Loading...
HomeMy WebLinkAbout07121995 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 GEN SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 12, 1995 7:00 PM OR SOON THEREAFTER CITY COUNCIL CHAMBERS I 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting- limit often minutes per speaker (R-95-23) 1. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - No One Available 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-23) 6. PROCLAMATIONSAND/OR ANNOUNCEMENTS 95.013 PGS 1-6 95.121 PGS 7-9 PUBLIC HEARING. FINAL ACTION. The normal order of business for public hearings (R-95-23) is as follows: Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public Input Staff Summation Mayor Closes Hearing Council Action 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 City Council. A. ORDINANCE NO. 0-95-19 - Accessory Buildings (0-95- !9) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, REGULATING ACCESSORY BUILDINGS, PROVIDING DEFINITIONS, PKOVIDING FOR SEVERABiLITY, PKOVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/24/95, 1st Reading 6/14/95, Advertised Legal Notices 6/28/95, PH 7/12/95) CONSENT AGENDA AH items on the consent agenda are considered to be routine and will be enacted by one moaon. 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. Michelle Jones - Request Use of Community Center - 7/29/95 - 8 p.m. to 1 a.m. - A/B - Security Paid - Proof of Age Submitted (City Clerk Transmittal dated 7/5/95, Application, Pg 3 of R-94-50) 2 95.122 PGS 11-20 10. 95.123 PGS 21-22 11. 12. 95 .O98 PGS 23-42 95.124 PGS 43-61 RESOLUTION NO. R-95-40 - Vacation of Easement (City Clerk Transmittal dated 7/5/95, R-95-40, Application, Survey, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH FiVE FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 9, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-82C, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. PRESENTATIONS - None COMMITTEE REPORTS/RECOMMENDATIONS A. CONSTRUCTION BOARD Accept Resignation of Keith Miller Effective Immediately (Director of Community Development Transmittal dated 6/26/95, Miller Letter) OLD BUSINESS - None NEW BUSINESS Ao Consulting Engineer Rate Structure - Masteller & Moler, Inc. - Authorize Mayor and City Clerk to Execute Professional Services Agreement and Rate Structure (City Manager Transmittal dated 7/6/95, Proposed Agreement w/Attachments) Approve Professional Services Agreement - Golf Course Professional Manager - Appoint Patrick Cerjan (City Manager Transmittal dated 7/6/95, Golf Professional Service Agreement, Resume) 95.043 PGS 63-72 95.125/ 94.242 PGS 73-84 13. 14. ORDINANCE NO. 0-95-20 - Amending 0-95-11 Occupational License Fees (City Clerk Transmittal dated 7/6/95, 0-95-20, Excerpt of 6/14/95 Minutes w/Exhibit "B") 1st Reading, Set Public Hearing for 8/9/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, AMENDING CHAPTER 30, SECTION 30.51, ARTICLE II, OF THE CODE OF ORDINANCES; REVISING THE OCCUPATIONAL LICENSE TAX FEE SCHEDULE; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-95-39 - Quasi-Judicial Procedures (City Clerk Transmittal dated 7/6/95, R-95-39) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, REVISING PROCEDURES FOR QUASI- JUDICIAL HEARINGS; SETTING OUT RULES; DESIGNATING THE CONTENTS OF THE RECORD; ESTABLISHING PROCEDURES FOR EVIDENTIARY RULINGS; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CiTY COUNCIL MATTERS B. C. D. E. Mrs. Louise Cartwfight Mrs. Norma Damp Mr. Raymond Halloran Mayor Arthur Firtion Vice Mayor Carolyn Corem 4 15. 16. 17. CITY ATTORNEY MATTERS CITY MANAGER MATTERS 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, WTYICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.010.5 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS iNADVANCE OF THIS MEETING. ORDINANCE NO. O'~'/9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, REGULATING ACCESSORY BUILDINGS, PROVIDING DEFINITIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Code of Ordinances to regulate the construction of accessory buildings in the City; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to so amend the Code of Ordinances. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-5.7 of the Code of Ordinances, City of Sebastian, is hereby amended to read as follows: Sec. 20A-5.7 Accessory buildings. A. Definition. "Accessory Building" shall be defined as any structure or portion thereof located on a lot in a residential district which is not designed primarily for use as Living area. The homeowner shall have the burden of showing that a structure or portion thereof is designed primarily for use as living area. B. Presence of principal building required. No accessory building shall be constructed upon a lot until the construction of a principal building has been started and no accessory building shall be used unless the principal building has received a certificate of occupancy. Location. General rule for location. No accessory building or structure shall be located in any required yard (setback). Furthermore, no detached accessory building or structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. Corner lots. Notwithstanding the provisions of paragraph 1, accessory buildings may be located to the front of the front setback line along the boundary of the secondary front yard of an improved corner lot, provided that said secondary front yard does not abut an interior lot. (Ord. No. 0-93-01, & 50, 2-24-93) General regulations of accessory buildings. No mobile home, travel trailer, truck trailer or any portion thereof, or motor vehicle shall be permitted as an accessory building. No accessory building shall be constructed or maintained without a building permit being issued by the city's building official expressly designating the type of accessory building (example: garage, shed, pump house). The building official shall not issue a building permit if the application for a building permit does not specify the type of accessory building which the applicant seeks to construct or to maintain. The building official shall not issue a building permit if the accessory building does not comply with any other provisions of the land development code or the Code of Ordinances of the City of Sebastian. No detached accessory building shall be constructed or maintained if the height thereof exceeds the height of the principal structure that is located on the same real estate parcel or lot. No detached accessory building shall be constructed or maintained if the square foot area thereof exceeds seventy-five (75) percent of the living and nonliving square foot area of the principal structure that is located on the same real estate parcel or lot. 2 Any detached accessory building over 200 square fee~ in area and any attached or detached accessory building~ith a door opening higher than seven (7) feet in height must be reviewed and approved by the Planning and Zoning Commission utilizing the following criteria: a). The exterior of the accessory portion of the structure including mass, facade and materials, shall be in harmony with the overall general character of the structure containing the primary residence. b). Exterior facade material shall be compatible in appearance and color with the facade of the principal building structure. No exterior siding shall be of metal or vinyl, unless the owner proves to the satisfaction of the Planning and Zoning Commission that the siding shall be of such quality and style that it will be compatible in appearance, color, and design with the principal building structure, and in harmony with other structures in the general area. c) . The ridge line of the roof for the accessory building shall not be higher than the roof ridge line of the primary structure. d) . No portion of an accessory building that has exterior walls higher than the structure containing the primary residence shall extend beyond the front building line of said primary residence. E. Exception - One dock on single-family residential parcel. Notwithstanding anything above, one boat dock may be built adjacent to a lot or parcel of land that is then zoned for single-family residential use provided a building permit for such dock is obtained from the City of Sebastian pursuant to the following conditions: The applicant shall submit to the planning and zoning commission an application for a permit along with a fee of fifty dollars ($50.00). The application shall contain a plan showing the exact location of the proposed dock, its height, elevation, length, width, and the material of construction. The application shall also contain a copy of all other permits that may be required for such dock from the State of Florida and the U.S. Government, if applicable. The application shall also contain an executed written contract between the city and all owners of the parcel, including mortgage holders, if any, that states that all owners and their successors in title shall take such action as is required by the City to ensure that no use is made of the dock until such time as the single-family residence is built on the lot and a certificate of occupancy has been issued for such residence. The application shall also show the zoning applicable to the lot, and shall show the size and dimensions of the lot, and all lot lines and easements. The planning and zoning commission shall be required to review the said application, and may impose reasonable additional qualifications on the permit depending on the facts of the case. If the requirements are met, however, the permit shall not be unreasonably withheld. Prior to the issuance by the building official of any such dock permit, the aforesaid contract shall be recorded by the owners and a true copy of the recorded contract shall be delivered to the building official, along with a performance bond in the amount of the cost ~f the dock, or five thousand dollars ($5,000.00), whichever is greater, which bond shall insure that the dock shall be removed if the city's code enforcement board finds and determines that the lot owner(s) have allowed or suffered anyone to use said dock prior to the issuance of the certificate of occupancy for the residence on the lot. 4. No dock built shall involve any dredging or filling other than is necessary to install pilings to support such dock. The dock shall be supported by pilings or shall be a fully floating dock with only the floats being positioned by the pilings. 5. The dock shall not unreasonably impede the flow of water or be a hazard to navigation on the water adjacent thereto. 