Loading...
HomeMy WebLinkAbout09011993 City of Sebastian I POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 AGENDA SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, SEPTEMBER 1, 19921 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 93.264 PG$ 1-3 ROLL CALL AGENDA MODIFICATIONS I~DDITIONS AND/OR DELETIONS} Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-95-19). 5. ANNOUNCEMENTS 6. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one ,~otion. 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. Simes Construction Co., Inc. - Specimen Tree Removal Request - Lot 16, Block 236, Unit 10, SH - One Pine (Director of Community Development Transmittal dated 8/25/93, Application, Survey) 93.183 93.183 PG $ 93.196 PG8 7-42 93.265 PGS 43-54 93.266/ 92.004 PG8 55-65 93.186 PG8 67-83 7. A¥OR AND A?TERS A. Mayor Lonnie R. Powell B. Vice-Mayor Frank Oberbeck C. Mrs. Carolyn Corum D. Mrs. Norma Damp E. Mr. Robert Fr..land CIT~ ATTORNEY MATTERS Ae City Attorney Recommendation - 1) Cancel Deliberation Pertaining to General Development Utilities 2) Determine that GDU Rate Increase Application is Incomplete 3) Declare Conflict of Interest and 4) Approve Having Rate Case Heard by Hearing officer (No Backup) CITY ~ ~TTER5 WORKSHOp T MS General Development utilities Rate Increase Request Deliberation (Finance Director Memo dated 8/24/93) Be Review Revised Proposed Price Airport Lease Agreement (City Clerk Transmittal dated 8/26/93, Proposed Lease, 6/16/93 Special Meeting Minutes, 6/16/93 Meeting Transmittal, 6/9/93 Meeting Transmittal, Price Letter dated 6/3/93, Survey Under Separate Cover) Ce Police Department Operational Status (Chief of Police Transmittal dated 8/26/93 and Memo dated 8/24/93) Proposed Interlocal Agreement Between City of Sebastian and Indian River County Solid Waste Disposal District - Direct Staff to Draft Resolution (Director of Community Development Transmittal dated 8/25/93, Brooks Letter dated 8/2/93, Proposed Agreement, R-92-05) Review Proposed ordinance No. 0-93-16 - Code Enforcement Board - Schedule First Reading for 9/8/93 and Public Hearing for 10/13/93 (Director of Community Development Transmittal dated 8/26/93, Lulich Letter dated 6/28/93, Kubes Memo dated 7/26/93, Proposed O-93-16) 93.267/ 93.010 POS 85-93 93.268 G. PGS 95-101 93.269 H. PGB 103-104 93.270 I. PGS 105-115 93.242 J. PGS 117-122 Proposed Land Use and Zoning Amendments Regarding Riverfront Zoning (Director of Community Development Transmittal dated 8/26/93, 1/6/93 Transmittal, DCD Memo dated 12/18/92, 1/6/93 Minutes, Map) Review Park Policy (Director of Community Development Transmittal dated 8/26/93, Current and Suggested Policies, Smith Memo dated 8/20/93, Chief of Police Memo dated 8/17/93, DCD Memo dated 8/12/93) Report Re: 01d Church on Bob Circle (Director of Community Development Transmittal dated 8/25/93) Sebastian Area Soccer Association Request Use of Barber Street Sports Complex and Concession Stand (City Engineer Transmittal dated 8/25/93, Richter Memo dated 8/24/93, Callahan Letter dated 8/24/93, Richter Letter undated and 8/23/93, Cooper Letter dated 9/15/92, McClary Letter dated 6/10/92, Pgs 3 & 4 Little League Lease) Police Pension Board - Consider Filling Napier Position (City Clerk Transmittal dated 8/26/93, Napier Resignation, Section 58-51, Committee List) 11. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) i City of. Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE SIMES CONSTRUCTION CO., INC. proved For Submittal By: City Manager Agenda Number: Dept, Origin: Community Development (BC~ Date Submitted: 08/25/93 For Agenda Of: 09/01/93 Exhibits: Land clearing application dated 08/23/93 Survey EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Pursuant to the City Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, Simes Construction Co., Inc. is requesting removal of one specimen tree on a property at 1290 Clearmont Street (Lot 16, Block 236, Sebastian Highlands Unit 10). The tree (one pine) is located on the proposed location for the house. RECOMMENDED ACTION Move to approve the removal of one specimen pine tree located on Lot 16, Block 236, Sebastian Highlands Unit 10. © CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND REMOVAL AND/OR RELOCATION OF TREES STREET ADDR .SS, /g q 0 LOT NO., l~ ..... BLOCg NO., ~3.4 UNIT NO.: PHONE: SUB-CONT~CTOR ~ /~~ ~ ADDRESS: ........... ~I~-: PHONE ~ ADDRESS: ZIP: PHONE NO.: I certify that all the foregoing information is accurate and that all work will be done in compliance with the Land Development Code ( Article XIV ) Signature ~,~~ APPLICATION MUST INCLUDEI 1. On a survey, locate all specimen trees (20 inch diameter or more). Indicate which trees to be .removed and/or relocated. Indicate the species of each tree. All specimen trees (20 inch diameter or more) to be removed or relocated must obtain the approval of the Sebastian City Council. A survey indicating all improvements must be submitted in relation to the removal of the specimen trees. Applicant must tag all specimen trees with a bright ribbon around the tree approximately 6 feet above the grade. Office Use Only APPROVED FOR PERMIT: YES:~ NO: MUST OBTAIN CITY COUNCIL APPROVAL: YES: iF YES, DATE OF CITY COUNCIL APPROVAL: ,. t Aceordtn8 to Rap No. 21061C0078E, Panel 78 of 169, dated Hay ~, 1989, this property lies in Flood Zone X. PLOT PLANS NOT TO BE USED FOR CONSTRUCTION LAYOUT PURPOSES. l® i Date= From= August 24, 1993 MARILYN SWiOHKOW, C.P.A. ~1~~ FINANCE DIRECTOR To= KAY O'HALLORAN ACTING CITY MANAGER subject= CITY COUNCIL DELIBERATIONS SCHEDULED FOR SEPTEMBER 1, 1993 Pursuant to our telephone conversation this date with Charlie Francher of GDU, please pull the GDU rate case delibrations from the September 1, 1993 City Council Agenda. I will coordinate rescheduling of the GDU rate deliberations after conferring with the city Attorney, Charles I. Nash. Charles I. Nash City Attorney I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407} 589-5330 FAX 407-589-5570 AGENDA FORM SUBJECT~ Clay Price - Proposed Airport Lease Agreement APPROVED FOR SUBMITTAL BY: Clty'Manager. , .... .EXPENDITURE ) ) ) ) ) ) ) ) ) ) Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: Proposed Revised Lease Agreement w/ Legal Description 6/16/93 Minutes 6/16/93 Transmittal 6/9/93 Transmittal Price Letter dated 6/3/93 Survey Under Separate Cover AMOUNT REQUIRED: N/A APPROPRIATION BUDGETED: N/A REQUIRED: Clay Price and Roger Moore appeared before City Council requesting permission to skydive at the Sebastian Municipal Airport in April, May and September of 1991. On September 23, 1992, they stated their intention to seek purchase of J & S Aviation and gained permission to skydive subject to working out conditions in the lease with the City Attorney. On November 18, 1992, Skydive Sebastian, Inc. submitted a proposal to obtain a permanent lease at the Airport and staff was directed to negotiate a lease, Skydive Sebastian was allowed to piggyback onto an existing lease and staff was directed to request an FAA safety study. On January 13, 1993 a six month sub-lease between Sebastian Aero Services, Inc. and Skydive Sebastian, Inc. was approved and commercial skydiving was approved subject to designation of a drop zone. A subsequent six month sub-lease extension was approved on July 28 1993 (revised August 25 1993). ' , City Council held a special meeting on June 16, 1993 on Clay Price's request for lease, at which time he was advised by staff that a legal description, conceptual plan and ground survey should be included in the application. Mr. Price also received the consensus of City Council, at that meeting, to cut lines on the property to do a topographic survey. I have included past staff recommendations and minutes to assist you in considering approval of the proposed lease. Mr. Price has requested that City Council review a proposed revised lease at the workshop and consider approval. The City Attorney and Airport Manager have reviewed the proposed lease revision. RECOMMENDED Review and consider approval of the revised proposed lease. 2 THIS LEASE, made and entered into this day of , 1993, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and Charles Clay Price, an individual, maintaining his principal office and place of business in 1623 U.S. $1, Suite B-4, Sebastian, Florida, (hereinafter referred to as the "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties". W I T N E .S S E T H : WHEREAS, the Landlord is the owner of certain property located in the County of Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the certain property is also available for use for those activities consistent with or in support of aviation activity; and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE-, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. I~. The above stated recitals are hereby incorporated by reference in this Lease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that portion of the real property of the Landlord which is described more particularly on Schedule "A" annexed hereto and made a part hereof by reference (hereafter referred to as the "leased premises,'). 3. TERM.OF LEASR. The term of this Lease shall be for a period of twenty (20) years commencing sixty (60) days after the date the Tenant executes this Lease and will end on the twentieth (20th) anniversary of such date. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) For the leased premises, the yearly rent shall be one thousand two hundred dollars ($1,200.00) per acre. The Landlord recognizes that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In July of 1996, 2001 and every five years thereafter the Landlord will compare the base price index for December of 1991 and the yearly rent amount shall be increased (or decreased) on December 1, 1996, and every five years thereafter in the same proportion as said July index has increased (or decreased) over (or under) the price index for December, 1991, or for December, five years earlier. In no event, however, shall the rent decrease below the sum of $1,200 per acre. (b) In addition to the rental amount, the Tenant shall pay Florida sales tax, if applicable. (c) The above rental for the leased premises shalI be payable in advance, in monthly installments, commencing from the date of commencement of this Lease, as described in Section 2 (above) and on a like day of every month thereafter during the term of this Lease. 5. FUEL FLOWAGE FEE. (a) In addition to the rent due hereunder, the Tenant and any sublessee of Tenant, shall also pay to the Landlord the following sums, which shall not be rent for the leased premises, but shall be collected by the Landlord from the Tenant, and any sublessee of the Tenant, at the time of delivery at the Airport: Two cents per gallon on all aviation fuels delivered to the Tenant, or to any sublessee of the Tenant', at the Airport (the preceding charge per gallon shall be subject to change at any time by Landlord as determined by resolution of the City Council of Sebastian. Such change shall become effective immediately upon delivery of written notice thereof to Tenant). (b) The Tenant and any sublessee of the Tenant shall furnish to the Landlord written detailed monthly statements showing the total amount of aviation fuels delivered to the Tenant, or any sublessee of the Tenant, at the Airport. Said statements shall be furnished no later than the 15th day of each month during the time this Lease shall be in force. The Tenant agrees, both on behalf of itself and any sublessee of the Tenant, that said amounts may be 3 collected by the Landlord .from the Tenant, or any sublessee Tenant, in the same manner as rent. of the (c) The monthly statements referred to in the foregoing subparagraphs pertain only to operations conducted at the Airport and exclude any operations of the Tenant, or any sublessee of the Tenant, conducted at other locations. (d) The Tenant, or any sublessee of the Tenant, shall further retain upon the leased premises all delivery bills, invoices and related records pertaining to all aviation fuels delivered to the Tenant, or to any such sublessee, and shall produce and make available such books and records upon request by the Landlord for the purpose of auditing payments to the Landlord as provided 1 hereinabove. Such books, records and other documents shall be made available for inspection to representatives of the Landlord within I 15 days of written notice to the Tenant or any sublessee of the Tenant. If said inspection reveals that payments to the Landlord I are in error, by more than 2%, then Tenant shall pay the additional I amount owing to Landlord plus all costs of said inspection. 6. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges I that the Tenant is leasing the premises for the purposes described in Paragraph 7 below, and that in order to utilize the leased i premises for this purpose, it will be necessary to erect thereon a I building and other ~mprovements, to be constructed the Tenant by upon the leased premises at the Tenant's sole cost and expense and I to comply with all applicable rules, laws, regulations and requirements pertaining thereto. I (a) The Tenant shall have the right to use the leased 4 premises for any lawful purpose associated with the use of aircraft and/or an airport to the extent described in Section 7 hereof, and shall have the right to construct upon the leased premises any buildings or other structures that may be proper for such use, provided any such buildings or structures do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the FAA prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration ("FAA"). (b) The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such buildings or structures. (c) All improvements to the leased premises shall, upon termination of this Lease for any reason, become the sole property of the Landlord without any further consideration from Landlord to Tenant. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. (d) In the event the Tenant is prohibited from obtaining a building permit or license to construct the improvements described below, within ninety (90) days from the date hereof, from the appropriate governmental authorities having jurisdiction over the leased premises, for reasons not caused by and beyond the control of the Tenant, this Lease shall be null and void and the Landlord and the Tenant shall have no obligation toward each other except as otherwise provided herein. (e) Attached hereto as Schedule "B" is a description of all improvements to be constructed on the leased premises by Tenant, including the date of commencement and completion required for each improvement. In the event that such improvements are not commenced on the applicable date set forth in Schedule "B", and thereafter completed on the applicable date set forth in Schedule "B", Landlord shall have the option to terminate this Lease and have no further obligatlons to Tenant hereunder. Such option shall be exercised within a reasonable time by written notice to Tenant. 7. USE OF LEASED PREMISE~. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having Jurisdiction over the leased premises. The Tenant agrees that the leased premises shall be used by the Tenant solely for the following purposes or uses: 6 The operatipD of aviation facility including a parachgte .center. aircraft hangers maintenance operation~ apron area, aircraft parking facility, and fuel fab. Any use of the leased premises other than those specifically stated above are expressly prohibited. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. I I I I I 8. REPAIRS AND ALTERATIQN~. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located or any part hereof thereon during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof) and the parking and service areas located on the leased premises, in a good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. Upon obtaining the prior written consent of the Landlord, which consent may be withheld for any reason, the Tenant, upon completion of the original improvements, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the 7 structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 9. ~. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor_ .service or any other utility or service consumed in connection with the leased premises. The Landlord shall have no liability for the failure to procure or the interruption of any such services or utilities. 10. S2[GNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 11. ]~F~. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefor shall be provided to the Landlord upon request. 12. ~. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, public liability and 8 property damage insurance coverage with respect to the leased premises, including those portions of the said premises used for driveways, walkways, and parking areas. The insurance coverage to be maintained by the Tenant shall contain limits of not less than $500,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident, together with $500,000.00 for damage to property. (Tenant agrees that Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease by resolution of the City Council of the City of Sebastian. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately.) Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company at least an AA rating by both Moody's and Standard and Poors. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. Ail policies described in this Section 12 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 13. FIRE AND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of fire and extended coverage insurance as the Landlord deems necessary and appropriate. