end of the thirty year tenn. If'Landlord does not accept an offer to enter into a renewed lease, the lease shall expire at the end of the thirty year term, but the rent for the final three years of the lease shall be waived as additional consideration to Tenant for improvements therea~er. 6. IMPROVEMENTS TO TI-IEPREMISES. relinquishing ownership of all site The Landlord acknowledges that the Tenant is leasing the premises as a full service FBO within the meaning of Fla. Stat. 196.012 for the primary purposes of a base of operations for aerial applications of pesticides and potential rental of hangar space, and providing aircraft-related services, including refurbishing airplanes, and that in order to utilize the leased premises for this purpose, it will be necessary to construct improvements upon the leased premises. It is agreed that Tenant shall have the right to place a construction trailer/temporary office at the leased premises upon execution of the lease, that the City shall take such steps necessary to allow utility service to said trailer, and the same may remain at the site until thirty days following issuance of the certificate of occupancy for the initial hangar thereupon or expiration of a building permit for the same. (a) The Tenant shall have the fight t° use.the leased premises for any lawful purpose described in Section 7 hereof; and shall have the Cght to construct upon the leased premises any buildings or other structures, provided any suc~h buildings or structures do not in any way curtail the use of the airport facilities in thek usual operations and provided further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the FAA prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration ("FAA"). (b) The Tenant shall indemnify, defend ~nd hold the Landlord harmless .from any claims, losses, damages or liens arising out of the construction of any such buildings or structures. (c) All buildings, structures and fixtures of every kind now or hercat~er erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all imProvements shall, Upon the termination of this Lease for any reason, be free and clear of all encumbrances, hens4 and title defects of any kind. A fixture shall be defined as an article Which was a chattel, but which, by being physically annexed or affixed to the realty by t¥ Tenant and incapable of being removed without structural or functional damage to the' realty, becomes a part and parcel of it. Non-fixture personalty owned by the Tenant at the, expiration of the term or earlier termination of this Lease, for any reason, shall continue to b~ owned by Tenant and, at its option, may remove all such personalty, provided the Tenant is not then in default of any covenant or ondition of this Lease, otherwise all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at its expense. 7. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. The Tenant agrees that the leased premises shall be used by the Tenant primarily for the purposes of a base of operations for aerial applications of pesticides and potential rental of hangar space, and providing aircraft-related services, including refurbishing airplanes. Any use of the leased premises other than those specifically stated above are expressly 'prohibited without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. All aeronautical businesses and activities must be certified and licensed by the FAA in the appropriate categories of their specific operation and shall be in compliance with local field rules. 8. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any part thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof) and the parking and service areas located on the leased premises in a good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises be kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may not be unreasonably withheld, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or ~renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and h ld the Landlord harmless from any clairns, losses, damages or liens arising out of or in mY way connected with such additions or renovations. 9. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service or any other ufflty or service consumed in connection with the leased premises. The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 10. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection~, The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 11. TAXES. The Tenant shall pay du~ng the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment a~d other property located in, or upon the leased premises. All shall be paid by the Tenant off a timely basis and receipts therefor shall be provided to the Landlord upon request. 12. LIABILITY INSURANCE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive public, liability insurance coverage with respect to the leased premises, including thbse portions of the said premises used for driveways, walkways, and parking areas. The iflsurance coverage to be maintained by the Tenant shall contain limits of not less than $500,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident, together with $500,000.00 for damage to property. Tenant agrees that, should ttlere be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease yresolution of the City Council of the City I I I I I I I of Sebastian. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph 12 shall comain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 13. PROPERTY, FIRE AND EXTENDED COVERAGE INS~CE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage equivalent to at a minimum the greater of the assessed value of the improvements to the Leased Premises or any outstanding encumbrances for said improvements. Upon request, the Tenant shall provide to the Landlord prove as to a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the buildings and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which'have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. All policies described in this Paragraph 13 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the evem that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within ~rty days of notice of the same. / 14. DAMAGE OR DESTRUCTION OF ~IPROVEMENTS BY FIRE OK OTHER CASUALTY. In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, ~he Tenant, at