6. The generally applicable provisions of the code enforcement board shall apply; however, if the code enforcement board finds a violation of the requirements to have been committed, the city may take all appropriate actions to enforce the said performance bond, which bond shall remain in full force and effect until such time as the required certificate of occupancy shall have been issued for the single family residence. (Ord. No. 0-87-14, § 1, 5-13-87; Ord. No. 0-90-15, §§ 1, 2, 12-12-90) Section 2. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, retettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 3. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction t© be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. This Ordinance shall become effective thirty (30) days after its passage and adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF 1995. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF , 1995. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1995. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: ifton A. McClelland, ty Attorney Jr~ 6 City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Use of Community Center for Birthday Party APPROVED FOR SUBMITTAL BY: City Manager: EXPENDITURE REQUIRED: AGENDA FORM AGENDA NO. .,/ Dept. Origin : .... City Clerk.__~~ > Date Submitted:__July 5, 1995 For Agenda Of: __July 12, 1995 ..... Exhibits: Application Received 6/27/95 AMOUNT BUDGETED: SUM-I~ikRY STATEMENT APPROPRIATION REQUIRED: The City of Sebastian has received a request from Michelle Jones requesting permission to use the Community Center on July 29, 1995 from 8:00 PM to 1:00 AM for a birthday party. She is also re~luesting the use of alcoholic beverages at the event and an extension ~of time to 1:00 AM, both requiring approval by City Council per Resolution No. R~94-50, Section 1., Paragraphs I and K (copy attached). A security deposit of $250.00 was received and also a rental fee of $115.00 plus tax of $8.05 will be paid before use. RECOMMENDED ACTION Approve the request with the use of alcoholic beverages and permission to extend the time to 1:00 AM. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION ] COMMUNITY CENTER [ ] YACHT CLUB Name of Permittee : Address of Permittee · . .... Name of Organization or Group if Apphcable: Reason for Rental: ~ . Q'J~.,'~ Requested Date: Oc'~-..-~.-,~Ct- ~,~' Telephone No.: Approx # of Persons Attending Event: Time of D~.: From '~: OODo.-~ To: Please Answer YES or NO: 1) Are kitchen facilities required? 2) Are you a resident of Sebastian? 3) Will decorations be put up? 4) Will there be an adm/ssion or door charge? 5) Will alcoholic beverages be served? q ~_.~.~ (a) If answer to #5 is Yes, Permittee's l~oof of Age: 4 ) ~.~(:D~q.,~'"¢~' "-'~ ~_ ,~L.-. (b) If alcohol is to be served, permission is required by City Council. Your request will be presented to Council on Security Deposit $ :~:::~O, ~O Rental $ ~f~',~-)(j., -~' + 7% Tax Make Checks Payable to: CITY OF SEBASTIAN ' ~'* SPECIAL NOTE: A service fee of 5% or $20.00 (whichever is greater) may be charged for any dishonored check per Florida State Statute 166.251. OFFICE USE_ Security Deposit Paid Rental Fee Paid On Date Cash Check Date Cash Check Alcohol Beverage Request heard at the Council Meeting on Key ~ckup Date Security Deposit Returned By City Check No. Comments: Key Return Date in the amount of Initials O N,LY, Initials .APPROVED/DENIED on G. No decoration of any type shall be permitted without the prior approval of the City. Any decoration utilized must be removed by the perm~ttee. H. In the event that gambling activity is to be a part of the permitted use, the City Council shall make a determination that such activity is not in conflict with the general law of the State of Florida. I. No alcoholic beverages of any type may be brought on to the premises, dispensed, or otherwise consumed without prior authorization of the City Council. The Council shall make specific provisions in the permit with regard to consumption of alcoholic beverages. J. The permittee shall not, under any circumstances, remove any chairs, tables, or any other equipment from the facility. K. Unless otherwise directed by the ~ity Council, all permitted activities shall cease no later than 11:00 p.m. L. The permittee shall bear the responsibility for the control of the lights, thermostats, and other equipment in the facility. Further, the permittee sha/1 bear responsibility for the unlocking and subsequent securing .of the doors of the facility. In the event tha~ an applican% anticipates, any special needs with regard to heating, air conditioning, or lighting, he shall disclose the details of such necessities to the city Clerk at the time of application. The Clerk shall then determine if an additional fee is necessary. City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-95-40 Vacation of Easement - Thomas Lot 9, Block 339, Unit 13 APPROVED FOR SUBMITTAL BY: City Manager: (~~ AGENDA NO. Dept. Origin 'City_ Clef Date Submitted: 07/05/95 For Agenda Of: 07/12/95 Exhibits: R-95-40 Application Survey No Objection Letters EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT We have received a request for an abandonment of the North five feet of the South twenty foot Public Utility and Drainage Easement of Lot 9, Block 339, Sebastian Highlands Unit 13. All utilities and appropriate City departments have been notified and have no objections. Their letters are included in your packet. RECOMMENDED ACTION Adopt Resolution No. R-95-40. RESOLUTION NO. R-95-40 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH FIVE FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 9, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, ACCORDING TO TH]E PLAT THEREOF, RECORDED IN PBI 7-82C, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. VACATION OF EASEMENT. The City of Sebastian, Indian River County, Florida, does herewith vacate, abolish, abandon and discontinue all that porcion of land previously dedicated for easement and described as follows: The North five feet of the South twenty foot Public Utility md Drainage Easement of Lot 9, Block 339, Sebastian Highlands Unit 13, according to the plat thereof, recorded in PBI 7-82C, of the Public Records of Indian River County, Florida. ~ REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ RECORDING. This resolution shall be recorded in the public records of Indian River County, Florida. ~ EFFECITVE DATE. This resolution shall be in full force and effect immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was OWS: Mayor Arthur L. Firtion Vice Mayor Carolyn Corem Councilmember Louise tL Cartwright Councilmember Norma J. Damp Councilmember Raymond W. Halloran The foregoing Resolution was duly passed and adopted by the City Council of Sebastian, Florida, this day of , 19__. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/A. AE City Clerk (SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared Arthur L. Firtion and ~ O'Halloran known to me to be Mayor and City Clerk respectively, and neither of them took an oath. wrrNESS my hand and seal in Indian River County, Florida, the day of , 1995. Approved as to Form and Content: Linda M. Galley NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: Clifton A. McClelland, jr., City Attorney 2 CITY OF SEBASTIAN APPLICATION FOR VACATION OF EASEMENT(S) (This request shall no be accepted unless completed in full) NAME: ,'~A ~ ~,t~4 -3;Io,.~ ~ ADDRESS: ~q0 (~C 4 ~a.9 ~'~ ~vj. '%~ ~'% %~ ~ ~ ..... ~- 5~% ~.~' TELEPHONE NO. '~- A~ ~'5 TYPE OF ENTITy:* *Individual, corporation, etc. - If corporatio~ apply corporate seal below LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: (Attach description on attachment if necessary) DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: (This item tO be filled in by Building Official) APPROXIMATE SIZE OF EASEMENT: qot o'" feet in length 2o~o'kn width PURPOSE FOR REQUEST TO VACATE: (Explain in detail your need to release this easement) I HEREBY CERTIFY that I, the Applicant, own the real property on which the easement I request to vacate exists, or I am authorized to present this request to vacate by the owner of the real property. '~ ,~ "t-(- ~7'-,.~'-~,,.~.,-..~_- Signed: (ti'tls, if any) Date Print Name Hers Corporate Seal Attach hereto the following: (vi 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11" showing the parcel Of land on which the easement exists, with parcel(s) of land adjacent to the easement requested · to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWINQ. ( ) 2. (N/A) ( ) 3. (N/A) Complete legal description of the parcel of land on which the easement exists if the full description cannot be placed on tho lines provided above for the description. Written authorization of tho owner of the parcel of land on which the easement exists if the applicant is not the owner. ( ) 4. (N/A) IF IT IS NECESSARY TO GRANT BACK ANOTIIER EASEMENT TO REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT. ( ) 5. Attach a check or money order payable to "The City of Sebastian" upon submittal of this application to the Office of the City Clerk. This application fee is not refundable. The fee is $2§.00. ( ) 6. OTIIER: Date Reoeiv~d by the Office of 'the Cl,~y~ Clerk~ filei ~ban-.app / z - I I I I I U~-U~/-9b U4'3U FMYROM ~TF. ENGINEERING ' P001 Cit o/Sebastian 122S MAIN STREET a SEBA~IAN. FLORIDA 32958 TELEPHONE (407)589-5330 = FAX (~7) 589-5570 ~une 5~ 1995 Jim Kiernan Sou=~ern ~ell Telephune ~ 3 O00keechobee Road F~. Pierce, Florida 34947 Dear Sir: The City of Se~as=ian ~a~ been requested =o grant approval for an abandonmen= of ~e North five (5) feet of th~ Sou~ twenty foot Public U~ili=y and Drainage Easemen= of Lo~ ~, Blook 3~, Sebastian Highlan~e Uni~ 1~. A =opy of ~e survey for your info~a=~on.. In compliance wi~ City.ur Sebas=~an ordinance ~0-76-4, June 14, Should you ~ave any ~es~i~ns =~no~rn~ng ~ ~t~er~ contact my offio~ a= 5~9-~30 between the hours of 8.00 A.M. and 4.~0 Ka[hryn M. O Halloran, ~C/~E Cit~ Clerk KOH. lmg June 15, 1995 Ms. Kathryn M. O'Halloran, City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Abandonment of Easement --~_tL°tTh 29',. ....... ~Bl°ck 339,~A~=, ~,_~Unit~,,~ 1~ ~ ~/~/~ Lot 5, Block 257, Unit 10 Lot 3, Block 574, Unit 17 Dear Ms. O'Halloran, Falcon Cable TV has no objections to the abandonment of easement at the referenced locations. Ken rickets, Regional Manager Falcon Cable TV FALCON CABLE MEDIA 710 Washington Street, P.O. Box 780249, Sebastian, Florida 32978, Tel: (407)589-38~ ~ZTY 01 IgAITZAN .... ~d~ . .' ................ DB~CRZP~ZVE ~OCAT:O~ OF ~8~N~ To ~/~;~ ~.