HomeMy WebLinkAbout09271995I
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE 589-5330 [] FAX 589-5570
(407)
(407)
AGENDA
SEBASTiAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 27, 1995
7:00 P.M. OR SOON THEREAFTER
(FOLLOWING 6:30 P.M. BOARD OF ADJUSTMENT)
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-95-33)
1. CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION - Father Thomas Otto, St. Sebastian Catholic Church
ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONSi
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
6. PROCLAMATIONS AND/OR. ANNOUNCEMENTS
95.089
PGS 1-4
95.115
PGS 5-19
PUBLIC HEARING. FINAL ACTION
The normal order of business forpublic hearings (R-95-33) is as follows:
Mayor Opens Hearing
Attorney Reads Ordinance or Resolution
Staff Presentation
Public Input
Staff Summation
Mayor Closes Hearing
Council A ction
Please note: Anyone wishing to speak is asked to go to the podium and
state his/her name and address for the record prior to addressing City
Council.
ORDINANCE NO. 0-95-25 - Consenting to Imposition of Special
Assessments by Indian River County (City Manager Transmittal
9/21/95, 0-95-25)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
CONSENTING TO THE IMPOSITION OF SPECIAL ASSESSMENTS
AND OR THE INCLUSION OF ALL OF ITS INCORPORATED AREAS
WITHIN ONE OR MORE MUNICIPAL SERViCE BENEFIT UNITS
CREATED BY INDIAN RIVER COUNTY TO PROVIDE WATER OR
WASTEWATER FACILITIES, SERViCES OR PROGRAMS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
ORDINANCE NO. O-95-21 - Temporary Use Permit (Director of
Community Development Transmittal 9/20/95, 0-95-21, R-95-36,
R-95-54)
Ist Public Hearing, 2nd Public Hearing Scheduled for I 0/11/95
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE TO PROVIDE FOR TEMPORARY USE PERMITS; PROVIDING
DEFINITIONS; ESTABLISHTNG CRITERIA FOR ISSUANCE OF
TEMPORARY USE PERMITS; ESTABLISHING APPLICATION
PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION', PROViDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
95.158
PGS 21-24
o
ORDINANCE NO. 0-95-24 - Changing Permitted Use in CG
Zoning - Temporary Use Permits (Director of Community
Development Transmittal 9/21/95, 0-95-24)
1st Public Hearing, 2nd Public Hearing Scheduled for 10/11/95
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
3.10.B OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE
OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
FLORIDA, TO PERMIT COMMERCIAL AMUSEMENTS
(TEMPORARY) IN THE GENERAL COMMERCIAL (CG) ZONING
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be
enacted by one motio~ 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.
PGS 25-56 A.
95.138 B.
PGS 57-62
Approval of Minutes - 9/7/95 Special Meeting, 9/13/95 Regular
Meeting
RESOLUTION NO. R-95-57 - Skydive Sebastian Special Use
Penuit (Director of Community Development Transmittal 9/20/95,
R-95-57)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT; FINDING
THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY,
HEALTH AND WELFARE AND IS CONSISTENT WITH THE
PURPOSE AND INTENT OF THE AIRPORT AND INDUSTRIAL
FACILITIES DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
95.159
PGS 63-66
95.160
PGS 67-69
95.161
PGS 71-72
95.162
PGS 73-76
10.
11.
95.124
PGS 77-94
12.
95.O98
PGS 95-98
95.163
PGS 99-113
Co
Approve Expenses for Mayor Firtion - Attendance at Advanced
Institute for Elected Officials - Boca Raton - 10/13/95 & 10/14/95
(City Clerk Transmittal 9/21/95, Conference Info)
Sebastian River Area Chamber of Commerce - Santa Sail-In/Wrater
Wonderland - Riverview Park - Use of Park and Electricity 11/22/95
through 1/14/95 - Events from 12/8/95 through 12/24/95 (City
Manager Transmittal 9/18/95, SRACC Letter 8/25/95)
Pelican Island Art Group - Art Shows - Riverview Park - 11/11/95,
11/12/95, 2/10/96, 2/11/96, 3/16/96, 3/17/96 - Standard Conditions
(Director of Community Development Transmittal 9/19/95, Searfoss
Letter 9/13/95)
Fraternal Order of Police - Sebastian Lodge 139 - Community Center
- 11/11/95 - 7 pm to 11 pm ~ Dance - Admission Fee and AfB
Requests - Security Pd - Joseph Scarpa Permittee (DOB 4/48) (City
Clerk Transmittal 8/21/95, Excerpt of R-94-50, Application)
PRESENTATIO]bTS - None
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
Ao
Amended Golf Professional Services Agreement - Patrick Cerjan
(City Manager Transmittal 9/19/95, Agreement)
NEW BUSINESS
A°
Craven, Thompson & Associates, Inc. - Approve Supplemental
Agreement No. 5 (City Manager Transmittal dated 9/8/95,
Supplemental Agreement No. 5)
FDOT Standard instrument Approach Procedures (SIAP) (City
Manager Transmittal 9/21/95, Van Antwerp Memo 9/19/95, FDOT
Letter 9/11/95)
4
95.083 C.
PGS 115-126
ORDINANCE NO. 0-95-26 - C-512 Landscaping (Director of
Commtmity Development Transmittal 9/21/95, 0-95-26, P & Z
Memo 3/17/95, 4/26/95 Minutes Excerpt)
1st Reading, Set Public Hearing 10/25/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
3.8(A)d(8) OF THE CITY OF SEBASTIAN LAND DEVELOPMENT
CODE TO AMEND THE REAR YARD LANDSCAPE
REQUIREMENTS; TO PROVIDE SUFFICIENT SCREENING FROM
THE ZONING DISTRICTS; TO MAKE CORRECTIONS IN THE LAND
DEVELOPMENT CODE; PROViDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS
ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY
OF SEBASTIAN, FLORIDA; PROVIDING A SEVERABiLITY CLAUSE;
PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
95.041 D.
PGS 127-146
RESOLUTION NO. R-95-56 - FDOT Joint Participation Agreement
Airport Runway 4-22 Reconstruction/Overlay (City Manager
Transmittal 9/18/95, R-95-56, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST A JOINT PARTICIPATION
AGREEMENT (GRANT) WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR RECONSTRUCTION
AND OVERLAY OF SEBASTIAN MUNICIPAL AIRPORT RUNWAY 4-
22 IN THE AMOUNT OF $475,200.00; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
95.164/ E. RESOLUTION NO. R-95-58 - Brian E. Barry Airport Lease (City
94.208 Manager Transmittal, R-95-58, Lease)
PGS 147-176
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AIRPORT
LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND
BRIAN E. BARRY; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWiTH; PROVIDING
FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTiVE DATE.
13.
INTRODUCTION OF NEW BUSINESS FROM TFIE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
14. CITY COUNCIL MATTERS
A. Mrs. Louise Cartwright
B. Mrs. Norma Damp
C. Mr. Raymond Halloran
D. Mayor Arthur Firtion
15.
16.
E. Vice Mayor Carolyn Corem
CITY ATTORNEY MATTERS ~ °~W'-~ '-' Z ~'' ~
CITY MANAGER MATTERS
17. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE B Y THE CITY COUNCIL WITH RESPECT TO
ANY MAITER CONSIDERED AT THIS MEET1NG (OR HEARING) WILL NEED A RECORD OF THE
PROCEED1NGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEED. INGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WiTH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A
SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT
589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
I
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT:
Ordinance No. O-95-25
Conseming to Imposition of
Special Assessment by IRC
AGENDA NO:
DEPT. ORIGIN:
DATE SUBMITTED:
APPROVED FOR SUBMITTAL:
City Manager'
MEETING DATE:
EXHIBITS:
9/27/95
0-95~25
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
Under the provisions of the "Agreement" with Indian River County for the sale and
transfer of the utility system, we agreed to enact the appropriate legislation in the form of
an ordinance that provides for the assessment system within the City. The attached
proposed Ordinance No. O-95-25 completes this requirement.
RECOMMENDED ACTION
Adopt Ordinance No. O-95-25.
ORDINANCE NO. 95- ~-.
AN ORDINANCE OF THE CITY OF SEBASTIAN,
FLORIDA, CONSENTING TO THE IMPOSITION OF
SPECIAL ASSESSMENTS AND OR THE INCLUSION OF
ALL OF ITS INCORPORATED AREAS WITHIN ONE OR
MORE MUNICIP~ SERVICE BENEFIT UNITS C~EATED
BY INDIAN RIVER COUNTY TO PROVIDE W~TER OR
WASTEW~TER FACILITIES, SERVICES OR PROGRAMS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA=
SECTION 1.01. FINDINGS. It is hereby ascertained,
determined, and declared that:
(A) Section 125.01(1) (q), Florida Statutes, provides
legislative authorization for the governing body of a county to
establish a municipal service benefit unit for all or any part of
the unincorporated area within its boundaries, or within the
municipal boundaries of an incorporated area upon consent of the
governing body of the affected municipality, within which may be
provided water or wastewater facilities, services or programs, and
other related essential facilities and municipal services.
(B) The Board of County Commissioners of Indian River County,
Florida (the "County") and the City Council of the City of
Sebastian (the "city") have entered into an interlocal agreement
providing for the transfer of the City's water and wastewater
utility system to the County which authorizes the County to provide
such services within the incorporated areas of the city. This
ordinance shall be construed as authorizing the County to establish
a municipal service benefit unit and or to impose and collect water
C-1
and wastewater assessments within the incorporated area of the
City.
(C) The City Council of the City of Sebastian has determined
that the creation of a municipal service benefit unit and or the
imposition of special assessments for the purpose of providing
water and wastewater services, facilities and programs is in the
best interests of the owners of property within the corporate
limits of the City.
SECTION 1.02. CONSENT OP THE CITY OF SEBASTIAN. The City
Council of the City of Sebastian hereby consents to the inclusion
of all of the incorporated area of the City within one or more
municipal service benefit units created by the County to provide
water and wastewater services, facilities, and programs and or to
the imposition of a special assessment for such purposes. Such
consent shall become effective upon adoption of this Ordinance and
transfer of the City's water and wastewater utility system to the
County pursuant to interlocal agreement. The city Council finds
that such provision of water and wastewater services, facilities
and programs is an essential municipal purpose.
SECTION 1.03. SEVERABILITY. The provisions of this ordinance
are severable; and if any section, subsection, sentence, clause or
provision is held invalid by any court of competent jurisdiction,
the remaining provisions of this Ordinance shall not be affected
thereby.
SECTION 1.04. EFFECTIVE DATE. This Ordinance shall take
effect as provided by law.
C-2
DULY ENACTED this day of . .., 1995.
(SEAL)
CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor
Clerk
C-3
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: PUBLIC HEARING ON
ORDINANCE 0-95-21 REGARDING
TEMPORARY USE PERMITS
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Development
Date Submitted: 9/20/95 (B~
For Agenda Of:
Exhibits:
1.
2.
3.
9/27/95
Ordinance 0-95-21
Resolution R-95-36
Resolution R-95-54
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At a special meeting on June 21, 1995, City Council adopted Resolution
R-95-36 establishing a policy for issuance of temporary use permits with a
ninety day expiration date, and directed staff to come back with an
ordinance establishing a permanent policy. At the regular meeting of
September, 13, 1995, City Council approved the first reading of Ordinance
0-95-21 along with corrections and set the first public hearing for
September 27, 1995. Resolution R-95-54 was also approved to extend the
interim policy (R-95-36) for an additional 30 days.
Ordinance 0-95-21, with corrections, is attached for your review.
RECOMMENDED ACTION
Hold first public hearing on Ordinance 0-95-21.
set for October 1t, 1995.
Second public hearing is
ORDINANCE 0-95-21
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, AMENDING THE
LAND DEVELOPMENT CODE TO PROVIDE FOR
TEMPORARY USE PERMITS; PROVIDING
DEFINITIONS; ESTABLISHING CRITERIA FOR
ISSUANCE OF TEMPORARY USE PERMITS;
ESTABLISHING APPLICATION PROCEDURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian has received various
requests for temporary use permits; and
WHEREAS, the City of Sebastian has adopted Resolution
R-95-36 establishing a temporary use permit policy which will
expire September 19, 1995 and which has been extended 30 days
by Resolution R-95-54; and
WHEREAS, the City Council deems it to be in the best
interests of the health, safety, and general welfare of the
community to regulate these types of uses by establishing a
policy in the City of Sebastian Land Development Code for
issuance of temporary use permits.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CiTY OF SEBASTIAN, FLORIDA, THAT:
SECTION 1. DEFINITIONS. The following words and
phrases, when used in this article, shall have the meanings
respectively ascribed in them in this section:
Host Site: The parcel of land upon which the temporary use
or special event is conducted.
Temporary Use: A use established for a fixed period of time
with the intent to discontinue such use upon expiration of
the time period.
Transient Merchant: Any person or business entity that
gages in the temporary sale of any merchandise not within
an enclosed structure· The following will not be considered
to be transient merchants:
Any merchants within enclosed structures who
temporarily display their merchandise outside
of the structure on their premises provided
the display does not delete any required parking.
Any merchants who have received site plan
approval from the Planning and Zoning
Commission who make no use of the site other than
that approved by the Commission.
