HomeMy WebLinkAbout05051993I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COU-NCIL
WORKSHOP MEETING
WEDNESDAY, MAY 5, 1993 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. AGEND~ MODIFICATIONS ~AND/OR DELETIONS).
ANNOUNCEMENTS
pUBLIC INPUT ON AGENDA ITEMS
Please Note~ Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
7. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
i~YOR ~ ~COIINCIL MATTERS
A. Mr. Robert Freeland
i - 2
11.
92. 317
3 - S
93.050
9 - 10
91.118/
93.156
11 - 54
93.152
55 - 60
93.122
61 - 78
93.157
79 - 84
B. Mayor Lonnie R. Powell
C. Vice-Mayor Frank Oberbeck
Do
Mrs. Carolyn Corum
(Memo - Scrub Land Tour)
E. Mrs. Norma Damp
CIT~~ MATTERS
CITY K~NAGER MATTERS
WORKSHOp
ae
Proposed Tree Protection Ordinance (Staff
Recommendation dated 4/29/93; Brevard County Tree
Application)
Riverview Park Conceptual Design (Brad Smith)
(Staff Recommendation dated 4/29/93; Riverview
Park Conceptual Master Plan - Enclosed, not part
of package)
Airport Land Lease (City Manager Recommendation
dated 4/28/93; Nash letter dated 3/31/93 w/22
page lease; Price letter dated 4/20/93; Price
letter dated 11/16/92; McClary "Airport Leases"
dated 1/25/93; McClary "Analysis of Per Acre
Airport Rentals" dated 4/20/93; WHS Airport
Master Plan dated August, 1992 Pages RS-l, R8-2,
Tables 8.1A, 8.1B, 8.1C; J~A "Lease Rates" dated
4/27/93; R-86-4A dated 1/15/86 - $3 only;
Jacksonville Port Authority "Survey of Florida
Airports" page 1 & 5 only; Vero Beach Municipal
Airport "Rate Study" dated 3/15/93 - 23 pages on
file in City Clerk's Office; Armfield-Wagner
Appraisal & Research, Inc. appraisal report dated
12/4/93 - 143 pages on file in City Clerk's
Office)
Utilities Rate Resolution (Staff Recommendation
dated 4/29/93; Letter dated 4/27/93 to Mayor
Powell & City Council and page from the "Schedule
of Water and Sewer Rates, Fees and Charges")
Proposed ordinance No. 0-93-12 and Resolution No.
R-93-17 - Cemetery (City Clerk Recommendation
dated 4/22/93; Ordinance O-93-12; Resolution
R-93-17)
Personnel Department Activities & Goals (Staff
Recommendation dated 4/29/93; Widmann memo dated
4/28/93)
12. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
i City of Sebastian
POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
TO:
FROM:
SUBJECT:
DATE:
Mayor
City Council
City Manager
Director Community Development
Carolyn Corum
Council Member
Scrub Land Tour
April 29, 1993
Scrub land is an issue in our city. This is an invitation to the
Council to visit a scrub site. Sebastian has the best remaining
scrub in the County and this Council will be deciding on scrub
issues.
SCRUB SITE VISIT
INVITATION
TIME: lO:OO A.M. TO 12:30 P.M.
DAY: A TUESDAY OR WEDNESDAY IN MAY
(MAY 5, 11, 12, 18, 19, 25, 26)
(Please bring your calendar to workshop)
ATTIRE: Cotton Shirt, Shorts and Sneakers
(Sunscreen and hat if sun-sensitive)
I City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 (:3 FAX (407) 589-5570
SUBJECT: TREE PROTECTION PROPOSAL
Approval for Submittal By:
City Manager /~
) Dept. Origin: Community Development
) (SC)/~~
) Date Submitted: 4/29/~,,~ ....
)
) For Agenda Of: 5/04/93
)
) Exhibits: Brevard Co. Tree Application
)
)
)
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
SUMMARY STATEMENT
At its regular meeting of February 10, 1993, the City Council reviewed
Ordinance 0-93-06 but, postponed setting the public hearing and asked staff
to strengthen the proposed tree ordinance to preserve existing trees on
I heavily treed lots.
Between staff, Planning and Zoning and citizens, seven (7) brief options were
presented to City Council at their regular meeting of April 14, 1993 and due
to lack of time, the item was deferred until this workshop meeting. In the
Drier time City Council did discuss these options, staff and a group of
citizens have formulated a new proposed option which incorporates concepts of
the Brevard point system, Option #5, Option #6, and Option #7. Utilizing
Ordinance 0-93-06 as the foundation of the tree ordinance, this option or any
other option can be incorporated to complete the tree ordinance.
Page 2 New Proposal
MINIMUM TREE REQUIREMENTS
Prior to the issuance of a land clearing/tree removal permit,
the Building Department must verify the category of the lot
and the total amount of trees (measuring 4" diameter and
over), up to 40 trees.
Existing Trees
4" Diameter
and Over
Category
Existing Tree
Preservation
Required*
Minimum
Diameter
Required
for Planting
0 - 7 Semi-treed 25% 1 1/2"
8 - 27 Treed 25% 2"
28 and over Heavily Treed 25% 4"
*Fractions to be rounded to higher whole number.
Each residential lot, (single family and two family) shall
retain 25% of the total number of existing trees (4" diameter
and over) up to 40 trees with the maximum required being ten
(10) trees. In addition to this requirement, every lot must
have a minimum of seven (7) trees. All trees planted to meet
this requirement must meet the minimum diameter requirement
based on the lot category.
Credit for existing trees will be allowed based on the
diameter or type of trees as follows:
4 inch to 12 inch diameter ......... 1 Tree Credit
13 inch to 18 inch diameter ......... 2 Tree Credits
19 inch to 24 inch diameter ......... 3 Tree Credits
25 inch and over .................... 4 Tree Credits
Each Palm Tree
(regardless of diameter) .......... 1 Tree Credit
Prohibited trees cannot be used for tree calculation
purposes. The diameter will be measured between 4 and 6 feet
above the grade level.
Regardless of the number of lots utilized for the
construction site, each individual platted lot will be
required to meet the minimum tree standards for that lot.
Page 3
Examples of the usage of this new option are as follows:
Example 1. {Semi-treed category} A lot has four trees over 4" in diameter.
The proposal would require one tree (25% of the four trees over 4") to be
saved. If the owner saves all four trees, they would still have to plant
three trees (1.5" minimu~ diameter) to meet the minimum seven trees required.
If the owner must remove all four trees , they must plant seven (1.5" minimum
diameter) trees.
Example 2. {Semi-treed category} A lot has seven trees over 4" in diameter.
The owner would be required to save two trees (25%). If the owner removes
all the trees, they must plant seven trees (1.5" minimum diameter).
Example 3. {Treed category} A lot has 24 trees over 4" in diameter. The
owner would be required to save six trees (25%). If the owner saves only six
trees, they must still plant one additional tree (2" minimum diameter) to
meet the minimum seven tree requirement. If the owner removes all the trees,
they must plant seven trees (2" minimum diameter).
Example 4. {Heavily treed category} A lot has forty trees over 4" in
diameter. The owner would be required to save ten trees, if the owner
removes all of the trees, they must plant ten trees with a minimum 4"
diameter.
Example 5.
diameter.
ten trees. If all trees were removed,
minimum 4" diameter.
{Heavily treed category} A lot has fifty trees over 4" in
Any lot with forty or more trees would only be required to save
they must plant ten trees with a
This new proposal can be enforced without the requirement of a tree survey
and although this ordinance does not prohibit the clear-cutting of lots, it
does provide enough monetary incentives to save a minimum amount of trees.
Things to consider in preparing the tree ordinance:
1. Depending on the restrictions in any tree ordinance, a survey may be
required. The cost of a tree survey depends on the surveyor and the amount
of trees ($100 - $400).
2. Costs of trees. Tree costs vary depending on size, type and vendor.
Staff obtained prices for 1.5" to 2" diameter trees ranging from $12 to $75
and 4" diameter trees ranging from $100 to $250.
3. Any ordinance placing restrictions to retain trees and leaving no options
may place the City in a "take" position which would require the City to
purchase the property to preserve the trees.
Page 4
4. Any ordinance placing restrictions to retain trees, but having options to
remove and replace, will require the homeowner to have additional costs
incurred for construction.
5. In the proposed ordinance, do you want to save native vegetation along
with trees? At this time, I would recommend the homeowner packet provide
reasons to save native vegetation, but not to require this item.
6. Brevard County Point System - I have enclosed a copy of their application
for your review. The form has been filled out utilizing a standard 80' x
125' lot with the typical 5' side yard and 10' rear yard easement. Their
ordinance would require 86 points to be obtained with a minimum of 46 points
for trees and 46 points for landscape cover. To meet the tree requirement,
only one tree of 8" diameter would be required. This system does not
prohibit clear-cutting of lots.
Necessary steps to comply with new proposal:
1. Application needs the following information:
Total number of trees with 4" diameter or larger to determine
category of lot.
Required preservation of 25% of existing trees, up to a maximum of
10 trees.
C. Required trees (minimum 7, maximum 10).
2. Staff must verify total number of trees up to 40.
3. Prior to C/O, staff will verify minimum amount of trees required.
RECOMMENDED ACTION
Review proposal.
;ora # 92-9
PERMIT #
BREVARD COUNTY
SINGLE - FAMILY RESIDENTIAL LAND CLEARING/LANDSCAPiNG PERMIT APPLICATION
~3ENERAL INFORMATION (Include 3 copies of Plot Pl~,n with. an existing tree and vegetation survey)
PROPERTY OWNER:. .PHONE:
ADDRESS:
APPLICANT: PHONE:
ADDRESS:
LEGAL DESCRIPTION: TWP.',~_RGE: SEC: ,SUBOIVISION NAMi~:
SUB CODE:# ~BLOCK__
SITE ADDRESS:
,LOT/PARCEL:
ZONING:
LAND CLF_.ARIN(~ PERMIT: If applicant checks yes to item 1. or ~t. below, a Land G/earing Pet7nit shall be recl~ired
One (1) or more tree~ greater than f~Jr (4) inches in diameter at 4.5' above
natural or development grade are to Da removed. Ye~ No
Fifty (SO%) I~encertt or greater of ~e existing ve.getation is to be removed.
Yes ..... No
Are you claiming an exemption? Yes No
If yes. please state.
PROTraCTED TREE REMOVAL: (for lots I acre or greater, please call for an on site ir~peGlion 407-633-2065)
A. Mainland & Merritt island - Trees 10" diameter or larger at 4 1/2. feet above natural or development grade,
Barrier ISland - Trees I 1/2' diameter or larger at 4 1/2 feet above natural or development grade.
Please state reasons for protected tree removal:.
egTE: Where no landscape plan has been approved by E/reva~ Counl7 and no Building Permit has been issued all/and
/,ed pursuit to the Land Claart/~g & T/~e P/'otec~ion R~gulmt/on #8.~J~.4~; must be r~v~getatecl within 30 days ar~l a
station plan sha/I be submitt~ for revie~v and al~roval by the Land Development O/vision..
Tile Property Owner and/or Agent shall be responsible for obtaining all
Applicable Stat~ end/or Federal permits.
THE OWNER SHALl. BE RIE.~PONSIBLE~ FOR THE5 POSTING OF THIE I_AND Cl..EARING PERMIT
LANDSCAPE PLAN REVIEW FOR SINGLE FAMILY LOTS:
* ;or 8ulldable area. calculate square f~tage of Im I~s the ~ments, po~s.