~-, o¢ ~ q, 61o~ ~, APP~O~ZMA~B iZ~B Or EAGBMBNT~~~me~ PURPOSB FOR RBQUBST TO VA~T~I ~ wh%oh ~ eieimo~e Z ~mqumlt ~o ~lel~m exhale, Co~poru~e Seal (~ I. Hap, P%~, wu~ey, ac o%elr drawing (N/A) ~ht eameme~t exL~o &f ~he 4u%3. demer%p~on (N/A) on wh~oh ~ha eemmmmn~ e~o~o ( ) S, ~8ah e ahea~ er money O~GaT Of~%em of ~hm Cl~y Clerk. ~hie c~di~LI. Th/ ~ee L~ fie. GO, ~0~ £S~ 9cJ~9 G8P 60P:ON ]~£ DS ]S ]~:OI ~S:SI NOW SG,-SO-NQ£ C iy o~ SebasHan 1225 MAIN STREET c) SEi3ASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 June 5, 1995 Richard Votapka Director of Public work~ 1225 Main Street Sebastian, Florida 32958 Dear Sir: i The City of Sebastian has been requested to grant approval for an abandonment of the North five (5) feet of the South twenty foot Public Utility and Drainage Easement of Lot 9, Block 339, i Sebastian Highlands Unit 13. A copy of the survey is attached for your information. In compliance with City of Sebastian ordinance ~0-76-4, June 14, you must respond in writing within fifteen days. concerning this matter, please I 1976, Should you have any questions I contact my office at 589-5330 and 4:30 P.M. . Sincerely yours,. I Kathryn ~ O'Halloran, CMC/AAE City Clerk KOH:lmg Attachment between the hours of 8:00 A.M. { \ws-form/aban-let) June 5, 1995 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 Richard Votapka 1225 Main Street Sebastian, Florida 32958 Dear Sir: The City of Sebastian has been requested to grant approval for an abandonment of the North five (5) feet of the South twenty foot Public Utility and Drainage Easement of Lot 9, Block 339, Sebastian Highlands Unit 13. A copy of the survey is attached for your information. In compliance with City of Sebastian Ordinance #0-76-4, June 14, 1976, you must respond in writing within fifteen days. Should you have any questions concerning this matter, please contact my office at 589-5330 between the hours of 8:00 A.M. and 4:30 P.M. Sincerely yours, Kathryn ~F. O'Halloran, CMC/AAE City Clerk KOH:lmg Attachment (\ws-form/aban-let) City of Sebastian 1225 MAIN STREET [~ SEBASTIAN, FLORIDA 32958 (407) 589-5330 (407) 589-5570 TELEPHONE FAX SUBJECT: RECOMMENDATION FROM THE CONSTRUCTION BOARD REGARDING THE THE RESIGNATION OF KEITH MILLER. Approved For Suflmitta£ By: City Manager Agenda Number: Dept. Origin: Communit~ Deve£~pment (sc) Date Submitted: For Agenda Of: ZZ!~Z25 1. Letter of resig~atlon from Keith Miller EXPENDITURE REQHIRED: AMOUNT BUDGETED: APPROPRIATION' REQHIRED: SUMMARY STATEMENT At their reguCar meeting held June 13, 1995, the Sebastian Construction Board passed a motion unanimous£y to recommend to City Council to accept the resignation of Keith Miller with regret and tkang him for the time spent on the Board. RECOMMENDED ACTION Move to accept the resignation of Keith Mif£er with regret, effective invnediately. June 12.. 197.5 Mr. Bruce Cooper Director of Community Deve]opmenk City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Cooper: Ef£ec'tive immediately I hereby l'-es:ign my pozitiol~ o~ the Construction Board. sincerely, ~:.eith D. Miller City of Sebastian 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Professional Services Agreement - General Engineering Consultant Services - Masteller & Moler, Inc. - Rate Structure AGENDA NO: DEPT. ORIGIN: Ciw Manager DATE SUBMITTED: 7/6/95 MEETING DATE: 7! 12/95 APPROVED FOR ~JJ~~~: City Manager · EXItlBITS: Expenditure Required: Amount Budgeted: * Professional Services Agreemem * Attachment I - Public Entity * Attachment I I- Insurance * Attachmenff :r I- Rates IAppropriation Required: SUMMARY STATEMENT City Council, at its June 14, 1995 Regular Meeting, ranked Masteller & Moler, Inc. as its number one choice as general engineering consultants and directed that I negotiate an agreement for City Council ratification. The attached proposed agreement and rate structure for.professional engineering services is the result of negotiations with Masteller & Moler, Inc. The agreement has been reviewed by our City Attorney and staff. RECOMMENDATION Recommend the City Council authorize the Mayor and City Clerk to execute the proposed agreement and rate structure. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made this day of , 1995 by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, hereinafter referred to as "City" and Masteller & Moler, Inc., a Florida corporation authorized to do business in the State of Florida, with offices located in Sebastian, Florida, hereinafter called the "Consultant." WHEREAS, the City desires to engage a consultant who has special and unique competence and experience in providing the planning, programming, engineering and technical services for consultant engineering services, and WHEREAS, the Consultant represents that it has such competence and experience in providing these services; and, WHEREAS, the City in reliance on such representation has selected the Consultant in accordance with its procedure for selection of technical consultants; and, WHEREAS, the City and the Consultant desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: 1. ~kg~: The Consultant and the City understand and agree that this Agreement shall cover all of the services of the Consultant which the Consultant is providing the City of Sebastian. This Agreement is not an exclusive agreement and the City may employ other consultants, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. 2. EmDlo_vment of Consultant: The City hereby agrees that it may engage the Consultant and the Consultant hereby agrees to perform professional services for the City in accordance with this Agreement. The Consultant may furnish planning, programming, engineering and technical management services for this project, as specifically assigned by the City from time to time as required in connection with the planning and possible development of various City improvements. The planning, programming, engineering, technical and survey services that the Consultant may furnish to the City shall include, but not be limited to, the following: Streets (paving) and roads Drainage and stormwater management Bridge Improvements Water and sewer utility systems Traffic Circulation Land Survey and G.I.S. Preparation of bid plans, specifications, and drawings Site plan or development review Comprehensive planning, building and zoning Ordinance preparation Construction scheduling; inspection and management Project cost estimates Permitting for projects or services Field investigations, appraisals and office studies Report preparation Assisting the City in securing grants or project financing Interpretation of Federal, State and Local regulation Provide engineering services as directed by the City -Manager Each individual assignment shall be the subject of a separate agreement, written in the City's standard format for the type of services involved, supplemental to this Agreement, and shall be designated "Supplemental Agreement No. ", the "number" being in accordance with the sequence in which the assignments are made. The breach of any material condition of any Supplemental Agreement by the Consultant shall be considered a breach of a material condition of this Agreement, and shall constitute grounds for the termination by the City of this Agreement and all Supplemental Agreements in effect at the time of the breach. The assignments may include, but not necessarily be limited to, the following: To Be Determined By The City Manager 3. Project Schedules: The Consultant shall perform the services outlined under Paragraph 2 of this Agreement and as specifically established in subsequent Supplemental Agreements in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Consultant commencing upon written authorization by the City to proceed with the assignment and terminating upon completion of the Project. 4. Joint Cooperation: The closest collaboration and cooperation shall be maintained by the Consultant with representatives of the City and the City will be entitled at all times to be advised, at its request, of the status of work done by the Consultant and of the details thereof. The City shall furnish to the Consultant all pertinent existing information deemed necessary by the Consultant to be relevant to the execution of the Project. The City will have the right to inspect the work of the Consultant at any time. Either party to this Agreement may request and be granted a conference. 5. Claims: Claims arising from changes or revisions made by 3 the Consultant at the city's request shall be presented to the City before work starts on the changes or revisions. If the Consultant deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Consultant shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Consultant a method acceptable to the City for keeping strict account of actual costs, then the Consultant hereby waives its request for such extra compensation. The City is not obligated to pay the Consultant if the City is not notified as described above. The Consultant may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Consultant and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 6. Termination: The provisions of this Agreement or any Supplemental Agreement may be terminated by the City with or without cause. If terminated without cause by the City, at least thirty (30) days written notice of such termination shall be given to the consultant. (1) In the event the City without cause abandons, terminates or suspends this Agreement or a Supplemental Agreement or Agreements, the Consultant shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and documents generated by the Consultant shall remain the property of the City as outlined in Paragraph 12. (2) In the event the Consultant terminates this Agreement without cause, all tracings, plans, specifications, maps, computer programs and data prepared by the Consultant under this Agreement shall be considered property of the City. The City may enter into an agreement with others for the completion of the work under this Agreement. 7. Compensation: The City will pay the Consultant in accordance with the applicable Supplemental Agreement covering the specific assignment involved. For the purposes of this Agreement, lump sum fees or average hourly rates, as shown in Attachment III, shall be used as a basis for compensation with reimbursalbe rates added to determine total fee compensation for each assignment. Each July 1, appropriate adjustments in average hourly and reimbursable rates will be established for the following year by mutual agreement of the parties. 8. Payments: The Consultant shall submit invoices for payment in accordance with the Schedule established in each Supplemental Agreement. The requests for payment shall be in the form and the manner required by the City. The Consultant and the City understand and agree that no work shall be compensated for under this Agreement unless such work is covered by a written Supplemental Agreement which is executed by the Consultant and the City and contains a scope of work, time schedule and basis of compensation. 