Special Events: The temporary use of facilities, parking
areas, and other open space for a special event by owner,
non-owner, religious organizations, recreational/
entertainment or local civic organizations. Special events
may include circuses, carnivals, festivals, fairs, special
exhibitions, concerts, church revivals and other similar
activities.
SECTION 2. CRITERIA. A temporary use shall be allowed
for transient merchants and special events upon issuance of a
Temporary Use Permit by the City Manager or his designee,
based upon compliance with all applicable regulations of this
chapter and other City regulations.
A Temporary Use Permit will be issued if the following
requirements and standards are met:
The activity must be a permitted or conditional use
within the zoning district.
Only temporary pavilions may be erected and
utilized for the operation. Ail facilities used
shall be self-contained and mobile or portable. No
mobile homes or trailers that exceed 200 sq. feet in
area may be utilized. All temporary facilities
designed to be occupied by the public must be
inspected by the Fire Department after installation,
and prior to occupancy.
No utility connection shall be permitted except for
temporary electrical power which must be approved by
the Building Department.
Prior to the issuance of any permit, a cash bond in
the amount of $200 shall be submitted to the City.
Within seven (7) days after a temporary use permit
expiration, all items related to the operation or
2
event shall be removed from the site. The City may
use the entire amount of submitted funds to pay for
disposal of all related items remaining on the site
seven (7) days after permit expiration. Upon
vacating and cleaning up a site, an applicant may
request, in writing, to the Community Development
Department
for return of the submitted funds.
Permit applicants will be refunded the submitted
cash bond amount if:
1) the City has not used the funds under the
conditions described above; and
2) the site is inspected by the City, it is
verified that the site has been cleaned up,
and all temporary use items have been
removed.
In cases where the City has used the $200 cash bond
for site cleanup, no subsequent temporary use
permits shall be issued to the same applicant
whose vacated operation caused cash bond default
and resultant clean-up by the City.
5 Holders of temporary use permits for an activity
shall not be required to obtain an occupational
license for that activity.
6 No temporary use shall operate within a public
right-of-way. No operation within an easement shall
be permitted unless specifically allowed by all
parties having interest in such easement.
7. Unimproved lots within industrial or commercial
districts may be utilized if, in the opinion of the
City Manager and his support staff, the temporary
use will not be detrimental to the health, safety
and general welfare of the public.
8 A maximum of 30% of the required parking stalls of
the host site may be utilized by the temporary use.
This percentage may be increased based on
satisfactory documentation indicating additional
parking
and/or transportation needs have been
provided for the total impact of the proposed event.
9 Food concessions may be permitted as accessory to
the temporary use. The applicant must obtain a
temporary license from the Department of Business
Regulations for the proposed concession facilities.
10.
11.
12.
13.
Temporary toilet facilities may be required by the
applicant depending on location and size of the
event. Amount will be determined by the Building
Official based on estimation of attendance of the
event.
Applicant must provide, at his own expense,
additional and/or special crowd control and security
if determined necessary by the Police Chief based on
the size of the event.
Activities or special events for which a Temporary
Use Permit has been obtained shall not be counted
toward the three events maximum per year as provided
in Section 20A-15.5(F)l.
Prior to City Manager review, approval must be
obtained from the Police Chief and the Director of
Community Development. Approval or denial shall be
based on items 1 throUgh 12 above and consideration
shall be reviewed on the total magnitude of impact
that may be detrimental to the health, safety and
general welfare of the community.
SECTION 3. TIME LIMITS. Transient merchants of any
seasonal sales merchandise such as Christmas tree and
firework sales or other similar uses shall be in operation
not more than forty-five (45) consecutive days per sale/event
on any given site.
Transient merchants of any non-seasonal sales merchandise
shall be in operation not more than ten (10) consecutive days
per sale/event on any given site.
Special events and special vehicle and boat sale events shall
be in operation not more than seven (7) consecutive days per
sale/event on any given site.
SECTION 4. APPLICATION. Temporary Use Permits shall be
obtained by furnishing a completed application for such
permit to the Community Development Department. The
following information as applicable shall be provided:
Application to be made by the owner or lessee of the
host site.
Location of site and the specific location for the
requested use.
10.
11.
12.
13.
Beginning and ending dates of the event.
Hours of operation of the event.
Name of individual in charge of the event.
After hours emergency phone number for person
responsible for event.
A drawing showing dimensions or existing site plan
for the host site including location and dimensions
of all existing driveways, entrances, exits, and
parking spaces.
A drawing depicting location and dimensions of all
temporary pavilions, displays areas, sanitary
facilities, and concessions for the temporary use.
Indicate how parking and traffic flow will be
directed on to and within the event site.
Estimation of maximum peak hour attendance of the
event to determine sanitary needs, parking and
traffic impact.
If existing parking spaces of a permanent use (such
as a shopping plaza) are to be utilized by patrons
and employees of the temporary use event,
calculations shall be submitted demonstrating that
the event will not utilize more than 30% of the
required parking stalls of the existing host site.
If usage does exceed 30%, documentation indicating
additional parking and/or transportation
arrangements must be provided for the total impact
of the proposed event.
Location and dimensions of all signs to be used.
Ail applications must be made on the form prescribed
by the City Manager and submitted no later than 30
days prior to the scheduled event. The application
fee shall be $25.00 and the permit fee shall be
$100.00.
A copy of the application and all supporting documents will
be forwarded to the Police Chief by the Director of Community
Development for review and comments. All comments and
recommendations will then be attached to the application and
forwarded to the City Manager or his designee for approval or
denial.
5
The application, with all the supporting documents, will be
reviewed by the City Manager, or his designee. Pursuant to
Section 2, Item 4, if approved by the City Manager, applicant
will post the $200 cash bond prior to the issuance of the
Temporary Use Permit. If denied, applicant will be notified,
along with the reasons for denial. The Police Department and
the Fire Department will be notified of all approved requests
for temporary use permits.
SECTION 5. SIGNS. Ail signs being utilized on site
must conform to the City sign regulations as outlined in the
Land Development Code, and must be removed upon expiration of
the Temporary Use Permit or upon vacation of the site.
SECTION 6. CONFLICTS. Ail other Ordinances or parts of
Ordinances, Resolutions or parts of Resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 7. CODIFICATION. It is the intention of the
City Council of the City of Sebastian, Florida, that the
provisions of this Ordinance shall become and be made a part
of the Land Development Code of the city of Sebastian,
Florida, and that the sections of this Ordinance may be
renumbered, relettered, and the word "ordinance" may be
changed to "Section", "Article", or such other word or phase
in order to accomplish such intention.
SECTION 8. SEVERABILiTY, If any clause, section, or
other part or application of this Ordinance shall be held by
any Court of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part or application
shall be considered as eliminated, in no way affecting the
validity of the remaining portions or applications, which
6
shall remain in full force and effect.
SECTION 9. EFFECTIVE DATE.
effective immediately.
This Ordinance shall become
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA,
ON FIRST READING, THIS DAY OF , 1995.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF
SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS
DAY OF , 1995.
The foregoing Ordina-nce was moved for adoption by
Councilmember . The motion was
seconded by Councilmember
being put into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
The Mayor thereupon declared this Ordinance duly passed
and adopted this day of , 1995.
and, upon
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
7
RESOLUTION NO. R-95-3.6.
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING A TEMPORARY USE
PERMIT (TUP) POLICY; ESTABLISHING CRiTERIA FOR
ISSUANCE OF TEMPORARY USE PERMITS; PROVIDING FOR AN
APPLICATION FEE AND PERMIT FEE; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian has received various requests for temporary use
permits; and
WHEREAS, the City of Sebastian does not have an established policy for issuance
of temporary use permits; and
WHEREAS; the City Council deems it to be in the best interest of the City to
regulate these types of uses by establishing a policy for issuance of temporary use permits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T/J[E
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
TEMPORARY USE PERMITS.
The temporary use of facilities, parking areas, and other open space by non-owner,
transient merchants, religious organizations, recreational or local civic orgamzations is
authorized only after obtaining a Temporary Use Permit (TUP) from the City Manager or his
designee, and subject to the following restrictions.
(1) Application for a TUP shall be made by the owner or lessee of the host site.
(2)
The application shall include the following:
(a) Location of the site and the specific location for the requested use.
(b) Type of activity.
(c) Beginning and ending dates, hours of operation and name of
individual in charge.
(d) Number of food or beverage concession stands and copies of
perm/ts from Indian River County and the State of Florida, if
required.
(e) All temporary signs must cmfform to the City of Sebastian sign
regulations.
(f) No activities or operations are to be conducted on or within public
street or drainage right-of-way.
(g) A maximum of 20% of the required parking stalls of the host site
may be utilized for the activity or event.
(h) No permanent structures may be utilized. Only temporary
pavilions, mobile or portable facilities may be utilized. Any mobile
homes or trailers may not exceed 200 square feet in area.
(i) -No utility connection shall be permitted except for temporary
electrical power approved by the Building Department.
(j) All events shall have a duration of fourteen (14) or fewer
consecutive days.
(k) Within seven (7) days of temporary use permit expiration, all items
related to ~ansient merchant operation shall be removed from the
site.
All applications must be made on the form prescribed by the City Manager and
submitted ten (10) days prior to the scheduled event. The application fee shall be
$25.00 and the permit fee shall be $100. A copy of the approved request shall be
provided to the Police. Department and Fh'e Department by the City Manager.
2
SECTION 2. CONFLICT. Ail resolutions or parts of resolutions in conflict
herewith are hereby repealed.
~S~_C._T..LO_N_~. SEVERABILITY. In tl~e event a court of competent jurisdiction
shall hold or determine that any part of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council would have enacted the
remainder of this ResolutiOn without such invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
EFFECTIVE DATE. Tiffs Policy Resolution shall take effect
immediately upon its adoption and will. be effective for a period not to exceed ninety days
from the date of adoption.
The foregoing
Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Louise Canwfight
Councilmember Norma Damp
Councilmember Raymond Halloran
· The Mayor thereupon declared this Resolution duty passed and adopted this
/
day of ~"-,1~{_.~ , 1995.
CITY OF SEBASTIAN
By:~'//~ ~~
~a-thur L. Firtion, Mayor
ATTEST:
Kathryn lVi~. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland, Jr., City Attorney
4
RESOLUTION NO. R-95-54
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, EXTENDING THE EFFECTIVE DATE OF
THE TEMPORARY USE PERMIT I~()LICY AS ESTABL[SilED IN
RESOLUTION NO. R-95-36; I'I{OV[DING FOR REPEAL OF
RESOLUTIONS OR PARTS OF HESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the C_i. Ly Counc'i I ,, City of Sebasl-:i,'~l~ adopted
Resolution No.' R-95-36 estab.[i~}, ~%] a Temporary {!se Permit
Policy on June 2]., 1995 to be ef.fective immediate.ly and for a
period not to exceed ninety days; and
WHEREAS, Resolution R-95-3{'; will expire be.Core the City
Council can adopt Ordinance 0-95-21 regarding Temporary Use
Permits; and
WHEREAS, the City Council. deems it to be in the best
interest of the 'City to extend Resolution R-95-36 for an
additional 30 days to continue the Temporary Use Permit
Policy until such 'time as Ordinance 0-95-21 can be adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS
FOLLOWS:
SECTION 1. EXTENSION. The portion of Resolution
R-95-36 regarding the effective ,Hate (Section 4), is amended
to extend'the effective period £or an additional 30 days.
SECTION 2. CONFLICT. Al..{. ~esolutions or parts of
resolutions in conflict herewith are hereby repeal, ed.
SECTION 3.
SEVERABILITY.
I.l'~ i;he event a co~rt of
competent jurisdiction shall hold or determine that any part
of this Resolution is invalid ol.' unconstitutional, the
remainder of the Resolution shall not be affected and it
shall be presumed that the Cit:¥ (.'ouncil of the City of
Sebastian did not intend to en~]c~t such invalid or
unconstitutional provision. II shall further be assumed
that the City Council would hav,~, enacted tile remainder of
this Resolution without such j.,,v;~].:id and unconstitutional
[.)]:ovision, thereby caus'i_ng sa.i~{ ,'(!~rn;~,i. nder to relnai, n in full
fol:c;e and effect.
SECTION 4. EFFECTIVE DATE. Tl~Js Policy
shall 'take effect September.' .[9~ i!~95 and will b~:.? ~-~.f.fective
for a period no't to exceed thi.,-I v days.
'['he foregoing Resolut~or~ ~,~.~ moved for adol:,l i~'~n by
Councilmember The motion was
seconded bY. Councilmember _ and, upon
being put into a vote, the w:~'l:~!.., was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J.
Councilmember Ray Halloran
Councilmember Louise R. Ca~-t:wright
The Mayor thereupon declared this Ordinance duly passed
and adopted this day o.f , 1995.
("[TY OF SEBASTIAN, FLORIDA
Arthur L. Firtion, Mayor
ATTEST:
Kathryn M. O'[laIloran, CMC/AAI;:
City Clerk
(Seal)
Approved as to Form and Conten[.:
Clifton A. McClelland, ,Ir.
City Attorney
SUBJECT: PUBLIC HEARING ON
ORDINANCE 0-95-24 REGARDING
COMMERCIAL AMUSEMENTS (TEMPORARY)
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
) Agenda Number:
Approved For Submittal By:
City Manager
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits: 1.