Bu~able s~are fom~e of site ~ ~ O / 43,560 ;.~. per a~re - Bul~le a~e~e ~ s~e ~ i~
Bulld~le acreage ~ s~e x 480 ~in~ per acre -~ r~ir~,. ~ d~e ~tal ~ints in half.
One half for ~ r~ulr~: , ,,.~ ~ One ha~ ~r ~~ ~v~ P~i~a r~i~ ~
Prese~flon Po~ ~r Tr~e: ~ Pms~at~n ~i~s ~r Ean~De Cove: ~'3
I.ANDSCAPE REVIEW' iNFORMATION (point sr.J~edule)
Pr~etion P~n~ for ~aflng T~ ~a~ 7r~s ~n~
(Dlame~r ~ ~re~z Height)-- (Minimum Helg~ 6 frei) (Potn~ ~ 100 s.f. of area)
~an 4" uo to and In~u~lng 8' 30
~an 8' up ~ ~d Including ~ ~ 45 p~. ~Medlum (non naive) 5 ~. HedgeW~hzu~
~an 1 ~ 60 p~,
~nimum Height 5 P~t 10 ~m. VqM~ofl 10
1~ D~. Patm~ $ p~.
height of six f~t of cMar wo~ a minimum height Of Six ~t of ~e~ wood
me~ure at.ss ~e t~nk ~our ~d one h~f f~t ~ove ~e na~r~ gra~e.
TOTAL AMOUNT REMITT
APPROVI::D I~Y: /tBEFI:
City of Sebastian
POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUBJECT: Riverview Park North )
Conceptual Plan )
)
)
)
Approved for Submittal By: )
)
City Manager )
)
Agenda No.
Dept. Origin
Date Submitted
~-~'~G/P~
04-~9-93
For Agenda of
05-05-93
Exhibits: Riverview Park
Conceptual Master Plan
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At the regular workshop meeting of January 6th, 1993,
the City Council authorized staff to proceed with the
implementation of the 1993 Plan of Action for the
Riverfront. Following the workshop meeting at the
regular meeting of January 27th, City Council moved to
approve the agreement for professional services with
Brad Smith and Associates to prepare a conceptual
master plan for Rive=view Park North.
Following City Council approval staff met with the
consultant to review the use and the layout of
Rive=view Park North in conjunction with the existing
park and anaylized the closure of Fellsmere Road.
After some discussion, it was determined that Fellsmere
Road could wrap around the Superamerica west of the park
and connect to Coolidge. This layout would allow boaters
to have access both to and from the Yacht Club boat
ramp and would provide adequate area to construct a
raised pavillion for special events. It was also agreed
that. concrete walkways would connect with the existing
walk paths uniting both parks together and that
provisions for grass boat trailer parking would be
provided.
Staff feels the consultant has done an excellent
3ob in DreDaring the Conceptual Master Plan and
color rendering at the direction of star. It will
be up to City Council to review the Conceptual Plan
and make the appropriate modifications that they deem
necessary.. It is our hope that this Conceptual Master
Plan becomes more than 3ust a rendering and that we
would be able to move forward with the architectural
and engineering design of this pro3ect.
RECOMMENDED ACTION
Move to approve the Conceptual Master Plan and direct
staff to proceed with construction documents for the
Droposed Dark improvements.
I City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
SUBJECT= Airport Lease
&gproved for Submittal By=
City Manager ~ /'~
Agenda
Dept. of origin= city Manager
Date S~bmitted= 04/28/93
For Agenda of 05/05/93
~xhibits
1. Nash Letter dated 3/31/93
w/22 page lease
2. Price letter dated, 4/20/93
3. Price letter dated 11/16/92
4. McClary "Airport Leases"
dated 1/25/93
5. McClary "Analysis of Per Acre
Airport Rentals" dated 4/20/93
7. JVA "Lease Rates", dated 4/27/93
6. WHS Airport Master Plan,
dated August, 1992
Pages RS-l, and R8-2
Tables 8.lA, 8.lB, 8.1C
9. Jacksonville Port Authority
'"survey of Florida Airports
(no date) pages 1 & 5 only
8. Resolution R-86-4A,
dated 1/15/86 - ~3 only
11. Armfield - Wagner Appraisal
and Research, Inc. appraisal
report, dated 12/4/93, 143
pages - on file in City
Clerk's Office
10. Vero Beach Municipal
Airport "Rate Study",
dated 3/15/93 - 23 pages
on file in City Clerk's
Office
SUMMARY STATEMENT
The most. recent aviation related lease negotiated at the Sebastian
Municipal Airport was in June, 1980, almost thirteen (13) years ago.
Since that time, the City has attempted to adopt an Airport Master
Plan; has dissolved the Airport Advisory Board; has experienced two
Charter Referendums relating to the airport; and has, for much of that
time, been under a self-imposed moratorium for new leases. More
recently, the City has completed and sent to the Federal Aviation
Administration for review a Master Plan and has received requests for
leases at the airport. The City Attorney has recently drafted a
proposed lease agreement which would be used as a model for future
aviation related leases. This report does not, nor is it intendeds/
address leases for non-aviation uses.
ql, -
Airport Lease:
Page Two of Four
The proposed lease was reviewed by staff, namely John Van Antwerp,
Airport Manager and Robb McClary, City Manager. Further, we have
researched and evaluated proposed rental rates for airport related
tenants. The following represents staff comments on the proposed
lease:
1. Page 2, Paragraph 4, (a) ~.
later in this report.
The rent amount is addressed
2. Page 2, Paragraph 4 (b) Rent. Staff recommends that rent be
paid monthly rather than quarterly.
3. Page 4, Paragraph 5, Fuel Flowaqg. Staff recommends that fuel
flowage fee be set from time to time by Resolution of the City Council
and that the same fuel flowage rate be applied to all tenants, that it
be paid at the time of fuel delivery, that it be reasonable and based
on surveys or other data, and that it be initially set at two cents
per gallon, which would be consistent with existing tenants. We would
next expect the fuel flowage rate to be increased after the year 2000.
Expiration years for aviation related tenants are as follows: J & S.
Aviation, 1999; Golden Horn Aviation, 1999; Sebastian Aero Services,
2000; Velocity Aircraft, 1999.
4. Page 5, Paragraph 6, ImprQ~ements. Staff recommends that
improvements become the property of the City upon expiration of the
lease rather than upon completion due to implications for property
taxes and liability issues.
Staff recommends that a new section be added to provide an
escape clause for the City in the event the tenant does not build the
defined buildings. Staff believes that the tenants should be given a
specified number of days to commence construction and a specified
number of days to complete construction and to do otherwise w~ould void
the lease.
5. Page 6, Paragraph 7, ~se of Leased .premises. This section
would require that the tenant specifically state the proposed uses and
t/~at uses other than .those expressly granted are prohibited. Staff
recommends that this section stay in tact to eliminate any quess work
on permitted uses by the tenant.
6. Page 7, Paragraph 8, ~. Staff recommends a section be
added to require the tenant to meet all community standards
ordinances, such as high weeds, junk vehicles, etc.
7. Page 9, Paragraph 12, Insurance. Staff recommends that
insurance coverage amounts be fixed from time to time by Resolution of
the City Council which would apply to all aviation related tenants at
the airport. This would be set similar to fuel flowage fees
identified above and limits would be initially set to be compatible
with current tenants. Currently all four (4) aviation tenants have
exactly the same liability insurance coverage requirements of
$500,000/$1,000,000/$500,000.
8. Page 15, Paragrapk 21, Default b~ Tenant. Subparagraphs
(h) (i) and (j) regarding acts of default by the tenant appear to be
stringent and staff recommends reviewing the language.
Airport Lease: Page Three of Four
9. Page 17, Paragraph 24, Riqht to Inspect. Subparagraph (c).
This allows the landlord to exhibit the leased premises to any
perspective purchaser or tenant. Staff recommends there be some
reasonable constraints for the protection of the tenant, such as
showing the premises near the expiration date of the lease.
10. Page 20, Paragraph 29, Nondiscrimination. Staff recommends
that this verbiage be reviewed with the Federal Aviation
Administration non-discrimination requirements.
ll. S~vdivin~. The proposed lease does not address the
skydiving drop zone. Staff recommends a $1.00 per year non-exclusive
lease of the drop zone to run concurrently and in conjunction with a
twenty (20) year land lease.
12. Rent AnaLysis.. Staff recommends that land lease rental
amounts be set at $1,200 per acre per year adjusted on five (5) year
increments, beginning December 1, 1996, based on the CPI.
This rental amount is calculated at 10% of a $12,000 per
acre value adjusted at the same time and using the same language as
the Golf Course rent. The following facts were taken into account to
establish this recommendation:
* The Williams, ~atfield & Stoner Master Plan recommends 10% of
a $10,000 valuation which is $1,000 per year and adjusted at 3 1/2%
inflation rate per year. (See WHS report, pages RS-1 and R8-2 and
Table 8.lA, 8.lB, and 8.1C.
* While an appraisal has not been done for airport property,
the 'City did commission an appraisal of the adjoining undeveloped
properties which indicated an appraised value for the Collier Place
PUD of $12,277 per acre and the Saint Sebastian PUD at $11,218 per
acre. Therefore, a $12,000 per acre value would appear reasonable.
(See Armfield, Wagner Appraisal and Research, Inc. appraisal report on
file in City Clerk's office).
~ The survey completed by Airport Manager, John Van Antwerp,
indicated a per acre rent at Valkaria at $1,200 per year and at Ft.
Pierce of $1,300 per year. These two airports are similar in
character to Sebastian.
* .The City of Vero Beach recently completed a rate study which
indicated a commercial lease rate of $6,835 per acre and an aviation
related lease rate of $3,050 per acre per year. The commercial rental
amount was based on 10% of land value of $68,000 to $75,000 per year.
(See Vero Beach Municipal Airport "Rate Study" on file in the city
Clerk's Office).
* Resolution No. R-86-4A established the rental amount for the
Sebastian Municipal Airport. This Resolution provides a rent
adjustment on five (5) year periods beginning December 1, 1986. Staff
is recommending the same formula and increments which could be used as
the basis for this and future land leases at the Airport.
Airport Lease: Page Four of Four
* This report is not intended to address leasing for non-
aviation uses nor as a basis for leasing facilities with improvements.
Therefore, the lease contemplates a standard land lease which would
provide for improvements by the tenant. Lease amounts for leases with
improvements are not applicable at this time.
RECOM~.END. ED ACTION
Review the proposed lease agreements for aviation related land leases
at the Sebastian Municipal Airport.
i~P. ESE. N~$H & TOl~PY. Pi
~JaTTO ~NE YS AT
930 S. l~I~oR CXT~ BLvd.
SUXTE 505
i~fmnBotri~m, i~LoP, r~A 32901
¢40T) 984-3300
FAX (407) 951-3741
March 31, 1993
MIA HA/~D DELIVERY
Robert S. McClary
City Manager
city of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Re:
Airport General Lease
Our File No. 882489.9414
Dear Robb:
Enclosed is the proposed general lease which I have prepared for
the City of Sebastian. There are several paragraphs, however, that
we need to discuss because they require the City to make policy
decisions. Accordingly, as you are reviewing this lease, please
pay particular attention to the following paragraphs.
Paragraph 5, pertaining to fuel and flowage fees, must be reviewed
to determine the appropriate method for these charges. The
language which I have reviewed in other leases is, at best,
confusing. I have modified the language in the lease i have
provided; however, I still do not feel comfortable with the
provision. ~
Paragraph 14, pertaining to damages or destruction of improvements
by fire or casualty,' attempts to deal with the situation of
destruction of improvements made by the Tenant. The issue
presented in this paragraph is how the City wants to deal with
disbursement of insurance proceeds in the event a leased premise is
damaged or destroyed by fire.