5 9. Reimbursement of Costs: The Consultant shall obtain approval from the City Manager prior to incurring any travel or lodging expenses on behalf of the City. Travel expenses for the Consultant, when authorized, shall be paid in accordance with the City of Sebastian policy and Section 112.061 of the Florida Statutes. 10. Term: This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend for a period of five (5) years from such date. On the expiration of the term of this Agreement, the City and Consultant shall have the right to extend this Agreement for an additional five (5) year term on the mutual written agreement of the parties. If the Agreement is extended, either party has the right to renegotiate the hourly rates for professional services. 11. Covenant Against~ Contingent Fees: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, 6 percentage, gift or consideration. 12. Right to Work Products: No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Consultant, in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement or any Supplemental Agreement shall remain the property of the City without restriction or limitation on their use. A set of reproducible drawings shall be provided for the city's files. However, any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement or any Supplemental Agreement will be at the City's risk. 13. ~: The Consultant represents that it will secure at its own expense all personnel and sub-consultants required for services which are necessary under this Agreement. All services under this Agreement shall be performed by the Consultant or sub- consultant and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. The City shall have the right of approving the project manager to be employed by the Consultant for the services to be rendered under this Agreement. Personnel who perform services under this Agreement shall not be employees of the City. 14. Responsibility Df the Consultant: (a) The Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in his drawings, specifications, reports and other services. (b) Approval by the City of drawings, specifications, reports and incidental work or materials furnished hereunder shall not in any way relieve the Consultant of responsibility for the technical adequacy of the work. The City's review, approval or acceptance of or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable in accordance with applicable law for all damages to the City caused by the Consultant's negligent performance of any of the services furnished under this Agreement. (c) The rights and remedies of the City provided for under this Agreement are in addition to any other rights and remedies provided by law. 15. Subcontracts and Assignability: The Consultant shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub-contracts or other work which is performed by persons or firms other than the Consultant under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or consultants required by the Consultant in connection with services covered by this Agreement or any work orders must be specifically approved by the City Manager. 16. Truth-In-Negotiation: In accordance with the provisions of Chapter 287.055, Florida Statutes, the Consultant agrees to execute a truth-in-negotiation certificate and agrees the original contract price and any additions may be adjusted to exclude any significant sums by which the contract price was increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. 17. Interest of Members of City and Others: No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 18. Certification of Restrictions on Lobbying: The Consultant agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Consultant to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Consultant to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 19. Access to Records: The City shall have access to any books, documents, papers and records of the Consultant which are directly pertinent to a specific Grant for the purpose of making audits, examinations, excerpts and transcriptions. 20. /~B~_u~r_~: The Consultant agrees to the covenants and shall provide insurance to the city in accordance with Attachment Ii, which is incorporated by reference into this Agreement. 21. Interest of Contractor: The Consultant covenants that he presently has no interest and shall not acquire any interest, 10 direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Consultant shall not undertake any professional work which conflicts with his duties as the City's Consultant without the prior written consent of the City during the term of this Agreement. Any work where the Consultant can reasonably anticipate that it may be called to testify as a witness against the city in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 22. Compliance Kith the Law: The Consultant expressly agrees to comply with all laws and regulations relating to providing services under this Agreement. The failure of the Consultant to adhere to any law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 23. Waiver: The waiver by the City of any of the Consultant's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Consultant under this Agreement. 24. Public Entity: The Consultant shall file a sworn statement with the City which is Attachment I, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 11 of the Florida Statutes. 25. ~e~: Upon the satisfactory completion of any work performed under a work order and prior to final payment under such work order for the work, or prior to settlement upOn termination of this Agreement and as a condition precedent thereto, the Consultant shall execute and deliver to the city a release of all claims against the City arising under or by virtue of the work order. 26. Indemnification: For $100.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Consultant shall pay, indemnify and save harmless the City, its agents, guests, invitees and employees, from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description to which the City, its agents, guests, invitees or employees may be subjected to by reason of injury to persons or death or property damage resulting from or growing out of any negligent act of commission, omission, or fault of the Consultant, its agents or employees, committed in connection with this contract. 27. Drug-Free Workplace: Consultant's drug-free workplace policy is to prohibit in the workplace the unlawful possession, use, dispensation, distribution or manufacture of controlled substances. For purposes of this policy, "controlled substances" include inhalants and illegal drugs. Alcoholic beverages are also prohibited on the company premises unless provided by a company sponsored event. Violation of this policy will result in 12 disciplinary action up to and including termination of employment. Depending upon the circumstances, other action, including notification of appropriate law enforcement agencies, may be taken against any violator of this policy. In accordance with the Drug-Free Workplace Act of 1988, as a condition of employment, staff members must comply with this policy and notify management within five (5) days of a conviction for any criminal drug violation occurring in the workplace. Failure to do so will result in immediate termination of employment. We, in turn, will, as required by the Act, report such convictions within ten (10) days of our learning of the conviction to the appropriate federal agency. Any staff member arrested in connection with a criminal drug violation occurring in the workplace will be placed on personal leave of absence without pay and could face termination of employment pending the outcome of any legal investigation and conviction. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: THE CITY OF SEBASTIAN Kathryn M. O'Halloran CMC/AAE, City Clerk By: Name: Title: 13 Signed, sealed and delivered in the presence of: Name: Name: 14 CONSULTANT: MASTELLER & MOLER, INC. By: Name: Title: ATTACH3IENT SWORN STATEMENT PURSUANT TO SECTION 287.I33(3)(a.), FLORIDA STATUTES ON PUBLIC ENTITY CRIM~S THIS FORM MUST BE SIGNED AND SWORIV TO IN THE PP. ESENCE OF A NOTAKY PUBLIC OR OTHER OFFICIAL ALrrI-IO~ TO ADMINISTER OATHS. This sworn statement is submitted to Cit~ of Sebastian by ~azl H_ Masteller, P.E., President. who~ address is 1623 N,_._U~S= I*Iwv. 1. Suite B-2. Sebastiara Florida 32958 and (if applicable) its l~cd~ral Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual ~ignmg this sworn statement). I understand that a "public entity crime' as de. fined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any pubhc entity or an agency or political subdivision of any-other state or of the umted States and involving antitrusL fraud, theft, bribery, collusion, racketee~g, conspiracy, or material mi.qmpresentation. I understand thai "convicted" or ~conviction" as dmqned in Paragraph 287.133(1)Co), Florida Statutes, means finding of guilt or a conviction of a pubhc entity crime, with or without and adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a reamlt of a jury verdict, nonjury mai, or entry, of a plea of guilty or nolo contendcre. I understand that an "affiliate' as defined in Paragraph 287.133(1)(a), tFIorida Statutes. mean~: 1. A predece~or or successor of a per,on convicted of a public entity crime; or 2. An entity under the control of an5' natural person who is active in the nmnagenmnt of the entity and who has been convicted of a public entity crime. The term 'affiliate' includes those oflice~, directors, executives; parmers, shareholdera, employees, mamber~, and agents who are active m the managem~t of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair.market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A per~n who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered aa affiliate. · I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes. means any nautral person or entity organized under the hws of any state or of the umted States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to Wansact business with a public entity. The term ~person" includes those officers, directors, executives, panners, shareholders, employees, member% and agents who are active in management of an entity. "Attachment 1" Based on information and belief, the statement which I have raarked below is tree in relation to the entity submitting this sworn statement. [indicate which statement applies.] ~ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, patmers, shareholders, employees, members, or agents who ate active in the management of the entit3', nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who ate active in the management of the entitS', or an affiliate of the entity has been charged with and convicted ora public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its office, m, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to Jul>, 1, 1989. However, there has been a subsequent proceeding' before a I4earmg Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the enti .fy submitting this sworn statement on the convicted vendor list. [attach a cop3' of the final order] I UNDERSTAND THAT THE SUBMISSION OF TH[q FORM TO THE CONTRACllNG OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THiS FORM IS VAL]fl) THROUGIt DECEMBER 31 OF THE CALENDAR YEAR IA* WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFO~ ~ PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES I~OR CATEC_M)RY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn and subscribed before me this OR Produced Identification Cl-ype of identification) My commission expires ~ :" A,"~"-- CINDY L. Cdn~ ~ or ~ ~ssion~ mc o~ no~ pubic) PRODUCIiR THIS C~CAT~ IS !