9/21/95
9/27/95
Ordinance 0-95-24
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At the regular meeting of September 13, 1995, City Council approved the
first reading of Ordinance 0-95-24, set the first public hearing for
September 27, 1995 and the second public hearing for October 11, 1995.
The proposed change will allow "commercial amusement, temporary" in the
Commercial General zoning district. This coincides with Ordinance 0-95-21
regarding special events such as a concert.
RECOMMENDED ACTION
Hold first public hearing on Ordinance 0-95-24, and confirm second public
hearing scheduled for October 11, 1995.
ORDINANCE NO. 95-24
AN ORDINANCE OF THE CITY CODNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, AMENDING
CHAPTER 20A, SECTION 20A-3.10.B OF THE
CITY OF SEBASTIAN LAND DEVELOPMENT CODE
OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN, FLORIDA; TO PERMIT COMMERCIAL
AMUSEMENTS (TEMPORARY) IN THE GENERAL
COMMERCIAL (CG) ZONING DISTRICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 20A-12.2 of the Sebastian Land
Development Code provides for a definition of "Commercial
amusement, temporary"; and
WHEREAS, no zoning district in the Sebastian Land
Development Code provides for "Commercial amusement,
temporary" as a permitted or conditional use; and
WHEREAS, the City Council of the City of Sebastian,
finds that it would be in the best interest of the City to
permit "Commercial amusement, temporary" in the General
Commercial (CG) zoning district; and
WHEREAS, the City Council of the City of Sebastian,
Florida, believes that it is in the best interest of the
health, safety, and general welfare of the community to so
amend the Code of Ordinances, City of Sebastian, Florida, in
the City of Sebastian Land Development Code.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, THAT:
Section l. The Code of Ordinances, City of Sebastian,
Florida, in the City of Sebastian Land Development Code is
hereby amended by changing Section 20A-3.10oB to read as
fo 11 ows:
B. Permitted Uses. In this district, as a permitted, a
building or premises may be used for only the below stated
uses. All applicable provisions of this code shall be
satisfied, including site plan review and performance
criteria.
Permitted uses: Cultural or civic activities, places of
worship, public or private not-for-profit clubs, business and
professional offices, general retail sales and services
(including antique shops, consignment shops and secondhand
stores), limited commercial activities, parking garages,
plant nurseries, restaurants (excluding drive-ins), trade and
skilled services, transient quarters, vehicular sales and
related services, retail gasoline sales, medical services,
commercial amusements (temporary), and accessary uses.
Section 2. Conflicts. Ail other Ordinances or parts of
Ordinances, Resolutions or parts of Resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
Section 3. Codification. It is the intention of the City
Council of the City of Sebastian, Florida, that the
provisions of this Ordinance shall become and be made a part
of the Land Development Code of the City of Sebastian,
Florida, and that the sections of this Ordinance may be
renumbered, relettered, and the word "ordinance" may be
changed to "Section", "Article", or such other word or phase
in order to accomplish such intention.
Section 4. Severabilit¥. If any clause, section, or other
part or application of this Ordinance shall be held by any
Court of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part or application
shall be considered as eliminated, in no way affecting the
validity of the remaining portions or applications, which
shall remain in full force and effect.
Section 5. Effective Date.
effective immediately.
This Ordinance shall become
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA,
ON FIRST READING, THIS DAY OF , 1995.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THiS CITY OF
SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS
DAY OF , 1995.
The foregoing Ordinance was moved for adoption by
Councilmember . The motion was
seconded by Councilmember
being Dut into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
The Mayor thereupon declared this Ordinance duly passed
and adopted this day of , 1995.
and, upon
CITY OF SEBASTIAN, FLORIDA
by:
Arthur L. Firtion, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
y Attorney
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 g FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
THURSDAY, SEPTEMBER 7, 1995 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
PURPOSE:
- 1st Public Hearing- 1995/96 Fiscal Year Proposed Millage and
Tentative Budget:
· Resolution No. R-95-50 - Proposed Millage
· Resolution No. R-95-51 - Tentative Budget
- Schedule Public Hearing for Golf Course Rates Resolution for 9/20/95
Anyone wishing to address City Council during the public hearing is required to sign the
sign-up sheet provided prior to the meeting.
1. Mayor Firtion called the Special Meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
Citw Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corem
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
City Manager, Joel Koford
City Attorney, Clifton McClelland, Jr.
City Clerk, Kathryn O'Halloran
Finance Director, Joel Haniford
Chief of Police, Earl Petty
Airport Manager, John Van Antwerp
Director of Community Development,
Brace Cooper
Public Works Director, Richard Votapka
Human Resources Director, Wendy
Widmann
Deputy City Clerk, Sally Maio
Special City Council Meeting
September 7, 1995
Page Two
95.077
1995/96 FISCAL YEAR MILLAGE AND BUDGET PUBLIC
HEARINGS
The normal order ofbusiness forpublic hearings (R-95-33) is as follows:
Mayor Opens Hearing
Attorney Reads Ordinance or Resolution
Staff Presentation
Public Input
Staff Summation
Mayor Closes Hearing
Council Action
Please note: Anyone wishing to speak is asked to go to the podium and
state his/her name and address for the record prior to addressing City
Council.
RESOLUTION NO_ R-95-50 - Proposed Millage Rate of 6.90 Mills
(Finance Director Transmittal dated 9/1/95, R-95-50)
Tentative Approval - 2nd Public Hearing and Final Adoption Scheduled for
9/20/95 - Resolution No. R-95-50 is to be Read in Full in Accordance
with FS 200.06S (2)(d)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A
PROPOSED MILLAGE RATE OF 6.900 FOR THE CITY'S GENERAL
OPERATING FUND FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 1995 AND ENDING SEPTEMBER 30, 1996; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Firtion opened the public hearing at 7:04 p.m. and the City Clerk
read Resolution No. R-95-50 in full.
2
Special City Council Meeting
September 7, 1995
Page Three
The City Manager explained procedures for this first proposed millage and
budget public hearing.
There was no public input on the millage rate and Mayor Firtion closed the
public hearing at 7:09 p.m.
MOTION by Cartwright/Corum
I move to adopt the tentative millage rate of 6.90 mills which is .22
percent less than the rollback rate of 6.915 mills.
Mr. Halloran suggested that the setting of the second public hearing and
final adoption for September 20, 1995 be added to the motion. Mrs.
Cartwfight and Vice Mayor Corum concurred.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
3
Special City Council Meeting
September 7, 1995
Page Four
95.077 B.
RESOLUTION NO. R-95-51 - Tentative 1995/96 Fiscal Year
Budget (Finance Director Transmittal date 9/1/95, R-95-51)
Tentative Approval ~ 2nd Public Hearing and Adoption Scheduled for
9/20/95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A
TENTATIVE BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996;
DETERMINING AND FIXING THE AMOUNTS NECESSARY TO
CARRY ON THE GOVERNMENT FOR THE ENSUING YEAR;
DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND;
ESTIMATING RECEIPTS FOR THE GENERAL FUND, EXHIBIT "A';
GOLF COURSE FUND, EXHIBIT "B"; AIRPORT FUND, EXHIBIT "C";
CEMETERY TRUST FUND, EXHIBIT "D"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Firtion opened the public hearing at 7:10 p.m. and the City Clerk
read Resolution No. R-95-51 by tire only.
Richard Taracka, 1320 Coverbrook Lane, Sebastian, discussed budgeted
funds for Golf Course equipment for ISS and two new pro positions at Golf
Course.
Harry Thomas, Sr., 654 Balboa Street, Sebastian, discussed budgeted funds
for Golf Course equipment for ISS and for two new pro positions at Golf
Course, and suggested selling the Golf Course.
Frank Oberbeck, 601 Layport Drive, Sebastian, discussed the audit report
relative to the Golf Course, proposed Golf Course revenues, proposed funds
for Golf Course equipment, funds transfer to the Golf Course from the
general fund, two new employees proposed at Golf Course, and increased
taxes.
Special City Council Meeting
September 7, 1995
Page Five
Louis Priore, 374 Mango Avenue, Sebastian, discussed his drainage
complaints made to the city for seventeen years with no results.
Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed costs for proposed
new positions, what taxpayers get for their tax dollars, special interests on
Council, status of money budgeted for windows at City Hall, budgeted
funds for Golf Course equipment, additional personnel at Golf Course to
assist the Golf Course manager, and a proposed increase in cart and greens
fees.
Kevin Hansen, 209 Midvale Terrace, Sebastian, discussed costs of hiring
private engineering consultants.
Bob Freeland, 733 Wentworth Street, Sebastian, discussed
TAPE I - SIDE II (7:50 p.m.)
groups who he believed were sabotaging the airport master plan and
connection to the deletion of funding for the Airport Manager. He read a
letter to and from the Vero Beach Airport Manager about Mr. Van Antwerp
and submitted the letter to the City Clerk for distribution to City Council.
He asked Council to reconsider Mr. Van Antwerp's position.
Constance Spates, Roseland, discussed the skydive operation and the
deletion of a full-time Airport Manager. She said she contacted members of
City Council and received only generalities relative to his position. She said
she would not invest in Sebastian.
Walter Barnes, Azine Terrace, Sebastian, discussed costs for addition of
eight new personnel, and road department problems.
A1 Vilardi, 445 Georgia Boulevard, Sebastian, handed out a political
cartoon relative to special interests stating it was rumored that skydivers are
against the airport master plan, discussed concern for proposed new
personnel, hiring Golf Pro Manager consultant without going out to bid,
Golf Pro handling city cash and hiring of two new persoimel for Golf
Course.
5
Special City Council Meeting
September 7, 1995
Page Six
Robert Skok, 12970 74th Court, Sebastian, employee in the Public
Works/Engineering Department for two years, discussed drainage
complaints, pipe collapses and personnel needed in that department rather
than hiring en~neering consulting firms.
John Hadaway, 1671 North U.S. 1, Sebastian, city business owner,
discussed the police budget, reporting on allocation percentages of area
police departments and results of review of police budgets from the 1960%
to the present.
Mayor Firfion called recess at 8:30 p.m. and reconvened the meeting at 8:40
p.m.. All members were present.
Mayor Firtion called for any further input.
Steve JohnsoR, business owner at Sebastian Municipal Airport, discussed
deletion of the Airport Manager's position at this critical time of the
implementation of the airport master plan.
Carter Briggs, 321 Main Street, Sebastian, commended Airport Manager,
John Van Antwerp.
Don White, 345 Main Street, Sebastian,
TAPE II - SiDE I (8:46 p.m.)
commended Airport Manager, John Van Antwerp.
Mayor Firtion closed the hearing at 8:48 p.m.
6
Special City Council Meeting
September 7, 1995
Page Seven
Vice Mayor Corum said she had presented a proposed budget for the Tree
Advisory Board and requested input. Mrs. Cartwfight suggested using
funds allocated for consultants for the comprehensive land use plan review,
which is now to be funded by a grant, for the Tree Advisory Board.
MOTION by Conun/Halloran
I move to accept the budget for the Tree Advisory Board in the
mount of $1000 for the 95/95 fiscal year budget.
The City Manager said staff will put the funds in the appropriate line item.
Mr. Oberbeck inquired whether a City Council member proposing a new
budget item was appropriate.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5-0
Vice Mayor Corem inquired who was picking up range balls. The City
Manager said the Golf Pro should be providing that service and he will
review it.
Vice Mayor Corum said citizens get paved roads, community buildings,
parks, and boat ramps for their tax dollars. She expressed concern for the
costs for hiring consultants for routine matters and said she could see the
need for the project coordinator position in the Public Works/Engineering
department and requested City Council input.
Discussion followed relative to need for the project coordinator.
Special City Council Meeting
September 7, 1995
Page Eight
MOTION by Corem/Damp
I move to add to the budget the position in engineering administration
a project coordinator/engineer at 23,000 odd dollars.
Mrs. Cartwdght noted that since that person will not go back to the sign
shop that position will need to be readdressed. The Public Works Director
reiterated his need for the position.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - nay
Mayor Firtion - nay
Vice Mayor Corem - aye
Mrs. Cartwfight - aye
MOTION CARRIED 3-2 (Firtion, Halloran - nay)
MOTION by Comm/Halloran
I move to remove one code enforcement officer from the 95/96 fiscal
year budget.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - nay
Vice Mayor Corum - aye
Mrs. Cartwright - nay
Mrs. Damp - nay
MOTION FAILED 2-3
A discussion followed relative to the ISS contract and $50,000 budgeted for
Golf Course equipment. It was agreed that the contractor would purchase
its own equipment, however, the city was responsible for repairing city
equipment. The City Manager said it was his intent to replace worn out
city equipment rather than attempt to repair it.
Mr. Halloran inquired whether the general fund had loaned the Golf Course
money and the City Manager said it had and that it had been paid back.
Special City Council Meeting
September 7, 1995
Page Nine
TAPE II - SIDE ii (9:35 p.m.)
Discussion of the deletion of the funding for equipment and possible
amendment of the ISS contract continued.
The City Manager recommended the budget be left as is and see what
happens to the contract.
MOTION by Cartwright/Comm
I move we take out the $50,000 toward the purchase of equipment
for the Golf Course.