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of .the premium therefor. The Landlord shall have no obligation to keep the buildings and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company at least an. AA rating by both Moody's and Standard and Poors. All policies described in this Section 13 shall' ~ontain a claus~ preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 14. DAMAG~ OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER ~. In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80% of the principal building, if any, is unusable. In the event the Tenant elects to repair and/or replace the building and other improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have any responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased l0 premises. Provided, however, that all repaired and/or replaced building and other improvements are repaired/replaced in a manner equal to or better than the building/improvement being repaired or replaced. (a) If the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Landlord shall have two options: 1. To continue to Lease; if the Landlord elects to continue the Lease, the Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction, such proceeds to be the sole property of the Landlord; or 2. To cancel the Lease; if the Landlord elects to cancel the Lease, the Landlord shall be entitled to that portion of the insurance proceeds paid as a result of such damage and/or destruction to the building and other improvements on the leased premises, the Tenant shall be entitled to the remainder, if any, of the insurance proceeds. (b) In the event the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting therefrom. 15. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises 11 including all attorney,s fees incurred by the Landlord in defending any such claims. This Section 15 shall survive the te~ination or _ cancellation of the Lease. 16. E~IRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, .liabilities, damages, and .xp.ns.. (including, without limitation, cl..n-up' co.t. and reasonable attorney's fees, ~esultlng directly or indirectly from,' - out of or by reason of (1) any hazardous or toxic materials, sUbstances, pollutants, contaminants, petrole~ products, hydrocarbons or wastes being located on the .property and being caused by the Tenant or its sub-Tenants. This Section 16 shall _ survive the te~ination or cancellation of the Lease. 17. PR~ENTiO~ OF USE OF THE PR~ISE~. If, after the effective date of this Lease, the Tenant is precluded or prevented _ from using, the .leased premises for those specific purposes i de?tified ~n Section 6 of this Lease, .by reason of a~y zoning law, ordinance or regulation of any authority having jurisdiction over ~he leased premises and such prohibition shall continue for a perlod- - in excess of ntnet~ (90) consecutive days, the Landlord.may allow the Tenant to terminate this Lease. The right to resinate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. I 18. LAND. IN.G FEE. S. Land. ing or any other type of use of runway I fees are spec~flcally prohibited by this Agreement, so long as all other tenants of the property owned by the Landlord located at the Airport are prohibited from charging any such fees, as the use of 12 the Airport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 19. GOVERNMENT _~EIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 20. ~INENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, building and/or improvements on the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 21. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; 13 (b) The appointment of order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenants failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenants abandonment of any substantial portion of the leased premises. "Abandonment,, shall be determined by the Landlord; hereunder, bankrupt, bankruptcy a receiver or the entry of an I (f) The Tenant or any guarantor of Tenant's obligations filing a petition for bankruptcy or being adjudged insolvent, under any applicable federal or state or insolvency law, or admit that it cannot meet its I financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County; 14 (i) The liquidation, termination, dissolution or (if the Tenant is a natural person) the death of the Tenant or all Guarantors of the Tenant's obligations hereunder; (j) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant submits, more than two times during the Lease term, a statement of aviation fuel sales that understates actual such sales by five percent or more; (1) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts a through k above. Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days, from the date notice is sent by the Landlord, within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days, from the date notice is sent by the Landlord, within which to remedy such default by paying all rent due. 15 22. IDENTITy OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and tenant. .23. NOTICES AND REPORT~. Any notice, report, .statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Tenant: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32978 Guarantors: N/~ provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 24. RIGHT TO INSPECT. The Landlord may enter the leased premises upon reasonable notice: 16 (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 25. OWNSRSHIP OF. TRADE FIXTURES. SIGNS AN_DPERSONAL PROPERTy. At the expiration of the Lease, any and all trade fixtures, signs and personal property, used by the Tenant in the operation of its business, on the leased premises shall remain the Tenant's sole property and the Tenant shall have the right to remove the same provided any damages in removal are repaired by the Tenant at Tenant's sole cost. In case of breach of this Lease by the Tenant, or the termination of the Lease, or any extension hereunder, that may be granted, the Tenant agrees to immediately surrender possession of said facilities, and all the buildings, edifices, etc. that are 17 constructed by or on behalf of Tenant. The facilities, buildings, edifices, etc. shall then become the property of the Landlord. 28. HEIGHT RESTRICTIONS.. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 29. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the 18 consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over.or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of. any of the above non- discrimination covenants, the Landlord shall promptly notify the breach and the Tenant shall immediately Tenant, in writing, of such commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. 30. ENTIRE AGREEMENT. This Lease contains all of the understandings by and between the parties hereto relative to the 19 leasing of the premises herein described, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 31. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord, which consent may be withheld for any reason. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relleved of any duty, obligation or liability under the provisions of its Lease. 32. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 33. APPLICABLE LAW/VENTJ. E. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent · provided by Federal law. 34. ~ORN~YS. FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels. 35. CO~u~. In n__o event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF SEBASTIAN A Municipal Corporation existing under the laws of, Florida Charles Clay Price, Individually Robert S. McClary City Manager ATTEST: Kathryn M. O'Halloran CMC/AAE Approved as to Form and Content: Charles Ian Nash City Attorney 21 sc .,.I~D .UL,, E "A" This Schedule is a part of that certain Lease between the CITY OF SEBASTIAN and Charles Clay Price dated for leased premises at the Sebastian Municipal Airport. Listed below is the general description of the leased premises. The three acre parcel contigious to the Sebastian Aero Services, west of the 4/13 taxiway and north of Sebastian Aero, particular description to follow. Fleming Grant that certain parcel lying in Section 29 described as follows: beginning at the most westerly comer of said Section 29, mn south 44 degrees 21 minutes 28 seconds east 818.81 feet on southwest boundary of Section 29 to centerline of Roseland Road, thence north 04 degrees 48 minutes 59 seconds west 514.65 feet on said centefline, thence north 89 degrees 50 minutes 46 seconds east 644.46 feet, thence north 00 degrees 09 minutes 14 seconds west 849.00 feet to true point of beginning, thence north 89 degrees 50 minutes 46 seconds east 425.00 feet to a point which lies 75.00 feet west of the centerline of an existing airport taxiway, thence north 00 degrees 09 minutes 14 seconds west 307.00 feet, thence south 89 degrees 50 minutes 46 seconds west 425.00 feet, thence south 00 degrees 09 minutes 14 seconds east 307.00 feet to true point of beginning. Contains 3 acres more or less. Less and except Parcel B & C whose legal description is respectively described as: Parcel B Fleming Grant that certain parcel lying in Section 29 described as follows: beginning at the most westerly comer of said Section 29, run S 44'21'28" E a distance of 818.81 feet on southwest boundary of Section 29 to centerline of Roseland Road, thence N 04f'48'59" W a distance of 514.65 feet on said centerline, thence N 89'50'46" E a distance of 644.46 feet, thence N 0lf09'14" W a distance of 849.00 feet; thence N 00"09'14" W a distance of92.11 feet to the point of beginning; thence N 0(F09'14" W a distance of 79.60 feet; thence N 72~24'54'' E a distance of 87.62 feet; thence S 86039'37'' E a distance of 94.64 feet; thence S 69°44'03'' E a distance of 49.06 feet; thence S 00"09'14" E a distance of 62.21 feet; thence S 78~20'32'' W a distance of 49.58 feet; thence N 81°41'01" W a distance of 95.75 feet; thence S 72°40'02'' W a distance of 84.52 feet to the true point of beginning. Containing 18,213 square feet. 22 as: Parcel C Fleming Grant that certain parcel lying in Section 29 described as follow: beginning at the most westerly comer of said Section 29, run $ 44'21'28" E a distance of 818.81 feet on southwest boundary of Section 29 to centerline of Roseland Road, thence N 04~48'59" W a distance of 514.65 feet on said eenterline, thence N 89"50'46'* E a distance of 644.46 feet, thence N 00°09'14'' W a distance of 849.00 feet; thence N 89"50'46" E a distance of 425.00 feet; thence N 00'09'14" W a distance of 143.64 feet to the point of beginning; thence S 89~50'46" W a distance of 200.96 feet; thence N 09"09'14" W a distance of 15.00 feet; thence N 89"$0'46" E a distance of 200.96 feet; thence S 00'09'14" E a distance of 15.00 feet to the true point ofbegirming Containing 3,014 square feet. With the non-exclusive Ingress/Egress easement whose legal description described Fleming Grant that certain parcel lying in Section 29 described as follows: beginning at the most westerly comer of said Section 29, mn S 44'21'28" E a distance of 818.81 feet on southwest boundary of Section 29 to centerline of Roseland Road, thence N 04"48'59" W a distance of 514.65 feet on said centerline, thence N 89~50'46'' E a distance of 644.46 feet, thence N 00,09'14" W a distance of 849.00 feet to the point of beginning; thence S 89'50'46" W a distance of 100.00 feet; thence N 00,09'14" W a distance of 307.00 feet; thence N 89~50'46'' E a distance of 100.00 feet; thence S 00°09'14" E a distance of 307.00 feet to the point of beginning 23 SCHEDULE "B" This Schedule is part of that certain Lease between the CITY OF SEBASTIAN and Charles Clay Price dated for leased premises at the Sebastian Municipal Airport. Listed below are the descriptions of each improvement to be constructed by Tenant on the leased premises and the required dates of commencement and dates of completion for each such improvement: Description of Improvement Date of Date of Commencement Completion 3,000 sq. ii. Hangar 12' x 44' DCA Approved Modular Office Upon Lease 1 Year Upon Lease 3 Months Times are contingent upon receipt of required permits. CITY OF SEBASTIAN A Municipal Corporation existing under the laws of, Florida Charles Clay Price, Individually Robert S. McClary City Manager ATTEST: Kathryn M. Ol-Ialloran CMC/AAE Approved as to Form and Content: 24 Charles Ian Nash City Attorney SKYDIVING ADDENDUM TO LEASE BETWEEN CITY OF SEBASTIAN AND CHARLES CLAY PRICE AT THE SEBASTIAN MUNICIPAL AIRPORT This is an Addendum to that certain Lease between CITY OF SEBASTIAN and Charles Clay Price relating to property at the Sebastian Municipal Airport, which Lease is dated the day of , 199 The terms of this Addendum shall be a part of said Lease as though incorporated therein. 1. For additional consideration of $1.00 per year payable in advance, the first of said annual installments being paid and received herewith, Landlord hereby grants to Tenant, its agents, employees and invitees, the right to use the land area depicted on Attachment "A" hereto, which area is located at the Sebastian Municipal Airport during the term of this Lease. 2. The right of use granted hereunder shall be on a non-exclusive basis and shall be used by Tenant, its agents, employees, and invitees solely for the purposes of a drop zone for skydiving. Landlord may from time to time promulgate rules and regulations regulating the use of the drop zone by Tenant and others, and Tenant hereby agrees for itself, its agents, employees and invitees to fully abide by all said rules and regulations. 3. Tenant also agrees that the area may be changed by Landlord at any time during the term of the Lease and such change shall be effective when written notice of the change is delivered to Tenant at its offices at the Sebastian Municipal Airport, which notice includes an attachment depicting the new drop zone. 4. Tenant agrees to indemnify and hold Landlord harmless from any and all losses, claims, damages, liabilities or any other obligations whatsoever imposed or asserted against Landlord which in any way relate to this Addendum, the right of use granted hereunder or the use of the drop zone by Tenant, its agents, employees or any of its invitees. Tenant agrees to maintain the area in a manner that the area will not create a safety hazard to it's agents, employees, and invitees. 5. Tenant's right to use granted herein shall immediately terminate in the event that Tenant breaches any of the terms of this Addendum or the Lease, or Tenant or any of its agents, employees, or invitees fail to abide by the rules and regulations promulgated by the Landlord. Dated this day of ,199 CITY OF SEBASTIAN A Municipal Corporation existing under the laws of, Florida Charles Clay Price, Individually Robert S. McClary City Manager ATTEST: Kathryn M. O~Ialloran CMC/AA.E Approved as to Form and Content: Charles Ian Nash City Attorney City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, JUNE 16, 1993 - APPROXIMATELY 7:00 P.M. CITY COUNCI~ CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PURPOSE: Review Clay Price Request for Airport Lease me Mayor Powell called the special meeting to order at 7:05 p.m. 2. No Pledge recited. 3. Although no roll call was read, members were present as follows: Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Manager, Robert McClary City Attorney, Charles Nash Assistant City Attorney, Richard Torpy Director of Community Development, Bruce Cooper Airport Manager, John Van Antwerp City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Special City Council Meeting Price Airport Lease June 16, 1993 Page Two ® REVIEW CL~Y PRICE REQUEST FOR AIRPORT LEASE (City Manager Transmittal dated 6/11/93, Price Letter dated 6/11/93, Proposed Lease Agreement, Map, 20A-5.16(D) LDC) A1 Vilardi, 445 Georgia Boulevard, and Sal Neglia, 461 Georgia Boulevard, Sebastian addressed 'City Council. The City Manager said, in his opinion, the lease is not ready for City Council action since it is not in final form and recommended that any airport lease application should include a conceptual plan, a legal description and a ground survey. He recommended that approval of a temporary structure be done in the same manner as any temporary construction trailer. Attorney Torpy addressed the need for U.S. Fish and Wildlife approval for the subject property in scrub jay habitat and discussion followed. Attorney Torpy was excused at 7:25 p.m. The Airport Manager advised City Council to determine how it wants the property developed. Clay Price, 12430 Roseland Road, Sebastian and Randy Mosby, Mosby & Associates, representing Skydive Sebastian, addressed City Council requesting approval for the airport lease. City Council discussion followed relative to drainage, need for a roadway, use of temporary structures, scrub habitat. Mr. Oberbeck suggested placement of a bond to assure the city that permanent construction will take place. TAPE I - SIDE II (7:53 p.m.) Following lengthy discussion, it was the consensus of City Council to authorize Mr. Price to cut lines to do a topographic survey to determine whether the property is buildable. The City Manager noted that a request to cut lines rather than clear could have been authorized by staff. Discussion continued relative to use of modular units. The Director of Community Development inquired what type of unit the applicant intends to use. Special City Council Meeting Price Airport Lease June 16, 1993 Page Three Mr. Mosby responded that before a modular unit is placed a site plan will be presented to Planning and Zoning. The city Manager advised that a lease will have to be in place prior to Planning and Zoning site plan approval. City Council concurred with the concept of a modular unit if it complies with State Law and City Ordinances. Being no further business, Mayor Powell adjourned the special meeting at 8:15 p.m. Approved at the ~ ~_~ //~~/1993, city council Kathry~M. O'Halioran, CMC/AAE City Clerk i City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT= Clay Price Request For ) Agenda No. Lease ) Approved for Submittal By: city Manager Dept. of Orlgln, City Manager (RSM) Date Submitted 06/11/93 For Agenda of 06/16/93 Exhibits:-Price Letter Dated 6/11/93 - Proposed Lease Agreement - Williams, Hatfield, Stoner Master Plan Map 7.1 - Section 20A-5.16 (D) Land Development Code SUMMARY STATEMENT Charles Clay Price, as an individual, is requesting to lease a three (3) acre parcel at the Sebastian Municipal Airport. His letter of request and proposed lease is attached. Staff offers the following comments and recommendations: 1. The effective date of the lease on page i needs to be completed. 