~ ~ ~ MA~aR OF Im~TIO~ O~Y ~ ~LiCIB ~E~W CO~~S &~O~G COV~GE 16~ No. US Highway 1 ~B2 ~E~ ~ ~L~}, .'..~m/ ].~ -. ............. ~///~ ~./~>~ ~ ~ ~ ~~T~ ~ OF 1~ L~ B~W ~ BE~ ~ TO T~ I~ N~ ~ mR ~~ ~' ~~ MAY BE ~ OR MAY ~H, ~ !~ ~ BY T~ ~LI~ D~B~ HK~IN ~.SU~KCI* ~ ~ T~ ~ ~, ~10~ ~ ~10~ OFS~ ~LI~. LIM~ SHO~ MAY ~ BKK~ ~U~ BY P~ ~. ~ OF INSURANC~ POLICY NUMBER POLIC~ giT. ~i~ ~+ LIM~ DA~ ~M~D~ DA~ ~M~D~ GE~ AGG~GATE GENERAL LIABILITY --ICLAIMS MADE L-~OCC, AUTOMOBILE LIABILITY ANY AUTO · LL OWlt~l) AUTOS AUTOS NON-OWNF. D AUTOS LIABILITY UMBRKLLA FORM WORICER.~' COMPEN.~ATION {~MPL,OYER~S LIABILrrY OTHER Profassional Liability EOC6655681-0~ 6/30/95 6/30196 PROD,,4Z~MP/OP AOG. ps[RS. & ADV. INJURY EACH OCCURRENCE FIRE DAMAOI;:(One l~m M~n. I~. (o., ~r1 COMBINED SINGLE LIMIT BODILY INJURY ]BODILY INJURY PROPERT~ DAMACE EACH ACCRUe;ATE =~ STATUTORY LIMITS DISEASE-POLICY LIMIT DISEASE*EACH $500,000 Limit Claim and Aggregate ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DESCRIPTioN OF OPeRATIONS/LOCATIONS/VEHICLES/SPECIAL 1TEM~ ~... . . l i~ SIIOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE i~{ EXPIRATION DATE THEREOF, TIlE ISSUING; COMPANT' WILL ENDEAVOR TO P O Box 127 f?""!~ v,.'~ ------ Sebastian, FL 32958 ~i!~i~__ _ ~ ,.:: .. . _ ~' f/, "Attachment I I" "ATTAINT ~ CLASSII~ICATION :Principal Engineer (P.E.) ............................................... Project ]Engineer (P.E.) ................................................. [Project Engineer ........................................................... Principal Surveyor ........................................................ ?rineipal Biologist ......................................................... Engineering Techrfi¢ian~Lnspector .................................. Engineering Technieian-¢ADD ..................................... Engineering Techaieian/D~~ ................................ $100.00/hr. $ 75.00/hr. $ 60.00/hr. $100.00/hr. $ 80.00/hr. $ 45.00/hr. $ 45.00/hr. $ 45.00/hr. Professional Land Surveyor ........................................... $65.00/hr. Survey Field Crew ......................................................... $85.00/hr. S.u. rvey Technician/CADD .............................................. $ 45.00/hr. Administrative ?ersonnel ............................................... $ 30.00/hr. "Attachment III" City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Golf Pro Manager Approval For Submittal By: City Manager ~ ) ) ) ) ) ) ) ) ) )- ) AGENDA NO. Dept. Origin: City Manager Date Submitted:07/06/95 For Agenda Of: 07/12/95 Exhibits: -Golf Professional Service Agreement -RESUME EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The Golf-Pro Manager for the Sebastian Golf Course has been selected and a tentative contract prepared for City Council review and approval. The reason for City Council involvement is due to the desire of the applicant, Mr. Patrick Cerjan prefers to become an independent contractor and not a City employee. As a result of this election, approval action on the part of the City Council is required. I have decided to utilize a different approach to hiring a golf-professional as Manager and if I am wrong, we can always change the procedure. My approach is to allow the Golf-Pro the oppormmty to increase golf course revenue by utilizing a personal incentive. This system seems to work well at other golf course locations, both public and private. I believe we should give it our best shot and see what happens. I have attached a copy of Mr. Cerjan's resume. He was one of the seven (7) fmalists and was ranked the best candidate. I believe Mr. Cerjan's understanding of golf course operations and the strong desire to succeed will be a winner for Sebastian. /f.. '~ RECOMMENDATION Approve the appo~m__~t~__e_~t~..of Patrick Cerjan as the City of Sebastian effective July 12, 1995. Golf Professional, OLF PROFESSION]fL SERVICES ~GREEMENT THIS AGREEMENT made this day of , 1995 by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, hereinafter referred to as "City" and PATRICK J. CERJAN, (SSN ) of the Professional Golfers' Association (PGA) located in Vero Beach, Florida, hereinafter called the "Consultant." WHEREAS, the City desires to engage a consultant who has special and unique competence and experience in providing the planning, promotion, programming, general operations and technical services for golf course operations; and, WHEREAS, the Consultant represents that he has such competence and experience in providing these services; and, WHEREAS, the City in reliance on such representation has selected the Consultant as its golf course consultant; and, WHEREAS, the city and the Consultant desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: 1. A~L~: The Consultant and the city understand and agree that this Agreement shall cover all of the services of the Consultant which the Consultant is providing to the City of Sebastian. This Agreement is not an exclusive agreement and the city may employ other consultants, professional or technical personnel to furnish services not required by or within this Agreement for the City as the City in its sole discretion finds is in the public interest. 2. Enaaqement of Consultant: The City hereby agrees to engage the Consultant and the Consultant hereby agrees to perform professional services for the City in accordance with this Agreement. The Consultant shall provide the necessary planning, programming, marketing and promotion services, teaching, pro-shop services and technical management services for the city of Sebastian Golf Course and provide assistance as specifically requested by the City Manager from time to time in connection with the operations and maintenance of the golf course. The services that the Consultant shall furnish to the City shall include, but not be limited to, the following: (1) Marketina the Golf Course: The Consultant shall exert his best efforts to promote and market the Sebastian City Golf Course to customers and prospective customers for the purpose of increasing the profitable utilization of the golf course. Such marketing efforts shall include but not be limited to activities as follows: (a) (b) (c) (d) design and implementation of a marketing program to promote the golf course operations public appearances, advertisements announcements and organizing tournaments and group play dissemination of information to the public about the golf course, its services, fees and hours of operations (e) report to the City Manager all complaints, comments and critical remarks of customers about the golf course activities (2) Operating the Pro-Shop: The Consultant shall require adequate personnel to operate the pro-shop on a schedule of times which has been approved by the city Manager. (3) Provide Instruction: The Consultant shall provide individual and group instruction. (4) Repair~ Storage~ Rental and Sal~s: Furnish golf club equipment repair, storage, rental and sales. (5) Management Services: Provide management services for golf course operational play including scheduling. (6) Junior Gol~ Qperation: Promote and conduct the junior golf operation. (7) Driving Range: (8) Improvements: Managing the driving range. Making recommendations to the City Manager about improvements to the goIf course fac~ 13~~ (9) ~: Esta~blishlng ~ progr,am~Dp~roved by the City Manager'~ve the marketing and~eperational activities at the golf course. The program including its goals, objectives and implement.ation procedures shall be reduced to writing and reviewed annually by the Consultant and City Manager. 3. Relationship of Parties: The parties intend and agree the Consultant is an independent contractor and not an agent or employee of the City. The manner and means of fulfilling his duties under this Agreement shall be under the sole control of the Consultant. The Consultant shall devote his entire time and use his best efforts to discharge his duties under this Agreement. The Consultant shall comply with all City policies, state and federal laws in discharging his duties under this Agreement. None of the benefits provided by the City to its employees including, but not limited to compensation, insurance, retirement benefits and unemployment insurance are available to the Consultant. The Consultant is responsible for the procurement of his own insurance and complying with all federal and state laws on payroll, disability and F.I.C.A. taxes. 4. Joint Cooperation: The closest collaboration and cooperation shall be maintained by the Consultant with representatives of the City and the City will be entitled at all times to be advised, at its request, of the status of all activities done by the Consultant and of the details thereof. The City shall furnish to the Consultant all pertinent existing information deemed necessary by the Consultant to be relevant to the execution of the Project. 5.~ City's Responsibilities: The City authorizes the Consultant while retained by the City to use the existing golf-pro shop to r~pair, store, rent and sell golf equipment, golf clothing and apparel on behalf of the City. The City also authorizes the consultant while retained by the City to provide instruction on the driving range and golf course on behalf of the City. The Consultant is not authorized to enter into any contracts, agreements or purchase orders on behalf of the city without the written consent of the City Manager. 6. Compensation Schedule: (1) The Consultant shall receive, while the Consultant is retained by the City, an amount equal to the revenues collected from locker rentals, club storage, golf club rentals, golf club repairs, pro-shop merchandise sales, instructional lessons and the use of the driving range. The Consultant will.