ROLL CALL:
Mayor Firtion - nay
Vice Mayor Corem - aye
Mrs. Cartwfight - aye
Mrs. Damp - nay
Mr. Halloran - nay
MOTION FAILED 2-3 (Damp, Firtion, Halloran - nay)
Mrs. Cartwright noted that in accordance with the Golf Pro's contract, he is
responsible for all professional services.
MOTION by Cartwright/
I move we have the City Manager take out the golf pro and 'the
assistant golf pro and put back the cashier positions.
Motion died for lack of a second.
Mrs. Cartwright inquired whether the Golf Pro had to provide his own
professional services under the current contract and the City Attorney said
he did under the current contract but that it was discretionary whether the
city wanted to provide additional pros. The City Manager stated that all
revenues received from lessons the two new golf pros give would come to
the City.
The City Attorney said the city is in the process of renegotiation with the
Golf Pro due to recommendation of bond counsel.
9
Special City Council Meeting
September 7, 1995
Page Ten
Vice Mayor Corum said she was comfortable with responses to her
questions from the City Manager relative to the Airport Manager position.
Mrs. Cartwright asked the City Council to reconsider the Airport Manager
matter, inquiring if an alternate plan had been established for October 1.
The Airport Manager addressed City Council, recommending that any
problems that exist can be solved by communication, stating he said he had
received no complaints from City Council or staff.
The City Manager said he did not have an alternate business plan and that,
for the record, the Assistant to the City Manager is not nor was envisioned
to have any relationships to the airport.
MOTION by Camvright
I move that we put back the airport manager job and postpone any
decision on it until the City Manager can come up with a viable plan for the
airport.
Motion died for lack of a second.
Vice Mayor Corum said she had been assured by the City Manager that he
would be able to handle the workload at the airport. The City Manager
clarified that he could handle the load on the short tenn.
Mr. Halloran expressed hope that staff will not continue to increase,
explained the trend of lump sum bonuses rather than increases in salary
level, and explained the move in the budget for public lighting.
The City Manager clarified the changes to Community Development line
item 515-992 to be decreased by $4,000; adding a line item for the Tree
Advisory Board addition of $1,000; adding in Public works/Engineering
personnel services an Engineer/Project Coordinator at $23,350 plus fringe
costs.
10
Special City Council Meeting
September 7, 1995
Page Eleven
MOTION by Corum/Canwdght
I move to adopt tentative budget Resolution No. R-95-51 with the
changes as outlined 1) decrease line item 515-992 by $3000 and add a Tree
Advisory Board budget of $1000; 2) in Public Works/Engineering add
personnel rifled Engineer/Project Coordinator at a salary $23,358 plus
fringe costs and to publish the appropriate budget ad on Saturday,
September 16, 1995 and to set 2nd public hearing for budget on
Wednesday, September 20, 1995 at 7:30 p.m.
ROLL CALL:
Vice Mayor Corem - aye
Mrs. Cartwfight - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Prior to Conclusion of Hearing. Amend Tentative Budget or Adopt
Tentative Budget - If Necessary Recompute Prot~osed Millage Rate
and Publicly Announce Percent bv Which RecomputedProposed
Millage Exceeds Rolled-Back Rate
5. NEW BUSINESS
95.148
Schedule Golf Course Rate Public Hearing for September 20. 1995
(City_ Clerk Transmittal dated 8/31/95)
MOTION by Cartwright/Halloran
I move we schedule the Golf Course rates hearing for the September
20, 1995 Special Meeting at 7:30 p.m.
11
Special City Council Meeting
September 7, 1995
Page Twelve
ROLL CALL:
Mrs. Canwri~t
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Being no further business, Mayor Firtion adjourned the Special
Meeting at 10:20 p.m.
Approved at the
Meeting.
, 1995, Regular City Council
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
12
I
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 13, 1995
7:00 P.M. OR SOON THEREAFTER
(FOLLOWING 6:30 P.M. BOARD OF ADJUSTMENT)
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit of ten minutes per speaker (R-95-33)
Mayor Firtion called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Reverend R. Harold Lee, First Baptist Church,
Sebastian.
ROLL CALL
Ci.ty Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
Staff Present:
City Manager, Joel Koford
City Attorney, Tim Williams
City Clerk, Kathryn O'Halloran
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
Regular City Council Meeting
September 13, 1995
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33}
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Vice Mayor Corum, on behalf of George Schum, announced the
Firefighters fundraiser car wash on Saturday, September 16, 1995 from 8
a.m. to 2 p.m. at Chessers Gap shopping center.
7. QUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39):
· Mayor Opens Hearing-Outlines Rules
· Clerk Administers Oath
° Disclosure of Ex-Parte Communication
· Staff Presentation
° Applicant Presentation - 15 Minutes
· Inquiry of Applicant
° Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or
More
· Inquiry of Proponents
· Opponents' Presentation - Affected Opponents 15 Minutes - Other 3
Minutes or 10 Minutes (Representing 5 or More
· Inquiry of Opponents
° Informational Testimony - 3 Minutes or 10 Minutes ~fRepresenting 5 or
More
· Closing of Public informational Period
· Staff Response and Summary - 10 Minutes
° Applicant's Rebuttal Presentation - 10 Minutes
° Board and Stafflnquiry
Regular City Council Meeting
September 13, 1995
Page Three
95.138 A.
Skvdive Sebastian - Special Use Permit - Camping Facilities
(Director of Community Development Transmittal 8/1/95.
Application [Site Plan Previously Distributed in 8/9/95 Packet],
Mosby Letter 6/21/95. Petty_ Memo 7/3/95. Van Antwerp_
Memo 7/5/95. P & Z Memo 7/7/95. HRS Letter 7/21/95)
Mayor Firtion opened the quasi-judicial heating at 7:04 p.m. and the City
Clerk administered an oath to all those whO intended to offer testimony.
There was no disclosure of ex-parte communication.
The Director of Colnmunity Development presented the request on behalf
of staff.
Randy Mosby, representing the applicant, went through each condition
imposed by Planning and Zoning Commission, stating the applicant could
comply. He stated that all appropriate permits had been applied for.
Andy Grimwade, Skydive Sebastian, stated that length of stay would be
indicated by windshield stickers.
Discussion followed on Chief Petty's suggestion for a fence or privacy
hedge.
Vice Mayor Corem expressed concern for use of a parking area for
camping. Randy Mosby said Skydive was not providing a campground to
the general public but a location for skydivers to park their RVs to spend a
few days to skydive.
Discussion followed on proposed future additions of showers, new offices
and a snack bar.
Jeff Dudley, staff member at Skydive Sebastian, noted that skydivers bring
money into the community.
Being no further input, Mayor Firtion closed the hearing at 7:32 p.m.
Regular City Council Meeting
September 13, 1995
Page Four
MOTION by Halloran/Cartwright
I move to approve the special use permit for camping at Skydive
Sebastian subject to the seven conditions set by P & Z, the regulations
compliance with the HRS requirements and Chief Petty's suggestions.
It was clarified that compliance with Chief Petty's suggestions were part of
the motion and noted that the vegetative barrier was already in place.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cam~ght - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
8. PUBLIC HEARING. FINAL ACTION
The normal order ofbusiness for public heanngs (R-95-33) is as follows:
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· StaffPresentation
· Public Input
· StaffSummation
° Mayor Closes Hearing
° Council Action
Please note: Anyone wishing to speak is asked to go to the podium and
state his/her name and address for the record prior to addressing City
Council.
95.029
ORDINANCE NO. 0-95-23 - Amending Parking Ordinance No.
0-95-03 Re: Prohibiting Parking in Handicapped Spaces (O-95-23)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES,
PROHIBITING PARKING IN DESIGNATED HANDICAPPED SPACES,
PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS,
AND PROVIDING FOR AN EFFECTIVE DATE.
4
Regular City Council Meeting
September 13, 1995
Page Five
Mayor Fixtion opened the public hearing at 7:35 p.m. and the City Attorney
read Ordinance No. 0-95-23 by title only. Being no input, Mayor Firtion
closed the public hearing at 7:36 p.m.
MOTION by Comn~Cartwright
I move Council adopts Ordinance No. 0-95-23.
Mrs. Cartwright reminded staff that when the ordinance (O-95-03)
originally came before Council the majority of Council recommended the
deletion of a word in Section 6. She said the Mayor had requested that that
item be brought back at the same time as the handicapped parking issue.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5-0
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
Ao
Approval of Minutes - 8/23/95 Regular Meeting, 8/30/95 Business
Workshop
Regular City Council Meeting
September 13, 1995
Page Six
95.041/ B.
94.096
RESOLUTION NO. R-95-52 - FDOT Joint Participation
Supplemental Agreement - increase Airport Grant Amount (City
Manager Transmittal 9/5/95, R-95-52, Supplemental
Agreement, FDOT Letter 8/18/95)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-94-32;
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST A SUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT (GRANT) WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR ENGINEERING FOR
LIGHTING AND OVERLAY OF RUNWAY 4-22; INCREASING THE
GRANT AMOUNT TO $55,440.00; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING
FOR AN EFFECTIVE DATE.
95.102
RESOLUTION NO. R-95-53 - inteflocal Agreement - Scrub
Acquisition (Director of Community Development Transmittal
9/5/95, R-95-53, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORiDA, AUTHOR/ZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT
FOR THE SEBASTIAN HIGHLANDS SCRUB PROJECT; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Regular City Council Meeting
September 13, 1995
Page Seven
95.115 D.
95.149
95.150
95.151/
94.007
RESOLUTION NO. R-95-54 - Extend Temporary Use Permit
Deadline (Director of Community Development Transmittal 9/5/95,
R-95-54, R-95-36)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, EXTENDING THE EFFECTIVE DATE OF THE
TEMPORARY USE PERMIT POLICY AS ESTABLISHED iN
RESOLUTION NO. R-95-36; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDiNG
FOR AN EFFECTIVE DATE.
RESOLUTION NO~ R-95-45 - Vacation of Easement - Lots 12 &
13, Block 157, Unit 5, Sebastian Highlands - Black (City Clerk
Transmittal 9/6/95, R-95-45, Application, Survey, Letters of No
Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHiNG, ABANDONING
AND DISCONTINUING THE WEST FIVE FEET OF LOT 12, AND THE
EAST FIVE FEET OF LOT 13, BLOCK 157, SEBASTIAN HIGHLANDS
UNIT 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
5-102, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
Authorize Mayor and City Clerk to Execute Engagement Letter -
Hoyman, Dobson & Co., P.A. - 1994/95 Fiscal Year Audit -
$40,395.00 (City Manager Transmittal 9/5/95, Engagement Letter)
Bid and Contract Award - U.S. 1 Median Strip Landscaping Project -
Natureland Landscaping of Vero Beach, FL - $55,548.45 (Public
Works Director Transmittal 9/5/95, Bid Tabulation, Bid and
Contract Documents, Public Works Director Memo 8/16/95,
Director of Community Development Memo 8/28/95)
7
Regular City Council Meeting
September 13, 1995
Page Eight
95.152 H.
Approve Contract with Florida Department of Environmental
Protection - Florida Recreation Development Assistant Program
Grant - Upgrade Schumann Tennis Courts (Director of Commurdty
Development Transmittal 9/5/95, DEP Letter 8/14/95, Contract,
Williams Letter 8/31/95)
95.153 I.
Pelican Island Preservation Society - Request Use of Riverview Park
- 93rd Anniversary Celebration of Pelican Island National Wildlife
Refuge - 3/10/96 - 9 am to 4 pm - Electricity Use and Standard
Conditions (Director of Community Development Transmittal
8/22/95, Davies Letter 8/8/95)
95.154 J.
Michelle McGarry - Request Use of Community Center - 1/20/96 - 5
p.m. to 10 p.m. - A/B - Security and Rental Paid - DOB 1/20/73
(City Clerk Transmittal 9/5/95, Application)
95.155 K.
Judygayle Kulms - Request Use of Community Center - 10/14/95 - 2
p.m. to 6 p.m. - A/B - Security - DOB 6/9/72 (City Clerk Transmittal
9/7/95, Application)
The City Manager read the consent agenda. The City Attorney read
Resolution Nos. R-95-52, R-95-53, R-95-54 and R-95-45 by title only.
Mrs. Cartwright removed items D, E, F and G. The Director of Community
Development requested removal of item C for clarification and Vice Mayor
Corem requested its removal. Mayor said he also intended to remove G.
MOTION by Cartwright~alloran
I move to approve items A, item B, item H, I, J, and K of the consent
agenda.
ROLL CALL: Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corem
Mrs. Camvright
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
- aye
8
Regular City Council Meeting
September 13, 1995
Page Nine
][gem C - R-95-53
The Director of Community Development said that Roland DeBlois had
informed him that the County Commission would need an additional 30
days to execute the inteflocal agreement beyond the 120 day time limit
imposed by City Council on May 24, 1995.
MOTION by Halloran/Damp
I move to approve Resolution No. R-95-53 and extend the date for
completion to 150 days.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Item D - R-95-54
Mrs. Cartwright made two minor corrections to the resolution as follows:
add "pennif' after "use" in the first whereas clause, and change "94" to
"95" in Section 1.
MOTION by Cartwright/I-Ialloran
I move to adopt Resolution No. R-95-54 as amended.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
Regular City Council Meeting
September 13, 1995
Page Ten
Item E - R-95-45
Mrs. Cartwright made a minor correction to the resolution as follows: add
"five" after "Easf' in the indented paragraph of Section 1.