2. Paragraph 9 "Use of Lease Premises" identifies the purpose of the lease to include a parachute center. However, the Drop Zone Addendum to lease was not included and must be filed. 3. A three (3) acre lease at $1,200 per acre is an annual lease amount of $3,600 per year, payable in monthly installments. The first monthly payment of $300 should be included. 4. The lease document, Drop Zone Addendum to lease, and Schedule "B" should all be signed by Mr. Price. 5. Schedule "A" is to be a legal description of the premises. Schedule "A" should include the date of the lease from page 1 and must include a legal description prepared by a Public Land Surveyor. Mr. Price has asked to clear the property prior to preparation of a legal description. While a clearing permit cannot be granted under the Land Development Code without a lease or building permit, Mr. Price could be allowed to scrub the area by removing Palmettos and vines but no trees. Any such scrubbing would be at his expense. Mr. Price has also asked the City to mitigate rent for any ~rea of the three (3) acre parcel which would be unusable. Staff recommends that areas unusable due to failure to obtain a permit from a regulatory agency such as DNR or St. John's River Water Management~ District, or areas used by the airport (e.g. storm water conveyanc~ ~ ditch) be excluded. 6. Schedule "B" needs to be filled out completely including the date of the lease. The descriptions of improvements as listed by Mr. Price are vague and will need to be rewritten to be specific, as contemplated by the lease. Further, the date of commencement and date of completion should be specific calendar dates. Mr. Price is requesting the placement of a construction trailer for the first one (1) year of the lease. A mobile home is allowable as a temporary office under certain conditions per Section 553.73 (7) (c) Florida Statutes. Further, Section 20A-5.16 (d) allows a trailer to be used as an office in connection with construction only after a building permit has been issued. The trailer then must be removed within ten (10) days of completion of the permanent structure. Any temporary facilities allowed by City Council on the leased premises should be in compliance with both State Law and City Ordinance. 7. Any proposed lease should be approved only upon adoption a Resolution approving same by the Sebastian City Council. RECOMMENDED ACTION Review the request for lease by Clay Price. I I I I I I I i i I I I i i I I I I City of. Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT= Airport Lease Approved for Submittal By= city Manager~ ~ Dept. of Origin= City Manager (RSM) Date Submitted 06/03/93 For Agenda of 06/09/93 Exhibits= None - Price Letter Dated 6/3/93 SUMMARY STATEMENT Clay Price is requesting to enter into a land lease for property at the Sebastian Municipal Airport. He is requesting to use the General Lease prepared by the City. He is proposing to place a construction trailer on the site during the first year of the lease and to construct a 2,000 square foot hangar in the second year of the lease. Mr. Price is requesting the city provide the boundary survey for the legal description to be attached to the lease or, in the alternate, reduce the rent for the cost incurred for the survey. RECOMMENDED ACTION Review the request from Clay Price. Charles Clay Price Post Office Box 780698 Sebastian, FL 32978 (407) 589-8981 June 3, 1993 Mr. Rob McClary City Manager City of Sebastian Post Office Box 127 Sebastian, FL 32978 Re: Airport Property Lease Dear Rob: I am requesting to lease property at the Sebastian Airport. This lease will conform to the general lease. I wish to operate for the first year of the lease with a construction trailer, year two begin construction on a 2000 square foot hangar. The general description of the property to be leased is as follows: East boundary being the taxi way South boundary being Sebastian Aero Services West boundary being the road extension North boundary being the ditch I request that the City of Sebastian provide the boundary survey for the legal description to be attached to the lease or, in the alternative, reduce the rent for the cost incurred for the survey. Should you have any questions, please contact me at the phone number listed above. Sincerely, Charles Clay Price I I I I 1993 APPROPRIATION SEBASTIAN POLICE DEPARTMENT Earle L. Petty, Chief of Police Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 MEMORANDUM DATE : August 24, 1993 TO : FROM : SUBJECT: Kathryn O'Halloran, Acting City Manager Earle Petty, Chief of Pol~ Operational Status of the Police Department The purpose of this memorandum and related information is to provide you with specific facts regarding the operation of the police department since January 1993. A. ORGANIZATION: 1. Command Division: The Command Division is staffed with one police chief and one captain. The Command Division handles the day to day operations within the agency, this includes, budget, planning, development and direction of the police department. 2. Uniform Division: The Uniform Division is staffed with one senior sergeant, four sergeants and twelve officers. The Uniform Division investigates all offenses, pursues the apprehension of offenders and recovers stolen property. Patrol officers have responded to more than 18,172 calls for service so far this year. Patrol officers make a concentrated effort to eliminate the opportunity for crime by proactive patrolling. The Uniform Division also investigates all traffic accidents, enforces traffic laws, alcohol - related traffic enforcement, coordinating special events, such as parades, carnivals, and city sponsored activities. The Uniform Division commander also has supervision of four school crossing guards. --1-- Date: Subj: Page: August 24, 1993 Operational Status of the Police Department Two Investigations Division: The Investigations Division is responsible for follow-up investigations concerning offenses which require more in-depth investigation than is conducted by patrol officers. The division is staffed with one senior investigator, two investigators, and one narcotics investigator. The detectives assigned to this division are divided into persons crimes, property crimes, and narcotics investigations. They are primarily responsible for follow-up investigation of felony crimes such as homicide, robbery, sexual battery, aggravated battery, burglary, theft, auto theft, forgery and arson. So far this year 346 cases were assigned and investigated and 121 cases were cleared by arrest or exception. This represents a comprehensive clearance rate of 35.26%. Evidence Control: Evidence Control is assigned to the investigations division as an additional duty and is responsible for the intake and disposal of all evidence seized in criminal investigations and found property. -2- Date: Subj: Page: August 24, 1993 Operational Status of the Police Department Three Professional Standards Division: The professional standards division is organized under the office of the chief of police and is comprised of staff inspections and internal affairs. Both of these functions are conducted by the captain. A staff inspection is an evaluation process of the police departments functions that identifies strengths and weaknesses in the organization. This is accomplished through a variety of inspection techniques that include on-site observations, questionnaires, surveys, and interviews with individuals both inside and outside of the organization. Internal'Affairs investigates complaints or allegations of a serious nature against employees of the department. This section is charged with "policing the police". All complaints received by the department are documented and investigated. Internal Affairs maintains all administrative records regarding citizen's complaints, police pursuits, subject resistance, civil actions, police vehicle accidents, grievances and sexual harassment. -3- Date: Subj: Page: August 24, 1993 Operational Status of the Police Department Four Records and Data Processing Division: The records and data processing division is staffed by two full time records clerks, and supervised by the administrative assistant. The division is responsible for the review, collection, entry, distribution and storage of information. The tracking and access of information gathered from various reports including police incident reports, field contact reports, citations and accident reports is an extremely valuable tool for the police officer. The records and data processing division collects and submits statistical data to the Florida Department of Law Enforcement for use in statewide crime information reports. This division also provides copies of reports to individuals, businesses, the court system, and the news media. The departments computer operations have been enhanced and will continue to be an area in which continuous growth and change will occur. -4- Date: Subj: Page: August 24, 1993 Operational Status of the Police Department Five Community Relations: The uniform division commander supervises the community relations division as an additional responsibility. This includes crime prevention, school resource officer and neighborhood crime watch. The crime prevention section delivers a proactive response.to crime related problems by providing programs for adults and children. The crime prevention officer, through individual contact, group sessions, and public announcements, makes citizens aware of crime problems and encourages them to take an active part in preventing crime. The crime prevention officer is also the liaison with the Sebastian neighborhood watch program. This citizens group acts as the "eyes and ears of our community", reporting situations to law enforcement to help reduce neighborhood crime. The community relations division has one school resource officer (additional duty) working in two elementary schools within the city. This officer provides educational programs including; personal and bicycle safety programs, halloween awareness programs and "stranger danger" programs. This allows children to see police officers as friends and community helpers. -5- Date: Subj: Page: 10. August 24, 1993 Operational Status of the Police Department Six Training Section: The training section is staffed by one sergeant (additional duty), who coordinates all mandatory and in-service training related to upgrading employee skills. So far this year the training section has coordinated instructional blocks on firearms proficiency, disaster preparation, hazardous materials, ASP training, and a review of all department policy's and procedures. Reserve officers: The reserve officer program aids the uniform division in reducing crime by using citizen volunteers who are state certified police officers. These officers patrol with full-time officers and each reserve officer logs at least twenty hours a month with the department. Community Service Volunteers: Fifteen highly-trained civilians make up the community service volunteer program. These volunteers are responsible for the house watch program, the city courier runs, taking vehicles and equipment for repair, assist with the neighborhood crime watch program, perform data entry and finger printing of civilians as a service to our community. There currently are two vehicles assigned to the community service program. -6- Date: Subj: Page: 11. 12. August 24, 1993 Operational Status of the Police Department Seven Chaplaincy: The department has two ministers who serve as police chaplains on a volunteer basis. They assist officers in consoling victims of crime or families of a homicide victim, suicide, unexpected death or other tragedy. The chaplains also provide a confidential resource for department employees experiencing typical work related-stress and problems, which could adversely affect job performance. Communications Division: The Communications Center is staffed by one supervisor, four full time communications technicians and two part-time technicians. The Communications Center will handle well over 30,000 calls for service this year, plus all emergency 911 calls for the City of Sebastian. The Communications Center is the heart of the police station and the communications technicians, besides taking.phone calls and dispatching police units also monitor the closed circuit T.V. system, operate all the electrical doors, control entry and exit into the vehicle sally port and booking area. -7- Date: SuDj: Page: August 24, 1993 Operational Status of the Police Department Eight DEPARTMENT ACHIEVEMENTS: Joined with other law enforcement agencies in Indian River County to form the multi agency crime enforcement unit. This drug task force has been successful on several investigations in Sebastian, that included the execution of a search warrant, arrests, .and the recovery of narcotics. Increase the size and scope of the Community Service Volunteer Program. Participation by officers of this department in training and operations in the Blue Lightning Task Force East. This unit includes U.S. Customs, U.S. Coast Guard, and the drug enforcement administration. Computer system upgrade that included a fiber optic connection between the main frame computer in finance and the police department. Installation of a complete telephone back-up system at the emergency operations center. This will allow communications to shut down at the main station and continue to operate without interruption at the E.O.C. The improvement of air quality at the police station .that then allowed all the department employees to again work under one roof. -8- Date: Subj: Page: August 24, 1993 Operational Status of the Police Department Nine The completion of the 150 foot tower that greatly improved the departments communications capability. Completion of the Occupational Safety and Health Act requirements in reference to bloodborne pathogens. This included both training, exposure control plan, equipment purchase and issue and Hepatitis B vaccination. The use of a questionnaire randomly sent out to the citizens of Sebastian who have had a recent contact with the police department. 10. The successful support of the Pelican Island Day in Sebastian. 11. The successful support of the annual 4th of July celebration that for this year also included the 3rd of July. FUTURE PLANS -, Evaluation and cost of the 800 MHZ radio system and a central county wide communications center. m The addition of an evidence/crime scene technician to improve our investigative posture and modernize the handling and storage of evidence. The addition of a records clerk to increase the hours of operation and to help meet the ever increasing workload of the Records Division. -9- Date: Subj: Page: August 24, 1993 Operational Status of the Police Department Ten Initiate the community oriented policing philosophy utilizing uniform division patrol officers. This will include assigning officers to geographic districts throughout the city to provide a one-on- one approach to policing. Provide specialized training in problem solving to enable officers to work on long term problems that are of concern to the crime watch groups, neighborhood associations, commercial merchants, and residents. This program will enhance the departments responsiveness to the community and should increase the community's commitment to providing a safe and enjoyable environment in which to live, work and play. CRIME DATA: The following data is for the period, January 1 through July 31, 1993; 1. Murder 0 2. Sexual Battery 0 3. Robbery 0 4. Aggravated Assault 14 5. Burglary 93 6. Motor Vehicle Theft 4 7. Larceny/Theft 170 8. Manslaughter 0 9. Kidnap/Abduction 0 10. Arson 0 11. Simple Assault 74 12. Drugs/Narcotics 34 13. Bribery 0 14. Embezzlement 0 -15. Fraud 5 16. DUI 28 -10- Date: Subj: Page: August 24, 1993 Operational Status of the Police Department Eleven 17. Arrests 101 18. Officer Assaults 3 As the above data'indicates thefts of all types and burglary are the biggest crime problems in Sebastian at this time. I feel that these crimes can be reduced in numbers by aggressive proactive patrolling, increasing the neighborhood crime watch program and crime prevention program, making our citizens more aware of these problems and to call the police when they see a suspicious person or incident. But the biggest deterrent of all is to put the perpetrators (once arrested and convicted) in prison without early release, instead of right back on the street as is the situation right now. -11- City of Sebastian 1225 Main Street [] SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: PROPOSED INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SOLID WASTE DISPOSAL DISTRICT Approval for Submittal By: City Manager 32958 ) Agenda Number: ~. ~ -~Z. C~.~ ) ) Dept. Origin: Community Develop.merit ) ) Date Submitted: ) ) For Agenda Of: ) ) Exhibits: ) 1. ) 2. ) 3. 