Similarly, paragraphs 19 and 20 deal with the issues of
cancellation of the lease in the event of some form of Government
seizure of the airport and distribution of proceeds in the event of
an eminent domain proceeding. We need to discuss what the City's
posture is with regard to these issues.
Robert S. McClary
City of Sebastian
March 31, 1993
Page -2-
Finally, the City needs to create a policy with regard to the
storage of fuel on airport premises. I have included a paragraph
in the lease pertaining to our liability for contamination of the
leased premises. However, it is necessary for the City to have a
formal policy with regard to procedure for protecting against
contamination on the leased premises.
I am sure you will have questions with regard to other paragraphs
in this lease. I look forward to your comments after your review
of this lease.
Sincerely,
FRESE, NASH & TORPY, P.A.
Richard E. Torpy
RET/lb
Enclosure
LEAS~
THIS LEASE, made and entered into this ~ day of ,
1993, by and between the CITY OF SEBASTIAN, a municipal corporation
existing under the laws of the State of Florida, (hereinafter
referred to as the "Landlord"), and
maintaining its principal office and
referred to as the "Tenant") and
, a
place of
Florida,
corporation,
business in
(hereinafter
as Guarantor(s)
The Landlord, the
,
(hereinafter referred to as "Guarantors") .
Tenant, and the Guarantors are sometimes collectively referred to
herein as the "parties".
WITNESS ETH :
WHERFJkS, the Landlord is the owner of certain property located
in the County of Indian River County, Florida; and
WHEREAS, the certain property is being used for the operation
of the Sebastian Municipal Airport (hereinafter referred to as the
"Airport"); and
WHEREAS, the certain property is also available for use for
those activities consistent with or in support of aviation
activity; and
WHEREAS, the Landlord has agreed to lease such property to the
Tenant subject to certain terms and conditions consistent with or
in support of the current aviation use of such property; 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; and
WHEREAS, the Guarantors constitute all of the shareholders of
the Tenant and they each will benefit if the Landlord enters into
the Lease with the Tenant; and
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter provided, the receipt and sufficiency of which are
hereby acknowledged, the parties have agreed as follows:
1. RECITALS. The above stated recitals are hereby
incorporated by reference in this Lease Agreement
2. ~..EASED PREMISES. Subject to the terms and conditions set
forth hereinafter, 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 on
Schedule "A" annexed hereto and made a part hereof by reference
(hereafter referred to as the "leased premises").
3. TERMOF LEASE. The term of this Lease shall be for a
period of twenty (20) years commencing sixty (60) days after the
date the Tenant executes this Lease or on the date the Tenant
receives a Certificate of Occupancy for the improvements to be
constructed on the leased premises, whichever shall sooner occur,
and will end on the twentieth (20th) anniversary of such date. The
exact date of the commencement of the Lease shall be designated in
a Memorandum of Lease to be executed by the parties hereto.
4. RENT. The parties agree that the rent, payable by the
Tenant, during the term of this Lease shall be as follows:
(a)
as set out below:
For the leased premises, the yearly rental shall be
Years 1 thru 5 $
" 6 thru 10 $
" 11 thru 15 $
" 16 thru 20 $
Plus Florida sales tax if applicable.
(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 2
(above) and on a like day of every third month thereafter during
the term of this Lease.
5. FUEL FLOWAGE FEE.
(a) in addition to the rent due hereunder, the Tenant
and any sublessee of Tenant, shall also pay to the Landlord the
following sums, which shall not be rent for the leased premises,
but shall be collected by the Landlord from the Tenant, and any
sublessee of the Tenant, in the same manner as rent:
1. Four cents per gallon, of the initial sales price,
on all aviation fuels delivered to the Tenant, or to any sublessee
of the Tenant, at the Airport;
2. The Tenant, and any sublessee of the Tenant, shall
report to the Landlord the daily sales price over the first
six months for all category of aviation fuel. The average of
the 10 lowest daily prices, for all categories of aviation
fuel, shall constitute the "initial sales price" for purposes
of this Agreement. Whenever the initial sales price of such
aviation fuel is raised ten cents per-gallon rate, by periodic
increases or by a single increase, then and in such event, the
Landlord shall be entitled to an additional one-half cent per
gallon for each ten cent increase in the per-gallon price.
(b) The Tenant and any sublessee of the Tenant shall
furnish to the Landlord written detailed monthly statements showing
the total amount of aviation fuels delivered to the Tenant, or any
sublessee of the Tenant, at the Airport. Said statements shall be
furnished no later than the l§th day of each month during the time
this Lease shall be in force. The Tenant agrees, both on behalf of
itself and any sublessee of the Tenant, that said amounts may be
collected by the Landlord from the Tenant, or any sublessee of the
Tenant, in the same manner as rent.
(c) The monthly statements referred to in the foregoing
subparagraphs pertain only to operations conducted at the Airport
and exclude any operations of the Tenant, or any sublessee of the
Tenant, conducted at other locations.
(d) The Tenant, or any sublessee of the Tenant, shall
further retain upon the leased premises all delivery bills,
invoices and related records pertaining to all aviation fuels
delivered to the Tenant, or to any such sublessee, and shall
produce and make available such books and records upon request by
the Landlord for the purpose of auditing payments to the Landlord
as provided hereinabove. Such books, records and other documents
shall be made available for inspection to representatives of the
Landlord within 15 days of written notice to the Tenant or any
sublessee of the Tenant. If said inspection reveals that payments
to the Landlord are in error, by more than 2%, then Tenant shall
pay the additional amount owing to Landlord plus all costs of said
inspection.
6. IMPROVEMENT.S TO THEPRE~ISE~. The Landlord acknowledges
that the Tenant is leasing the premises for the purpose of
and that in order to utilize the leased premises for this purpose,
it .will be necessary to erect thereon a building and other
improvements, to be constructed by the Tenant upon the leased
premises at the Tenant's sole cost and expense and to comply with
all applicable rules, laws, regulations and requirements pertaining
thereto.
(a) The Tenant shall have the right to use the leased
premises for any lawful purpose associated with the use of aircraft
and/or an airport to the extent described in Section 7 hereof, and
shall have the right to construct upon the leased premises any
buildings or other structures that may be proper for such use,
provided any such buildings or structures do not in any way curtail
the use of the airport facilities in their 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
Administration (',FAA,,) .
(b) The Tenant
requirements of the Federal Aviation
shall indemnify, defend and hold the
Landlord harmless from any claims, losses, damages or liens arising
out of the construction of any such buildings or structures.
(c) All improvements to the leased premises shall, upon
completion, become the sole property of the Landlord. The Tenant
agrees to execute any and all necessary documents of transfer which
the Landlord deems necessary to acquire title to said improvements.
The Tenant agrees that all improvements shall be conveyed free and
clear of all encumbrances, liens, and title defects of any kind.
Title shall be conveyed to the Landlord in fee simple.
(d) In the event the Tenant is prohibited from obtaining
a building permit or license to construct and maintain an aviation
facility, within ninety (90) days from the date hereof, from the
appropriate governmental authorities having jurisdiction over the
leased premises, for reasons not caused by and beyond the control
of the Tenant, this Lease shall be null and void and the Landlord
and the Tenant shall have no obligation toward each other except as
otherwise provided herein.
7. ~SE 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 solely for the following purposes or uses:
Any use of the leased premises other than those expressly
granted to the Tenant in this section are expressly prohibited. No
other use may be conducted by the Tenant without the express
written consent of the Landlord. Such consent may be withheld by
the Landlord for any reason.
8. REPAIRS ANDL ALTERATIONS. The Landlord shall not be
obligated to maintain or repair the leased premises or any
improvements located or any part hereof thereon 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.
Upon obtaining the prior written consent of the Landlord,
which consent may be withheld for any reason, the Tenant, upon
completion' of the original improvements, 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 hold the Landlord
harmless from any claims, losses, damages or liens arising out of
or in any 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 utility 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.
ll. TAXES. The Tenant shall pay during 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 goverrLmental authorities), together
with all ad valorem taxes assessment or other governmental charge
levied against any stock of merchandise, furniture, furnishings,
equipment and other property located in, or upon the leased
premises. Ail shall be paid by the Tenant on a timely basis and
receipts therefor shall be provided to the Landlord upon request.
12. N~__U~Lq~. The Tenant shall provide and keep in force,
at its own expense, during the term of this Lease, public liability
and property damage insurance coverage with respect to the leased
premises, including those portions of the said premises used for
driveways, walkways, and parking areas. The insurance coverage to
be maintained by the Tenant shall contain limits of not less than
$1,000,000.00 for injury or death of any one person and
$5,000,000.00 for injury or death for any one accident, together
with $100,000.00 for damage to property. 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 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. Ail policies described in this Section 11 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.
13. FIRE AND EXTENDeD_COVERAGE INSURANCE. The Tenant shall,
at its sole cost and expense, procure and keep in effect such
standard policies of fire and extended coverage insurance as the
Landlord deems necessary and appropriate. Upon request, the Tenant
9
shall provide to the Landlord 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 at
least an AA rating by both Moody's and Standard and Poors. Ail
policies described in this Section 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.
14. DAMAGEOR DESTRUCTION OF IMPROVEMENTS B~...~F.IRE 0~ OTHER
CASUALTY. In the event the building and/or other improvements
erected on the premises are destroyed or damaged by fire or other
casualty, the Tenant, at its option, agrees that it will cause said
building and/or other improvements to be replaced or said damage to
be repaired as rapidly as practicable. The Landlord may abate the
Tenant's rent 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
10
and/or destruction nor shall the Landlord have any responsibility
or obligation to make any expenditures toward the repair and/or
replacement 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 manner
equal to or better than the building/improvement being repaired or
replaced.
(a) If the Tenant, under its option, elects not 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 the Landlord elects to
continue the Lease, the Landlord shall be entitled to any
of the insurance proceeds on account of Such damage
and/or destruction, such proceeds to be the sole property
of the Landlord; or
2. To cancel the Lease; if the Landlord elects to
cancel the Lease, the Landlord shall be entitled to that
portion of the insurance proceeds paid as a result of
such damage and/or destruction to the building and other
improvements on the leased premises, the Tenant shall be
entitled to the remainder, if any, of the insurance
proceeds.
(b) In the event the Tenant, under its option, elects
not to repair and/or replace the building and improvements upon the
leased premises, the Tenant shall, at its sole expense, remove all
11
remaining portions of the damaged or destroyed building and
improvements and all rubble or debris resulting therefrom.
15. INDEMNIFICATION. The Tenant agrees hereby to defend,
indemnify and save the Landlord harmless from any and all actions,
demands, liabilities, claims, losses or litigation arising out of
or connected with the Tenant's occupancy or use of the leased
premises including all attorney's fees incurred by the Landlord in
defending any such claims. This Section 15 shall survive the
termination or cancellation of the Lease.
16. ENVIRONMENTAL 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 (i) 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. This Section 16 shall
survive the termination or cancellation of the Lease.
17. PREVENTION OF USE QE .THE PREMISES. If, after the
effective date of this Lease, the Tenant is precluded or prevented
from using the leased premises for those specific purposes
identified in Section 6 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 Landlord may
12
allow the Tenant to terminate this Lease. The right to terminate
this Lease must be granted by the Landlord, in writing, before the
Tenant shall be released from its obligations under the terms of
this Lease.
18. ~DING FEES. Landing or any other type of use of runway
fees are specifically prohibited by this Agreement, so long as all
other tenants of the property owned by the Landlord located at the
Airport are prohibited from charging any such 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.