MOTION by CaxtwrightYHalloran
I move to adopt Resolution No. R-95-45 as amended.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CAKRIED 5-0
item F - Hovman. Dobson
MOTION by Cartwright/Halloran
I'd like to move that we authorize the Mayor and the City Clerk to
execute the proposed engagement letter from Hoyman and Dobson and Co.,
P.A. dated...(tape ended)
TAPE I - SIDE II (7:48 p.m.)
(Motion continued)... 1995 in the amount of $40,395 and authorize staff to
prepare the audit schedules as outlined in their appendix A.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firfion - aye
Vice Mayor Comm - aye
MOTION CARRIED 5-0
10
Regular City Council Meeting
September 13, 1995
Page Eleven
item G - U.SJ 1 Median Strip
Mrs. Cartwright inquired how much had been spent on the median strip
thus far, about staff concerns relative to the vendor and the variance
between bid mounts.
Marshall Hale, Landscape Director for Natureland Garden Center,
addressed City Council relative to its dates of operation.
The City Manager advised that if City Council is inclined to award the bid,
it do so contingent upon review of contract documents by the City Attorney
and verification of the vendors' correct business name.
The City Attorney recommended the inclusion of"Scope of Work" and
"Teclmical Specifications" in Paragraph 2 of the contract.
MOTION by Comm/Halloran
I move Council award Natureland Landscaping in the amount of
$55,548.45 contingent upon the City Attorney reviewing legalities within
one week and in the contract document item 2 after "invitation to bid" add
"scope of work" and include "technical specifications" in paragraph 2A and
add a time completion of 60 consecutive calendar days following the
issuance of the notice to proceed.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion o aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
PRESENTATIONS
None.
I1
Regular City Council Meeting
September 13, 1995
Page Eleven
ItemG ~ U.SLl~MedianStrip
Mrs. Cartwright inquired how much had been spent on the median strip
thus far, about staff concerns relative to the vendor and the variance
between bid amounts.
Marshall Hale, Landscape Director for Natureland Garden Center,
addressed City Council relative to its dates of operation.
The City Manager advised that if City Council is inclined to award the bid,
it do so contingent upon review of contract documents by the City Attorney
and verification of the vendors' correct business name.
The City Attorney recommended the inclusion of"Scope of Work" and
"Technical Specifications" in Paragraph 2 of the contract.
MOTION by Comm/Halloran
I move Council award Natureland Landscaping in the amount of
$55,548.45 contingent upon the City Attorney reviewing legalities within
one week and in the contract document item 2 after "invitation to bid" add
"scope of work" and include "technical specifications" in paragraph 2A and
add a time completion of 60 consecutive calendar days following the
issuance of the notice to proceed.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwfight - aye
MOTION CARRIED 5-0
9. PRESENTATIONS
None.
11
Regular City Council Meeting
September 13, 1995
Page Thirteen
MOTION by Damp/Cartwright
I move that we deny the application for vacation of easement for Lot
5, Block 445, Unit 17.
Mrs. Cartwright said it was her intent to honor John Hill's recommendation
to leave the easement intact.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwfight - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
95.157
Request to Require Action fi.om Owner of 320 Tangelo Street Re:
Condition of Mobile Home (Director of Community Development
Transmittal 8/22/95. Inspection Report. DCD Memo 8/11/95, Sec.
The Director of Community Development reiterated his recommendation in
accordance with Section 102.5 of the Standard Building Code.
Mr. Halloran asked for the City Attorney's opinion on Section 66-7 of the
Code of Ordinances and the City Attorney responded that this section was
in effect prior to passage of quasi-judicial procedure requirements,
therefore, outdated. He recommended proceeding with proper notice to the
tree owners of the property in accordance with the Standard Building Code,
and stated that he would review whether the quasi-judicial hearing can be
held on the 61st day following notice as requested by Council.
MOTION by Halloran/Cammght
I move to require that the owner be given 60 days to either repair or
destroy the structure.
13
Regular City Council Meeting
September 13, 1995
Page Fourteen
ROLL CALL:
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwfight
Mrs. Damp
Mr. Halloran
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
95.115 C.
ORDINANCE NO. O-95~21 - Temporary Use Permit (Director of
Community Development Transmittal 9/5/95, 0-95-21, R-95-36)
1st Reading, Set Public Hearings for 9/27/95 and 10/11/95
AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF
SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE TO PROVIDE FOR TEMPORARY USE PERMITS; PROVIDING
DEFINITIONS; ESTABLISHING CRITERIA FOR ISSUANCE OF
TEMPORARY USE PERMITS; ESTABLISHING APPLICATION
PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read 0-95-21 by title only.
Walter Barnes, 402 Azine Terrace, Sebastian, inquired whether there was
any language proposed to protect the City from certain types of gatherings.
The City Attorney recommended changes as follows:
Define "Host Site" in Section 1 as "The parcel of land upon which the
the temporary use or special event is conducted.".
Clarify the definition of"Transient Merchant" on the third line add a period
after "enclosed structure". The next sentence will read "The following will
not be considered to be transient merchants:". Remove the word "existing"
in paragraph number 1, to read "Any merchants within enclosed structures
14
Regular City Council Meeting
September 13, 1995
Page Fifteen
who temporarily display their merchandise outside of the structure on their
premises provided the display does not delete any required parking.". He
deleted paragraph 2 and recommended it read, "Any merchants who have
received site plan approval from the Planning and Zoning Commission who
make no use of the site other than that approved by the Commission.".
Vice Mayor Corem inquired about the deletion of a permit fee. The
Director of Community Development noted that an occupational license
would be required. The City Attorney noted this is required by the
occupational license ordinance.
Mrs. Cartwfight suggested the occupational license fee be waived and the
language in paragraph 14 read the same as language in the current
temporary use permit resolution which requires a $100 pennit fee.
A consensus poll was taken on waiving the occupational license fee
requirement for temporary use permits:
Vice Mayor Corem
Mrs. Cartwright
Mr. Halloran
Mayor Firtion
Mrs. Damp
- waive
- waive
- keep
- waive
- waive
Section 2, Paragraph 5 was amended to reflect the waiver of the
occupational license fee requirement.
Polls were taken on submission of the application "no later than 30 days"
and establishing a "$100 permit fee" and all Council members concurred.
Section 4, Paragraph 14 will now read "All applications must be made on
the form prescribed by the City Manager and submitted no later than 30
days prior to the scheduled event. The application fee shall be $25 and the
permit fee shall be $100.".
15
Regular City Council Meeting
September 13, 1995
Page Sixteen
Mrs. Damp inquired about Section 3. Following some discussion, the three
paragraphs were changed to add "consecutive" after the number of days and
"per sale/evenf' after the word "days".
Mrs. Cartwright suggested that "or conditional" be deleted in Section 2,
Paragraph 1. The Director of Community Development explained that
Planning and Zoning would not have to approve the temporary use permit
simply because it was a conditional use in a particular zoning district.
Mrs. Cartwright suggested adding "as applicable" to the first paragraph in
Section 4 after "information". There were no objections.
Mrs. Cartwfight suggested that Section 4, Paragraphs 7 and 8 be combined
and changed to "A drawing showing dimensions or existing site plan for the
host site including location and dimensions of all existing driveways,
entrances, exits, and parking spaces.". She suggested adding "A drawing
depicting" to the beginning and "for this temporary use" to the end of
Paragraph 9. There were no objections.
Mrs. Cartwfight suggested addition of"maximum peak hour" in Section 4,
Paragraph 1 l, after the word "of". City Council agreed.
Mrs. Cartwright suggested deleting "and" and replacing it with "by" before
"the Director of Community Development" in the paragraph after paragraph
14 in Section 4.
The City Attorney asked for a number of days to allow someone to remove
signs (in Section 4 which should be Section 5). The Director of
Community Development noted that there is a provision for special events
signs in LDC 20A-15.5.F. 1. which allows 14 days although it is limited in
what it allows. The Director of Community suggested that only the three
times allowed in the LDC not be applicable to this type of permit.
16
Regular City Council Meeting
September 13, 1995
Page Seventeen
95.158
Mrs. Cartwright referred to Section 2, Paragraph 4 noting this will apply to
removal of the signs.
Mrs. Cartwright suggested addition of"pursuant to Section 2, Number 4"
after the first sentence in the second full paragraph in Section 4, after the
numbered paragraphs.
MOTION by Halloratt/CammSght
I move to approve the ftrst reading of Ordinance No. 0-95-21 along
with all aforementioned and agreed upon corrections and set the first public
hearing for September 27, 1995 and second public hearing for October 11,
1995.
ORDINANCE NO. 0-95-24 - Changing Permitted Use in CG
Zoning - Temporary Use Permits (Director of Community
Development Transmittal 9/5/95, 0-95-24, Commercial Amusement
Definitions)
1st Reading, Set Public Hearings for 9/27/95 and 10/11/95
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
3.10.B OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE
OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
FLORIDA, TO PERMIT COMMERCIAL AMUSEMENTS
(TEMPORARY) IN THE GENERAL COMMERCIAL (CG) ZONING
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-95-42 by title only.
Don Studley, 1300 Palmetto Court, Vero Beach, business owner in
Roseland, presented his request for a Christmas in Sebastian/Tammy
Wynette Concert on December 1. Staff advised him that upon adoption on
October 11, 1995 his application for temporary use permit will be
17
Regular City Council Meeting
September 13, 1995
Page Eighteen
considered grand fathered and acted upon at that time.
MOTION by Corum/C~ght
I move Council approves the first reading of Ordinance No. 0-95-24
and set the first public heating for September 27, 1995 and the second
public hearing for October 11, 1995.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
MOTION CA1LRIED 5-0
Mayor Firtion called recess at 9:22 p.m. and reconvened the meeting at 9:33
p.m. All members were present.
TAPE II - SIDE II (9:34 pm.)
13.
INTRODUCTION OF NEW BUSINESS FROM ,,THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Walter Barnes, 402 Azine Terrace, Sebastian, handed out a Press Journal
article entitled "The Fine Art to Firing Employees" and spoke relative to the
termination of the Airport Manager. He urged Council to disclose its
reasons.
Thomas Wojciekowski, 425 Peterson Street, Sebastian, complimented City
Council on its budget hearing; objected to concerns about the Golf Course;
urged Council to reconsider the Ah-port Manager position; and commended
the Golf Course maintenance crew.
Fred Stieler, 1033 George Street, Sebastian, commended ISS for their work
at the Golf Course and commended City Council for well thought out
decisions.
18
Regular City Council Meeting
September 13, 1995
Page Nineteen
Sal Neglia, 461 Georgia Boulevard, Sebastian, inquired why the Airport
Manager position was eliminated and when the Barber Street overpass
would be completed.
14. CITY COUNCIL MATTERS
A. Vice Mayor Carolyn Corem
Vice Mayor Corum recommended that due to the fact that Tim Elder will
not be able to advise the Tree Advisory Board that the position be
advertised and filled by a Tree Advisor relative to planting and Technical
Advisor relative to the health of trees. City Council concurred. The City
Manager said he will get with the City Clerk regarding advertise.
Vice Mayor Corem stated that the recent business meeting went well and
said further workshops should be conducted with a slightly different setup;
suggested that Council reconsider budgeting for new police vehicles; and
suggested the Airport Manager position be funded until a plan is in place.
B. Mrs. LouiseCartwright
Mrs. Cartwright suggested another business workshop on November 29 or
December 6 and asked City Council members to contact the City Clerk with
their preference; suggested that the Charter be reviewed for possible
revisions.
C. M~s. Norma Damp
Mrs. Damp inquired about the completion of the Schumann tennis courts;
and inquired when the parking ordinance would be adopted. The City
Manager responded it was adopted on July 26 but that three additional
items including the establishment of an administrative board will be brought
back for workshop.
19
Regular City Council Meeting
September 13, 1995
Page Twenty
D. Mr. Ra.vmond HallOran
Mr. Halloran requested the City Manager to provide Council with a Golf
Course equipment repair estimate for the next twelve months.
E. Ma_vor Arthur Firfion
Mayor Firtion read from a Capital Sanitation memo wherein he is alleged to
have directed the school board to have buses not use Wave Stxeet. He said
he only requested them to consider not using it as a concerned citizen and
they agreed.
Vice Mayor Corum expressed concern that individual members of Council
go to the City Manager for such matters.
15. CITY ATTORNEY MATTERS
None.
16. CITY MANAGER MATTERS
None.
17.
Being no further business, Mayor Firtion adjourned the meeting at 10:10
p.m.
Approved at the
,1995, Regular City Council Meeting.
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
20
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: RESOLUTION R95-57
SPECIAL USE PERMIT FOR SKYDIVE
SEBASTIAN INC.
Approval for Submittal By:
City Manager ~fVf~-~t
Agenda Number: ~/~
Dept. Origin: Community Development
(BC)~
Date Submitted: 9/20/95
For Agenda Of: 9~27/95
Exhibits:
1. Resolution R95-57
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of September 13, 1995 the City Council held a
quasi-judicial matter for a special use permit to allow overnight
camping as a special use permit for Skydive Sebastian Inc.
The proposed resolution outlines the conditions of approval by City
Council for the Special use permit.