8/25/93 (BC~ 9/O1/93 Letter dated 8/2/93 from Ron Brooks Interlocal Agreement Resolution R-92-05 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Please refer to the letter dated August 2, 1993 from Ron Brooks regarding a detailed report on the City's participation with Indian River County Solid Waste Disposal District for recycling. Basically, Indian River County will expand their program on recycling to include curbside service to mobile home parks and multi-family units. The proposed interlocal agreement will also renew our existing agreement that will expire September 30, 1994. Staff would recommend that City Council enter into the interlocal agreement to provide curbside recycling to mobile home parks and multi-family units at a cost of $6.54 per unit, per year. RECOMMENDED ACTION Move to approve staff to draft a resolution approving the interlocal agreement between the Indian River County Solid Waste Disposal District and the City of Sebastian. Telephone: (407) 567-8000 August 2, 1993 Mr. Bruce Cooper City of Sebastian 1225 Main Street Sebastian, FL 32958 INDIAN RIVER COUNTY, SOLID WASTE DISPOSAL DISTRICT 1840 25th Street, Veto Beach, Florida 32960 Suncom Telephone: 224-1294 Re: Multl-family Recycling Program Dear Mr. Cooper: As you may recall the city entered into an interlocal agreement with the county on May 10, 1989 to participate in a joint recycling grant application through the Department of Environmental Regulation. The agreement was necessary for the county to be able to obtain the full benefits of the grant program without having to provide equivalent funds. That interlocal agreement will expire September 30, 1994 and to continue the grant application and use process the agreement must be renewed. In addition, the city entered into an interlocal agreement with the Solid Waste Disposal District (SWDD) on January 8, 1992 to provide curbside recycling for single family residences. The SWDD Board during the Board meeting on June 1, 1993 approved the expansion of this program to include curbside service to mobile home parks and multi-family units. It is our desire to provide this multi-family and mobile home park recycling collection within the municipalities as we did the single familY recycling collection service. To that end, negotiations with the franchised waste collectors within the unincorporated areas of the county have provided confirmed services that can be included within the municipalities upon completion of an interlocal agreement. Under the proposed agreement with the SWDD's franchised collectors the recycling services for all single family residences in fiscal year 1993-94 will cost $8.72 per unit, per year, and for mobile homes and multi-family units $6.54 per unit, per year. The service for single family units will continue with Printed on Recycled Paper Mr. Bruce Cooper Page 2 two bins collected every two weeks. For multi-family and mobile homes the service will be weekly with either two bins per unit or strategically located 60-90 gallon containers. The multi-family and mobile home park service will begin January l, 1994. Enclosed for your review and subsequent execution by your City Council/Commission is an interlocal agreement that accomplishes the following: Continues with the SWDD the originally executed Interlocal Agreement dated May 10, 1989 (expires September 30, 1994) and provides for the joint application for and subsequent use of Recycling and Education Grant Funds. Continues the SWDD's recycling collection program for single family residences within your municipality that was authorized by an Interlocal Agreement dated January 8, 1992. Authorizes the SWDD to provide recycling collection service to mobile home parks and multi-family residences within your municipality beginning January 1, 1994. Please review the agreement and forward it to your governing body for execution if you determine the provisions of the agreement to be acceptable. If you have concerns or desire modifications to the agreement, please notify us of your concerns. I will be happy to personally appear before your Council/Commission to provide information and an explanation of this entire matter. Any questions or additional information requests should be directed to telephone 567-8000 Ext. 294 or the above address. Sincerely, Ronald R. Brooks, Manager Solid Waste Disposal District RRB/dc Enclosure MULTI-F/S2a cc: The Honorable Lonny Powell, Mayor iNTERLOCAL AGREEMENT This Agreement, entered into this day of , 1993, by and between the City of Sebastian (hereinafter referred to as the CITY) and Indian River County, Solid Waste Disposal District (hereinafter referred to as the SWDD). WHEREAS, the Statewide goal of the Solid Waste Management Act of 1988 (hereinafter referred to as the "Act") is to reduce the amount of municlpal solid waste being disposed of at solid waste management facilities by at least 30 percent by 1994; and WHEREAS, in an effort to reach this goal the Act required counties to develop and implement recycling programs within their Jurisdictions to return valuable materials to productive use, to conserve energy and natural resources, and to protect capacity at solid waste management facilities; and WHEREAS, the Act required that said recycling programs be initiated by July 1, 1989; and WHEREAS, in an effort to accomplish the recycling goals of the Act, the SWDD in fiscal year 1991-92 implemented a curbside recycling collection program for single family residences; and WHEREAS, the City, through interlocal agreement, (January 8, 1992) authorized the SWDD to provide the recycling collection program within the City; and WHEREAS, the SWDD, in fiscal year 1993-94, intends to implement curbside recycling collection for multi-family units, to include mobile home parks, and all residential units; and WHEREAS, the City, not having a recycling program, wishes to participate in both the SWDD's multi-family and single family recycling collection program; and WHEREAS, the Act created the Solid Waste Management Trust Fund to provide grants to assist qualifying counties and municipalities in the operation of solid waste management recycling and eduction programs; and WHEREAS, municipalities with populations of less than 50,000 may not apply individually for grants, but may apply jointly with the SWDD for incentive grant funds; and WHEREAS, no local government match is required for these grants if the municipalities representing seventy-five percent (75%) of the incorporated population of the County apply jointly with the SWDD, to the Florida Department of Environmental Protection (FDEP), for these grants; and WHEREAS, in order to apply Jointly for these grants the SWDD and the municipalities must enter into interlocal agreements that determine how the grant funds, if awarded, shall be used; and WHEREAS, grant applications submitted to the FDEP must include copies of the interlocal agreements between the SWDD and participating municipalities; and WHEREAS, the participation and cooperation of the CITY and the SWDD is essential to the successful award of a State grant and the development and implementation of a successful recycling and education program in Indian River County; and -1- W~EREAS, it is the desire of the City of Sebastian to apply jointly with the SWDD to FDEP for available recycling and education grants, NOW THEREFORE, the SWDD and the CITY hereto mutually agree as follows: This Agreement shall be effective from the date it is filed with the Clerk of the Circuit Court of Indian River County and shall remain in effect until modified by subsequent agreement. This Agreement may be terminated in writing by either party prior to the beginning of each fiscal year (October I of each year) with ninety (90) days written notice. The SWDD shall, in its contractual agreements with franchis- ed collectors, include recycling collection services for all mobile home parks and multi-family and single family units located within the City. The CITY agrees to the service to be provided by the SWDD and shall reasonably cooperate with the SWDD in the implementation and operation of the service. If the CITY should elect to have recycling collection services above and beyond that provided by the SWDD, the CITY shall enter into agreement with the SWDD's contracted collector for those additlonal services at the CITY's expense. The CITY shall reasonably cooperate with the SWDD in pro- viding information necessary to (a) complete the grant applications in accordance with the requirements of FDEP; (b) develop a recycling program to be implemented within the COUNTY and CITY; and (c) prepare the SWDD's annual report to FDEP on recycling activities as required by Section 403.706(7) Florida Statutes. The SWDD shall submit grant applications to FDEP during the period covered by this Agreement and by the application deadlines to be established by FDEP. All grant funds provided to the SWDD, including those incentive grant funds provided to the SWDD through the participation of the CITY in a joint application for grant funds, shall be utilized by the SWDD for the development implementation, and operation of a County-wide recycling and education program. The solid waste recycling and education grants provided by FDEP may be used for the following purposes: Capital costs, if justified to and approved by FDEP; Establishing recycling capability at the County Land- fill, the existing Solid Waste Collection Centers and other satellite sites; Provision of recycling collection service; Design and construction of recycling and composting facilitles; Shredding of organic materials for composting and or reuse as mulch; Promotion of recycling, volume reduction, and proper disposal; Market development for recyclable materials; and 10. 11. 12. Other uses provided for under the grants program and authorized by the FDEP. The recycling program shall also include a public education program to promote recycling, participation in the established recycling programs, volume reduction, and proper disposal of waste. The SWDD shall provide matching funds through the Solid Waste Disposal District where required under the grant program. Any notice that may be extended by one party to the other pursuant to or as a result of this Agreement shall be extended by regular, first class, United States mail, postage prepaid or by hand delivery as follows: To the CITY: City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Phone: 407-589-5330 To the SWDD: Ronald R. Brooks Solid waste Disposal District 1840 25th Street Veto Beach, FL 32960 Phone: 407-567-8000 Ext. 294 Any party to this Agreement may unilaterally redestgnate the address of or person to whom notice is to be directed by giving notice to all other parties hereto. This interlocal vious interlocal 1992. agreement supercedes and replaces the pre- agreement with the SWDD dated January 8, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year first above written. ATTEST CITY OF SEBASTIAN City Clerk DATE: BY: Mayor ATTEST Clerk BOARD OF COMMISSIONERS SOLID WASTE DISPOSAL DISTRICT BY: Chairman RRB/dc SEBINTLO/S2A -3- RESOLUTION NO. R-92-05 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, PERTAINING TO CURBSIDE RECYCLING; PROVIDING AUTHORITY TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO JOINTLY DEVELOP AND IMPLEMENT A CURBSIDE RECYCLING PROGRAM PURSUANT TO THE SOLID WASTE MANAGEMENT ACT OF 1988; PROVIDING FOR REPEAL OR RESOLUTIONS OR PARTS OR RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 1988 Session of the Florida Legislature has enacted Solid Waste Management Act (the "Act") pertaining to solid waste resource recovery and management; and WHEREAS, the Act has promulgated a statewide goal to reduce the amount of solid waste being disposed of at solid waste management facilities by at least thirty percent (30%) by 1994; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, has the responsibility and 9ower to provide for the operation of solid waste disposal facilities to meet the needs of all incorporated and unincorporated areas of the County; and WHEREAS, the City of Sebastian may not operate a solid waste disposal facility unless it can demonstrate by a preponderance of the evidence that the use of a County designated facility, when compared to alternatives proposed by the City of Sebastian, places a significantly higher and disproportionate financial burden on the citizens of the City when compared to the financial burden placed on persons residing within the County but outside of the City; and WHEREAS, Indian River County has established a curbside recycling program for Indian River County, including properties within the City of Sebastian; and WHEREAS, the City Council finds it in the best interest of the City of Sebastian to participate in the Indian River County curbside recycling program; and WHEREAS, the citizens of the City of Sebastian as well as those residing in unincorporated Indian River County would 3ointly benefit from the participation and cooperation of the City and the County in a single program. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: SECTION 1. AGREEMENT. The City of Sebastian, Indian River County, Florida, does hereby agree to enter into an Agreement with the Board of County Commissioners of Indian River County, identified as Exhibit "A" to this Resolution, and incorporated herein. SECTIO____~N 2. EXECUTION, The Mayor and City Clerk of the City of Sebastian is hereby directed to execute the Agreement described herein as agent for the Town. SECTION 3. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. 2 The foregoing Resolut i Councilman /~.~/,~./ I ion was move the VOte was as follows: ~ aha, UD°n being Dut to a ~ Mayor W.E. Con . . VOte, Vice Ma--- Yers The Mayor thereUDon declared this Resolution duly Dassed and CITy OF S''ASTI~, FLORIDA  City Cl ark IApProved as to FOrm and Content: I ~ha~ 3 This Agreement, entered into this~day of~~J~, 199~, by and between the City of Sebastian (hereinafter referred to as the CITY) and indian River County - Solid Waste Disposal District.' (hereinafter referred to as the SWDD). WHEREAS, the Statswide goal of the Solid Waste Management Act of 1988 (hereinafter referred to ae the "Act") is to reduce the amount of municipal solid waste being disposed of at solid waste management facilities by at least 30 percent by 1994; and ~IEREAS, in an effort to reach this goal the Act requires coun- ties. to develop and implement recycling programs within their Ju- risdictions to return valuable materials to productive use, to conserve energy and natural resources, and to preserve capacity at solid waste management facilities; and WHEREAS, the SWDD, in its annual budget for fiscal year 1991-92, has budgeted for contractual services for implementation of a ourbside recycling program for all single family residences lo- cated within the SWDD; and WHEREAS~ the SWDD is currently negotiating a contract with the two county franchised waste transporters to implement the curb- side recycling program by April 1, 1991; and WHEREAS, the CITY, by approve1 of its governing body, has Joined and is a part of the SWDD~ and WHEREAS, it-is intended that the our~side recycling program that is to be contracted and implemented by the SWDD, service those residences within the municipalities that have Joined and are a part of the SWDD; and WHEREAS, the CITY currently does not operate and maintain its own recycling program for single family residences; and WHEREAS, the single family residences within the CITY are as- sessed for the curbside recycling program that the SWDD intends to implement.; and ~{EREAS, it is the desire of the CITY to participate in the S#DD's curbside recycling program. Now therefore, the SWDD and. the CITY hereto mutually agree as follows: This Agreement shall be effective from the date it is filed with the Clerk of the Circuit Court of Indian River County and shall remain in effect until modified by subsequent Agreement. The Agreement may be terminated in writing by either party prior to the beginning of each fiscal year (Oc- tober 1) with sixty (60) days written notice. The SWDD shall include in its contractual services for sin- gle family residential curbside recycling, service to those single family residences located within the CITY. The CITY 'agrees to the se=vice to be provided by the SWDD and shall reasonably cooperate with the SWDD in the imple~ mentation and operation of the service. The CITY shall reasonably cooperate with the SWDD in (a) providing information necessary for completion of the SWDD's annual repOrt to FDER on recycling activities as required by Section 403.706(7) Florida Statutes and (b) developing a re- cycling program for the SWDD and the CITY. I Page 2. 5. The SWDD's and CITY's recycling programs shall also include B a public .ducation program to promot, 6. Any notice that may be extended, by one party.~.6 the other pursuant to, or as a result of, this Agreement~'shall be I tended by regular, first class, United States~mail.f,.po~gge prepaid or by hand delivery as follows: To the CITY: Robert McClary City Manager I City of Sebastian 12~5 Main Street . Sebastian, FL 32958 i To the SWDD. Ronald R. Brooks Solid Waste Disposal District 1840 25th Street Veto Beach, FL 32960 I to this Agreement unilaterally redesignate the ad- Any party may dress of or person to whom notice is to be directed by giving no- tice to all other parties hereto. I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year first above written. I ATTEST . CITY OF SEBASTIAN city q~rk / mayor BOARD OF COMMISSIONERS SOLID WASTE DISPOSAL DISTRICT ATTEST INDIAN RIVER COUNTY, FLORIDA BY: Clerk Don C. scurlock, Jr. Chairman DATE: SEBINTLO/S2a City of Sebastian 1225 Main Street o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 rn FAX (407) 589-5570 SUBJECT: ORDINANCE O-93-16 AMENDING CHAPTER 2 REGARDING CODE ENFORCEMENT Approval for Submittal By: City Manager ) Agenda Number: ~//~'~.,/~ ) ) Dept. Origin: _C..o~munity Development Date Submitted: For Agenda Of: Exhibits: 1. 