__ b~ revenues at the conclusion of business on any business day. Th~ Consultant, at his expense, must purchase all equipment and merchandise sold in the pro-shop and must furnish the parts and equipment at his expense to conduct golf club repairs and provide for range balls and baskets. The Consultant, on the commencement date of this Agreement, will purchase such equipment, merchandise and parts from the inventory in the pro-shop as the Consultant finds is necessary to operate and conduct sales in the pro-shop. All equipment, merchandise and parts in the pro-shop inventory which are not purchased by the Consultant shall remain the property of the city and may be sold by Consulant at the cost agreed upon by the city. /  he Consultant shall obtain approval from the City Mana~ p~ior to incurring any travel or lodging expenses on behalf of the City. Travel expenses for the Consultant, when authorized, shall be paid in accordance with the City of Sebastian policy and Section 112.061 of the Florida Statutes. (3) Gift certificates that are outstanding and redeemable and issued by the city prior to the date of this Agreement will be honored by the Consultant and the city will reimburse the 5 Consultant the dollar value of each certificate honored. ·his hgreement ~hall becom~ ~ff~ctiv. on ~uly 12, 1~5, and ~hall r~ma±n £n .fleet for a p.riod of five unless t.r~£n~t.d for breach or as prov£~ed in th±~ ~greement. This Agreement may be terminated by either party with or without cause. On the expiration of the term of this Agreement, the City and Consultant shall have the right to extend this Agreement for an additional five (5) year term on the mutual written agreement of the parties. (2~his Agreement may be terminated% by%either a~parties ~ritten notice of either parties to the other party of an intention to terminate this Agreement. Any such written notice shall serve automatically to terminate this Agreement ninety '~90) days after the date such notice is sent to the other party via certified or registered mail. (3) In the event of termination of this Agreement, any items held in inventory for the pro-shop sale which have been purchased by the Consultant shall be valued through verification of the Consultant's purchase receipts for such item. Any item selected by the City to remain in the pro-shop inventory after termination of this Agreement shall be purchased by the City and payment made to the Consultant within thirty (30) days from the date of the termination of this Agreement. All gift certificates that are outstanding for the period of this Agreement will be identified and the total shall be credited against the inventory of the 6 purchase, or as an alternative, the Consultant may reimburse the city the dollar amount of the gift certificates outstanding and redeemable, or a combination of credit and cash. All logo goods shall be purchased~at the wholesale invoice cost. 8. Co~enant~qainstC~ntingent Fees: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the city shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. ~9 .... ~_~r~zI~!Le~: All services under this Agreement shall be p~fformed by the Consultant and his employees and all persons engaged in work under this Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. This is a personal service contract and the Consultant shall personally furnish services under this Agreement. Personnel who perform services under this Agreement shall not be employees of the city. This Agreement cannot be assigned. 10. Responsibility of the Consultant: (a) The Consultant is responsible for the professional quality and effective operation for the City of Sebastian Golf Course, and the efficient coordination of all activities, and other services furnished under this Agreement. (b) The Consultant will honor the provisions of existing contracts executed by the City for services performed at the golf course and will provide advice and assistance in contract negotiations in the event it is determined to continue with the contractual services. 11. Interest of Members of City and Other~: No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 12. /~L~Ar~q]l~: The Consultant agrees to the covenants and shall provide insurance to the City in accordance with Attachment i, which is incorporated by reference into this Agreement. The Consultant will provide both liability insurance covering his activities and a contract indemnification rider for Paragraph 17 of this Agreement. 13. Interest of Contractor: The Consultant covenants that he 8 presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Consultant shall not undertake any professional work which conflicts with his duties as the City's Consultant without the prior written consent of the City during the term of this Agreement or after the termination of this Agreement. Any work where the Consultant can reasonably anticipate that he may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 14. Compliance With the Law: The Consultant expressly agrees to comply with all laws and regulations relating to providing services under this Agreement. The failure of the Consultant to adhere to any law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 15. Waiver: The waiver by the City of any of the Consultant's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Consultant under this Agreement. 16. Public Entity: The Consultant shall file a sworn statement with the City which is Attachment II stating whether a person or affiliate as defined in Section 287.133 (1), Florida 9 Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 17. Indemnification: For $100.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Consultant shall pay, indemnify and save harmless the City, its agents, guests, invitees and employees, from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description to which the City, its agents, guests, invitees or employees may be subjected to by reason of injury to persons or death or property damage resulting from or growing out of any negligent act of commission, omission, or fault of the Consultant, its agents or employees, committed in connection with this contract. 18. Drug-Free Workplace: Consultant's drug-free workplace policy is to prohibit in the workplace the unlawful possession, use, dispensation, distribution or manufacture of controlled substances. For purposes of this policy, "controlled substances" include inhalants and illegal drugs. Alcoholic beverages are also prohibited on the City's premises unless provided by a City sponsored event. Violation of this policy will result in disciplinary action up to and including termination of this Agreement. 10 Depending upon the circumstances, other action, including notification of appropriate law enforcement agencies, may be taken against any violator of this policy. In accordance with the Drug-Free Workplace Act of 1988, as a condition of employment by the Consultant, staff members must comply with this policy and notify management within five (5) days of a conviction for any criminal drug violation occurring in the workplace. Failure to do so will result in immediate termination of employment by Consultant. We, in turn, will, as required by the Act, report such convictions within ten (10) days of our learning of the conviction to the appropriate federal agency. Any staff member arrested in connection with a criminal drug violation occurring in the workplace will be placed on personal leave of absence without pay and could face termination of employment pending the outcome of any legal investigation and conviction. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. CITY: ATTEST: THE CITY OF SEBASTIAN Kathryn M. O'Halloran CMC/AAE, City Clerk Signed, sealed and delivered in the presence of: By: Name: Title: CONSULTANT: Name: Name: 11 Patrick J. Cerjan Consultant PP~SENTATION OF QII~LiFI~TI~S FOR PA~I~ J. CEP~--AN PROFESSIONAL 1895 74th Avenue Vero Beach, Florida 32966 407-562-1955 PATRICK J. CERJAN PERSONAL DATA: Birth date: Height/Weight: H =~al th: March 27, 1963 5'10"/ 165 lbs. Excel 1 en t Hair: Blonde Eyes: BI ue Marital: Married, 2 children EDUCATION: Florida Atlantic University Valencia Junior College Golf Scholarship Boca Raton, Florida Orlando, Florida EXPF2ArENCE : IIEAD GOLF PROFESSIONAL November, 1993 - Present Vero Driving Range Vero Beach, Florida Direct all aspects of education program. HEAD GOLF~PROFESSIONAL September, 1993 - November, 1993 Grand Harbor Veto Beach, Florida OPERATIONS - In charge of daily operation of a 36 hole development facility wi th over 700 members and 17 employees. Duties include: Scheduling of all golf staff Policies & Procedures Manual Club Event Book Monthly inventory totals Daily/Monthly sales reports Weekly Staff & Department Head meetings Men's and Ladles' golf Twilight and Couples golf Coordination of outside events Golf cart maintenance / 140 carts Rules and etiquette clinics Golf Instruction~Golf School MERCHANDISING - In charge of recording, pricing, displaying and sale of merchandise in two golf shops. ~AMENT - Responsible for all operations of tournament play at Grand Harbor, as well as, all outside functions. TEACHING - Ail aspects of instruction including Men's and Ladies' clinics, Junior golf, private and playing lessons and the John Jacobs Practical golf Schools. con tin ued PATR_~CK J. CEHJAN HEAD ASSISTANT PROFESSIONAL November 1991 - August 1993 Grand Harbor Veto Beach, Florida OPERATIONS - Oversee the daily operation of a 36 hole development facility. Duties include: . Scheduling of all staff . Monthly inventory totals . Cash/charge journals . Daily/Monthly sales reports . Oversee golf staff ~ERCHANDISING - In charge of recording, pricing, displaying and sale of merchandise in two golf shops. TOURN~ - Responsible for all tournament play at Grand Harbor. TEACHING - Only teacher under Head Professional. Program included: men's and Ladies' clinics, private and playing lessons. Instructor in the John Jacobs Practical Golf Schools. HEAD GOLF PROFESSIOHAL June, 1989 - October, 1991 Southwinds Golf Course Boca Raton, Florida MERCHANDISING - Owned, operated, and managed a daily fee pro shop and Aqua Driving range with sales exceeding $250,000.00. Managed 16 employees including 2 golf professionals, 1 golf school director, 6 outside service attendants, and 7 golf rangers. Instrumental in the expansion and renovation of the golf shop to improve aesthetics as well as the traffic patterns. Purchased and displayed a fashion conscious Golf Shop to meet the needs of the community and the tourist influx. TEACHING PROGRAM- Developed the program past the basic clinics and private lessons to include instruction for the physically challenged. With the help of Dennis Walters, designed a golf cart which enabled the students to swing and learn from the golf cart instead of their wheel chair. Those attending the program included various bone and muscle disorders