RECOMMENDED ACTION
Move to approve Resolution R95-57.
RESOLUTION NO. 95- ~'7
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT; FINDING
THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH
/%NDWELFAREAND IS CONSISTENT WITH THE PURPOSE/%NDINTENT
OF THE AIRPORT AND INDUSTRIAL FACILITIES DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Skydive Sebastian, Inc. has made application for a
special use permit to operate an overnight camping facility; and
WHEREAS, the Planning and Zoning Commission held a public
hearing on July 6, 1995, on such special use permit and recommended
approval of the special use permit subject to certain conditions;
and,
WHEREAS, the City Council of the City of Sebastian, Florida,
has fully considered the permit application and the evidence
presented on the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. FINDINGS OF FACT. The city Council, after
considering the evidence presented at the hearing, finds as
follows:
(1) The granting of the special use permit will not be
detrimental to the public safety, health or welfare or be injurious
to other properties or improvements within the immediate vicinity
in which the property is located; and,
(2) The use requested is consistent with the purpose and
intent of the Airport and Industrial Facilities District, and can
be demonstrated to be similar in nature and compatible with the
uses allowed in such district.
SECTION 2. APPROVAL: The City of Sebastian hereby approves
a special use permit for Skydive Sebastian, Inc. to operate an
overnight camping facility accessory to its skydiving operation on
land as shown on the sketch on file with the city Clerk which is
represented on the Mosby and Associates site plan dated December
12, 1994, revised June 5, 1995, Sheet C-1, Job %94-562. The land
is located in an Airport and industrial Facilities District and the
subject property address is 400 West Airport Drive, Sebastian,
Florida 32958.
SECTION 3. ADDITIONAL CONDITIONS: The applicant, in order to
conduct a special use on the property described in this Resolution,
must comply with conditions as follows:
(1) Security personnel to be provided 24 hours any time a
camper is using the facility.
(2) Lighting to be provided for the camp area and must be
approved by FAA.
(3) Signs to be posted indicating the camping area rules,
wording to be approved by the Airport Manager.
(4) Maintain a public telephone at all times.
(5) Limit the camping area as depicted on site plan dated
December 9, 1994, revised June 5, 1995, Sheet C-1, Job
94-562 from Mosby & Associates, Inc.
(6) Provide a pass for every camper to be displayed on their
windshield or on the tent, with proper identification
2
shown prior to the issuance of the pass. No fee for
passes. All passes must be issued to an approved
skydiver.
(7) HRS must approve any bathroom facility whether existing
or new. The bathroom must be opened 24 hours.
(8) Restrict access by maintaining vegetation around the
area.
SECTION 4. SEVERABILIT¥: If any section or part of a section
of this Resolution is declared invalid or unconstitutional, the
validity, force and effect of any other section or part of a
section of this Resolution shall not thereby be affected or
impaired unless it clearly appears that such other section or part
of a section of this Resolution is wholly or necessarily dependent
upon the section or part of a section so held to be invalid or
unconstitutional.
SECTION 5. CONFLICTS: All Resolutions or parts thereof in
conflict herewith are, to the extent of such conflict, superseded
and repealed.
SECTION 6. EFFECTIVE DATE: This Resolution shall take effect
immediately upon its adoption.
The foregoing
Councilmember
Resolution was
moved for adoption by
The motion was seconded
by Councilmember
into a vote, the vote was as follows:
and, upon being put
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1995.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
4
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUBJECT:
Mayor Firtion Attendance at Advanced
Institute for Elected Officials
CITY COUNCIL AGENDA TRANSMITTAL
AGENDA NO:
DEPT. ORiGIN:
DATE SUBMITTED: 9/21/95
MEETING DATE:
9/27/95
APPROVED FOR SUBMITTAL:
City Manager' /'"' ~/' '
..... ~ .':g~
EXHIBITS:
Conference Info
IExpenditure Required:
Amount Budgeted:
IAppropriation Required:
SUMMARY STATEMENT
In accordance with Section 2-34 of the Code of Ordinances, any City Council member
who desires to be reimbursed for expenses incurred in connection with any function
which he/she intends to attend on behalf of the City must obtain prior approval of the
City Council.
Mayor Firtion wishes to attend the 1995 Advanced Institute for Elected Officials at
Florida Atlantic University in Boca Raton on October 13 and 14, 1995.
RECOMMENDED ACTION
Approve expenses which will be incurred for Mayor Firtion's attendance at the Advanced
Institute for Elected Officials.
Registration Form
1995 AD ~.4aVCED INSTITIFFE FOR
ELECTED ,3g[~4ICIP:~kL OFFICIALS
October 13 & 14, 1995
Site: Administration Building at Florida Atlanric University.
777 Glades Road.
Boca Raton, Florida
Please print or type. You may. duplicate this fbrm for additional registration ..........
(Please write name as you wts~ it to appear on you certifiCat~i (Name ~ you w~sh it :o appear on badged
'. - s"q D
Ci~/Tow~iilage
... ~.~02,q~T/~.4 ') ..... r/- Zip Code:~~ Telephone ~. ~'~XD
Fee: S75.00 (includes lunch on both days)
Please make checks payable to: Florida Atlantic University and mail to:
Florida Atlantic Universityfnsrimte of Government
Social Science Building, Room 3 86
777 Glades Road
Boca Raron. Ftorida. 33431-099 l
For registration information, please call the. Florida Institute of Government, Florida Atlantic
University at (407) 36%3185 or SC 238-3185: Our fax dumber is (407)367-2626.
Cancellations must be received and confirmed in. writing by October 6, 1995 to ensure a refund.
* If you are physically challenged and require special services, or if you have special dietary needs, please
attach a written description of those needs to your registration form.
Suggested Hotets:
Sheraton Inn'
2000 NW 19th. Street
Boca [Eaton, FL 33'43 I
(407) 368-5252 or (800) 394-7829
Holiday inn
1959 Grades Road
Boca Raton, FL 33a3 l
(~-07) 368-5200
554.00 per night (single or double)
$59.00 per night (single or double)
Municipal Officials
The Ftonda Leag2e of Cities and the Florida Lrtstitute of Government are proud to
bri~xg you :'he second year o£'~heAd'¢anced Irtstitute. Ti'ds program ~ a continuation
of the very successful hnstimte for Elected Municipal Officials, known as the IEMO.
The Advanced Irkstimte is. reserved for participants and gTaduates of the FEMO, or
those elected ciW officials who have completed one ormore terms in office. Designed
to pick up where the Im---'MO leaves off; fids two-day program features four classes and
two workshop-sWle lunches. The program is offered on a'Friday - Saturday format..
Lrkstmctors have been selected for theiz ability to.convey important reformation in
a participatory style; Anotebook of hand-outs and hrtformation wiI1 be g-iven to each
participant and a certLficate will be awarded for completion of the program.
The' four courses, are:
Leadership-Styles and Decision-making
· Advanced Revenues. and Finances:' Getting Creative
· Underst-anding Growth Management. m Florida
· Building Your CiL?s Team: Personnel and'; Labor Issues
For'questions regarding this challenging oppormmty, please contact Sharon Bernan
or Lynn Upton at the Florida League of Cities office at (904). 2,09-9684 or Kathy Jolly
at ~he Florida Institute of Government at (904) '487-t870.
geg-istration information is provided on the attached form. The cost of the two-day
program is $75.00 and mctudes both working Itmc~hes.
We gte confident that &is will be a valuable [earning exverience for' each Farticipant.
X ~
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Chamber of Commerce
Request for Holiday Season
Approval For Submittal By:
City Manager "~/'
AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 09/18/95
For Agenda Of: 09/27/95
Exhibits:
- Letter dated 8/25/95 from Sebastian
River Area Chamber of Commerce
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
The Sebastian River Area Chamber of Commerce has submitted a request for utilization of
Riverview Park for the holiday season, commencing November 22, 1995 and ending
January 14, 1996.
The Chamber of Commerce has indicated that in the event there are other groups requesting
use of the park facilities, the Chamber will cooperate. A copy of the request is attached for
your information.
RECOMMENDATION
Recommend approval.
August 25, 1995
City Council Members
City of Sebastian
Main Street
Sebastian FL 32958
Dear Council Members:
Regarding: Santa's Sail-In / Winter Wonderland
it's hard to believe, but the Holiday Season is just 4 short months awayJ Once again, we seek the City's
permission, approval and cooperative efforts for the activities sponsored by the Chamber of Commerce
that occur during the Holiday Season!
Specifically, we are talking about Santa's Sail-tn on Friday, December 8th, and the on-going activities in the
Park for the rest of the Holiday Season. Dates, actjvities arid special requests are as follows:
11/22/95
thru
1/14/96
Electricity turned on in Park to accommodate the needs of the Committees
as they work to decorate from then until electricity turned off in the Park.
This extended period of time allows sufficient time to erect the displays and
decorate prior to opening night (12/8), and also allows time for proper
dismantlement of displays and removal of decorations after the Holidays are over.
On the subject of electricity, we'd also like to meet with some of the City personnel
to establish ways to accommodate the type of lighting decorations, so that they do
not violate any codes.
12/8/95
12/8/95 -
1/14/96
Santa's Sail-In, via lighted regatta, as in the past two years, with Santa arriving at the
Yacht Club Pier, where he will be picked up by the Fire Department to be transDorted
to the Park for the Official Lig~ng of the Park. For this we anticipate, as in the past,
the need for City Police for crowd control, both at the Pier/Yacht Club area and at the
Park. We would exDeot to rent the Yacht Club for that evening, as in the past.
Continuous use of the Park, for display and lighting decoration purposes, and Santa's
visits on Fridays, Saturdays and Sundays (12/8-9-10; 12/15-16-17; 1 2/22-23-24) in
the evenings from 5 PM to 9 PM.
Also, as in the past, if there are other groups who wish to utilize the Park during thaZ
extended time period (such as the ar~ club), we have no problem cooperating with
them so that we can all. utilize and enjoy the City's very special asset: Riverview Park!
We understand and agreed to provide our own security for the purpose of maintaining control during
Santa's Visiting hours on the three week-ends mentioned above. We further understand and agree that
no guarantees are offered concerning night time security for the Park, though, as in the past, we
understand the City Police will patrol more frequently and make every effort to keep the Park safe for the
ors and SpOnsors investments in the community wide event!
1302 U.S. #1., SEBASTIAN. FLORIDA
PHONE a.07} 589-5969
This year we a~icipate and want to enlarge the castle facade, by wrapping it around to the North side of
the Park, and to install a board side-walk type of entrance approximately 50-60 feet West of the existing
concrete entry that runs North to South into the Park fi.om the North side. This would terminate at Santa's
House, and is requested for the purpose to Attempting to better direct and control pedestrian traffic flow
from Cavco Parking to Santa's House.
This year's over-all Holiday activities are being co-chalreq by Mr. John Male~, of Allstate, and Carleen Allen,
tl~e in-coming President of the Chamber for 1996. There will, of course, be numerous other volunteers
working on the many and varied projects. This year's efforts hopefully will include living, potted trees for
decorating contests which we would anticipate planting in an area of the Park for future Living Tree
Decoration purposes, if the City will so allow; we further expect to add more of the large exhibits, plus
some additionaJ seasonal exhibits including specialty lighting, and, hopefully, a truly GIANT Santa to
delight the childrent We also will be soliciting and hope to receive participation of area schools and other
organizations to help Make It Happen!
We feel the event is growing at a steady and reasonably manageable rate; however, there are some very
specific logistical challenges concerning the on~oing continued storage of such massive displays and
space in which to repair, repaint and construct existing and future displays. Todate, we have been unat)le
to identify and secure the space recluireq. Any help that the City could give us in this regard will be greatly
appreciated! At this stage, we feel the community as well as the Chamber, has 2 full years behind us, and a
third underway, invested in this project and it would be sad to have to abandon it for lack of space to store,
but that is a very real possibility as the Chamber simply does not have funds available to rent adequate
storage.
If there is any further information you require to entertain our requests, please let us know and Mr. MaJek
will be glad to come before the council to respond in person.
Thank you for your anticipated approval and continued support of this once-a-year-all-out-community~
wide-Good-Time!
Sin~e~.ly, ' '
Virginia King
Executive Director
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 s FAX (407) 589-5570
SUBJECT: REQUEST FROM PELICAN
ISLAND ART GROUP TO USE RIVERVIEW
PARK
Approved For Submittal By:
City Manager
Date Submitted:
For Agenda Of:
Exhibits:
Agenda Number: ~-/&/
Dept. Origin: Community Development
9/19/95 (B~
9/27/95
Marion Searfoss letter received
9/13/95
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Pelican Island Art Group is requesting permission from the City
Council to utilize Riverview Park on November 11 and 12, 1995, February 10
and 11, 1996, and March 16 and 17, 1996 for their art shows.
unless otherwise stipulated by City Council, the following are established
rules for use of Riverview Park:
1. $100.00 Security Deposit
2. No vehicles in the park.
3. Applicant to provide sufficient waste receptacles and
clean up after event.
4. No alcoholic beverages are permitted within the park.
5. All displays must be clear of the sidewalks and entranceways.
6. Any goods for sale must be handmade by members of the
organization.
7. Applicant must contact and receive approval from the Health
Department regarding the sale of food.
8. Applicant to coordinate with Public Works Department for use
of electric.