2. 3. ....... 8,/26/93 9/01/93 Letter dated 6/28/93 from Steven Lulich Memo to Bruce Cooper dated 7/26/93 from Gerry Kubes, Code Enforcement Board Secretary Ordinance O-93-16 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Assistant City Attorney, Richard Torpy, has concluded his review and research on amending Chapter 2 regarding Code Enforcement and its procedures to be up-to-date with current Florida statutes. The attached ordinance highlights additional language that the attorney is requesting to be included within the City Code of Ordinances. Below are some changes within the ordinance that are of importance: 1. Section 2-179 would add two (2) alternate members to the Code Enforcement Board. Currently, the ordinance only allows for a seven (7) member board with no alternates. Section 2-191 clarifies the procedures for the Code Enforcement Board hearings. Page 2 Section 2-192 would allow a fine up to $500.00 for repeat violators. Section 2-193 extends the duration of a lien from five (5) to twenty (20) years. RECOMMENDED ACTION Move to set first reading of Ordinance O-93-16 for September 8, 1993 and set public hearing for October 13, 1993. STEVEN LULICH ATTORNEY AT LAW P.O. BOX 781390 SEBASTIAN, FL 32978-1390 SEBASTIAN: (407) 589-5500 FAX: (407) 589-8800 June 28, 1993 City of Sebastian Post Office Box 780127 Sebastian, Florida 32978-0127 Attention: Bruce Cooper Dear Bruce: I have reviewed Ordinance No. 0-93-16 pursuant to Richard Torpy's letter of 6/18/93. I find no objectional portions of the ordinance and recommended its presentment to the City upon review and acceptance of the Code Enforcement Board. SL:dj HAND DELIVERED DATE: TO: FROM: REFERENCE: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM July 26, 1993 Bruce Cooper Director of Community Development/Building Official Gerry Kubes ~ Secretary, Code Enforcement Board ordinance o-93-16 At its regular meeting of July 21, 1993, the Code Enforcement Board reviewed the above reference ordinance. A motion was made by Mr. Derobertis and seconded by Mr. Fischer to recommend to City Council to accept Ordinance O-93-16 as stated. \gk O9316.wp ORDINANCE NO. 0-93-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING, IN ITS ENTIRETY, CHAPTER 2, ARTICLE VI, DIVISION 2, OF THE CODE OF ORDINANCES, PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEFERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Sebastian employs the use of a Code Enforcement Board, pursuant to Chapter 162 of the Florida Statutes, as a method of enforcing the City's Code of Ordinances and Land Development Code; and WHEREAS, Chapter 162 of the Florida Statutes has been amended by the Florida Legislature, resulting in the need for the City's ordinance, pertaining to the Code Enforcement Board, to be amended in order to remain consistent with Chapter 162; and WHEREAS, the City Council of the City of Sebastian has further determined that the current ordinance pertaining to the Code Enforcement Board requires amendments in order to ensure that the procedure for enforcing the City's Code of Ordinances and Land Development Code is administered in accordance with principles of due processii~ii NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: section i - Chapter 2, Article VI, Division 2, of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to hereafter provide as follows: "DIVISION 2. CODE ENFORCEMENT BOARD Sec. 2-176. Created. (a) There is hereby created and established the Sebastian ~ode ~nforcement ~oard. The ~oard is created and established purs~'ant to the authority granted pursuant to the Local Government Code Enforcement Boards Act, F.S. §§ 162.01 through 162.13. (b) Those provisions of the Local Government Code Enforcement Boards Act, as set forth in F.S. §§ 162.01 through 162.13, which are not inconsistent with this division, are hereby adopted as ordinances of the i~ity. (Code 1980, S 2-91')' Sec. 2-177. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Board means the Sebastian Code Enforcement Board. Code inspector means those employees or other agents of the i~ity whose duty it is to enforce ~ity codes ~]~ to present ~ode ~iolations to the Board. :"~ ' ' :'" Code (s) means the Code of Ordinances and/or the Land Development Code of the ~lt~~~ Re,at violation means a violation of a provision of a code by a person whom the Code Enforcement Board has previously found to have violated the same provision within five years prior to the violation. Violator means the person responsible for the code violation which, in the appropriate circumstances, shall either be the perpetrator of the violation or the owner of the real property upon which the violation occurred. (Code 1980, § 2-92). Cross reference-Definitions and rules of construction :-:-:-:.:-;,:.~,i~,i,i,i~,:,~,:~.:~ $:.:::.-:-,::~:~::;~;:::~::~',',:~ ~:~, ~::: ~:!~ :::i::~;:! :~ ~ ~ ~ .~ :~:::: ~ ~ ,:: ~: ::i~ :::::::~:~ :~:i ~:i!!: ~i:' ::::::::::::::::::::::::::::: ::: :~ :~:-:::!:!:i:~: ~' :' :i::, ::. State law ref~'c~'~'~l~ ~r~l~l~ns, F.S. ~ ~62.04 (1991). Sec. 2-178. Jurisdiction. (b) The jurisdiction of the ~0de ~nforcement ~oard shall not be exclusive, but shall be concurrent with any other Board, commission, committee or administrative official charged with the Sec. 2-179. Membership; composition. The Board shall be composed of seven ~egular members!~,~?~ii~%~ ''' ''° shall consist, ~~ possible, of the;following: (1) One architect. (2) One businessman. (3) One engineer. (4) One general contractor. (5) One realtor. (6) One subcontractor. (code 198 State law reference-Similar provisions, F.S. § 162.05 (2) : ;;'".;:-" ,f-'-;:;'"":~'.-'-.;:..~' "..i:,,. Sec. 2-180. Qualifications. Each regular member appointed to the Board shall possess the following minimum qualifications: The architect and the engineer shall be registered under the laws of ~ili*i;~*i!~i~i Florida regulating the practice of architec~'~'"~ *~'ineering or shall possess similar qualifications under the laws of other states or shall have actual experience deemed by the ~ity i~ouncil to be equivalent to such registration. (2) The general contractor and the subcontractor shall possess a valid certificate of competency and occupational license, recognized and accepted under the 3 regulating the business of contracting and, where required, state registration as a contractor, or shall possess similar qualifications under the laws of other states, or shall have actual experience deemed by the ~ity ~ouncil to be equivalent to such certification. (3) The realtor shall be licensed under the laws ~i Florida, licensing real estate brokers '5~oker or salesman, or shall possess similar qualifications under the laws of other states or shall have actual experience deemed by the ~ity ~ouncil to be equivalent to such licensing. (4) The businessman shall be actively engaged in any lawful business within the ~ity, or shall be an officer or employee of a business entity holding.a current and valid occupational license issued by the ~lty. (5) Each me.m.ber shall be a resident of the ~ity. If a me, er of~ ~oard ceases to be a resident '~f the City, ~ermznaee au~omatzcally ~j~~~. (Code 1980, ~ 2-94(b)) Sec. 2-~8~. Terms of office. (a) Of the regular members initially appointed to the Board: (1) Two members shall be appointed for a term of one (2) Three members shall be appointed for a term of two years ~. (3) Two members shall be appointed for a term of three years ~. (b) After the initial appointments, .all subse~ent appointments shall be made for terms of three years i~. (c) In no event shall any individual who has served as a regular member of the ~oard for the greater of two consecutive terms or .six consecutive years be reappointed to serve another consecutive term as a regular member of the i~oard unless no other ~i~i ho ~s otherwise legally qualified fo serve as a re ular member of the: oard, has filed an a llcatlon~.==,=,' '.~=,====~:~:~ .... =~~ (Code 1980, § 2-94(c);:::':::Ord. No. 0-91-23, § 1, 9-25-91) 4 Sec. 2-182. Vacancies and reappointments. ::~ :'":':'":':':':':':':':~:':':':':':':'":':'":~*' ~~~ ~" .~:~:.:~:~:.:~:~:.:~:.~.:.:~:~:.~:.:.?.:~:..~:.:~:~:.~.~.;.:~.:.:~:~:~:~:~:..~ ~ ':'"":':'~:'~:':'":'~:':':*' ~ ~ ~~~ "~:*:':~:'~:';" ,~:,:.: .:.:,:-~.:.-.-. :,:.., :.:.~ .,. :.:.,.: ~]~:: ~ :. :. :~,:.:.,.. ,:, :,~.:: ~ ~ ::~-.- ~c' :. :. :, :~ .: .: ~,:. :. :.:.:. :.: *:~*: ~::':':':':':'"' ~ ~ :: ~ - ~~:: ~ ':':':' :. ;.:.:.:~-:.:.:. :.:.:,:.:.:.:,:. :,: ,,.,.:.:, :~.:. :.:,:,: .:.:, :.:. :.:,:,:. :, :.:. :.:, ~.:.:.:.:.., :,:, : :,.: :.:: :~ ~: ~ c~ :.: ~ ~ ~ ~$:.:.::~:~:~:~:~:~:: ~:~:~:~:~:~:~:~:~:~ ~:~:~:~:~:~:~:~:::~ ~::,:-:-~:~:~:~:~-::~:~-:-~:~ ~:~:~:~:~:~:~.:.~::-:-:-~:~:~:~:~$:$~-,,$~-'~k.~ ~:, .~,.:.. ~ ~:~:~:~::~::~:~:~::~ .,: '" :::::::::::::::::::::: ':~:~:::~::,:;:~;:::;:~k::~:::~;::::;::~ ~:~:~:~;::~ ~:; :::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~::%y,' )~ ~..,,:~ .. '~%~:. , .~:..:,~>~.'-:,..-.~:+~::.'".~::-,~ .,~t$,~'-.::.::. zfc~:::::::~, .,,::::...,..~:::~-.:.~.,c..~......::. :,: ~K~]~ ~Y me, er may be reappointed to the ~oard in accordance with ~apter 162 of the Florida Statutes~' subject to the limitations set forth in section 2-181. Appointments to fill any vacancy ~'~"~:~~ shall be for the remainder of the une~ired te~ of 6~::~=~~:] ........ ~:~::~he~ore, two months prior to the expiration of the te~ of any me, er, or in the event of any vacancy, the ~ity ~lerk shall provide the [~hairperson, the ~ity ~anager and the ~ity ~ouncil with a copy of a%l pending appli6'atio~'S for membership' on '~'he ~oard, even if the inc~ent board me,er intend to seek reap~%intment. ~enever a current or foyer board member is being considered for appointment or reappointment to the ~oard, the ~ity ~ouncil shall consider the number and nature of t6~ memorandH~ of :~onflict previously filed by such person pursuant to Florida Statute ~112.3143. (Code 1980, ~ 2-94(d); Ord. No. O-91-23, ~2, 9-25-91) State law reference-Similar provisions, F.S. ~ 162.05(3)(d), Sec. 2-183. Quorum. Four members of the Board shall constitute a quorum. (Code 1980, S 2-96) State law reference-similar provisions, F.S. § 162.05 (4) Sec. 2-184. compensation. Members of thei~oard shall serve without compensation, but may be reimbursed for such travel, mileage expenses and per diem expenses as may be authorized by the ~ity ~ouncil and approved by State law reference-Similar provisions, F.S. § 162.05(4) Sec. 2-185. Organization. (a) The Board officers shall consist of a chair~~, vice- chair~i~~ and~Such other officers as the ~oard shall de'~-'~essary. 5 (b) Officers of th~ard shall be elected by a majority vote of the membership ~iiiiiii~ii/~, .... ~'"~'~'"~':'"?~"?'"'~ ................... ~ ..................... '~'~""~'~ .............. ~" ................. ~ .................... State law reference-Similar provisions, F.S. ~ 162.05(4) ~~~ Rules an4 re~lations The ~oard may a~opt suc~ rules and re~lations~ as are not inconsistent with th~ proI~s~on~of~Chap~er 162 of:'~::~the Florida Statutes or this division~~~~%~~~3~ State law reference-Similar provisions, F.S. ~ 162.08 (1) The ~ity ;~ shall appoint a city employee to be the ~oard clerk, wh6': shaf'~:~':'~:~'~form the functions assigned to the clerk a~ set forth in this division. (Code 1980, ~ 2-99) ~9~.,.':.,.':~#~ Legal counsel. The ~ity ~ouncil shall, upon recommendation of the ~oard, appo_int a '~embe~:: of i~he Florida Bar, to represent and be counsel to the ~oard and atte~'~ all meetings. The legal counsel shall be comp~:~sated as provided by the ~ity ~ouncil. (Code 1980, ~ 2-100) State law reference-Attorneys, F.S. ~ 162 05(5)~~. ~~~ City attorney The ~ity ~ttorney shall represent the ~ty and the code ~nspector~befor~ the ~oard; shall present the '::~lty's case on all =o~al hearings; an'~ shall have prosecut~rial discretion, including, but not limited to, the right to negotiate a plea with an alleged violator and present that plea to the .~oard for approval; to reco~end the disposition of a case to the ~Oard; and to decline to prosecute a case, similar to the discretion~:~exercised cri~i~al cases. ' ................................. '" ........................ "'"'"'"' .......... ::::::::::::::::::::::::::::::: ......... (Code 1980, ~ 2-10~) State law referenae-A=~orneys, F.S. ~ 162 05(5) ~::~::~:: Enforc~ent procedures. :~'".',:,~:~:~::.:+-,.:-~:.~ ..~: .. [~: '"~:::-~::~3~ .~:.:.:$I~::~--., . %:.... . ., ~ (b) Except as provided in (d) of section, if subsection this a violation of the codes is found, the code inspector shall noti.fy,.' the alleged violator and give him reasonable time to correct ~ violation. If i~ violation continues beyond the time specif~ for correction/'~:~}~e code inspector shall notify the ~oard and request a hearing. The i~ard, through its clerical sta'-~f, shall sc~e~ule.~:, ........... a heari~.g..,.,.~ .,,~--".."~..~ic~.. ~'~':~/~f~:~:~ o~.: ~uc~ h~arin~,.,. ~. shall ':~:'~':~*":~**:~'~':~':~'~:~ion is not corrected by the time specified for correction by the code inspector, the case may be presented to the has corrected to ~oard even if the violation .been prior the ~oard hearing, and the notice of hearing shall so state. ~l:"'l~i If the code inspector has reason to believe a violation preseh~{~' a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the ~oard and request a hearing. (Code 1980, § 2-102) :'"'"::":: ;::::::~{:"' ::;::::;:i~:¢~:i C":! :::::::::::::::::::::::::::::::::::::::: =================================================' '";¢!;{;~:"'"":~;~?i .~ ;;'"*~:;"":;7" '? ? ~ ~::'"2;::'";~;~;"'.~ ::";~? ;~;i ~;i ~;i:", '~;~":(:'""?'"'?'";~;~'";;i;i Formal hearing on violations. (a) Upon request of the code inspector, or at such times as may be necessary, the chai~~ of the ~oard may call a hearing. A hearing may also be call~'*~]:::*::~itten ~tice signed by at least three members of the ~oard. ii~i)iii The ~oard ~i.e.'~ii~ii~ii,~!i!~i~i,~i~,~'.~i~ii!~!~e~.n..'~'.e..' shall not~f~.~i in writi~'~i~ii the al:~eged ~:~{;~`~:~::~:~.~:;;`~:~:::`:~:~:~:~;:~;:~;:~;~:~::~:;~:~:~;~..~.ce of the hea~"'~ng. Such notice shall be ........ ~~ to ' . ., ~ ......... the alleged violator ~ ~ach case before the ~oard shall be presented by the ~ity ~ttor~'~f ~~~~~ ~ers of the administrative s~aff ~ne ~y ~z necessary. ~:~ ..:....~;~;~:~. ::~:~ ...... ~:::~g~ ~' -~.~ ....... ....~....:~. -.:: ~.-.-..:~.~.::......-...-..-.~:~.~:~ .................... ~. ::....-...~.. ................ ~.~: ~,::~ ................. ~;~ ............................. ~, ......... ~ .................. *** ..................... ,,. :~-. ~$~ ...... ~,, ~~ ......... : .................. . .......... ~ ....... *** ......... . ............... : ..................... ,...:, ...................... , ............... ,:, ........................ ****:::.:. ............... ,~., ............ ,~*~ The ~oard shall hear the cases on the agenda for that da ".:;:::::;:*;':-;::::is'" *" ~.,.,:~,:,'.~:.,:.;.;<::.. ~.,8,~2.:.:...-.., .... ;....:-..,-.-,.,., ,...:.....:~%t:;.....: . ,:~........: .... :.....'~....... .' ~;*:-:. ';' ' '~::;." :~x..,; 22: --;-- - .~,:. .... .~----~~:~ ~%, ,-*", .'.'..',', :','..s<,,~,-/ .%x.:,~.:,:.:.:~e .,, .~:~<::~*~s:.~:,- ~ ~?~.; :~...~ ::.:,.-.-,-.~.,~ ~:,,.~:~/,~;f~'.:' :~,:.:-~ '" ~ ' .~ .>.:.;, .~:,~.:;.c~ ~};"~.'. ~{~}~ ..... ~- ' ,.:::~:::-k~-~...c':'a':: ~ ~:,.~ ~}~.... ,~ ~';~_',~ ,.~, ~: -* ,.,. ,~ ~:~:~k:.:.~..~~~{~ '.'  ........ ~"-,. *,:"-"*. '~ ................ . , ..... . .~ ~. · , .+ . .. ,~:.. .,..,.-. .... ~..., ........ ~..... ~... ,.,.,* ,.,.-.,...,+. + ....,,.....:....,....... .............. ...,.%,.,~.,........,,....,..~ .............. ....~.,,,,,....-.,.-.-.-.-.-.-.... ~,.a.~ :-. ;~.....%.,...---~:.;..?; ........ ...~.......,. ......... .:; .......... .;..;- .............. . .--,- .~% .... -'::.;; ..... ........,....;.-,?:..:....;':/.----%.. .................. ;.: ...'.'..;' ............. :.': 8~:':~]:]~J Each party to the hearing shall have the right to: 1. Call and examine witnesses; 2. Introduce ~iiii~~}~ exhibits; 3. Cross-examine opposing witnesses; ~ '~:: ; .. .... :¥:: : ;; :: ::;:. , ..:.: . . : , . .;. ;,~. : . ,:;: ..... ,..... ,:~::.-......~.....,,..,.,.-....::.:~.,,.,, ..:;.-...:;:~.-.....;..,.,:...,~. ......... ~'* ~* '" * '""-'-'-'.'.'. ".'.'.'*.'- ~* '**'. ' *. ~ .... · ~ '-:~.:, *' .x.~l,:..-..~:;-;~:~'*~ .::l;;::;~*;;;::;;;;~:~::~,~+....;:~:;;:$~:~;~;~S~.,x~~ ~--.~., ,~-~¥:.,.~'-.~.~-r ~'' ''~ '"'~?~'~..~..~ ............ ~'~'"~--.~ ...... ~ ..... ~ ..................... ~ ~ ~" ............................................................ ~ ~- ~*''~ ..... ~ ................................ ~ ~,.,~ ......... ~.....~, .......... ~. ~,-.~..: .......... . ....... ,..,.,,....~ ................... .. ~., ..-: ................... ~ ........................ 8 ~ If the ~oard believes that a violation presents a serious threaf'""~o the public health, safety or welfare, the ~oard may request the ~ity ~ttorney to seek appropriate relief in t~:e name of the ~ity frO'~ th~':' ~',,,~~~ ~ circuit court. (cod~' Z9~O, S 2-~0'~'7''~'''''~ ....................................................................................................................................... 9 ~S~i~i~i~I~i:: Duration of lien ..... i":'~l/~i~.},' 'i::i:::' 'i'.',~??".i!i~i~",?:::::~:':::?::~::~'::',:':":*:~; ' .:,:::::i:;:'"',>,~?:~:~::: "~ ~.:"' ~,~":,'-',' '. ~. "~:"-',::~>~:.~::.~.' ~.~:. ~:~?:?:::,-,::::~:?::~::,--'::',--:~ ;~,::.:~:~ ~:~ ~::::, ~::;::::::::::::::::::::::::::::::::::::::::::: "?"