19. GQVERNMENT SEIZURE. In the event 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 Lease may
be extended upon mutual agreement of the Tenant and the Landlord
for an additional period equal to the time the Tenant has been
deprived of the value of this Lease. If the duration of the
seizure exceeds ninety (90) consecutive days, the Landlord, at the
Landlord's sole discretion, may ~erminate this Lease.
20. E~INENT DO,IN. If all or any part of the leased
premises shall be taken under a power of eminent domain, the
compensation or proceeds awarded for the taking of the land,
building and/or improvements on the leased premises shall belong to
the Landlord.
13
If the taking 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
terminated.
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.
21. DEFAULT BY TENAN. T. As used in this Lease, the term,
"event of default", shall mean any of the following:
(a) The failure of the Tenant to fulfill any duty or
obligation imposed on the Tenant by the Lease;
(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 Tenants failure to pay any consideration, to the
Landlord, required by this Lease;
(d) The taking of the leasehold interest of the Tenant
hereunder pursuant to an execution on a judgment;
(e) The Tenants abandonment of any substantial portion
of the leased premises. "Abandonment" shall be determined by the
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
14
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 property;
(i) The liquidation, termination, dissolution or (if the
Tenant is a natural person) the death of the Tenant or any
guarantor of the Tenant's obligations hereunder;
(j) The Tenant fails to continuously conduct and carry
on in good faith the type of business for which the leased premises
are leased.
(k) The Tenant submits, more than two times during the
Lease term, a statement of gross sales that understates actual
gross sales by five percent or more;
(1) The Tenant shall be in default of any other term,
provision or covenant of this Lease, other than those specified in
subparts a through k above.
Upon the happening of any "event of default", the Landlord
may, at its option, terminata 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 pay rent or
failure to perform any condition imposed herein upon the Tenant,
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, unless such default is the failure to pay
rent, in which case the Tenant shall have ten (10) days, from the
date notice is sent by the Landlord, within which to remedy such
default by paying all rent due.
22. 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.
23. 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)
below:
LaDdlord:
Tenant:
to the other party at the address given
City Manager
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Guarantors:
16
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.
24. RIG~.....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.
No authorized entry by the Landlord shall constitute an
eviction of the Tenant or a deprivation of its rights or alter the
obligation of the Landlord or create any right in the Landlord
adverse to the interest of the Tenant hereunder.
25. OWNERSHIP OF TRADE FIXTURES, SIGNS AND ~ERSONAL PROPERTY.
At the expiration of the Lease, any and all trade fixtures, signs
and personal property, used by the Tenant in the operation of its
business, on the leased premises shall remain the Tenant's sole
property and the Tenant shall have the right to remove the same
provided any damages in removal are repaired by the Tenant at
Tenant's sole cost.
17
In case of breach of this Lease by the Tenant, or the
termination of the Lease, or any extension 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.
26. GUARAN~. The Guarantors unconditionally and irrevocably
guarantee the payment and performance of, and agree to pay and
perform as primary obligor, all liabilities, obligations and duties
(including but not limited to payment of rent) imposed upon the
Tenant under the terms of the Lease as if Guarantors had executed
the Lease as Tenants. This is a continuing Guaranty and shall
apply to any and all Lease amendments, extensions and modifications
whatsoever. Guarantors expressly consent to any extension of time,
leniency, modification, waiver, forbearance, or any change which
may be made in any term, condition or provision of the Lease, and
no such change, modification, extension, waiver, or forbearance
shall release Guarantors from any liability or obligation hereby
incurred or assumed. Each party, now or hereafter, constituting
the Guarantors shall be jointly and severally liable for all the
obligations of Guarantors and the Tenant hereunder. This Guaranty
shall survive the termination of the Lease.
27. WAIVERS. The Guarantors expressly waive notice of
acceptance of this Guaranty, demand, all setoffs and counterclaims,
notice of dishonor, protest or notice of protest of every kind,
notice of default in or under any of the terms of the Lease, notice
18
and demand of any and all proceedings in connection with the Lease
(including demand for performance of the Lease), diligence in
collecting any sums due under the Lease or enforcing any of the
obligations under the Lease, bringing of suit and diligence in
taking any action with reference thereto or in handling or pursing
any of Landlord's rights under the Lease.
28. ~IGHT R~STRICTIONS. The Tenant expressly agrees for
itself, its successors and assigns, to restrict the height of
structures, 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, rules 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 aircraft, now known or hereafter used, for navigation
19
or flight in the airspace, and for use of said airspace for landing
on, taking off from, or operating on the Airport.
29. 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
2O
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.
30. ENTIR. 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 instrument, which may be amended, modified,
altered, changed, revoked or rescinded in whole or in part only by
an instrument in writing signed by each of the parties hereto.
31. ASSIGNMENT...AND SUBLETTING. The Tenant shall not assign
this Lease or sublet the leased premises or any portion thereof, or
otherwise transfer any right or interest hereunder without the
prior written consent of the Landlord,. which consent may be
withheld for any reason. 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 of its Lease.
32. ~INDING EFFECT. The terms and provisions of this Lease
shall be binding on the parties hereto and their respective heirs,
successors, assigns and personal representatives, and the terms of
any Addendum attached hereto are incorporated herein.
33. APPLICABLE LAW/~NUE. In the event of litigation
arising out of this writing, venue shall be in Indian River County,
21
Florida 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.
34. ATTORNEYS ~E~. In any action arising out of the
enforcement of this writing, the prevailing party shall be entitled
to an award of reasonable attorneys fees and costs, both at trial
and all appellate levels.
35. RECORDING. In no event shall the Lease or a copy
thereof be recorded in the Public Records of Indian River County,
Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
(Name of Tenant/Corporation)
Tenant
(SiGnature of ReDres~.Dtative)
Name of Representative, Title
GUARANTORS
CITY OF SEBASTIAN
A Municipal Corporation
existing under the laws of,
Florida
Robert S. McClary
City Manager
ATTEST:
prin~ed Name
Printed Name
Kathryn M. O'Halloran
CMC/AAE
Approved as to Form and
Content:
Charles Ian Nash
City Attorney
22
PRICE & ASSOCIATES, P.A,
c~r'~I'IFIED PUBt.~ ACCOUNTANTS
t623 U.S.I,SUffE ~4
P.O. BOX 780698
SEBASTIAN, FLORIDA 32978-0698
407/589-898t
April 20, 1993
Mr. Robert McCIaty, City Manager
Mayor Lonnic Powc!
C~ty of Se~astaan
Post Offic~ Box 780127
Sebastian, Fl 32978
R~: Aitlx)rt Land. Lea.s~
C~nflcmen:
As you are aware, I am involved with thc skydiving operation at the airport and I have been working with
the City to lease land at the airport so that we may operam thc business. On November 16,1992 I
submitted a le~s~ pmpesal (copy enclosed) to the City to lea~ 2 aca~s at thc airport ami although I hava
reviewed the Airport General Lease from the Ci~s attorney, I have not received, a response to my lea.~
request. I am the~ore, again requesting from the City a lease of 3 acres at the airport, the ~
location of the parcel to be one (1) pamel north of thc property leased by Sebastian Aero Set~ces as
described in the airport master plan. For various reasons, I shall lease fi'om the City the parcel and
construct the facilitie~ indivia-a,y, and lease these facilities to Skydive Sebastian, Inc.
In connection wi~ my request and ia consideration of the Airport General Lease, I would ask for the
following items to b~ incorporated into the lease:
Paragraph 4(a), RENT- The leas~ mat shall beas described on pages Rg-3&4
of thc airport master plan, the amount is e~xp~xi to b~ $$00.00 l~r acm for
years l - 5 and increasiag from there.
Paragraph 5, FUEL FLOWAGE FEE - The paragraph to be amended to allow
th~ Tenant to be exempt from this charga for fuel consumed in the operation of
its tmsi~$, with the provision that them would b~ no other sales.
Paragraph 7, USE OF LEASED PR.E3~ES *The u.~ of tim premises shall be:'
thc operation of aviation facility including a parachute center, arcmR hange~,
maintenance operation, apron ama, aircraft parldng facih'ty and fuel farm
Additional provision to the lease to be the allowanc~ by thc tenant for the usa of
temporary facilities for a period not to exceed 6 months.
I would ask that thc City provide mad access and a boundary survey of thc parcel to bc leas~
Mr. Robert $. McClary
Mayor Lonnie Powel
City of Scbasdau
April 20, 1993
Page 2
I would ask for an ~xpedient review of this proposal due to the various time delays already incurred and in
light that the City has only granted a 6 month lease to Skydive Sebastian which shall expLm August 30,
1993,
Very Truly Yours,
Charlcs. Clay h-ic~
SKYDIVE SEBASTIAN, INC.
P.O. BOX 698
SEBASTIAN, FL 32958
NOVEIVIBER 16, 1992
MR_ ROBERT MCCLARY
CITY MANAGER
CITY OF SEBASTIAN
P.O. BOX 780127
SEBASTIAN, FLORIDA 32978
RE: REQUEST FOR LEASE AT SEBASTIAN MUNICIPAL AIRPORT
DEAR ROB:
WE WISH TO LEASE TWO (2) ACRES OF LAND ON THE WEST END OF THE AIRPORT
CONTAGIOUS TO TIlE PROPOSED DROP-ZONE AS OUTLINED IN THE PROPOSED MASTER
PLAN. WE HAVE ATTACHLZ'D A PROPOSED LEASE FOR YOUR REVIEW AND STAFF
COIVlMENT. THE LEASE RENTAL AMOUNTS WERE DETERMINED AS A RESULT OF THE
MASTER PLAN REVISION OF NOVEMBER 3, 1992 AND AS DETAILED ON PAGES R8-3 AND
R8-4. WE HAVE ASK FOR TIlE FIRST YEAR RENTAL FEE OF $1.00 INORDER TO
COMPENSATE FOR THE COSTS ASSOCIATED WITH iMPROVEMENT OF TH2E PROPERTY.
ADDITIONALLY', WE ASK FOR TIlE USE OF TEMPORARY FACILITIES FOR Tile PERIOD NOT
TO EXCEED SIX (6) MONTHS.
WE WOULD ASK THAT THE CITY PROVIDE ROAD ACCESS TO TIlE LEASE PREMISES AND
THAT THE CITY PROVIDE A BOUNDARY SURVEY OF THE LEASED PREMISES.
WE HAVE ENCLOSED COPIES OF THE LEASE FROM THE VALKARiA AND MELBOURNE
AIRPORTS FOR YOUR REVIEW IN CONNECTION WITH THE REVIEW OF OUR LEASE
PROPOSAL.
AFTER REVIEW OF THE ENCLOSED, PLEASE CONTACT ME SO WE MAY PROCEED WITH
THE LEASE.
VERY TRULY YOURS,
CLAY PRICE
VICE-PRESiDENT
ENC.
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Ai~ort ~ease$
Sebastian Municipal Golf Course
Z/19/86
154 acres
(Retro. to 1981)
Schedule (Annual)
1981 $700
1982 34,496
1983 34,496
1984 34,496
1985 34,496
12/1/86 34,496 +CPi adjustment
Rent adjusted every 5 years
from 12-1-86
Eg_~Acre
4.55
224.00
224.00
224.00
224.00
224.00
Per CPI - Currently $46,2~5 ($300.16 Acre)
~ & $ Aviation, Inc.
2/12/79
20 years
.88 Acre (in¢ludinq improvements)
eEa~$cnedu%e
$3,600 year
+2 cents gallon aviation fuel
+ 1/2 aircraft parkinq fee collected
PeV AC~e
4,090.91 Acre
Golden ~ornAviation, Inc.