its option, agrees that it will cause said building and/or other improvements to ~e replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rem for the period of time more than 80% of the principal building, if any, is unusable. In the event the Tenant elects to repair and/or replace the building and other improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have mY responsibility or obligation to make any expenditures toward the repair and/or replacemenl~ of the building and other improvements on the leased premises. Provided, however, that all repaired and/or replaced building and other improvements are repaired/replaced in a r~anner equal to or better than the building/improvement being repaired or replaced. I (a) If the Tenant, under its option, elects nbt to repair and/or replace the building and improvements upon the leased premises, the LandlOrd shall have two options: (1) To continue to Lease if less than allithe improvements are destroyed; if the Landlord elects to continue the Lease, the Landlord shall be entitled to any of (2) the insurance proceeds on account of such damage and/or destruction, after payment of any outstanding mortgages attached to and occasioned by construction of said improvements, i such proceeds to be the sole property of the Landlord; or To cancel the Lease; if the Landlor~l elects to cancel the Lease, the Landlord shall be entitled, after paymem of any outstanding mortgages attached to and occasioned by construction of said improvements, to any insurance proceeds / paid as a result of such damage and~or destruction to the building and other improvements on the leased premis Co) In the event the Tenant, under its o1: building and improvements upon the leased prer don, elects not to repair and/or replace the rises, the Tenant shall, at its sole expense, remove all remaining portions 0fthe damaged or destroyed building and improvements and all rubble or debris resulting therefrom. 15. INDE~CATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, cl~-ns, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph 15 shall survive the termination or cancellation of the Lease. 16. ENV~ONME~ MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant or its sub-Tenants. The presence of said substance or materials on the leased premises shall raise the presumption that Tenant is the cause of such presence. This Paragraph 16 shall survive the termination or cancellation of the Lease. It is agreed that Tenant will pay for a Level I environmental assessment of the premises prior to construction. In the event that said assessment reveals conditions which mandate a Level H or further assessment, payment for such further studies shall be the responsibility of the Landlord. 17. PREVENTION OF USE OF TI-IE PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section Seven of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Tenant may terminate this Lease by giving Landlord fifteen days notice in writing. If during the first twenty-five years of the term hereof Landlord enacts any role or regulation, either directly or through an entity to which it delegates or cedes its authority over the airport, which prohibits use of the Leased Premises as a base of operations for aerial application of pesticides and herbicides, the Tenant may terminate this Lease by giving Landlord fifteen days notice in writing. Within fifteen days of said termination, Landlord shall commission a M.A~I. certified appraiser to perform an appraisal of the fair market value of any hangar constructed at the site by Tenant. Landlordl shall pay to Tenant the fair market value so determined within thi~ days of receipt of said appraisal. The parties acknowledge that the of this paragraph are entered into in lieu of all other legal remedies and procedures provisions available to the parties concerning a change to this iallowed use of the premises during the term of the lease, including an action in inverse condemnation, and all other such remedies are hereby specifically waived by the parties. 18. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminem domain by another governmental agency, the compensation or proceeds awarded for the taking of the land, building and/or improvements on the leased premises shall belong to the Landlord, subject roi payment of any mortgage attached to and occasioned by construction of said improvementsl If the taldng is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be temninated. Nothing herein shall prevent the Landlord[ and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 19. GovEKNMENT SEIZUKE. In the ~vent the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport Which results in the Tenant being unable to ! operate under the terms of the Lease, then the Le~se may be extended upon mutual agreement of the Tenant and the Landlord for an additional deprived of the value of this Lease. If the d consecutive days, either party, at its sole diserefim 20. LANDING FEES. Landing or any et by Tenant are specifically prohibited by this Ag property owned by the Landlord located at the Akport )eriod equal to the time the Tenant has been aration of the seizure exceeds ninety (90) may terminate this Lease. aer type of use of runway fees being charged cement, so long as all other tenants of the are prohibited from charging any such 11 fees, as the use of the Airport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 21. DEFAULT IN RENT. If any of said sums of money herein required to be paid by the Tenant to the Landlord shall remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) Total acceleration. To accelerate the maturity of the rent installments for the balance of the tenn. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all unmatured rent installments presently due and payable. (2) Partial acceleration. In lieu of the option in Sub-paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect · the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies. In addition to the option herein granted above, the Landlord may exercise any and all other options available to it hereunder or under law, which options may be exercised concurrently or separately with the exercise of the above options. 22. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (k) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease, other than the payment of rent; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any consideration required by this Lease, other than the payment of rent; (d) The taking of the leasehold interesx of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenants abandonment of any ~ubstantial portion of the leased premises. "Abandonment" shall be reasonably determined by ~he Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or Substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the propemy whic~ is not released of record within thirty (30) days of the date it. is initially recorded in the PubliclRecords of l. ndian River County. Each party covenants and agrees that it haS no power to incur any indebtedness giving a right to a lien of any kind or character upon thi right, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through ~r under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by thi~ provision of this Lease. Should any such lien be filed, the Tenam shall discharge the same b~ payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the Landlord's estate under the provisions of the FlOrida Statutes, or any subsequent revisions thereo~, (i) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder; 13 (j) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts a through j, above, or the payment of rent. Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to perform any condition imposed herein upon the Tenant other than the payment of rent, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days from the date notice is sent by the Landlord within which to remedy or correct such default. 23. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and tenant. 24. NOTICES AND REPORTS. Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: LandlOrd: Tenant: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Orth Aero Services, Inc. Attn: Robert Orth 662 Azalea Lane Vero Beach, FL 32963 provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 25. RIGHT TO INSPECT. The Landlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final sixty (60) days of the lease terra or at any time at, er either party has notified the other that the Lease will be terminated for any reason. No authorized entry by the Landlord shali constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation 0fthe Landlord or create any fight in the Landlord adverse to the interest of the Tenant hereUnder. 26. OWNEKSi-I]~ OF TKADE FIXTURES, SIGNS AND PEKSONAL PROPEKTY. .4,t the expiration of the Lease, any and all trade fi~ures, signs and personal property, used by the Tenant in the operation of its business, on th~ leased premises shall remain the Tenant's sole property and the Tenant shall have the right t6 remove the same provided any damages in removal are repaired by the Tenant at Tenant'~ sole cost. However, any such property remaining on the Leased Premises more than f:flte~ days after said expiration shall be deemed the property of Landlord In case of breach of this Lease by the Tenant, or' the termination of the Lease, or any ex-tension hereunder, that may be granted, the, Tenant agrees to immediately surrender possession of said facilities, and all the buildings, edifices, etc. that are constructed by or on behalf of Tenant. The facilities, buildings, edificeS, etc. shall then become the property of the Landlord. 27. HEIGHT/HAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of str~cmres, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, roles and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircrat~, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 28. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does .hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of; or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. 29. AS SIGNMENT AND SUBLETTING. ~ The Tenant shall not assign this Lease or sublet the leased premises or any portion thereo~ or otherwise transfer any right or interest hereunder without the prior written consent oflthe Landlord, which consent may not be unreasonably withheld. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions iofits Lease. 30. BINDING EFFECT. The terms and Provisions of this Lease shall be binding on the parties hereto and thek respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. It is acknowledged that the validity of said lease is subject to its approval by the Federal Aviation Administration. 31. APPLICABLE LAW/VENUE. in lhe event of litigation arising out of this writing, venue shall be in Indian River County, Flbrida and the terms of this Lease shall be construed and enforced according to the laws of,the State of Florida except to the extent provided by Federal law. THE PARTIES HERETO) SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH LEGAL pROcEEDING. 32. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled lo an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevail~ ~g rates of private attorneys in the venue. 33. RECORDING. In no evem shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 34. MISCELLANEOUS. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the mount of and the value thereol, together with interest thereon, shall be secured by this Lease, and shall be promptly due an rl payable to the Landlord. 17 Ail delinquent payments to the Landlord shall bear interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faith_rial performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by the Landlord shall constitute the property ~;f the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. 35. ENTIi~E AGREEMENT. This Lease contains all of the understandings by and between the parties hereto'relative to the leasing of the premises herein described, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrumem, which may be mended, modified, altered, changed, revoked or rescinded in whole or in pan only by an instrument in writing signed by each of the parties hereto. llq WITNESS WHEPdEOF, the parties hereto have set their hands and seals the day I and year first above written. . ATTEST: CITY OF SEBASTIAN I A Municipal Corporation ! By: ' Kathryn M. O~alloran' CMC/AA-E Terrence R. Moore, City Manager I City Clerk. Approved as to Form and Legality for I Reliance by the City of Sebastian only: I ! Orth Aero Services, Inc. I Corporate Seal: ~Y: ~ob~n o~ ~i~"~ I I ,