-".--' ,-'",',' .,..; ---'-:':-'-.:-'--:-'-'-'-'-'--~::' ',' '.',:"-',':,',','::::: "' ::.::,',:>-'?:--'--,,',',',', ~ ~'---,;:,'".",:.::.:,:~;~:-'-:,:'-~:~x :,x~.~...,",s ~.-""" :- '"':~::~: ::~:~:::::..~:: :::-'-'-: ~ ~ ~ -','. [0 The ~oard shall have the authority to_ subpoena .... alleged violators-~nd witnesses to its hearings. The ~ity, the ~oard or the alleged violator may request that witnes.&'~s and re6'0rds be subpoena....e.,~ to any emergency or formal hearing. Subpoenas shall be served ~iiii~i!'~i~i~~iiiiiiii!~i~i~i~. The chair~!~ of the ~oard shall provide"'"'"~{~'"'"'"~'~'~'~'"'""'~'i'~'~'"'"~'~"~th sufficienf'"';°:'"~°~"~'"~:~'~d and bl'~nk witness subpoenas to ::::~e provided to alleged violators and the ~ity ~ttorney for the purpose of subpoenaing witnesses and records.' ..... The'":';'alleged violator shal~,., pay to the ~it....y,,~ a fee of $12.00~ f~.r,. ~,~ch subpoena State law reference-F.S. 162.08(2)(3) Obstructing Inspector. 11 Whoever opposes, obstructs or resists a code inspector in the discharge of any ~ provided in this division, upon conviction, shall be guilty o~'~'~'~'~"~"~misdemeanor of the second degree, punishable Section 2. CONFLICTS. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section...3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 4. BEVERABILiTY. In the event a court of competent jurisdiction shall hold or determine that any part of this ordinance is invalid or unconstitutional, the remaining provisions of this ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. The foregoing ordinance Was moved for adoption by Council- member The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this ordinance duly passed and adopted this day of , 1993. CITY OF SEBASTIAN, FLORIDA By: Lonnie R. Powell, Mayor 12 ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this ordinance at 7:00 p.m. on the day of , 1993, and the following said public hear~his ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and content: Charles Ian Nash, City Attorney 13 City of Sebastian 1225 Main Street u SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: PROPOSED LAND USE AND ZONING AMENDMENTS REGARDING RIVERFRONT ZONING Approval for Submittal By: City Manager 32958 ) Agenda Number: ....~,.Q,.- /O'.O' ) ) Dept. Origin: Community D~velopment Date Submitted: For Agenda Of: Exhibits: 1. 2. 3. 4. 8/26/93 9/01/93 Agenda Cover Sheet regarding Riverfront Action Plan Memo from Bruce Cooper dated 12/18/92 Minutes from City Council meeting of January 6, 1993 Map of affected area EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT HISTORY: At its regular meeting of January 6, 1993, the City Council approved the 1993 Plan of Action for the riverfront project and authorized staff to secure the necessary information for Council. Part 5 of the Plan of Action was to amend the Land Development Code to provide more flexibility in the riverfront district. Included in the proposed revisions would be to allow more marine use in the Commercial zoning designations and to allow more General Commercial zoning throughout the district. LOCATION: Enclosed is a map detailing the area that the City would be pursuing to have its land use and zoning amended to the new Riverfront Commercial zoning district. This proposed amendment would not affect any of the properties on the east side of Indian River Drive. INTENT OF RC ZONING: In the past, the City has recognized that the proposed amendment areas are too restrictive with its present zoning for present and future development. The RC zoning will allow the majority of uses allowed within the Commercial General zoning (excluding plant nurseries, secondhand merchandising, vehicular services and maintenance and vehicular sales and service) and in addition, will allow marine commercial activities and Page 2 waterfront general activities. Currently, marine commercial and waterfront general activities are only allowed within the GMC and MCR zoning districts which are exclusively on the east side of Indian River Drive. Since there are limited amounts of lands along the east side of Indian River Drive, this would restrict these type of uses being developed. ADDITIONAL USES WITHIN THE RC DISTRICT: The City Council may wish to include residential uses, at least a single-family residence within the new zoning district. This would allow some flexibility with the development to allow both commercial and a residence within the zoning distract. If the City Council is inclined to go along with the proposed amendment, the Council should direct the City Attorney to draft the necessary ordinances to amend the Comprehensive Plan Land Use Map and create the new zoning district. The amendment to the Comprehensive Plan would have to be submitted to the Department compliance. of Community Affairs for their review and determination of I RECOMMENDED A.CTION Move to direct the City Attorney to prepare the necessary ordinances implement the new Riverfront Commercial zoning district and land amendment. to! use I I City of Sebastian POST OFFICE BOx 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 City Manager SUBJECT= Riverfront Action Plan ) Approved for Submittal By= EXPENDITURE Agend. Mo. ) ) Dept. of Origin= City Manager (RBM) ) ) Date 8ubmltted 12/18/92 ) For Agenda Of: 01/06/93 ) ) Exhibits: McClary Report Dated, ) ~2/~8/~2 - E=Xis Memo Dated, - EeXis ~ette= ?o 8ohum Date~ 03/[8/92 - Coope= Memo Dated~ [2/[8/92 APPROPRIATION REQUIRED: BUDGETED= REQUIRED: STATEMENT We are pleased to present a following plan of action for implementing provisions of the "vision of the Riverfront," as directed by City Council. The 1993 Plan of Action calls for a five (5) point plan utilizing current fiscal year budget allocations. Essentially, the plan would address improvements to Indian River Drive, park improvements, the U. S. #1 median improvement project, relocating the Chamber of Commerce to the 1959 City Hall Building, and revisions to the Land Development Code, including rezoning certain areas of the riverfront area. A more detailed report is attached for your perusal and discussion at the upcoming Workshop Meeting. I ask City Council to review each of the five (5) items and direct staff accordingly. RECOMMENDED ACTION Move to accept the 1993 Plan of Action Dated, December 18, 1992 and: 1. authorize and direct staff to initiate improvements for Indian River Drive, 2. authorize and direct staff to initiate park improvements. 3. authorize and direct staff to implement U. S. #1 median improvements, 4. authorize the City Manager to negotiate with the Chamber of Commerce and 5. authorize and direct the City Attorney to prepare ordinances for rezoning and amendments to the Land Development Code. ~ VISION OF THE RIVERFRONT 1993 PLAN OF ~CTION Prepared by Robert S. McClary December 18, 1992 Introduction The "Vision Of The Riverfront" report was prepared by a blue ribbon citizens committee and contained a bold program to preserve and enhance the City of Sebastian Riverfront area. The City can begin implementing this plan in 1993 by the following five point approach and by utilizing existing budget allocations. The City, through cooperation with Indian River County and the private utility companies serving our municipality, could greatly improve Indian River Drive by constructing pedestrian and bicycle ways and undergrounding utilities, could implement park improvements, work with FDOT on the US #1 Median Improvement Project, negotiate with the Chamber of Commerce to vacate the existing property and relocate the Chamber into a new "Welcome Center" utilizing the 1959 City Hall Building and by enacting more flexible zoning and land development codes. I. Indian River Drive Begin construction of boardwalk (east side) Begin construction of bicycle path (west side) Place existing overhead utilities underground Install "Theme" lighting Close existing open drainage ditches Remove Australian pine stumps Coordinate drainage with US #1 Median Project Renovate existing pavement II. Park Improvements Implement Stevenson Park improvements Development improvement plan for Riverview Park North Construct Yacht Club Improvements (Pier & Dock) III. US #1 Median Improvement Project Engage landscape architect Coordinate landscaping improvements with FDOT IV. Chamber of Commerce Location a. Revise LDC to provide flexibility with land uses Relocate Chamber of Cqmmerce to 1959 City Hall Building Raze existing Chamber of Commerce Building Land Development Code f. Australian Pines Stumps Indian River County would be requested to remove the remaining Australian Pine stumps within the right-of-way. g. Impact of US %1 Drainage Project We should ask the County to coordinate their improvements to Indian River Drive with FDOT and the proposed US #1 Median Improvement Project. The FDOT project calls for replacement of some culverts under Indian River Drive. h. Renovate Pavement Generally, Indian River Drive is in good condition and there are no obvious major failure areas. However, the driving surface needs to be renovated. II Park Improvements a. Stevenson Park The FY-93 Budget allocates $35,000 for improvements to the Stevenson tract, which is situated due east of Riverview Park and Riverview Park North. The plans call for a boardwalk along the water's edge, a parking lot, and landscaping improvements. The City should specify and bid these improvements. b. Riverview Park North The 2.2 acre tract known as Riverview Park North needs to be carefully planned. The City should engage an engineer to do the necessary site planning with consideration of closing a portion of Fellsmere Road which would allow the new and existing parks to be connected together as one. c. Yacht Club improvement The FY-93 Budget allocates $65,000 for improvements to the Sebastia cht Club These improvements consist primarily of extending %~ ' pier, constructing a breakwater, existing finger and redecking the existing 350 foot fishing pier. The Boating Improvement Fund ("BIF"), administered through Indian River County, is. providing $40,000 in funding. IIi US 91 Median Project a. Landscape Architect The City has agreed to engage a landscape architect to design the landscaping improvements within the US #1 medians. At our request, the FDOT has agreed to modify the type of curbs to a type "F" (six inch straight back curb) which will allow trees within the medians. b. FDOT has asked the city to develop a landscaping plan. FDOT has agreed to fund landscaping improvements within the medians~ including pavement blocks, irrigation, trees, shrubbery, grass, etc. c. The City will be responsible for the maintenance of the landscaping improvements. IV Chamber of Commerce Location - a. Relocate Chamber of Commerce I propose to enter into an agreement with the Chamber of Commerce requesting that the Chamber occupy the 1959 City Hall Building located at US #1 and Main Street. This building should be a "welcome center" with sufficient space set aside for displays by the Historical Society, local art clubs, and Chamber of Commerce activities. b. Raze Existing Building existing Chamber of Commerce Building has little The long term benefit and, in my judgment, it would be most desirable to raze the building to provide a panoramic view of the river at this focal point in the center of the Riverfront area. V Land Development Code a. Update Code . . The Community Development Director' and Planning & Zoning Commission are current%y working on updates.to th~ Land Development Code which would provide much more flexibility in the Riverfront district. Included in the proposed revisions would be to allow more marine use in the commercial zoning designations and to allow more general commercial zoning throughout the district. DATE: TO: FROM: REFERENCE: City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5.330 ~ FAX (407) 589-5570 MEMORANDUM December 18, 1992 Robert S. McClary City Manager Bruce Cooper ~~ Director of Community Developmen ' Visions of the Riverfront In order to implement Phase V of your plan of action for the i riverfront regarding the Land Development Code, the City Council should direct the City Attorney ~o draft t~o ordinances changing the land use and rezonxng of certain properties between Indian River Drive and U.S. #1 to a more compatible and flexible district, such as Commercial General. At the same time, the City Attorney should be requested to draft a separate ordinance to amend the Commercial General zoning district to include the following uses: 1. Waterfront or marine related specialty shops, 2. Boat rental, 3. Marine para-sails and service, 4. Bait and tackle shops, 5. Fish markets, 6. Boat repair & services, 7. Commercial wet or dry storage and boat sails. My department has prepared the mailing list of all property owners and abutters involved in the rezoning, in order to comply with the public hearing notice requirements. Please advise if I can be of further assistance regarding this matter. BC/gk voriver.doc I I I CITY LIMITS -- ...... MARINA ,.~"~'~,.' '--- "- (#1732 INDIAN RIVER DRIVE) !,//~/ ~,//'/'---~- ~ FIRE STA'nON (#~64o u.s. ~) I 8 EDWARDS MARINA (#1606 INDIAN RIVER DRIVE) TOWNSHIP 30S TOWNSI41P 51S SECllON 51 SECTION 6 MUSEUM CL J.S. POST CG COR SCHOOL PARK ~iER OF COMMERCE (#1302 U,S, ~) ,,--.I'EEN CENTER J (#700 MAIN STREET) ?.,---- MARINA (#~109 RM A~ I i ? 8 I 10 CITY LIMITS INDIAN RIVER COUNTY RM-8 Ii--[E V~L~J~ (~A S~'~T I~! II I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: PARK POLICY /roved For Submittal By: City Manager / Agenda Number: ~,~,-~ ~ Dept. Origin: Community Development~,~ Date Submitted: 08/26/93 (BC~ For Agenda Of: 09/01/93 Exhibits: 1. Current policy and suggested policy for City parks. 2. Memo from T. Smith of 8/20/93 3. Memo from E. Petty of 8/17/93 4. Memo from B. Cooper of 8/12/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its meeting of May 26, 1993, City Council directed staff to review our policy regarding the usage of City parks and bring the matter back to City Council at a workshop. Attached is a summary of the regulations as outlined in the Code of Ordinances. Staff has also provided a list of suggested conditions to be added to our park policy. These conditions have been created from input provided by the Chief of Police, the Director of Public Works and the Director of Community Development. City Council should be aware that the continued increase in frequency of these requests for park usage does have an impact on the Public Works Department. Please refer to the memo from Tim Smith. Review park policy. RECOMMENDED ACTION CURRENT RESTRICTIONS IN CODE OF ORDINANCES 1. Hours of park use: 1/2 hour before sunrise to 10:00 p.m. Creative Playground: sunrise to sunset. 2. No animals permitted in park. 3. No alcohol unless approved by City Council. 4. No vehicles in park except in approved parking areas.. w 10. 11. SUGGESTED PARK RESTRICTIONS Hours of park use: 1/2 hour before sunrise to 10:00 p.m. Creative Playground: sunrise to sunset. Parks without lighting: sunrise to dusk. No animals permitted in park. No alcoholic beverages permitted within the park. No vehicles in park except in approved parking areas. (However, hot dog wagons, vans that vendors sell from, etc. have been allowed in the past. Also the antique car display would not be permitted.) $100.00 Security Deposit should be higher.) (Po]ice Chief suggests this Applicant to provide sufficient waste receptacles and clean up after event. Ail displays must be clear of the sidewalks and entrance ways. The sale of premanufactured items is prohibited. are to be handmade by members of organization. should be responsible for enforcement?) Goods (Who Applicant must contact the Health Department regarding the sale of food. Applicant must coordinate with the Police Department for traffic control and off-duty police security, if it is a large event. This expense to be paid by the applicant. Approval of request, does not grant exclusive use of the park. m ADDITIONAL RESTRICTIONS REGARDING CARNIVALS AT RIVERSIDE PARK NORTH Option 1 Park to be maintained in its original condition. Provide security and traffic control by hiring off-duty police officers, at the applicant's expense. The number should be decided by the Police Chief. Provide police department with names and Social Security numbers of all carnival employees. Request for any street closings that may be required. Provide sufficient waste receptacl'es and clean up both during and after the event. Temporary dumpsters are to be provided. Provide adequate sanitary facilities. Provide insurance. (City Attorney and Finance Director should decide on the amount of insurance.) 