RECOMMENDED ACTION
Move to approve the request from Pelican Island Art Group to use Riverview
Park on November 11 and 12, 1995, February 10 and 11, 1996, and March~l~
and 17, 1996, with standard conditions.
PELICAN iSLAND ART GROUP
410 S.W. Maple Street
Sebastian, Fi. 32958
Mayor Arthur Firtion
Council Members
City of Sebastian
P. O. Box 780127 i
Sebastian, Fl. 32978
Dear Council Members: I
The Pelican Island Art Group would like to request the following i
dates in 1995-1996 for the use of Riverview Park:
Nov. 11 & 12, 1995, Feb. 10 & 11, 1996, Mar.~& ~ 1996 I
This will allow us time to print and distribute brochures for
the coming season showing our show dates, as we do not want
to conflict with other shows in the area.
Thank you for your consideration of our request.
Sincerely,
Marion Searfoss
Pelican Island Art Group
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
I AGENDA FORM
SUBJECT:
Use of Community Center
For Dance
APPROVED FOR SUBMITTAL BY:
City Manager: ,,,
AGENDA NO.
Dept. Origin : City Clerk
Date Submitted:_~August 21, 1995
For Agenda Of: __September 27, 1995
Exhibits:
Application
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
SUMMARY STATEMENT
REQUIRED:
The City of Sebastian has received a request from the Fraternal Order of Police, Sebastian
Lodge 139, for use of the Community Center on November 11, 1995 from 7:00 PM to
11:00 PM for a dance.
They are also requesting authorization to charge an admission fee of $12.50 per person and
the use of alcoholic beverages. (Resolution No. R94-50, Section 1, Paragraphs D & I copy
attached)
A security deposit of $250.00 was received with application and a rental fee of $62.50 will
be paid when key is picked up.
RECOMMENDED ACTION
Move to approve the request with the use of alcohol and admission fee.
B. The City Clerk shall issue a use permit upon
determination that the requested use is permissible pursuant to
this Resolution and all fees have been paid. In the event that
the proposed use may include activities involving gambling,
alcoholic beverages, the use of a facility after 11:00 p.m., or
if an admission charge is to be assessed, then the city Clerk
shall not issue a use permit until directed to do so by the City
Council.
C. A use permit for a group composed of minors shall
be issued only to an adult who accepts the total responsibility
for the supervision of each minor throughout the period covered
by the permit.
D. No admission fee or other charge may be imposed by
the permittee unless expressly authorized in the use permit.
Prior to issuance of the permit, the city Council shall make a
determination that the proposed admission charge or other fee is
not intended to further a commercial purpose.
E. The serving of food and/or use of kitchen
facilities is prohibited unless specifically authorized in the
use permit.
F. The applicant shall disclose to the City Clerk the
nature of the proposed activity and the anticipated need for
extra work by City personnel. In the event, the City Clerk
determines that the permittee will cause extra work by City
personnel as a result of the proposed use, an additional fee
shall be charged in order to fully recoup such cost.
H. In the event that gambling activity is to be a part
of the permitted use, the City Council shall make a determination
that such activity is not in conflict with the general law of the
State of Florida.
I. No alcoholic beverages of any type may be brought
on to the premises, dispensed, or otherwise consumed without
prior authorization of the city Council. The Council shall make
specific provisions in the permit with regard to consumption of
alcoholic beverages.
J. The permittee shall not, under any circumstances,
remove any chairs, tables, or any other equipment from the
facility.
K. Unless otherwise directed by the city Council, all
permitted activities shall cease no later than 11:00 p.m.
L. The permittee shall bear the responsibility for the
control of the lights, thermostats, and other equipment in the
facility. Further, the permittee sha~l bear responsibility for
the unlocking and subsequent securing of the doors of the
facility. In the event that an applicant anticipates any special
needs with regard to heating, air conditioning, or lighting, he
shall disclose the details of such necessities to the City Clerk
at the time of application. The Clerk shall then determine if an
additional fee is necessary.
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
DATE: ~?"Z''"r~._ ~ {"~.,..~ ~ COMMUNI~ CENTER [ ] YACH] CLUB
Name of P~aee ~$.~ ~' _ ~ Telephone No.: ~ ~~
~son for ~ent~l: ~~ ~ ....... App~ ¢ of Persons Aaen~g Event:
Please Answer YES or NO:
t) Are kitchen facilities required?
2) Are you c~ resident of Sebastian?
3) Will decorations be put up?
4) Will there be an admission or door charge?
5) Will alcoholic beverages be served?
(a) If answer to #5 is Yes, Permittee's Proof of Age: "~¢~,~ ~,'¢.. .¢" ~". ~,,~. )~.¢~.
(b) If alcohol is to be served, permission is required by City Council. Your request will be presented to
Council on
Security Deposit $ ~2.q-~f ~ ~ Rental $ + 7% Tax = $
Make Checks Payable to: CITY OF SEBASTIAN
'* * SPECIAL NOTE: A service fee of 5% or $20.(]0 (whichever is greater) may be charged for any
dishonored check per Florida State Statute 166.251.
OFFICE USE ONLY
Security Deposit Pcdd On
Rental Fee Paid On
Date C~sh Check
Date Cash Check
Alcohol Beverage Request heard at the Council Meeting on
Initials
Initials
.APPROVED/DENIED
Key Pickup Date
Security Deposit Returned By City Check No.
Comments:
Key Return Date
in the amount of
on
I
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT:
Agreement
Approval For Submittal By:
City Manager
Golf Professional Services)
)
)
)
)
)
)
)
)
)
)
)
)
AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 09/19/95
For Agenda Of: 09/27/95
Exhibits:
- Golf Pro Services Agreement
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A
BUDGETED: N/A
REQUIRED: N/A
SUMMARY
The attached amended "Golf Professional Services Agreement" represents the proposed
changes negotiated with Patrick J. Cerjan. These changes were initiated by the City to clarify
certain functions and responsibilities of the Golf Pro Manager and to provide language that
conformed to the intent of the Golf Course Bond Covenants. The amended "Agreement" has
been reviewed by our municipal bond counsel and City Attorney.
The "Agreement clarifies paragraph 5 A, Concession and Operation; paragraph 5 B, Duties
of the Parfies~ paragraph 6, Compensation Schedule and Pro Shop Inventory; paragraph 7,
Duration, and paragraph 9, Personnel.
RECOMMENDATION
Approve the amended Golf Professional Services Agreement.
OLF PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made this 27th day of September, 1995 by and
between the CITY OF SEBASTIAN, a municipal corporation of the State
of Florida, hereinafter referred to as "City" and PATRICK J.
CERJAN, (SSN ) of the Professional Golfers' Association
(PGA) located in Veto Beach, Florida, hereinafter called the
"Consultant."
WHEREAS, the City desires to engage a consultant who has
special and unique competence and experience in providing the
planning, promotion, programming, general operations and technical
services for golf course operations; and,
WHEREAS, the Consultant represents that he has such competence
and experience in providing these services; and,
WHEREAS, the City in reliance on such representation has
selected the Consultant as its golf course consultant; and,
WHEREAS, the City and the Consultant desire to reduce to
writing their understanding and agreements on such professional
services.
IT IS, THEREFORE, AGREED as follows:
1. ~S~L~: The Consultant and the City understand and
agree that this Agreement shall cover all of the services of the
consultant which the Consultant is providing to the City of
Sebastian. This Agreement is not an exclusive agreement and the
City may employ other consultants, professional or technical
personnel to furnish services not required by or within this
Agreement for the city as the City in its sole discretion finds is
in the public interest.
2. Enqagement of Consultant: The city hereby agrees to
engage the Consultant and the Consultant hereby agrees to perform
professional services for the City in accordance with this
Agreement. The Consultant shall provide the necessary planning,
programming, marketing and promotion services, teaching, pro-shop
services and technical management services for the city of
Sebastian Golf Course and provide assistance as specifically
requested by the City Manager from time to time in connection with
the operations and maintenance of the golf course. The services
that the Consultant shall furnish to the City shall include, but
not be limited to, the following:
(1) Marketing the Golf Course: The Consultant shall
exert his best efforts to promote and market the Sebastian City
Golf Course to customers and prospective customers for the purpose
of increasing the profitable utilization of the golf course. Such
marketing efforts shall include but not be limited to activities as
follows:
(a)
(b)
(c)
(d)
design and implementation of a marketing
program to promote the golf course operations;
public appearances,
advertisements;
announcements and
organizing tournaments and group play
dissemination of information to the public
about the golf course, its services, fees and
hours of operations; and
(e)
report to the City Manager all complaints,
comments and critical remarks of customers
about the golf course activities.
(2)
the operations of the pro-shop.
(3) Provide Instruction:
individual and group instruction.
Operating the Pro-Shop: The Consultant shall manage
The Consultant shall provide
The Consultant will notify the
City Manager of his fees and any changes to his fees.
(4) ReDair~ Storage. Rental and Sale~: Furnish golf
club equipment repair, storage, rental and sales.
(5) Management ~ervices: Provide management services
for golf course operational play including managing the golf course
and schedUling play.
(6) Junior Golf Operation: Promote and conduct the
junior golf operation.
(7) Driving Range: Managing the driving range.
(8) Improvements: Making recommendations to the City
Manager about improvements to the golf course facilities.
(9) ~rD_cLr~q~: Provide to the City Manager by September 1,
1995, a program to improve the marketing and operational activities
at the golf course. The program including its goals, objectives
and implementation procedures shall be reduced to writing and
reviewed annually by the Consultant and City Manager.
3. Relationship of Parties: The parties intend and agree
the Consultant is an independent contractor and not an agent or
employee of the City. The manner and means of fulfilling his
duties under this Agreement shall be under the sole control of the
Consultant. The Consultant shall devote his entire time and use
his best efforts to discharge his duties under this Agreement. The
Consultant shall comply with all city policies, state and federal
laws in discharging his duties under this Agreement. None of the
benefits provided by the City to its employees including, but not
limited to compensation, insurance, retirement benefits and
unemployment insurance are available to the Consultant. The
Consultant is responsible for the procurement of his own insurance
and complying with all federal and state laws on payroll,
disability and F.I.C.A. taxes.
4. Joint Cooperation: The
cooperation shall be maintained
closest collaboration and
by the Consultant with
representatives of the City and the City will be entitled at all
times to be advised, at its request, of the status of all
activities done by the Consultant and of the details thereof. The
City shall furnish to the Consultant all pertinent existing
information deemed necessary by the Consultant to be relevant to
the execution of the Project.
5. A. Concession and Dperation: Subject to the terms and
conditions set forth in this Agreement, the city hereby grants to
the Consultant an exclusive, nontransferable and personal
concession license ("concession license") to operate a pro-shop on
the city's municipal golf course, as more particularly described in
Exhibit "A" attached hereto and by this reference incorporated
herein (hereinafter referred to as the "Concession Facilities").
The Consultant may use the Concession Facilities to repair, store,
4
rent and sell golf equipment, golf clothing and apparel.
Consultant agrees to pay the City, in return for the license
granted herein, a basic concession fee of $200.00 per month plus
sales tax, payable on a monthly basis as long as this Agreement
remains in effect.
B. Duties of the Parties: The Consultant shall maintain
all equipment in the Golf Pro Shop used for the repair, storage,
rental and sale of golf equipment, golf clothing and apparel. The
City shall maintain the air conditioning, computer system and
equipment and fixtures attached to the realty. The City shall have
the rightto have personnel and equipment located in the Concession
Facilities. City personnel in the pro-shop may collect green fees,
cart rental fees and any other charges or revenues generated at the
golf course and pro-shop. The consultant agrees that all
transactions at the golf course or pro-shop shall be paid through
the City cashier. The Consultant shall provide all merchandise for
sale in the pro-shop and all range balls for the driving range.
The Consultant shall reimburse the City an amount equal to 3% of
the gross revenues on the use of the driving range as the cost of
retrieving range balls by the City. This amount shall be adjusted
every year by mutual agreement of the parties.~
The consultant shall
have the exclusive ric~trieve and ~e!l golf balls recovered
from water hazards at the golf course as long as the Consultant is
engaged by the City. The Consultant shall comply with all the
requirements of all public ~authorities and the terms of all state,
federal and local laws, ordinances and regulations. The consultant
claiming by, through or under the Consultant,
shall obtain all necessary licenses from all units of government.
The Consultant shall maintain during the term of this Agreement all
books, reports which the city shall reasonably require. The City
shall pay for the electricity, water, sewer and garbage collection,
if necessary, from the Concession Facilities, and the Consultant
shall pay all taxes arising from the operation of the Concession
Facilities. The City reserves, and shall at all times have, the
right to enter the Concession Facilities to inspect the same. The
City also reserves the right, from time to time, at the City's own
expense, to make renovations, repairs or changes, about and to the
Concession Facilities. The city also reserves the right to use the
Concession Facilities as long as such use does not interfere with
the Consultant's use of the facilities. The Consultant is granted
the concession license as long as the Consultant is engaged by the
City under this Agreement. If either party terminates this
Agreement under the provisions of paragraph 5D or paragraph 7 of
this Agreement, the concession license shall terminate on the day
the Consultant's engagement terminates.