20 years
% Acres
1st ~ years $ 800 $200
years ~-10 !,200 300
years 1!-1~ i,S00 400
years 11-20 2,000 500
Required =o construct 9,400 square foot hanqer
construction to commence within 90 days
completed wi=bin !S0 days
Prepared by RSM 1/25/93
Sebastian Aero Services
/ls/ o
20 years
3 acres
~en,~ Schedule ~,er Acre
1st 5 years $ 900 $300
years 6-10 1,200 400
· years 11-15 1,500 500
years 16-20 1,800 600
+ 2 cents gallon aviation fuel
Required to construct 2,000 square foot hanqer -
construction to commence within 90 days
Velocity Aircraft, Inc.
9119/79
20 years
3 acres
is~ 5 years $ 900
years 6-10 1,200
years !1-15 L, 500
years 16-20 1,800
Per Acre
$300
40O
5OO
60O
Required to construct 8,000 square foot hanger
Commence cons=ruction within 90 days
Complete cons=ruction within 180 days
Florida Sc2~u=zhund Club
L year
~er Acre
$400
Prepared by RSM 1/25/93
Fiscal
Yea~
1993
1994
1995
1996
1997
1998
1999
2O00
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
RSMc
4/20/93
ANALYSIS O__F ~ER ACRE
AIRPORT RENTALS
Velocity ~~or~ Sebastia~
3 Acre. s A Acres A Acres
$ 500 $ 500 $ 500
500 500 500'
600 500 500
600 500 600
600 500 600
600 1188 600
600 1230 600
1272 1272 600
1317 1317 843
1363 1363 873
1410 1410 903
1460 1460 935
1511 1511 967
1564 1564 1001
1619 1619 1036
1675 1675 1073
1734 1734 1110
1795 1795 1149
AUG
$ 500
500
533
567
567
796
810
1048
1159
1200
1241
1285
1263
1376
1425
1474
1526
1580
SECTION 8.0
FINANCIAL PLAN
8.1 Operating Income and Expenses
8.1.1 Operating Income
Operating income includes revenues from ground and building rents, and the percentage of
fuel sales and fees collected for aircraft parking. Operating income for future years through
the year 2010 was based on the terms contained in existing leases. Most of these leases
provide an option for the lessee to renegotiate a 20-year lease at rates to be determined at
that time.
Future ground rents were es~mated based on a percentage (10 percent) of an estimated
land value at the end of the present lease term. A current base value of $10,000 per acre.
was utilized in the amalysis and esc~ated at an amaual rate of 3.5% to the applicable
renewal year. With the exception of the Sebastian Municipal Gol~ Course lease which
requires that furore ground rents be based on changes in the consumer price index and
applied in five year increments, the re~g land lease rates were based on a 3.5% annual
escalation factor. In the ease o£ those temmts to be relocated as part of the Airport capital
improvement program, it was assumed that their lease rates would be maintained through
the i~tial term and then renegotiated for another 20 year term at then current land and
building v~lues.
;I&S Aviation ~ currerm, ly the only aviation related leasehold on the Airport paying both a
land and building rent This is became the ;I&S building reverted to the ownership of the
lessor (the City) i~ 1979 at the end of the original 20 year lease term which commenced
1959. The original lessees of the other aviation related leaseholds constructed their
facilities during the current lease terms which expire at various years in the mid to late
1990's~ When these origkml lease terms expire, the improvements on the land will revert
to the ov~e~ship of' the lessor (the City). Lease renewal rates, therefore, will include both
land and buiId~ng rents for subsequent lease terms. The actual lease payments for these
renewals will be determined through negotiations between the lessee and the lessor. These.
lease payments, however, were estimated for purposes of this ~nancial analysis.
Future building rents for the leaseholds currently occupied by Sebastian Aero Services mad
Velocity Aircra~ were estimated based on current (1992) building assessed values ($113,600
and $147,700 respectively), escalated at a 3.5% annual inflation rate. (Tois a~mual increase
La value is based on the assumption that regular maimenance will keep the build~gs in good
condition). Lease payments were then calculated based on a 7J percent return on
investment
Future building rents for $&S Aviation and Golden Horn Aviation were based on the 1992
cost of new construction escalated at 3.5% annually, and assuming ~. 7_~ percent return on
investment. New construction costs were used' as the values for these facilities because they
4-8.S~22./37P/102192
RS-1
must be replaced on alternative sites to accommodate the reactivation of Runway 9-27.
The resulting building rental rates for the 1992 base year average $1.63 per square foot
which is reasonably lower than the average $2.50 per square foot charged for other general
aviation facilities in Florida~.
Revenues generated fi-om aircraft fuel sales and pm'king fees were increased armualIy at
rates equivalent to those projected for itinerant aircra~ operations. Future T-hangar
development (exclusive of the taxilanes) is expected to be undertaken by private investors
and the City will earn a ground rent for these facilities. Operating income for each of the
years through 2010 is presented in Tables 8.1A, 8.1B mad 8.1C.
8.1.2 Operating Expenses
Operating expenses include Airport management, legal and accounting services and
maintenance of Airport facilities. Estimates for these costs have been prepared based on
the assumptions presented below. The operating expense projections based on these
assumptions are shown in Table 82..
8.1.7..1 Airport Management and Professional Services
The professional service expenses are expected to be relatively higher in the next two years
to resolve the issues related to reactivation of Runway 9/27. Professiomal fees for the
en~neering services associated with the Airport capitol improvement program are accounted
as part of the facilities' development costs and are not included in the operating expenses.
The availability of the Airport manager was phased in during the 20 year planning horizon.
Initially, a part-rime manager is required until the principal components o£ the capital
improvement program are constructed and utilities are made available to developable sites
on the Airport. This is projected to occur by 1996 for purposes of thi~ maal~. The need
for a full-rime Airport manager is then justified to manage the Airport facilities and market
the available developable land areas reserved for non-aviation commercial and light
~dustrial use.
8.1.2.2 Other Operating Expenses
Other operating expenses include electricity, insurance, general maintenance, runway and
taxiway restriping, supplies mad other incidental expenses.
~Based on a survey of 16 Florida airports conducted by AviatiOn Planning Associates,
Inc., as a basis for the financial analysis for the North Palm Beach County General Aviation
Airport Master Plan, 1991-92.
R8-2
TABLE
DETAIL OF AIRPORT OPERATING INCOME
¥olociry V'¢locit'y Golden
Mid-Florida Aid:raft ,Mn:raft ~om
~L~at Municipal ,,~uC~b, uncL ~ Rgnt ~'~Lldb~g Land l]uildi~n$ T-~anga~s
Year Ooff Course Clu~ Rent~ l~ut l~en~ ~ l~cnt ~b Total
1993 ~ t~00-- ..... $~.,<00 M ~0O0 0
~996 ~ 4~3 1,800 0 ~.000 0 LI48
~ ~ ~ $,~ 19~ ~ ~ ~ 14~4~
R8-3
TABLE $.IB
DETAIL OF AIRPORT OPERATI2qG INCOME (continued)
J & $ A~iatio-
Gronnd ~r,d
Fhcal Year Building Rent~ Fuel Parking Sub Total
m I" '1]1
Lgg4.......... 3,600 ..... 1(:3 ...... 1,ff'~
1995 3,600 1TO L850
. 1996 3,600 175 /.,885 $,6C:~
r99Z ...... 3,6oo ..... ~8o ~.~2o s,7oo.
1998 3,600 ._ 185 L955 5,740
2000 11,529 195 2,025 13,749
2001... 1.L.932 ...200 ....... 2,060 1,k192
2002 .... 12~9 205 2,095
2003 12,782.......... 210 .... 2,1~0
200,r ... r%230 ... 2~ ... 2,165 .... ~,6~..
2006 14,171 22.5 Z235 16,631
2007 ..14,667_ ..... z~o Z, ZTO
200~ ...15,18z 235 0,3o5 17,721.
20O9 15,712 240 ~ 18,2~2
2010 16,2.63 2¢5 2,.T'/5
t Post I999 building rent based on 7.5% rorer= on the 1992 construction cost ($105,000)
escalated at 3.5% annually. Post 1.o99 land rent baaed on a 10% rctura ou the Lq92
land' value ($10,000 per acre) escalated at 3.5% annually.
~s~/37P/to2192
RS-~
TABLE SAC
DETAIL OF AIRPORT OPERATING INCOME (continued)
Scbasda~ Aero
F'~zal Ground Building
Ye, ar Rcm: Rcn£~ Fu~I Parklag 5~ T~
~ ~ ~ ~ ~ ~95
~ X~ 0 ~ ~5
l~ L~ 0 335 ~
1~ I,~ 0 ~ ~5
~ ~ ~ 0 3~ ~ 3,~
~1 ~ ~6~ 355 ~ ~6
~ 3,~ ~,~1 ~ 955
~ 3~ ~I 395 ~
~10 3,~7 ~,~ ~ LO~ ~,~
Baze. d on 7'.5% esmual rcmm on 1992 asscs~cd value of $113,600 ce~:aiarcd by
annually.
4-8,s2822/37P/zo2z92
R8-5
LEASE RATES
AIRPORTS NATiONWiDE (GA TO LARGE HUB)
AVERAGE FBO GROUND RENTAL RATE 20.59 SF/YR 225700.40 ACRE
AIRPORTS IN THE STATE OF FLORIDA
AVERAGE FBO GROD~D RENTAL RATE $0.1371 SF/ YR $5972.08
ACRE
VALKARIA
TITUSViLLE
FT. PIERCE
VERO BEACH
LOCAL AIRPORT RATES
$i200 PER ACRE PER YEAR
2.08 TO $,15 SQUARE FT PER YEAR
(23484,80 TO 26534,00) PER ACRE
$,03 PER SQUARE FT ($1306.00) PER ACRE
$.068 PER SQU~RE FT (22962,08) PER ACRE
ZEP HERH iLL S
DELAND
DUNN A IRPARK
SKYDIVE RATES
LEASE TO TENNANT 9.99 ACRES
$i1,550.00 PER YEAR
$3,000 ACCESS FEE
20.04 PER GALLON FUEL FLOW CHARGE
2% GROSS SALES
CITY INCOME 226,000 PER YEAR
($2,600 PER ACRE)
RENT BUILDING, LANDING ZONE, AND ? B 0
TOTAL TO THE CITY APPROXIMATELY $30,000
RENT BUILDING AND USE OF JUMP ZONE
$14,1!52.24 PER YEAR, ADJUSTED UPWARD
BY PRI~V~ RATE.
proge~ used. ~s c~e Sebas~L~ ~onLcL~aL ~oL~ Cou~e, co~eche~ ~L~lz
g~cLo~ o~ or ~LL~hc L~ ~he sold airspace, ~fld ~or ~he u~e o~ said
airspace ~or Lauding on, CakLn~ of~ from or ope~ac~n~ on chi airport.
5. The CLOy shall resorter chi heilhc of structures, objects qf
natural ~ro~ch ~ad ocher obstructions Co such ~ heL~hc so ~s co comply
~tch ~edecat Aviation RegutacLon, p~ 77. ,.