and well as vision impaired students. Founded the International Golf Academy and co-authored the 90 page instructional textbook. Continued to support the community associations with specialized instruction. PATRICK J. CENJAN con tin u ed Instruction included Florida Atlantic University, Continuing Education, Loggers Run Middle School, Adult Education, and the Pope John Paul School Girls' Golf Team. Designed and conducted the curriculum for the St. Andrews Academy's golf class. A total of 2,500 lessons were given by 3 professionals. MEN'S AND LADIES' ASSOCIATIONS - Promoted and directed all aspects of the associations. Organized weekly tournaments as well as the Annual Member/Guest and Club Championship tournaments. Conducted numerous rules and etiquette clinics for the 275 members. TOURNAMENT PROMOTION - The tournament program included a series of monthly theme tournaments with an average participation of 70 players. The overall winners represented Southwinds at the 1991 Honda Classic Corporate Cup at the TPC Eagle Trace. The program also included the State High School Districts and Numerous Junior Golf and AfDA fund raisers. JUNIOR GOLF - Directed, promoted, and developed the curriculum for the Southwinds Junior Golf Association, which grew to over 150 children in two years. Endorsed by Beth Daniels the program was renamed to the Beth Daniels Junior Golf Academy at Southwinds. GOLF CQURSE pRQMOTIQN - Free golf clinics . Manufacturers' Rep Days . Individual and Tournament related putting contests . Honda Classic Corporate State of Florida After School Program [PALS] . Junior Golf . Golf School . Community lessons Handicap lessons . Numerous Newspaper/ Magazine Articles Jewish Community Center Instruction . Tournament Schedule GOLF CLX,, REPAIR - Provided all aspects of club repair and al terations. TOURNAMENT PLAYER Swedish P.G.A. March, 1988 - August, 1988 Stockholm, Sweden Traveled and competed on the Swedish P.G.A. Tour. HEAD TEACHING PROFESSIONAL March, 1986- March, 1988 Boca Raton Municipal Boca Raton, Florida JUNIOR GOLF P..RQGRAM - Developed the curriculum for the program which grew to over 200 children in three years. TEACHIN~ PROGRAM- Program included beginner, group, and private lessons. A total of 2,000 lessons were given by 2 professionals. FiERCHANDISIN~ - Worked in resort Pro Shop with sales exceeding $360,000.00. ~ - Numerous articles in The Intown ~uide and Palm B~gh ~Qlf featuring many aspects of the golf swing and the game itself. TEAM ~ Florida Atlantic University 1984 - 1986 Boca Raton, Florida Team finished 7th in the nation in 1986. NCAA Division II City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-$330 [] FAX (407) 589-5570 SUBJECT: CITY COUNCIL AGENDA TRANSMITTAL ORDINANCE NO. O-95-20 AMENDING O-95-11 OCCUPATIONAL LICENSE FEES AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: 7/6/95 MEETING DATE: 7/1 ~95 APPROVED FOR SUBMITTAL: City Manager' ~ EXHIBITS: 0-95-20 6/14/95 Minutes Excerpt W/Exhibit "B" Expenditure Required: N/A Amount Budgeted: N/A Appropriation Required: N/A SUMMARY STATEMENT City Council, at its June 14, 1995 Regular Meeting, adopted Ordinance No. O-95-11 establishing regulations and new fees for City of Sebastian occupational licences in accordance with FS 205. Subsequent io adoption of O-95-11, City Council recommended certain fee adjtistments. Those changes are shown in Exhibit "B" of the June 14, 1995 minutes. Ordinance No. O-95-20, amending Ordinance No. O-95-11, has been drafted by the City Attorney and is presented to you for fa'st reading. I recommend the public hearing be scheduled for August 9, 1995 to give us time to comply with the notice requirements in FS 205. RECOMMENDATION If City Council concurs with amended language, move to approve Ordinance No. 0-95-20 on first reading and set the public heating for August 9, 1995. ORDINANCE NO. 0-95-4© AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, SECTION 30.51, ARTICLE II, OF THE CODE OF ORDINANCES; REVISING THE OCCUPATIONAL LICENSE TAX FEE SCHEDULE; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILiTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian desires to revise its rate structures for Occupational License taxes; and WHEREAS, the City Council has found that the recommended tax rates are reasonable throughout each class. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. Article II, Chapter 30, Section 30.51(10)a of the Code of Ordinances of the City of Sebastian, Florida, is amended to read as follows: a. Commercial property rental (mall, shopping center, or any other property owner renting or leasing space to five or more commercial Tenants, including booth tenants on a single parcel), per rental unit Apartment rental each individual rental Storage & warehouse, public each additional unit office Rentals each additional unit $30.00 $ 3.o0 $30. oo $ 3.00 $3o.0o $ 3.00 SECTION 2. Article II, Chapter 30, Section 30.51(10)c of the Code of Ordinances of the City of Sebastian, Florida, is amended to read as follows: c. Campground or mobile home park or trailer camp, per space Each rental unit within the park $60.00 $ 5.0o Tourist camps or courts Each guest room (per unit) Trailer camps, RV parks $60.00 $ 5.00 $60.0o Per space $ 5.00 SECTION 3. Article ii, Chapter 30, Section 30.51(12)c of the Code of Ordinances of the City of Sebastian, Florida, is amended to provide that shoeshine parlors shall pay a license fee of $30.00 plus $3.00 for each additional seat. SECTION 4. Article II, Chapter 30, Section 30.51(12)e of the Code of Ordinances of the City of Sebastian, Florida, is amended to read as follows: e. Barbershop, Beauty shop: The business owner Each non-employee licensed barber Each non-employee licensed cosmetologist $30.00 $30.00 $3o.o0 Each chair/station $ 3.00 Section 5. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 6. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 8. The fee schedule which exists in Sections 30-51 and 30-52 of the Code of Ordinances of the City of Sebastian will continue in effect through September 30, 1995. The fee schedule which is set out in Sections 30-50 and 30-51 of this Ordinance shall be effective on October 1, 1995. This ordinance shall become effective thirty (30) days after its passage and adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1995. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF ~, 1995. The foregoing Councilmember Ordinance was moved for adoption by The motion was seconded by Councilmember into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright and, upon being put The Mayor thereupon declared this ordinance duly passed and adopted this day of ....... , 1995. ATTEST: Kathryn M. O'Halloran, CMC/AAE (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor Regular City Council Meeting June 14, 1995 Page Four MOTION by Cartwright/Halloran I move we adopt Ordinance No. 0-95-09 and authorize the Mayor and City Clerk to enter into an agreeement with R & R Corporate Systems, Inc. ROLL CALL: Vice Mayor Corem - nay Mrs. Cartwfight - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 4-1 (Corem - nay) The City Attorney said he would be certain all documentation is in hand before the agreement is executed. 95.043 ORDINANCE NO. O-95-11 - Occupational Licenses Fees (City Clerk Transmittal dated 6/7/95, O-95-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II, OF THE CODE OF ORDINANCES, RECLASSIFYING OCCUPATIONS; REVISING THE OCCUPATIONAL LICENSE TAX FEE SCHEDULE; IMPOSING ADDITIONAL PENALTIES; ESTABLISHING EXEMPTIONS; IMPOSING ADDITIONAL REQUIREMENTS FOR ISSUANCE OF LICENSES; PROVIDING FOR INCLUSION IN THE · CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 4/26/95, Advertised Legal Notices w/Fees 5/26/95, PH 6/14/95) Mayor Firtion called the public hearing to order at 7:52 p.m. and the City Attorney read Ordinance No. 0-95-11 by title only. 4 Regular City Council Meeting June 14, 1995 Page Five The City Clerk briefly explained the inception of the ordinance. The City Attorney suggested an amendment to the effective date of the rates. (See attached as Exhibit A). He also advised that if any rates are proposed for change they could be changed at a later date, thus, only those affected rates would need to be readvertised. Kathy Gardinier, addressed City Council on behalf of a newly formed business owners group relative to proposed higher license rates. Mayor Firtion closed the public hearing at 7:58 p.m. MOTION by CartwrightfDamp I move to adopt Ordinance No. 0-95-11 with the changes to Section 5. The City Attorney read the amendment. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 Mrs. Cartwright recommended changes to the fee schedule. (See attached as ' Exlfibit B) and recommended that a revision be brought back to th6 first meeting in July. The City Attorney recommended that each additional warehouse, storage and office rental be $3. MOTION by Cartwfight/Damp I move that we direct the City Attorney to amend the ordinance which is 0-95-11 per the changes as stated. Regular City Council Meeting June 14, 1995 Page Six Mrs. Corem and Cartwright recommended that each individual apartment rental be $3 rather than $5. MOTION by Cartwfight/Halloran I make a motion to amend the motion to include that last change each individual unit to $3. (All revisions are included in Exhibit B attached) ROLL CALL: (amendment) Mr. Halloran Mayor Firtion Vice Mayor Corem Mrs. Cartwright Mrs. Damp - aye - nay - aye - aye MOTION CARRIED 4-1 (Corum - nay) ROLL CALL: (main) Mrs. Damp Mr. Halloran Mayor Fin/on Vice Mayor Corem Mrs. Cartwright - aye - aye - aye - aye MOTION CARRIED 5-0 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: Resolution No. R-95-39 Amending Quasi-Judicial Procedures CITY COUNCIL AGENDA TRANSMITTAL AGENDA NO: ~,-~"'~/~"'~ DATE suBMITTED: 7/6/95 MEETI31G DATE: 7/12/95 APPROVED FOR ,~I~~AL: EXHIBiTS: City Manager' Expenditure Required: :/' Amount Budgeted: R-95-39 Appropriation Required: SUMMARY STATEMENT The City Attorney advised City Council, at its June 14, 1995 Regular Meeting, that new legislation had been enacted relative to quasi-judicial procedures. The State Legislature has enacted Section 286.0115. Proposed Resolution No. R-95-39, if adopted, will replace Resolution No. R-94-58 adopted by City Council on October 12, 1994. R~COMMENDATION Move to adopt Resolution No. R-95-39. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REVISING PROCEDURES FOR QUASI-JUDICIAL HEARINGS; SETTING OUT RULES; DESIGNATING THE CONTENTS OF THE RECORD; ESTABLISHING PROCEDURES FOR EVIDENTIARY RULINGS; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has adopted procedures for conducting quasi-judicial hearings; and WHEREAS, the Legislature of the State of Florida has enacted Section 286.0115, Florida Statutes, authorizing changes in procedures for quasi-judicial hearings; and WHEREAS, the City Council finds it is in the public interest to amend its uniform procedures for such hearings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. QUASI-JUDICIAL HEARINGS. The City Council and the Board of Adjustment shall conduct their quasi-judicial hearings in accordance with the procedures set out in this Resolution on matters as follows: · (a) The rezoning of property which is limited to a single parcel or a limited number of property owners. (b) Subdivision plat approvals. (c) site plans. (d) Variances. (e) Special use permits. (f) Conditional use permits. (g) Building permits. (h) Any other land use decisions which require quasi- judicial hearings. SECTION 2. All quasi-judicial proceedings shall follow the order of presentation as follows:. 1. Openin~q the Hearinq. The Mayor or presiding City Council member shall open the hearing and may outline the rules of procedure for the public at the beginning of the hearing. The City Clerk will administer an oath to all witnesses who propose to testify before the City Council. 2. Disclosure by Council of Ex-Parte CommunicatioD~. After the hearing is opened, the members of the Council shall make a part of the record any ex-parte discussions, communications, investigations, site visits or expert opinions, as required by Section 7 hereof. 3. Initial Presentation. City staff shall make the initial presentation to the City Council regarding any item under consideration. At the completion of the staff presentation of any witness, affected parties may ask questions of, or seek clarification from the staff through the Mayor at this time. 4. ADplicant's Presentation. After the staff presentation, the applicant may make a presentation to the City Council. The applicant shall have the right to make an uninterrupted fifteen (15) minute presentation. 5. Inquiry of Applicant. After the applicant's presentation by any witness the City Council shall have an opportunity to comment and ask questions of, or seek clarification from the applicant's witness. City Council may allow staff to comment, ask questions of, or seek clarification from the applicant's witness at this time. Affected parties may ask questions of or seek clarification from the applicant's witness by request through the Mayor at this time. 6. proponent's Testimony. After such inquiry, proponents of the item or request shall be allowed to testify. Proponents of the application may make a presentation of up to three (3) minutes, but a person who represents an organization with five (5) or more members or a group of five (5) or more persons may speak for ten (10) minutes. 7. ~nquiry of Proponents. After the proponent's presentation of any witness, the City Council shall have an opportunity to comment or ask questions of or seek clarification from the proponent's witness. The City Council may allow the staff to comment, ask questions, or seek clarification from the proponent's witness. Affected parties may ask questions of or seek clarification from the proponent's witness through the Mayor at this time. 8. Qpponent's Presentation. After the applicant's presentation, opponents, if any, of any item or request shall be allowed to present evidence. Affected parties who oppose the application shall have the right to make an uninterrupted fifteen (15) minute presentation. Opponents of the application may make a presentation of up to three (3) minutes, unless a person represents an organization with five (5) or more members or a group of five (5) or more persons, such person may speak for ten (10) minutes. 9. In~uir~ of Opponents. After the opponent's presentation of any witness, the City Council shall have an opportunity to comment or ask questions of or seek clarification from the opponent's witness. The City Council may allow the staff to comment, ask questions, or seek clarification from the opponent's witness. Affected parties may ask questions of or seek clarification from the opponent's witness through the Mayor at this time. 10. Informational Testimony. Any member of the public who wishes to present information or clarification on the matter may be allowed to testify in matters where public comment is allowed. The Mayor will open the public information period. A member of the public may make a presentation of three (3) minutes, but a person who represents an organization with five (5) or more members or a group of five (5) or more persons may speak for ten (10) minutes. After the presentation of any informational witnesses the City Council shall have the opportunity to comment or ask questions of or seek clarification from the informational witnesses. The City Council may allow the staff to comment, ask questions of, or seek clarification from informational witnesses at this time. Affected parties may ask questions of or seek clarification from the public information witnesses by request through the Mayor at this time. 11. Closinq of Public Information Period: After the public information period is closed, no additional public comments shall 4 be allowed except in response to questions by members of the City Council. 12. Staff ResDonse and Summary: After the completion of the informational testimony, the staff shall be allowed the opportunity to respond to the presentation of the applicant, opponents, or the informational witnesses for a period of ten (10) minutes. The affected parties may ask for and be allowed an opportunity to point out any errors of fact in the staff presentation or ask questions of staff witnesses on their presentation. 13. Applicant's Rebuttal Presentation: The applicant shall be allowed the opportunity to present rebuttal testimony for a period of ten (10) minutes. Any affected party or staff who believes that a rebuttal presentation includes any error of fact may ask for and be allowed an opportunity to point out such error of fact in the applicant's presentation or ask questions of athe applicant's witnesses about its rebuttal presentation. 14. Board and Staff Inqu~r_y: If the staff, applicant and opponents have made presentations as outlined above and the public information portion of the hearing is closed, the City Council shall have the final opportunity to comment and ask questions of any applicant, opponent, or staff member. 15. Extension of Time: Any affected party who will be prejudiced by the time limitation set out in this procedure may request additional time from the City Council. 16. Affected Parties: The applicant and the City staff shall be considered affected parties. An affected landowner who is 5 entitled to notice under any statute or City Ordinance shall be considered an affected party if a request is made to the City Council for such designation. SECTION 3. EVIDENTIARY MATTERS: (a) If a party objects to the introduction of any evidence the Mayor shall rule on the objection to the admissibility of the evidence. If any member of the City Council disagrees with the Mayor's ruling on evidence the member shall so state and the city Council shall affirm or overrule the Mayor's ruling on the admissibility of any evidence. (b) Notwithstanding any other provision herein the Mayor or City Attorney may interrupt any presentation which discusses matters which cannot be considered in deciding the matter before the City Council for consideration. (c) Any affected party shall have the right to cross examine witnesses. Any presentations by counsel or representatives of any affected party which is unsworn shall be considered argument and not testimony. (d) Persons addressing the City Council shall identify any educational, occupational and other experience which they possess which may be relevant to the matter under consideration. SECTION 4. OATHS AND AFFIRMATIONS. Before making factual statements or factual representations at a quasi-judicial hearing, each person shall declare the factual statements or factual representations that the person will present before and to the City Council are truthful and accurate by taking an oath or affirmation in the form substantially similar to that provided in Schedule "A." SECTION 5. REGISTRATION OF APPLICkNTS OR OPPONENTS. Persons who desire to make presentations on an application or item or present information or make a comment on an application or item must register with the City Clerk prior to the time i~-the meeting at which such item is to be heard by City Council. SECTION 6. THE RECORD. The record shall consist of items as follows: (a) All City Ordinances, the Comprehensive Plan, its Policies and all land development regulations. (b) The application and supporting documents. (c) Any staff recommendations and all staff communication to City Council members on the pending matter. (d) Any other written communication to the City Council, if relevant. SECTION 7- EX-PARTE COMMUNICATION, SITE VISITS, INVESTIGATIONS, AND EXPERT OPINIONS. Any person not otherwise prohibited by statute, charter provision, or ordinance may discuss with any Council member the merits of any item or request. The subject of the communication and the identity of the person, group, or entity with whom the discussion took place shall be disclosed by the Council member and made a part of the record before the applicant's presentation. Any person may communicate in writing with any city Council member regarding any pending item or request. Such written 7 communication shall be made a part of the record before the applicant's presentation. City Council members may conduct investigations and site visits and may receive expert opinions regarding a pending item or request. The existence of the investigation, site visit, or expert opinion shall be made a part of the record before the applicant's presentation. Any such discussion, communication, investigation, site visit, or expert opinion which is made a part of the record shall not be presumed to be prejudicial to the quasi-judicial action. SECTION 8. CONFLICT WITH RESOLUTION. This Resolution shall prevail over all other Resolutions which are in conflict with this Resolution. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. SECTION 9. EFFECTIVE DATE. immediately upon its adoption. The foregoing Resolution Councilmember This Resolution shall take effect was moved for adoption by The motion was seconded by Councilmember into a vote, the vote was as follows: and, upon being put Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1995 CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney Do you swear or affirm that the factual statements and factual representations which you are about to give or present before or to this City Council during this public hearing will be truthful and accurate? SCHEDULE "A"