8. Additional security deposit. (Amount must be determined.) Option 2 1. Prohibit all types of carnivals. . i I i City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMORANDUM DATE: TO: FROM: August 20, 1993~), Daniel C. Eckisk~ City Engineer/Public Works Director Tim gm-[ %h Acting Assistant Public Works Director RE: SpecJn] Events at Rivervtew Park and the impact on Public Works Department and Parks Department I had a meet~.ng with Mark this morning and we sat and discussed some of the things that Public Works and Parks does for the special events. In preparation sometimes we handle signage, cones and barricades for traffic control depending on the event and the size of it. We generally street sweep the parking areas on the north and south sides of Riverview Park. We supply them with extra garbage cans. We generally hose and clean the pavillions before an event. Sometimes we are required to supply bleachers and stages depending on the event. We generally check all the lights, we check the plumbing to make sure everything is working like it is suppose to so the bathrooms don't go out of service during the event. Sometimes for big events like carnivals, we pump out the septic tank for the bathrooms in the park itself. For cleanup it usually takes the Parks Department an average of two guys, iwo days or roughly 32 hours of clean up time. We return the garbage cans, return the cones, return the barricades, if we have had bleachers and stages they get returned. Public Works usually handles the barricades, bleachers and stages. Parks department makes sure the garbage cans get emptied and they pick up trash off the ground. As far as preparation for the grounds are concerned, we really don't do anything over and above our basic grounds maintenance, we do get in with weedeaters and try to cleanup around the p~villions. Pickup all the debris like palm fonds. But, basically our groundskeeping is pretty standard. cc: Bruce Cooper spec.doc SEBASTL4 POLICE DE.P .A.R... TMENT MEMORANDUM Posl Office Box 71~0127 Sebastian, FL 32978-0127 (407) 589-5233 Date : To : Fr~n : Subject : August 17, 1993 '~..: ... .<-~> Bruce Cooper, Director of Community DeveX~nt:',.,~')~ Earle Petty, Chief of PolicO ' Park Policy After reviewing your memorandum dated August 12, 1993, on park policy, I would make the following recommendations: CURRENT POLICY Parks without lighting should close at dusk. SUGGESTED PARK POLICY Security deposit is too low. No vehicles within the park, what about the hot dog wagons, vans that vendors sell from, etc. Also antique car displays? Who makes the determination on the pre- manufacture of an item? Applicant must coordinate with Chief of Police for traffic control and off-duty police security if it's a large event. TO be paid for by the applicant. ADDITIONAL CONDITIONS REGARDING CARNIVALS Looks good, no additional comments. EP/pp Cio; of SebaStiat 1225 Main Stl;oo.l: ~ RI]IIA..q'IIAN. II..()IIII)A '~ELEPI--IONE (407) 589-533U ~ FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: August 12, 1993 Earle Petty, Police Chief Dan Eckis, City Engineer Marilyn Swichkow, Finance Director Bruce Cooper Director of Community Development, Park Policy AS directed by City Council, staff has been preparing a policy list regarding the use of our parks. Enclosed is an outline of the current policy within the Code of Ordinances and suggested park policy requirements for the use of Riverview Park. These conditions for the park policy do include the comments from both Earle and Dan. As you are aware, our parks have been used in the past for carnivals, food festivals, arts and crafts shows, art shows, car shows and various other special events. Now that we have proposed conditions to use the park for special events, I would request that all department heads outline in a memorandum, what impacts their department will have if the park is continued to be used in the same fashion on a more frequent basis. I would like to put this matter on the workshop meeting of September 1, 1993 so if you can please respond back to me by August 25th, it would be. greatly appreciated. Thank you. BC/gk park.wp cc: Kay O'Halloran, Acting City Manager City of Sebastian 1225 Main Street u SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: REPORT REGARDING OLD CHURCH ON BOB CIRCLE Approval for Submittal By: 32958 ) Dept. Origin: Communit~._Development ) ) Date Submitted: 8/25/93 ) For Agenda Of: 9/01~.93 ) ) Exhibits: ) ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Section 26-34 states, "(a) The City Building Official shall have authority to make inspection of any buildings or structures and shall report to the City Council, or as directed by the City Council, any buildings or structures that constitute a menace to business, health or safety of the inhabitants of the City; or any buildings or structures that constitute a fire hazard or which are unsightly or dilapidated. (b) The City Council shall have the power to designate by proper resolution the removal or abatement of any building or structure that constitutes a menace to the business, health or safety of the inhabitants of the City, or any building or structure that constitutes a fire hazard or which is unsightly or dilapidated". The intent of this agenda item is to have the City Council authorize staff to start enforcement proceedings regarding the old church on Bob Circle and to require the owner to either repair or demolish the structure. In order to give City Council some history regarding this property, below is a list of events in chronological order: I July 18, building was posted a by On 1987 the with notice of determination myself that the structure was unsafe for occupancy and shall not be entered without written notice from the Building Official. i Page 2 On June 30, 1989 a letter was sent to Rev. Mathews declaring the structure was unsafe for the following reasons: Inadequate sanitary facilities. Electrical service and wiring does not meet the National Electrical Code. Foundation, flooring and ceiling are unstable and presents a danger to occupants. September 25, 1989 a letter was sent to Mr. Lawson advising that this department had determined that the church structure had lost its non- comforming rights. It was our opinion at the time that the structure was beyond normal repair and maintenance and any rebuilding of the structure would require total compliance under todays existing codes. On October 17, 1989 The Faith Baptist Church Mission filed an appeal with the City of Sebastian regarding my determination. On October 27, 1989 the City received a detailed report from John Dean, Architect and Randy Mosby, Engineer. On November 27, 1989 I sent a letter to Mr. Lawson advising him that after reviewing the detailed report from Mr. Dean and Mr. Mosby that this office concluded that the structure could be repaired as allowed under Section 20A- 9.7(C) which requires normal repairs and maintenance of a non-conforming structure. Since that time, there has been various attempts from Juanita Hunnicutt to try to attempt to obtain financing or other efforts to have the structure repaired in order to allow occupancy. As of this date, there has been no contractor, or detailed construction drawings prepared and submitted to this office for a building permit. After a recent inspection of this property and reviewing older pictures of this structure, the building continues to deteriorate without any repair. It is my opinion that this structure is in need of repair in order to preserve the existing roof structure, siding and foundation. I am concerned regarding the deterioration of the foundation in certain areas that would tend to leave this structure vulnerable to the high winds of a hurricane that would uplift the structure due to its inadequate foundation. RECOMMENDED ACTION Move to authorize staff to initiate enforcement proceedings to have the church either repaired or removed. ! i City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Sebastian Area Soccer) Association request ) use BSSC and ) Concession Stand ) ) Approved for Submittal By: City Manager Agenda No. Dept. Origin Date Submitted ENG / P~ 08-25-93 For Agenda of 09-01-93 Exhibits: Richter memo dated 8-24-93, Callahan letter dated 8-24-93, Richter letter undated Richter letter of 8-23-93 Cooper letter dated 9-15-92 McClary letter dated 6-10-92 Page 3 and 4 of Little League Lease regarding the Concession Stand EXPENDITURE REQUIRED: NONE AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Cory Richter, Vice President of SASA has requested the use of the Barber Street Sports Complex to hold their Saturday soccer games. There will not be soccer practice allowed on the fields during the week. Last year the City granted the Association use of the outfields of the little and senior league baseball fields and the concession stand. Our experience with them was positive and they did not cause any damage to the fields. It was their responsibility to line the soccer fields and set portable Pvc goals for their games. There was no conflict with other groups wanting to use the baseball fields. If the request is approved, the Association will be responsible for the same terms and conditions as outlined in the City's lease agreement, with the Sebastian River Area Little League for the use of the Concession stand, Waste and cleaning responsibilies. Because there is no consideration paid for the use of the facilities, the City would reserve the right to rescind their approval upon notice. Staff fells that the Association consisting of volunteers are providing a great service to the community for Sebastian's youth and would encourage the continuance of the program. RECOMMENDED ACTION Move to approve the request by the Sebastian Area Soccer Association for the use of the Barber Street Sports Complex and Concession Stand contingent upon approval by the Little League Association to use their equipment and posting a 1.0 million dollar liability insurance policy naming the City as Co-insured. IVe 'o Beach / Indian River County I Recreation Department 17:25 - l'/th Avenue i Veto Beach, Florida 32960 (407) ~7.2144 r ' TO..Cory Richter, Vice--President SAgA I buena FROH. Patricia CalLahan, Zudian River P~ji 3. W#k*m Veto Beach Recreation Department IMmag~ of ~su~s ~: s~et ~eI~ -- ~t Street -- tea~ue to attached (407) T/0-18:S4 Pax DATE: AsS. 24, 1993 My conversation with Larry Vickers did include equipment and paint supplies co line. four soccer fields, however, hOC all manpower. My understanding was thac SASA would get the Sebastian city engineer co lay out the fields and that the Indian River County/Veto Beach Recreation Department would try to offer Cliff Hoose to help SAgA with the lining every other week, After talking with you, last year it took Tom Mead, Larry Rouse and Cliff Hoose to do the Job. In talking with Larry Vl~kers, it was my understanding ~he manpower was Just Cliff Hoose. The bottom line is Chat the Indian River County/ Veto Beach Recreation Department will offer Cliff's services in lining the fields, but you will have co supply the additional manpower. You are doing a great Job and I am vailing Co help, but supplies, equipment and one man every other week is about the limit on this request. IRlvc, r~d~ Racquet Club 3~i) Dahlia Lane (407) 231-4787 A SMILE IS A GIFT YOU CAIV GIV~ ~VI~RY DAY Vero Beach / Indian River CoUnty Recreation Department 172S - 17th Avenue Veto Beach, Florida 32960 (407) S67-2144 (407) 778-7496 Fax Patrlda A. CMlahm Director Pqt J. Wllke~ Mtmaser o( 44O5 N. AiA Community 2266 14~ A~ ~ A~ R~ (~) ~2~9 Bedtimes & WfKar 5mf~/ 4405 N. AIA Michael Serlo (407) 234-8375 GifTord l~rk 4680 43rd Court Lart7 Stale! Kiwanb. Hobart Park Robs#o, FL Tom Mead Su~emisor (407) ~89-t~39 RiveeMde Ra~q~ Club 3~0 Dahlia L~ne (407) 231-4787 &ug. 24, 1993 · ay O'Hallorma, CtL~Mammger Sebastian City Ball Dear ~ay, Pursuant to our conversation this morning regarding. the Sebastian Area Soccer Association (SASA), I submit this information. SASA is doing an excellent Job of organizing and offering soccer to the North County youths. The Indian River County/Vero Beach Recreation Depart- ment is working with SASA with some field preparation and with field marking supplies ~ SASA is now a nonprofit status organization very much like the Sebastian Little League. SASA does not.need to be coordinated and sanctioned through Indian River County Recreation. IRC/VB Recreation viii continue to support programs in all the county and aid where we are needed with necessary financial constraints as this budget year yields. You can be proud of SASA and all the volunteers that promote activities [or your.area youth. Looking forward to meeting you soon. Sincerely, Patrtcia Callahan Director of Recreation Indian Rlver County/Veto Beach PC/p1 ~O'd A .Sllfll.~ I$ ,4 GIFT EO'cl SEBASTIAN AREA SOCCER ASSOCIATION b85 HELICON TERRACE SEBASTIAN, FLORIDA 3~q58 Mrs. Pat Callahan City of Veto Beach Director of Recreation 17~5 I?th Ave Veto Beach, Florida 3~qbO Dear Pkt: As per your conversation Thursday August 19 1~g3 with Mr. Larry Vickers it is my understanding that City o~ Veto Beach-Recreation Dept is willing to supply the man-power, equipment and paint supplies to line ~ soccer fields for the 1993 season. On October 30,19~2 IRSA - Sebastian Area Division officially became Sebastian Area Soccer Association. Last year we fielded 1~3 players on 11 teams. This year we are proud to announce registrations grew to 17~ players on 17 teams. During the 199~ season the games were held at Barber Street Sports Complex as well as Sebastian Elementary. Under the direction of Tom Mead these fields were lined approximately every two weeks depending on the City's lawn maintenance schedule. It is my understanding that it took ~ or 3 days to prepare (measure and line) these fields for the first time. The 1~3 season is scheduled to begin on September 18 and to conclude on November ~. All games are to be played at Barber Street Complex utilizing ~ fields. If you Lave any questions please feel free to contact Larry Vickers at 5~-00~5 or myself at 388-~3~1. On behalf of Sebastian Area Soccer Association I thank you in advance for your anticipated support. Sincerely yours, Cory Richter Vice President SASA Sebastian Soccer Association &85 Helicon Terrace Sebastian, Fl. 3~958 August 23, 1~93 Ms. Kay O'Halloran City of Sebastian Acting City Manager 1~5 Main Street Sebastian, ~l 3~958 Dear Ms. O'Halloran As per our conversation this date, please accept this letter as a formal request for the use of Barber Street Complex fields , Restrooms and Concession Stand. As discussed, it is my hope to have these facilities available for use by the Sebastian Soccer League from September 11 through November As you may know, on October 30 199~ a small group a Sebastian parents created and received official recognition as Sebastian Area Soccer Association. In the 1992 season we played as a division'of Indian River Soccer and fielded 1~3 players on 11 teams. This year ~e are proud to announce registration to date have e~ceeded 175 players fielding 17 teams in 5 age divisions. Due to the overwhelming response of Sebastian youths we anticipate the need fo~ use o~ ~ fields at Barber Street Complex.. As agreed in the prior year, the Soccer League ~ill be responsible for the maintenance and upkeep during our season. If you have any questions, please feel free to contact me at 388-93~1. Thank you, Sebastian P4-ea Soccer Association C ¥ Richter V P~esident CR/jcr City of Sebastian POST OFFICE BO;( 780127 a SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589,5330 September 1§, i992 FAX 407-589-5570 Mr. Cory Rich Sebastian Soccer Association Vice President RE: Barber Street Sports Complex Concession Stand Dear Cory: This is in response to your request to use the. Barber Street Sports Complex Concession Stand during the 92 fall season of You have requested to use the Sebastian Soccer Association. the facility between 8:30 A.M. & 12:00 P.M. on Saturdays from September 16th thru November 14th. Please note that your request has been granted sub. Ject to the same terms and conditions as outlined in the City s lease agreement with the Sebastian River Area Little League Inc. conditions are enumerated in Paragraph 6 (b) Those ~_.e~f=.e~h~ ~ and Paragraph 8 (b) ~j~ and ParaEraph (c) [i~~. Since there is no consideration paid for the use of these facilities we reserve the right to rescind this approval upon notice. FOr your information, I have enclosed copies of the above cited provisions of the City's contract with the Sebastian River Area Little LeaEue, Inc., which would apply to you as well. We do bequire that no duplicate keys be made without our w.ritten consent and that all keys be returned ex?tess prior to the Engineer s office upon vacation of the premises, if you have any questions or need any additinal information, please do not hesitate to contact me at my office. Acting ciey Manager BC/lk Enclosure CC: Daniel C. Eckis, P.E. soccer.doc City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 55g-E3~0 o FAX (407) 589-5570 June 10,1992 Mr. Tom Mead North County Parks & Recreation Coordinator 1725 17th Avenue Veto Beach, F1 32960 Re= Soccer i Dear Tom= Thank you ~or meeting with me on June 2, 1992 to discuss the I possibilities of a youth soccer program for North County residents. I had previously met with Hr. & Mrs. Ricky Sweeney and other interested parents on May 14th to discuss a soccer program and how i such a program could be established utilizing City of Sebastian facilities. The purpose of this letter is to summarize those two meetings. .. It has been the policy of the City to furnish recreational facilities which are, in turn, programmed by North County Recreation. We have done this for years with the tumbling and aerobics programs conducted at the Sebastian Community Center, the Adult and "over 55" softball programs at the Barber Street Sports Complex, youth "tee" ball at Barber Street, and many others. It would be consistent with past practice and City policy if a youth soccer association were formed to use City owned facilities provided that the activities were coordinated and sanctioned through North County Recreation. Currently, the City does not have a soccer field although one is planned for the Barber Street Sports Complex. Since soccer and Panthers Football play during the same season, the Schumann Football Field field would not be available for soccer. Fields 3 & 4 at the Barber Street Sports Complex would be available under certain conditions, as we discussed. The fields would not withstand continuous practice but games would be permitted on field number 3 for the younger children (6 years or younger) and field number 4 (the current softball field), could be'available for games · for the older children. Through your offic'e, we would make available the concession building and restrooms. As with other programs, the City will maintain the field~ but will not do any preparation work such as setting goal posts or lining the fields. We will, of course, work with you in any reasonable way which does ~,0 · d June 10, 1992 Soccer I not impose an undue burden on the City's limited maintenance personnel. Additionally, the programs must be non-discriminatory and any fees must be uniform and not discriminate on the basis of I residency within the county (e.g. non-city residents cannot pay a higher fee than in-city residents and vice versa). Further, the i program which is proposed is recreational and not competitive. In summary, I see no reason why a youth soccer program along the iabove guidelines would not be established. The City will endeavor to work with North County Recreation in any way possible to provide facilities, provided the use of those facilities does not impair other established programs. We look forward to working with you on Ithis project; I Sincerely, Robert S. McClary City Manager I i cc: bonnie Powe11, Mayor & Sebastian City Council Mr. & Mrs. Ricky Sweeney Daniel C. Eckis, P.E., City Engineer Mrs. Joan Brock, Sebastian Little League i RSM/sg ~L~'d right se and enjoy tho Leased Promises, provided, however, that the Tenant shall have tho non-exclusive right to use the rest teems, switch room, end all c~on areas, including, ~t not by way of limitation, She parking Asr, 8pocea~oF areas and bleachers. (bi till or~Ro£rooluuen~ B~&ndt ?ho Tenant agrees that the refreshment atand/~a~t ~6om'buiidih~ to be opera,ed by the Leased Premises will nee be operated in such a manner as to constitute a nuisance or a hazard and ~ha~ In connection with the opera~lon o~ such facility, tho ~onant w~l~ observe and c~ply alA applicable laws, ordinances, orders and regulations prescribed by ~awful authority havAng ~utlsdictlon over such fac~l~y operated tn tho Leased Pt~se8. I~ fat any reason aha Tenons lo unable to obtain, or anco obtaSn~ ia unable to c0ntinuo to hold, tho applicable govor~nta~ licenses or permies alAow~ng It to operaee the faf ten.ne stand, or if the ~enafle shall, for any reason, cease opera,lng tho rofroabon~ stand, then, tho L~dlotd oha~l have the rtghe to ro~ake ~uoess~on of ~ho rofros~on~ g~and/ FOStto~ ~lld~ng and to undertake Its operation or, to an agto~one MAth · third party ~whoreby ouch third party shall operate the tofrea~ont stand. Thereafter, tho Tenant shall have no further right or lntoroee In tho refreshens stand/rostto~ bu~lding. (~) Uso as Rootoat~onal Faci~A~y~, The ~onant agrees tha~ the Leasod"pr~'bes Shall b~"be0d b~t~o Tenant solely as a tecreae~onal facility tar St, m~bera and ~ost.. ~ho Tenane agrees that the Leased Promises 8hal~ nee bo us~ for any other purpose. permit the(d) Posses!lan elld U!o of AAcohoil ?he ?onant shall not i possesSl~h bt ~ae 6f~ at'~bhOi:on the Leased Premises. 7. Utilities: ?ho Landlord shall be responsible for electricity, wa~, san/tory end storm sower. Tho ?anent shall be I responsible for Janitor service and any other utility or service consumed in connection #1th tho occupancy of the Leased Premises by the Tenant. I 8. Affirmative Cownants of ?on-qtt The Tenant covenants and agrees that it wlli #lthout~an~d"~ i (a) Preparation of Fieldsl Assume responsibility for and undertake ah~ efid~i~ ~pa~S~lofiS and efforts required to bo performed on the Loosed Premises .in order that it may be used as i a playing field for tho game of baseball, including, but not by way of limitation, lining, dragging, and raking of batter boxes, ba~e lines and warning tracks, Furthermore, it shall be tho Tenant s I responsibility to furnish all eqUll~ent necessary to play baseball; p~ovided, however, that the Landlord shall, upon tho commencement of this Lease, furnish two sets of bases, including pitching I rubbers, and shall replace said items on a yearly basis, as needed, 3 when the necessity o~' such replacement is due to ordinary ~eat and tea=. I (c) ~ Eeep the Leased Premises and all improvement, e~oc-iEEi'd---Ehoreon in a clean end orderly state. including, but not by way of limitation, ali field, and adjacent I spectator area., the announcers' stand, and scoreboard., the "dugout- area. of each field, the refreshment .tend. and tho re.,room.. Tenant'. obligation to clean shell include the duty to collect and deposit all tra.h end garbage into the containers I on Leased Premise, for this purpose. The Tenant's located the responsibilities under this Paragraph 8 (c) .hall al.o include the duty to .upply tho rest rooms with toilet paper and all other I neco..ary sanitary items. The Tenant shall permit tho Landlord', duly authorized agents to enter upon the Leased Promises and tho building, end improvements thereon erected at any rea.enable time, end ,re, time to time, for thopurpose of in.per,lng and appraising i the .ams. The Tenant shall comply with all reasonable orders, regulations, rules and requirement, of every kind end nature relating to the cleaning or ordorliflo., of the pr.mi..., now or I hereafter In effect, of the federal, State, municipal or other governmental authoritie, having power to enact, adopt, lmpo.e or require tho same, whether they be usual or -ns.ual. ordinary or extraordinary, or to change, or requirement, incident thereto, or i as the result of any use or occupation thereof or otherwi.e, and tile Tenant shall a all costs and expenses incidental to such compliance, and $~a~l defend, indemnify and save her. les. tho I Landlord from all expense, and damages by reason of any notice., order., violation, or penalties filed against or imposed upon the Leased Premi.es or agoln.t the Landlord as owner thereof, because I of the failure of the Tenant to comply with this covenant. In the event of the failure of tho ?chant promptly to perform tim covenant, of this Paragraph 8(c). the Landlord may go upon the I Premi.e. and perform such covenant,, the cost thereof, at Ceased the Sole option of the Landlord. to be charged to the Tenant as additions! and delinquent rent. p ..eat. Leased Pr.mi,.. without the advance i written consent of tho Landlord. P~ovidod. however, that ,hi. provision shall not be deemed'to prevent the Tenant from performing 4 I (b) conduct its u.e of tho Leased Premises in Was,et such e manner a8~ to bsa nui.ance, and shell, not allow any noxious odors or vapors to bo emitted from the Leased Premises. I Use of explosives, field, able and/or cotrosivo agents and other like material. I. not approved unless authorized by tho Landlord in advance. Any cleaning agent e~paratu, will bo in.tailed and vented to the out.ida at tho ?often, · co., and only if installation is i approved in writing in advance by the Landlord. The Tenant .hall not engage in activities that waste tho Leased Premises. City of Sebastian I POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 AGENDA FORM SUBJECT: Police Pension Board of Trustees - Fill Position Vacated by Larry Napier APPROVED FOR SUBMITTAL BY: City Manager:-~('~ EXPENDITURE Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: City ~ 8/26/93 9/1/93 Napier Resignation Section 58-51 Code Member List AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: SUMMARy STA~ The City Council, at its August 11, 1993 Regular Meeting, directed staff to contact Larry Napier to ascertain whether he wished to remain a member of the Police Pension Board of Trustees. This office received a resignation from Mr. Napier on August 26, 1993. City Council is now charged with filling the position with a member whose only requirement is that he/she is a legal resident of the City. Attorney Greg Gore, Chairman of the Police Pension Board of Trustees, made the agenda request for August 11, 1993 and will attend this workshop to address City Council. As I stated in my previous transmittal, the term for this position expires in October of this year. RECOMMENDED ACTION Deliberate and appoint a member to the Police Pension Board of Trustees. I wish to continue as a member of the Police Pension Board Trustees I do not wish to continue~ as, a member of the Police. Pension of Larry N~Pier '- I I I i I I I § 58-50 SEBASTIAN CODE Co) State contributions. Any moneys received by reason of the laws of the state for the purpose of funding and paying for retirement benefits for the police officers of the city shall be deposited to the fund within five days of receipt. (c) City contr~utions. So long as the system is in effect, the city shall make quarterly contributions to the fund in an amount equal to the balance of the total cost for any year which shall be the total normal cost plus any additional amount required to amortize the unfunded actuarial accrued liability over a 40-year period. (d) Other. Donations, gifts and contributions from sources other than the city may be deposited to the fund. Such deposits, at the discretion of the board, may be accounted for separately and kept on a segregated bookkeeping basis. (Code 1980, § 2-124; Ord. No. 0-92-03, § 7, 3-11-92) Sec. 58.51. Board of t~mtees. (a) Adminiz~n vested in board; membership. The sole and exclusive administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this article are hereby vested in a board of trustees which shall be designated as the plan admires' trater for the system. The board shall consist of five persons as follows: Two legal residents of the city who shall be appointed by the council to serve for a period of two years unless sooner replaced by the city council. An appointed member may succeed himself; (2) Two employee members of the police department to be elected as provided in this section; and (3) A fifth member, elected by the other four members of the board, to be appointed by the city council as a ministerial duty, for a two.year term. Such fifth member shall be allowed to succeed himself in office for additional two-year terms if reelected. (b) Term~ of office. The regular term of office of each elected or appointed trustee shall be for two years. Each employee trustee may succeed himself if reelected as provided in this section. (c) Election of employee trustees. Employee trustees shall be elected in the following manner: ' the police officer elected members shall be elected by a majority vote of all actively employed members of their police department at places designated by the board. All qualified members entitled to vote shall be notified in person or by written notice ten days in advance of the election. The two candidates from the police department who receive the highest number of votes for office shall be declared elected and shall take office immediately upon commencement of the term of office for which elected or as soon thereafter as they shall qualify. An election shall be held not more than 30 days and not less than ten days prior to the commencement of the term for which a trustee is to be elected. The board shall establish and administer the nominating and election procedure for each election. CD58:14 LAW ENFORCEMENT § 58-51 (d) Organization. The board shall elect from among its members a chairman, vice. chairman and secretary within ten days after a new trustee is elected or appointed. (e) Vacancies. Ifa vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously t'filed. (f) Compensation; expenses. The trustees shall serve without compensation, but they may be reimbursed from the fund for all necessary expenses which they may actually expend through service on the board. (g) Votes; quorum. Each trustee shall be entitled to one vote on the board. A quorum shall consist of at least three members and three aff'~mative votes shall be necessary for a decision by the trustees at any meeting of the board. The chairman shall have the right to one vote only. Trustees may not cast proxy votes. (h) Rules and regulations. Subject to the limitations of this article, the board shall, from time to time, establish uniform rules and regulations for the administration of the fund created by this article and for tr~-~o~ions of its business, including previsions for expulsion due to nonattendance of its elected members which could result in a vacancy. (i) Support services; legal counsel. The board shall engage such actuarial, accounting, legal and other services as shall be required to transact the business of the retirement system. The compensation of all persons engag~ by the board and all other expenses of the beard necessary for the operation of the retirement system shall be paid by the fund at such rates and in such amounts as the board shall agree. Funds may be distributed by a disbursing agent as determined by the board, but only upon written authorization by the board. The city attorney shall give advice to the board in all matters pertaining to their duties in the administration of the system whenever requested; and he shall represent and defend the beard as its attorney in all suits and actions at law or in equity that may be brought against the board and bring all suits and actions on behalf of the board that may be required or determined upon by the board. However, if the board so elects, it may employ independent legal counsel at the expense of the system for the purposes contained in this ~ection, together with such other professional, technical or other advisors as the board deems necessary. (j) Removal of trustees. Any elected or appointed trustee who neglects the duties of his office, as determined by the board, may be removed by four concurring votes among the board. (k) Minutes. For all acts and determinations of the board, the secretary shall prepare minutes. (1) Duties and responsibilities. The duties and responsibilities of the board shall include, but not necessarily be limited to, the following. (1) Construe the provisions of the system and determine all questions arising thereunder. [2) Determine all questions relating to eligibility for benefits under the system. (3) Determine and certify the amount of all retirement allowances or other benefits under the system. CD58:15 § SEBASTIAN CODE (4) Establish uniform rules and procedures to'be followed for administrative purposes, benefit applications ~nd all matters required to administer the system. (5} Distribute to the members annually pertinent f'mancial information concerning the system. (6) Receive and process all applications for participation and benefits. (7) Authorize all payments whatsoever from the fund, and notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through oper- ation of the system and fund. (8) Have actuarial studies and actuarial valuations performed and make recommenda- tions regarding any and all changes in the previsions of the system. (9) Make the final determination of a member's el/g/bflity for the disability benefits previded in this article. (10) Perform such other duties as are specified in this article. (m) A~//t~. The board shall furnish to the city auditor such available investment and actuarial information regarding the system as shall be requested. At its option, the board may select the city's independent auditor for purposes of preparing an independent audit of the system, prov/ded the audi~r meets the requirements of F.S. ch. 185. (Code 1980, § 2-125) Sec. 58-52. l~es and fund mana~ment. (a) All of the contributions and assets whatsoever attributable to the system shall be deposited to the fund. (b) The actual custody and supervision of the fund and assets thereof shall be vested in the board. Payments of benefits and disbursements from the fund may be made by the disbursing agent but only upon written authorization from the board. (c) The board shall be required to appoint a national or state bank with trust powers for the purpose of serving ~s custodian of the fund, and all assets of the fund shall be promptly and continually deposited therewith. In order to fulfill its,investment responsibilities as set forth in this article, the board shall bo required to retain the services of the custodian bank, an investment advisor registered under investment Advisory Act of 1940, an insurance company, or a combination of these, for purposes of investment decisions and management. Such invest- ment manager shall have full discretion in the investment of assets subject to limitation of this agreement and any guidelines as prescribed by the board. (d) All funds and securities of the system may be commingled in the fund, previded that accurate records are maintained at all times reflecting the financial composition of the fund, including accurate current accounts and entries regarding the following. (1) Receipts and disbursements of the fund. CD58:16 NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL AREAS OF 7/1/93 AND WILL BE REVISED AT THE BEGINNING OF EACH MONTH POLICE RETIREMENT BOARD OF TRUSTEES 2 YEAR TERMS Two Members Appointed ~X city Council APPOINTED: 10/89 TERM TO EXPIRE: 10/91 REPLACED CARSWELL: 2/91 UNEXPIRED TERM TO EXPIRE: 10/91 (REAPPOINTMENT LATE) RF2tPPOINTED: 1/92 TERM TO EXPIRE: 10/93 NAPIER RESIGNED 5/93 POSITION OPEN GREGORY GORE (CHAIRMAN) APPOINTED: 10/89 TERM TO EXPIRE: 10/91 (REAPPOiNTMENT LATE) REAPPOINTED: 1/92 TERM TO EXPIRE: 10/93 ~ Members ApPointed bv ~ ~ SENIOR SERGEANT EUGENE EWERT APPOINTED: 10/89 (VICE CHAIRMAN) TERM TO EXPIRE: 10/91 (CONFIRMATION LATE): 1/92 TERM TO EXPIRE: 10/93 CAPTAIN DAVID PUSCHER APPOINTED: 10/89 TERM TO EXPIRE: 10/91 (CONFIRMATION LATE): 1/92 TERM TO EXPIRE: 10/93 one ~ ADDointed bv Board and Confirmed b~ City Council eH~-eHARB~$-R~NeBBS APPOINTED: 10/89 TERM TO EXPIRE: 10/91 RESIGNED: 9/90 CHIEF EARL PETTY APPOINTED TO UNEXPIRED TERM: 10/90 TERM TO EXPIRE: 10/91 (REAPPOINTMENT LATE) RF2%PPOINTED: 4/92 TERM TO EXPIRE: 10/93 93