6. ?he C~cy sh~LL hOC use the ~atd tS~ acres Eot an~ uae ~h~ch
~outd Lnce~era ~tCh or adversely affect the operac~o~ oc maintenance
~Lcl~ the
.t. The ClOy of Sebastian, FLorida shaLL ucLL£~e the e~Lst:Ln~
L5~ acres DE chi Nunl. cLpaL Airport aa the Sebasct&n Hur&Lcipal CIoL~
Course and related recreational EacLLLcias open Co iLL persons,
Z. ?he CLCy DE -qebatCLar& ~tunLcLpaL CIoLE Course shaLL ply t. ha
Airport Fund i use Eel for Chi use DE I:he said L§~ ac;el ac the
E. oLLo~Lfl~ tar. e sCarCin$ ~or use connenctn& on December LZ, L98L.
LgaL * ~t700.00; L982 - ~t~34,496; L983 - $~3~,496; L98~
L985 - ~3~,496. O~ Oecembe~ L, L986, L99L and
Xe&~s ~herea~ce~, Chi ~3~,~96. use faa shaLL ~e adjusted by appLyL~
chi consumer price L~dax ~o~ chi respec~LYe L~cra~sa yesr a~d be due
anti,aLLy, ustn~ chi Oecemba~ L, L98L nacLon wide co~ume~ prL~e. Lndez
par~enC per annu~ commenctn~ on chi dace o~ cht~ resolution.
3. The CLC~ racoinL:es chic the purchasiat, pa~er o~ Chi Un/ced
SC&cas doLLar ts er:danced by the Untied Sc&Ce~ Department o~ Labor,..
~ureau. o,E Labor SCa~Ls~tcsT 'l~dex ag Consumer Prices.
1986~ L99L iud eYery EL~e years chereaE~er ~he: CLc~ M~LL compare ~e bise
increased ( o~ decreased ) on Oecember l~ L986, ~99L,
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City of Sebastian
POST OFFICE BOX 7801:~7 c, SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5.330 ~ FAX (407) 589-5570
SUBJECT= Amendments To The
Water/Sewer Rate
Resolution
Approval for Submittal By:
Dept. of Origin Utilities
Date Submitted= 04/29/93
For Agenda Of~ 05/05/93
Exhibits= April 27, 1993
Letter to Mayor Powell &
City Council and a page from
the "Schedule of Water and
Sewer Rates, Fees and Charges.'
EXPENDITURE
REQUIRED=
AMOUNT
BUDGETED=
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On May 1, 1993, Indian River County will transfer all operation and
maintenance responsibilities from the Park Place/Palm Lake Club
water and sewer systems to the City of Sebastian. In preparing for
the takeover of these systems, =he City Manager, Utilities
Director, and Finance Department staff have had numerous meetings
in respect to billing the customers in Park Place and Palm Lake
Club.' As a result of our meetings, we have determined that it
would be in the best interest of the City to amend several items in
the County's "Schedule of Water and Sewer Rates, Fees and Charges"
previously adopted by Council on July 8, 1992. We feel that these
amendments will help to clarify certain items which do not
currently appear on the Schedule and bring other items in
conformance with current City Policy. The attached letter of April
27, 1993','specifically addresses the items in detail; the attached
page from the Schedule shows the line item amendments.
Our recommendation to Council is' that these amendments be adopted
at this time as an interim measure. We anticipate a major change
to be made to the Schedule of Water/Sewer Rates, Fees and Charges
once the City acquires the General Development Utilities water and
sewer systems later on this year. However, the minor amendments as
proposed now should be sufficient for the City's billing policies
for only those customers in Park Place and Palm Lake Club.
RECOMMENDED ACTION
Move to direct the City Attorney to draft a revised Rate
Resolution.
DATE:
City of Sebastian I
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 c3 FAX (407) 589-5570
MEMORANDUM
April 27, 1993
TO:
THRO UGH
FROM
Lonnie Powell, Mayor & Sebastian City Council
Robert S. McClary, city Manage
Rich Votapka, Utilities Director
SUBJECT: Amendments to the County, s Rate Resolution As
Adopted by the City of Sebastian
On. April 21, 1992, the City of Sebastian and Indian River County
entered into an "Interlocal Utilities Agreement" which provided
the mechanism allowing the City of Sebastian to develop, operate
and maintain its own municipal water and wastewater systems
within its corporate boundaries. Subsequently, on July 8, 1992,
the Sebastian City Council in their Ordinance No. 0-92-15 adopted
Indian River County's "Schedule of Water and Sewer Rates, Fees,
and Charges for 1992 and 1993" contained in its entirety in Cou/~ty
Resolution No. 91-31.
During meetings that I have had with the City Manager, Robb
McClary, and Marilyn Swichkow and Larry Napier of our Finance
Department, several items have emerged which necessitates
amending the adopted rate resolution as follows:
1) The current rate resolution has no reference to the $10.00
per month surcharge to be paid by all water and wastewater
customers residing in Park Place Mobile Home Park. The
"surcharge" was established in the July 11, 1989 "County Takeover
of Utility System" agreement with Nelson Hyatt, the owner of the
Park Place development. Although the same agreement has been
transferred to the City of Sebastian through the April 21, 1992,
"Interlocal Utilities Agreement", there is no specific reference
establishing it in the County's Rate Schedule adopted by the
City. For City fiscal and auditing purposes, the City should
amend its Rate Resolution to incorporate such language in its
rate structure as soon as possible. I recommend that a line item
be inserted in the Rate Resolution under "OTHER CHARGES" as
follows: "Park Place Surcharge ....... $10.00 per month"
County Rate Resolution
April 27, 1993
Page ~2
2)
The County's agreement with Nelson Hyatt establishes a ten
(10) year surcharge collection period from August 1, 1989.
The specific surcharge termination date of September 1, 1999,
will mark the tenth (10th) year anniversary date of the
County's initial billing period in which the $10.00
surcharge was billed for the month of August 1989.
This should be added as a foot note to the Rate Resolution
as follows: "The $10.00 per month surcharge will be billed
through August, 1999 in accordance with the July 11, 1989
Takeover Agreement".
3)
The Indian River County Utilities Department refunded $10,710
in deposits to all of the customers in Park Place and Palm
Lake Clu~ on January 6, 1993. Consequently, no deposits have
been transferred from Indian River County to the City of
Sebastian. Although the Rate Resolution requires a $50
deposit for a water and a sewer connection, it would be very
difficult for the City to re-collect all of the refunded
deposits after May 1, 1993. The recommendation would
therefore be to grant a deposit exemption on a one time
"grandfather" basis to those customers existing on the system
prior to May 1, 1993, the date the City of Sebastian inherits
the operation and maintenance of the Park Place Utilities
System from Indian River County. Those existing customers who
for reasons of non-payment of their utility bills have their
water and/or sewer service disconnected by the City of
Sebastian Utilities Department must pay a deposit and
reconnection charge before their service is restored. Of
course, all new customers after May 1, 1993, would be
required to pay deposits to the City at the current rate
prior to connecting to either the water or sewer system.
4)
The $12.00 "Charge for Returned Check" is recommended to be
revised upward to $20.00 to be consistent with present City
charges for returned checks.
5)
The County has a provision in its Schedule of "Water and
Sewer Rates" to pay 0.5% per month interest on all deposits.
This rate amounts to 6% interest per year. The
recommendation would be for the City to pay the prevailing
rate of interest. Our Finance Department can in their
computer software adjust the rate of interest each month
rather that to lock the City into paying a straight simple
interest. Interest rates based on the prevailing rate
would be more equitable for both the City and customer.
The above constitutes the current amendments to be made to the
Rate Resolution adopted on July 8, 1992. I am certain_that more
adjustments will be needed in the future especially when the City
acquires the General Development Utilities systems. However,
until such time, the amendments proposed above should be
sufficient for the City to better manage the financial accounting
policies and procedures for Park Place and Palm Lake Club
billings.
/sg
SCHEDULE OF WATER AND SEWER RATES. FEES. AND CHARGES
Irnoact F~ toe ~ and
SuOsecjuent yeats ~11 ~e incre~ '
in Ot~o~ion to
~gin~ing New
co~m~ion c~ ind~
aOPl~Dle to Indian R~ef Coun~
OTHER CHARGES
i OeOosits Reouired Uoon Opening.
Transferring. or Reconnecting
Sen, ice
1993
~ 1o.oo
Residential and Commercial
Pe~ ERU
HyOran~ Meter
Interest Rate P~d on Deposits
Charge for Returned Check
i=~=suance ot Duplicate
Sewer Tap
Meter Reolacement
I ~/8 Incl~
1 I/2 Incim
2 Inc, and L~ger
Me;er Removal
5Y8 Inc{1
i 1 inet1
I 112 Inch amcl Larger
S5C .00
~34,' .00
0.5 % Per M,
{;1; ,00
$' .50
Cost Plus Overnei
$IOC ,00
$~ .00
~0( .00
~ Plus
~( .00
~C
$4C .00
$54.00
$34.'
0.5 % Per Month
$1 '~
$1.50
Cos~ Plus Overne
$1¢ LO0
$12~.00
~OG .00
$30
~0[00
~50.00
$1.50
Plus Overnead
$i 00.00
~300.00
Cost Plus Overnead
I
I City of Sebastian
POST OFFICE BOX 780127 Q SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
AGENDA FORM
SUBJECTt
Ordinance No. O-93-12
Chapter 34 Cemetery Amendments
Resolution No. R-93-17
Cemetery Rates
APPROVED FOR SUBMITTAL BY:
city Manager: ~
) Agenda No. /~''~
) Dept. Origin City Clerk.
)
) Date Submitted 4/22/93
)
) For Agenda Of ~
)
) Exhibits: O-93-12
R-93-17
EXPENDITURE
REQUIRED:
~O~T
B~GETED:
APPROPRIATION
REQUIRED:
SUMMARY
The City Council, at its April 7, 1993 workshop, concurred with staff
recommendation pertaining to increase of current cemetery rates and
addition of rates for niches.
Although City Council concurred at that meeting to delete 4' X 4'
cremains lots, as staff had recommended, it was brought to our
attention that there are seventeen such lots left in the cemetery
~hich I recommend that we continue to sell until they'are gone.
Therefore, with the concurrence of the City Manager, rates for
cremains lots remain in the proposed resolution.
Proposed Resolution No. R-93-17 cannot be adopted until Chapter 34 of
the Code of ordinances is amended to provide for niches.
Proposed Ordinance No. 0-93-12 and Resolution No. R-93-17 are
presented for your review.
Review Ordinance No. 0-93-12 and Resolution No. R-93-17 and schedule
accordingly.
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTF~ 34 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CEMETERY REGULATIONS; ESTABLISH'/NG NEW RULES AND
REGULATIONS FOR NICHE INTERMENTS; AMENDING CERTAIN
LANGUAGE TO PROVIDE FOR. NICHE INTERMENTS; AMENDING
SECTION 34-2 PERTAINING TO TRUST FUNDS; AMENDING
SECTION 34-7 PERTAINING TO LOCATING OF INTERMENT SITES;
AMENDING SECTION 34-8 PERTAINING TO EASEMENTS ALONG
.INTERMENT SITES; AMENDING SECTION 34-9 PERTAINING. TO
P~UPERS' INTERMENT; AMENDING SECTION 34-10 PERTAINING
TO FEE FOR OPENING AND CLOSING INTERMENT' SITES OTHER
THAN DURING WORKING HOUP~; AMENDING SECTION 34-11
PERTAINING TO INTERMENT SITE PRICES; AMENDING SECTION
34-13 PERTAINING TO SALE OF INTERMENT SITES; AMENDING
SECTION 34-14 PERT/~INING TO A~PROVAL OF WORK ON
INTERMENT SITES; ANENDiNG SECTION 34-15 PERTAINING TO
FAULT OR GRAVE LINER REQUIREMENT; AMENDING SECTION 34-
16 PERTAINING TO INTERMENT REGULATIONS; DELETING
EXISTING SECTION 34-17 PRETAINING TO PROHIBITION OF
ASOVE GROUND INTERMENTS; ADDING A NEW SECTION 34-17
PERTAINING TO URN SIZE REQUIREMENTS; AMENDING SECTION
34-18 PERTAINING TO INTERMENT SITE M~HKERS; AMENDING
SECTION 34-19 PERTAINING TO ARTIFICIAL AND FRESH
FLOWERS; AMENDING SECTION 34-21 PERTAINING TO PRUNING
AND I~EMOV~L OF VEGETATION; AMENDING SECTION 34-22
PERTAINING TO PROHIBITION OF ENCLOSURES AND MOUNDS;
AMENDING SECTION 34-24 PERTAINING TO LIABILITY;
AMENDING SECTION 34-26 PERTAINING TO PROCEDURES FOR
RULE VIOLATIONS; /~LENDING SECTION 34-5'4 PERTAINING TO
DEPTH OF STANDARD LOTS; AMENDING SECTION 34-56
PERTAINING TO VEHICLES ON PLATTED LOTS; /~ENDING
SECTION 34-S? PERTAINING TO REMOVAL OF TENTS; AMENDING
SECTION 34-58 PERTAINING TO REMOVAL OF DIRT; PROVIDING
FOR INCLUSION iN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERA~ILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian recently purchased and
installed burial niches in the Sebastian Municipal Cemetery; and
WHEREAS, Chapter 34 of the Code of Ordinances of the City of
establishes rules and regulations for the Sebastian Municipal
Cemetery; and
WHEREAS, the City Council deems it necessary to include
rules and regulations for niches in Chapter 34 of the Code of
Ordinances;
WHEREAS, the City Council deems it necessary to amend
certain language in Chapter 34 to provide for niches.
NOW, THEREFORE, BE IT ORDHINED BY THE CITY COUNCIL OF THE
CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. That Section 34-2 of the Code of Ordinances,
city of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-2. Tr~st F%tlld.
(a) A cemetery trust fund is hereby established which
will be administered by the Finance Director under the
direction of the City Council.
(b) One-half of the proceeds from the sale of
interment sites in the cemetery shall be deposited into the
trust fund to be used solely for capital expansion of the
cemetery to provide for the plotting, acquisition, watering
system installation and related costs incidental to
providing additional grave spaces for future sale.
(c) Fund~ in the cemetery trust fund not employed in
capital expansion shall not be used for any purpose, but
shall be invested in United States government bonds, or
notes, or in certificates of deposit fully collateralized,
or deposited in a federal savings and loan 'association
having insured deposits, thereby drawinq interest at the
highest rate obtainable. The income from the trust fund
shall be used solely in the operation, care and maintenance,
and for capital improvements of and in the cemetery. As a
part of the consideration for the purchase of such interment
sites, the city obligates itself to use the proceeds of such
sales for no other purpose than as stated in this section."
SECTION 2. That Section 34-7 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
2
"Sec, 34-7, Locating of Interment Sites.
Ail interment sites must be located by the sexton or
other designated city official."
SECTION 3. That Section 34-8 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-8. Easement along in-grOund interment sites.
An easement is reserved along all in-ground interment
lines for water, sprinkler system, etc., as identified in
recorded plats."
~ECTION ~L That Section 34-9 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
~Sec, 34-9, Pauper's. interment sites..
Pauper in-ground interment and permanent markers for
paupers may be permitted with the approval of the cemetery
committee."
That Section 34-10 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Section 34-10, Fee for opening or closing interment site
other than during workweek,
When an interment site must be located and marked by
the sexton or other authorized city employee for interment
or the site must be opened or closed, and such work is
requested to be performed other than during the regular
working hours of the sexton or other authorized city
employee, then the city shall charge a fee to the funeral
home requesting the services, such fee as set by resolution
of the city council, from time to time."
SECTION 6= That Section 34-11 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-11. Interment site prices.
Prices of interment sites in the cemetery shall be
uniformly set by resolution of the city council, from time
to time."
SECTION 7. That Section 34-13 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-13. Sale of interment sites.
No interment site owner shall allow interments in their
interment site for remuneration, nor shall any transfer of
interest therein be valid except by written consent of the
city. No interment sites shall be bought or sold for
speculation."
SECTION 5~ That Section 34-14 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-14. Approval of work on interment sites required.
No work of any kind may be done on interment sites
except by the cemetery sexton or his designated
representative, excepting opening and closing of lots by the
vault company and installation of monuments or markers that
meet with the cemetery sexton's approval in accordance with
the rules and regulations."
~ION 9. That Section 34-15 of the Code of Ordinances,
C~ity of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-15. VaUlt or grave liner required.
All interments in standard lots in the cemetery shall
be required to have a concrete vault or other approved
permanent type grave liner installed before burial. Ail
cremains must be placed in a suitable approved permanent
type container."
SECTION 10. That Section 34-16 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended by deleting it in
its entirety and adding a new Section 34-16 as follows:
"Sec. 34-16. Burial of human dead only; number of
interment.
Ail interment sites shall be used for the interment of
human dead only. Number of interment per individual site is
as-follows:
(a) Standard Lots. 0nly one interment shall be made
in a standard 4' x 8' lot except in the case of: a mother
and infant; two children under one year of age, not
necessarily in one coffin; one coffin and one cremain; and,
two cremains.
(b) Cremains Lots. Only one cremains interment shall
be made in a 4' X 4' cremains lot.
(c) Niches.
in a niche.
Only one cremains interment shall be made
SECTIQN 11. That Section 34-17 of the Code of Ordinances,
City of Sebastian, Florida, is hereby deleted in its entirety and
a new Section 34-17 is added as follows:
"Se=. 34-17. Urn size requirement for niche interments.
Urns for interment in niches shall not exceed nine
inches in width, eleven inches in height and eleven inches
in depth."
SECTION 12. That Section 34-18 of the Code of Ordinances,
city of Sebastian, Florida, is hereby amended to read as follows:
"Se=. 34-18. I:ter~ent site
(a) Standard and cremains lots.
(1) Design. The following provisions shall apply
to standard and cremains lot markers:
i. Inscriptions. A marker may contain the full
name of an individual, date of birth and date of death.
In addition, symbolic floral carvings; family crests or
emblems; religious marking; fraternal emblems; suitable
epitaph; and designation as to relationship of the
deceased (such as son, daughter, husband, father, etc.)
5
may be used.
ii. Veteran's markers. Those markers received from
the Veterans' Administration may include such
information as name, rank, serial number, date of
death, and other information such as the Veterans'
Administration from time to time places on such
markers.
(2) Placement. Ail cemetery plat markers shall be
either bronze, marble or granite, and shall be flush with
the ground. No permanent attachments shall be above the
marker. No slabs of any kind will be permitted; provided,
however, to preserve the historic nature of Units i and 4 of
the Sebastian Cemetery, and where there are existing slabs
and aboveground markers, restoration of existing slabs and
aboveground markers will be permitted.
(3) Size. The maximum size marker for a single
gravesite shall not exceed 48 inches in height, 36 inches in
length, 18 inches in width and eight inches in thickness.
The maximum size marker for a double gravesite shall not
exceed 48 inches in height, 72 inches in length, 18 inches
in width and eight inches in thickness.
(4) Alignment. Ail markers shall be in a line
consistent with each other. If not meeting the final
approval of the cemetery sexton, the unapproved markers
shall be removed, repaired or realigned at the monument
company's expense.
(5) Concrete base. Ail markers shall have a suitable
concrete foundation provided by the monument company.
(6) Period for installment after burial. Ail markers
shall be installed within 120 days after burial. Where this
regulation renders a hardship or presents any special
problems, such as an estate not settled, special
consideration will be given. Request for special
consideration should be made in writing to the Sebastian
city Clerk, Post Office Box 780127, Sebastian, Florida
32978.
(b) Niches.
(1) Design. Ail niche markers shall be bronze
plaques, provided in the cost of the niche, engraved and
installed by the City of Sebastian. Bud vases can be
purchased by the niche owner through the City of Sebastian
to maintain uniformity.
i. Inscription. The bronze marker shall include
the full name, date of birth and death of the decedent.',
SECTION 13. That Section 34-19 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-19. Artificial and fresh flowers.
Artificial flower arrangements will be permitted to
remain until they become faded or unsightly. Fresh flowers
will remain until unsightly. No glass or ceramic flower
containers or ornaments shall be allowed. No wires shall be
allowed to hold flower arrangements permanently in place at
the interment site."
City
SECTION 14~ That Section 34-21 of the Code of Ordinances,
of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-21. Pruning and removal of vegetation.
No trees, plants or shrubs shall be planted, pruned or
removed except by the sexton or person in charge who shall
have authority to do so upon any interment site when he/she
may consider such planting, pruning or removal necessary."
SECTION 1~. That Section 34-22 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-22. Enclosures and mou~ds prohibited.
Enclosures of any nature, such as fences, copings,
hedges, ditches, etc., shall not be allowed around any lot.
Grave mounds will not be permitted."
~ 16. That Section 34-24 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-24. No liability.
The city is not responsible for theft or damage to
anything placed on any interment site."
7
SECTION 17. That Section 34-26 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-26. Rule violations; procedures.
If any of the rules contained in this chapter are
violated, the sexton or other city employee should bring the
matter to the attention of the city clerk for the specific
interment site involved. The city clerk will then notify
the owner of the interment site or his estate or last known
relative by certified or registered mail. The clerk shall
send a copy of the rules and regulations with the specific
items underlined in reference to the alleged violations; and
a brief letter notifying them of the appropriate action
against the violator should the violation remain uncorrected
beyond a reasonable period of time."
~.ECTION AS. That Section 34-54 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Se=. 34-$4. Minimum depth for standard lot interments.
Standard lot interments must excavated to at least five
feet deep at the shallowest point. Cremain urns interred in
standard or cremains lots must be covered by a minimum of
ten inches of soil."
SECTION 19. That Section 34-56 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-56. Use of vehicles on platted lots.
The vault company and contractor (gravedigger) shall
exercise care in driving a vehicle from cemetery roads onto
platted lots to haul fill for a vault. Adequate protection
by use of timbers, plywood and other approved devices shall
be provided to adjacent lots. The vehicle shall remain in
low gear while on platted lots and proceed slowly in and out
to the roadway."
8
SECTION 20. That Section 34-57 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-57. Removal of tent after burial.
The vault company or contractor (gravedigger) shall
remove his tent as 'soon as practicable after completion of
the ceremony and interment."
~ ~.1~ That Section 34-58 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-58. Removal of ex:ess 4irt.
The vault company or contractor (gravedigger) shall
remove all dirt from adjacent gravemarkers, monuments, etc.,
as he completes interment. Surplus dirt shall be hauled to
the spoil site as designated by the sexton or other
designated city official."
SECTION 2~. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
$~CTION/~_~ CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that. the provisions of this. ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida; that the sections of this ordinance
may be renumbered or relettered to accomplish such intention; and
that the words "ordinance" may be changed to "section",
"article", or other appropriate designation.
~ ~.~. SEVERABILITY. In the event a 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 and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
~ECTION ~_~. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance was moved for adoption by Council
Member
Council Member
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~ day of , 1993.
CITY OF SEBASTIAN, FLORIDA
By:
Lonni~ R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
10
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearing was held on
this Ordinance at 7:00 p.m. on the day of ,
1993, and that following said publi~--~aring this ordinance was
passed by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
RESOLUTION NO.: R-93-17
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RELATING TO CEMETERY RATES;
ESTABLISHING NEW RATES FOR THE SALE OF CEMETERY LOTS
IN THE MUNICIPAL CEMETERY; ESTABLISHING NEW RATES FOR
THE S~LE OF NiCHES IN THE MUNICIPAL CEMETERY;
DESCRIBING THE SERVICES PROVIDED AND THE FEES CHARGED;
ESTABLISHING RATES FOR CREMATION INTERMENTS AND
CORNER MARKERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County,
Florida owns and operates a municipal cemetery; and
WHEREAS, the City has previously established rates with
respect to municipal cemetery by
resolution, 34-11 of the Code of
cemetery lots in said
as required by Section
Ordinances of the City of Sebastian; and
WHEREAS, the City has recently purchased and installed
niches in the municipal cemetery; and
WHEREAS, The City Council for the City of Sebastian has
determined that due to substantial increases in the population of
the State of Florida in general, and in Indian River County in
-particular, there exists the possibility that interment space in
the municipal cemetery will be exhausted; and
WHEREAS, the City Council has further determined the
existing rates for cemetery lots in the municipal cemetery are
substantially below those charged by private and municipal
cemeteries in the surrounding area; and
WHEREAS, there are approximately 17 individual cremains lots
which the City wishes to sell until such time as they are phased
out; and
WHEREAS, the City Council has determined that in order to
assure adequate interment space for the residents of the City of
Sebastian, existing rates must be increased to amounts comparable
to those of other cemeteries in the surrounding area and rates
must be established for niches.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
~ ~. CITY RESIDENTS. The price for interment space
for individuals who reside in the corporate limits of the City of
Sebastian, and in the unincorporated area of Indian River County,
located north of the City of Sebastian, known as Roseland, shall
be as follows:
(a)
(b)
(c)
Section ~.
$500.00 per individual lot;
$250.00 per 4-foot x 4-foot cremation lot;
$650.00 per individual niche.
COUNTY RESIDENTS. The price for interment space
for individuals who reside in Indian River County,. other than
individuals residing in the City of Sebastian or iR Roseland,
shall be as follows:
(a)
(b)
$750.00 per individual lot;
$375.00 per 4-foot x 4-foot cremation
$900..00 per individual niche.
lot,
Sectio~ ~. OUT-OF-COUNTY RESIDENTS. Interment space may be
purchased by individuals not residing in Indian River County on
an availability basis and the price for such interment
space shall be as follows:
(a) $900.00 per individual lot;
(b) $450.00 per 4-foot x 4-foot cremation lot;
(c) $1,050.00 per individual niche.
Sectio~ A. SERVICES INCLUDED. The purchase price for
inground interment lots includes sodding of the grave site and
perpetual care, but does not include the cost of installing a
suitable concrete foundation for grave markers as. required by
Section 34-18 of the Code of Ordinances of the city of Sebastian.
The purchase price for niche interment space includes a bronze
plaque provided, engraved and mounted by the City of Sebastian.
Section ~..~. CREMATION B~BS INTERMENTS~ OPENING OR CLOSING
GRAVE/NICHE OTHER T~AND~ING NORMAL HOURS. The fee for opening or
closing a grave or niche during a time that falls outside of the
regular working hours, such as evenings, weekends and holidays,
shall be $50.00.
Section 6. CREMATION B~A~S ~NTERMENTS. The fee for
cremation interments shall be as follows:
(a) $15.00 per cremation interment;
· (b) $20.00 per cremation disinterment;
Section 7. CORNER MARKERS. The fee for corner markers with
last name and initials of the deceased shall be $11.00 per set of
four.
Sect'o%_pB ~. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Sectio~ ~. SEFERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Sectio~ 10.
effect immediately upon its adoption.
The foregoing
Councilmember .
Councilmember
the vote was as follows:
EFFECTIVE DATE. This Resolution shall take
Resolution was moved for
adoption by
The motion was seconded by
and, upon being put into a vote,
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilman Norma J. Damp
· Councilman Robert Freeland
The Mayor thereupon declared this Resolution duly passed as
adopted this day of ., 1993.
CITY OF SEBASTIAN, FLORIDA
Attest:
BY:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash,
City Attorney
5
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 Q FAX (407) 589-5570
SUBJECT:
Status report of
Personnel Director
APPROVED FOR SUBMITTAL BY:
City Manager: ~~5~
EXPENDITURE
Dept. Origin Pe.~.$.o. nne 1
Date Submitted 4/~9/93
For Agenda Of 5/05/93
Exh ib it s:
Widmann memo dated
April 28. 1993
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian determined that there was a need for a full-
time Personnel Director to direct and coordinate the City's
personnel program. This includes developing, implementing, and
administering all phases of the City's systems including
recruitment, selection and placement, position classification, pay
administration, training, employee evaluation, and labor
negotiations. This position is responsible for administering and
complying with unemploymentand workers' compensation programs; for
training staff on the Americans with Disabilities Act ("ADA"), the
Family and Medical Leave Act and the Civil Rights Act; for
preparing and negotiating two (2) separate labor agreements; for
ihterpreting contracts and policies to ensure fair employment
practices are adhered to; for representing the City as the
Affirmative Action Officer and Safety Officer~ for administering
and maintaining employee benefits programs; for developing and
administering a salary administration and job classification plan;
for developing recruitment and hiring procedures; and for
establishing an effective performance appraisal program.
The attached memo provides detailed information on the activities
of the Personnel Director since 2/22/93; the goals set for the
remainder of Fiscal Year 1993; and the priorities of those
activities.
RECOMMENDED ACTION
Review activities and priorities of the Personnel Department. iD
City of Sebastian
POST OFFICE BOX 780127 (3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 c] FAX (407) 589-5570
INTER-OFFICE MEMORANDUM
TO: ROBERT S. McCLARY DATE:
CITY MANAGER
FROM: WENDY WiDMAN~~-~ RE:
PERSONNEL DIRECTOR
APRIL 28, 1993
OPERATIONAL STATUS
OF PERSONNEL DEPT.
The purpose of this memo is to outline the activities I have
accomplished to date; to outline the activities I hope to begin
within this fiscal year; and a list of the priorities.
ACCOMPLISHMENTS
PERSONNEL FORMS/FILES
Personnel files - separated medical information from person-
nel information in files. (Personnel files are public infor-
mation, medical information is not and medical information
must be in a separate file according to Americans with Dis-
abilities Act.)
Set up a new application for~ in compliance with ADA.
(Deleted mention of workers comp., claims and ability to
perform the job duties; revised the format so it is easier to
read by applicant and supervisor.)
Designed a new internal application form for in-house
applicants.
Set up "back up" system to make performance appraisal review
dates "goof proof".
Set up an Employee Verification form to document calls,
primarily from banks, to be placed in employee's personnel
file.
e
Designed new Personnel Action Memo - one for new hires; one
for internal changes. Did a "mini" training program for users
of the form to explain the need for the changes and explain
their role in helping implement the change. Also got feedback
on changes that needed to be made on the form.
Review all Personnel Action Memos to make sure all information
is correct (ie. pay, effective date, etc.)
AMERICANS WITH DISABILITIES ACT
1. Revised application form to comply with ADA.
2. Re-instituted the Self Evaluation Committee.
3. Provided supervisory training on ADA on 4/23.
Talked with the Treasure Coast Services for the Deaf regarding
a contract to provide the City with interpreters for the deaf.
Changed employment process to require supervisors to
recommend an applicant for hire; Personnel sets up back-
ground check; past employment references; physical and drug
screening. Upon receipt of all information, Personnel makes
a final offer of hire.
CONTRACT ISSUES
Coordinated information for labor relations attorney to
finalize petition to P.E.R.C. (Public Employees Relations
Commission) to clarify positions that are under the C.W.A.
(Communications Workers of America) collective bargaining
agreement. Provided attorney with numerous documents to
substantiate title changes; job descriptions; phone interviews
with employees & supervisors, etc.
Sat in on one and conducted one Step 3 grievance hearing (City
Manager level) for CWA grievance.
3. Set up file with ideas/suggestions for changes in the upcoming
contract negotiations.
EMPLOYEE ISSUES
1. Listen to employee comments/concerns.
Resolve informal concerns. (Policy on hire date for part-time
to full-time employees; correct dates for merit increases;
explain policy concerning demotion; resolve employee concerns
regarding pay back to City of overpayment of general wage of
Oct. 1992 are just a few of the issues.)
Help supervisors deal with employee issues, including
grievances·
4. Set up, wrote and typed City employee newsletter.
RECRUITMENT ISSUES
1. Coordinated the filling of 27 vacancies since 2/22/93.
Facilitated the selection of the Golf Course Pro/Manager.
(set up screening grid to help make committee's decisions on
applicants to be interviewed easier; set up meetings;
contacted finalists and set up "tours" and interview times;
etc.)
SAFETY ISSUES
Set up Safety Committee - first meeting to be held in early
May.
Sick Building - met with Doctor to discuss City's best course
of action to help employees; met with McCreary to determine
best course of action to take to limit City's liability.
Worker's Compensation - set up claim review/status form for
active files under ISAC - six active claims. Currently
involved in one active case.
Worker's Compensation - set up list of all current claims and
their status; also set up list of number of complaints by
year..
TRICO Safety Committee - meet with other members on 4/26/93 to
discuss TRICO safety manual.
SPECIAL PROJECTS
Assisted Utilities Department in conducting a survey of
surrounding utility departments getting information concerning
positions, salaries, forms, etc.
2. Set up policy concerning early release of paychecks.
President of Treasure Coast Personnel Association -although
not directly tied to City employment, this group has provided
me with vast resources to contact concerning personnel issues,
forms, etc.
Set up Employee newsletter - monthly information to help
communicate with all employees; provide them with interesting
and helpful information.
Wellness Survey - wrote up, distributed and compiled the
results of the survey.
Set up job description for new Assistant Golf Professional
position.
IMMEDIATE PRIORITIES
1. C.W.A. contract negotiations.
2. F.O.P. contract negotiations.
10.
A.D.A. compliance issues - Self Assessment and Transition
Plans.
11.
Workers' Compensation - controlling $ of claims and costs of
claims already filed.
Safety Committee - compliance with O.S.H.A. regulations
concerning Right-to-Know law and airborne pathogens. Get
committee to find safety problem areas and correct them where
possible·
Health Insurance/Liability Insurance - set up committee to
review costs to-date and come up with suggestions to increase
the number of participants who elect to obtain dependent
health care; also review current policies to limit the City's
liability, so both our insurance funds are "healthy" and
solvent.
Help individual departments write up new job descriptions,
listing essential functions. (ADA requirement)
Provide. Employee training on Right-to-Know safety law. (FLA.
Workers Compensation requirement)
Program for all employees who drive City Vehicles:
1. Annual check list to make sure license valid.
2. Defensive Drivinq Training for all employees who drive a
City vehicle.
(Liability Issue - provides City with a legal defense in the
event that an employee has an accident in a City vehicle.)
Review all policies to comply with Family Medical Leave Act.
(Law goes into effect on Auqust 5, 1993)
Supervisory Training - help supervisory staff understand laws,
which if not followed are costly to the City (ie. unlawful
discrimination, sexual harassment, workers compensation,
supervisor'$ accident report, incident reports for documen-
tation leading up to terminations; etc.)
SUMMARY
The immediate priorities were selected primarily for two reasons:
current law requires our immediate attention, or the cost to the
City for not complying with these priorities could be astronomical.
The Personnel Department provides all departments with technical
assistance and support to ensure the City is getting the best
possible value for their tax dollars. The City's biggest resource
is its employees, and I look forward to helping the City utilize
those resources to the maximum extent possible by recruiting,
hiring and maintaining a workforce that provides the best possible
services to our customers -- the residents of the City of
Sebastian.
doc: agenda
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