C. Concession Facilities: It is expressly agreed and
understood between the parties hereto that nothing in this
Agreement shall be construed as empowering the Consultant to
encumber or cause to be encumbered the Concession Facilities in any
manner whatsoever. In the event that regardless of this
prohibition any person furnishing or claiming to have furnished
labor or materials at the request of the Consultant, or any person
shall file a lien
against the Concession Facilities, Consultant shall within thirty
(30) days after being notified thereof, cause such lien to be
satisfied of record or cause the Concession Facilities to be
released therefrom by the posting of a bond or other security as
prescribed by law, or shall cause same to be discharged as a lien
against the Concession Facilities by an order of a court having
jurisdiction to discharge such lien. In the event the lien is not
discharged as required above, the City may advance funds necessary
to discharge the lien and recover any amounts so paid from the
Consultant.
D. FAA Approval and Requlation: The City and the
Consultant acknowledge this Agreement may be subject to approval by
the Federal Aviation Administration ("FAA"). The parties
therefore, agree that in the event FAA approval is required and the
FAA refuses to either grant its approval or issue a letter of no
objection with respect to this Agreement, the parties shall modify
the terms of this Agreement in the manner and to the extent
necessary to obtain the FAA's approval. In the event any such
modification would serve to materially increase the obligations of
a party hereunder, the affected party may terminate this Agreement
upon giving thirty (30) days advance notice to the non-affected
party.
E. Authorization: The City authorizes the Consultant
while retained by the City to provide instruction on the driving
range and golf course. The Consultant is not authorized to enter
into any contracts, agreements or purchase orders on behalf of the
City without written consent of the City Manager.
6. Compensation Schedule and Pro Shop inventory:
(1) The Consultant will be compensated for the provision
of services described in this Agreement while the Consultant is
retained by the City by the payment of a professional fee in the
amount and in the manner set forth below (professional fee:)
A. The professional fee shall be an amount equal
to the gross revenues ("gross revenue")collected from~ locker
rentals, club storage, golf club rentals, golf club repairs, pro-
shop merchandise sales, instructional lessons, the sale of golf
balls recovered from water hazards on the golf course and the use
of the driving range, as defined in paragraph 6 (1) (B).
B. As used in Paragraph 6, the term "gross
revenue" shall include all payments, incomes and receipts of funds
from locker rentals, club storage, golf club rentals, golf club
repairs, pro-shop merchandise sales, instructional lessons, the
sale of golf balls recovered from water hazards on the golf course
and the use of the driving range. Notwithstanding anything
hereunder to the contrary "gross revenue" shall not include any
revenue from activities at the golf course not specifically
described in this paragraph. The City specifically reserves the
right to employ other personnel consisting of two golf
professionals at the golf course to provide instructional lessons.
The compensation from lessons provided by such personnel is
excluded from gross revenues.
C. At the conclusion of any business day occurring
during the term of this Agreement, the City shall pay to the
Consultant an amount equal to the professional fee payable with
respect to such business day. An audit of the operations of the
golf course performed by the City for any period occurring during
the term of this Agreement shall reflect the actual "gross revenue"
of the golf course operations for such period. If the actual
"gross revenue" of the golf course operation for any period as
determined by such audit shall be greater or less than the gross
revenue of the golf course operations used to compute the
professional fee payments during any period of this Agreement, the
City shall pay to the consultant any underpayments and the
Consultant shall pay to the City any overpayments of the
professional fee, as the case may be, within thirty (30) days after
completion of the audit. This Agreement shall be paid from any non
ad valorem tax revenues of the City which are not pledged as
security for the payment of any indebtedness of the City of
Sebastian.
D. On the termination of this Agreement the City
shall purchase from the consultant all logo goods at the wholesale
invoice price, provided such purchases shall not exceed $2,000.00
in total amount. Any item owned by the Consultant which the City
elects to retain in the Pro-Shop inventory after termination of
this Agreement shall be purchased by the City at the Consultant's
wholesale cost and payment shall be made to Consultant within 30
days from the date of the termination of this Agreement. Ail gift
certificates that are outstanding for the period of this Agreement
will be identified. The Consultant shall reimburse the City the
dollar amount of the gift certificate outstanding or redeemable, or
the city may credit the value of the inventory against any
inventory purchased by the City, or a combination of credit and
cash as agreed to by the City. On the termination of this
Agreement any items held in inventory for pro-shop sale which are
purchased by the City from the Consultant shall be valued by
verification of the Consultant's purchase receipts for such items.
(2) The Consultant shall obtain approval from the City
Manager prior to incurring any travel or lodging expenses on behalf
of the City. Travel expenses for the Consultant, when authorized,
shall be paid in accordance with the city of Sebastian policy and
Section 112.061 of the Florida Statutes.
(3) Gift certificates that are outstanding and
redeemable and issued by the city prior to July 17,
~ will be honored by the Consultant and the city will
reimburse the Consultant the dollar value of each certificate
honored.
(1) This Agreement shall become effective on September
27, 1995, and shall remain in effect for a period of two (2) years
from July 13, 1995 unless terminated for breach or as provided in
this Agreement. This Agreement may be terminated by either party
with or without cause. This Agreement shall supersede any prior
10
agreements between the parties. This Agreement may be canceled by
the City upon notice as set out in this Agreement without penalty
or cause.
(2) This Agreement may be terminated without cause by
written notice of either of the parties to the other party of an
intention to terminate this Agreement. Any such written notice
shall serve automatically to terminate this Agreement ninety (90)
days after the date such notice is sent to the other party via
certified or registered mail. If notice is given by either party
which terminates the engagement of the Consultant under this
Agreement with or without cause prior to the expiration of the
Agreement, the professional fee and rent payment shall be prorated
to the day of the consultant's termination.
(3) The City Manager may terminate the Consultant for
cause on twenty-four (24) hour written notice without penalty.
Cause for the purpose of this subparagraph means the use, sale,
dispensing, distribution, possession, or manufacture of illegal
drugs and narcotics or alcoholic beverages on City premises or work
sites or addiction to the use of intoxicants or drugs, chemical
dependency, the conviction of a felony.
8. Covenant Aq[ainst Continqent Fees: The Consultant
warrants that he has not employed or retained any company or
person, other than a bona fide employee working solely for the
Consultant to solicit or secure this Agreement and that he has not
paid or agreed to pay any person, company, corporation, individual
or firm, other than a bona fide employee working solely for the
Consultant any fee, commission, percentage, gift or any other
consideration contingent upon or resulting from the award or making
of this Agreement. For the breach or violation of this paragraph,
the City shall have the right to terminate the Agreement without
liability and, at its discretion, deduct from the Agreement price,
or otherwise recover, the full amount of such fee, commission,
percentage, gift or consideration.
9. ~9]L~A~9~: The Consultant shall be qualified to perform
the services described in this Agreement under federal, state and
local laws to perform such services. This is a personal service
contract and the Consultant shall personally furnish services under
this Agreement. Personnel retained by the Consultant who perform
services under this Agreement shall not be employees of the City.
This Agreement cannot be assigned. The City reserves the right to
provide employees that the City considers necessary for the
administration of the golf course facilities.
10. Responsibility of the Consultant:
(a) The Consultant is responsible for the professional
quality and effective operation for the City of Sebastian Golf
Course, and the efficient coordination of all activities, and other
services furnished under this Agreement.
(b) The Consultant will honor the provisions of existing
contracts executed by the city for services performed at the golf
course and will provide advice and assistance in contract
negotiations in the event it is determined to continue with the
contractual services.
12
11. Interest of Members of city and Others: No officers,
members or employees of the City and no members of its governing
body, and no other public official of the governing body of the
locality or localities in which services for the facilities are
situated or carried out, who exercises any functions or
responsibilities in the review or approval of the undertaking or
carrying out of this project, shall participate in any decision
relating to this Agreement which affects his personal interest, or
have any personal or pecuniary interest, direct or indirect, in
this Agreement or the proceeds thereof.
12. //k~AAr~k~: The Consultant agrees to the covenants and
shall provide insurance to the City in accordance with Attachment
I, which is incorporated by reference into this Agreement. The
Consultant will provide both liability insurance covering his
activities and a contract indemnification rider for Paragraph 17 of
this Agreement.
13. Interest of Contractor: The Consultant covenants that he
presently has no interest and shall not acquire any interest,
direct or indirect, which shall conflict in any manner or degree
with the performance of services required to be performed under
this Agreement. The Consultant further covenants that in the
performance of this Agreement, no person having any such interest
shall be employed. The Consultant shall not undertake any
professional work which conflicts with his duties as the City's
Consultant without the prior written consent of the City Manager
during the term of this Agreement.
13
14. Compliance With the Law: The Consultant expressly agrees
to comply with all laws and regulations relating to providing
services under this Agreement. The failure of the Consultant to
adhere to any law or regulation pertaining to furnishing services
under this Agreement shall constitute a material breach of this
Agreement.
15. ~: The waiver by the City of any of the
Consultant's obligations or duties under this Agreement shall not
constitute a waiver of any other obligation or duty of the
Consultant under this Agreement.
16. Public Entity: The Consultant shall file a sworn
statement with the City which is Attachment II stating whether a
person or affiliate as defined in Section 287.133 (1), Florida
Statutes, has been convicted of a public entity crime subsequent to
July 1, 1989, in accordance with the provisions of Section 287.133
of the Florida Statutes.
17. Indemnification: For $100.00 and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the Consultant shall pay, indemnify and save harmless
the City, its agents, guests, invitees and employees, from all
suits, actions, claims, demands, damages, losses, expenses,
including attorney's fees, costs and judgments of every kind and
description to which the City, its agents, guests, invitees or
employees may be subjected to by reason of injury to persons or
death or property damage resulting from or growing out of any
negligent act of commission, omission, or fault of the Consultant,
14
its agents or employees, committed in connection with this
contract.
18. Druq-Free Workplace: Consultant's drug-free workplace
policy is to prohibit in the workplace the unlawful possession,
use, dispensation, distribution or manufacture of controlled
substances. For purposes of this policy, "controlled substances"
include inhalants and illegal drugs. Alcoholic beverages are also
prohibited on the City's premises unless provided by a City
sponsored event. Violation of this policy will result in
disciplinary action up to and including termination of this
Agreement.
15
Depending upon the circumstances, other action, including
notification of appropriate law enforcement agencies, may be taken
against any violator of this policy.
In accordance with the Drug-Free Workplace Act of 1988, as a
condition of employment by the Consultant, staff members must
comply with this policy and notify management within five (5) days
of a conviction for any criminal drug violation occurring in the
workplace. Failure to do so will result in immediate termination
of employment by Consultant. We, in turn, will, as required by the
Act, report such convictions within ten (10) days of our learning
of the conviction to the appropriate federal agency. Any staff
member arrested in connection with a criminal drug violation
occurring in the workplace will be placed on personal leave of
absence without pay and could face termination of employment
pending the outcome of any legal investigation and conviction.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, the day and year first above written.
CITY:
ATTEST: THE CITY OF SEBASTIAN
Kathryn M. O'Halloran
CMC/AAE, City Clerk
Signed, sealed and delivered
in the presence of:
By:
Name:
Title:
CONSULTANT:
Name:
Name:
Patrick J. Cerjan
Consultant
16
I
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Craven Thompson &
Assoc., inc.
Approval For Submittal By:
City Manager
AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 09/08/95
For Agenda Of.' 09/27/95
Exhibits:
- Supplemental Agreement No. 5
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A
BUDGETED: N/A
REQUIRED: N/A
SUMMARY
The proposed miscellaneous engineering tasks requires the City Council to approve a
Supplemental Agreement to the existing contract between the City and Craven Thompson
& Associates, Inc. The purpose of this task is to provide the City with ongoing drainage
engineering support services that arise from time to time (sometimes day to day) and require
technical review and/or assistance. Examples of this type of task assignment would be to
investigate individual citizen complaints regarding drainage; recommending changes to
existing ordinances affecting drainage; and provide cost analysis for unrelated projects that
may require competitive bidding.
CRIk~IEN 1HOWIPSON
& ASSOCIkTES INC
Engineers
Planners
Surveyors
2770 Indian River Blvd.
Suite 301
Vero Beach, FL 3~
(4437) 778-3002
Fax (4O7) 569-9303
Home Office:
3563 N.W. 53rd Street
Forz Lau0erclale, FL 33309-6,311
i305) 739-6400
Fax (305) 739-6,,q39
September 7, 1995
Mr. Joel Koford
City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Via Delivery
Re:
Supplemental Agreement No 5.' Miscellaneous Drainage
Engineering Tasks
Dear Mr. Koford,
In accordance with our discussion yesterday, I am sending along
the proposed Supplemental Agreement No. 5 ' Miscellaneous
Drainage Engineering Tasks, for your review and approval.
This Supplemental Agreement is intended to cover the myriad
smaller tasks that we have encountered, and will continue to
encounter in response to the drainage works needed for the City,
including response to citizen complaints and pressing drainage
problems.
We hope this meets the needs of the City; however, should you
desire to make any changes, please mark it up and we will provide a
clean copy in accordance with your direction.
Thank you.
Sincerely,
/C'~-~ven Thom~.son & Associates, inc.
~John V.'~-Iill, P.E., Vice President
~d Engineer 17002
State of Florida
,1995
Supplemental Agreement No. 5
"FURTHER DESCRIPTION OF PROFESSIONAL SERVICES AND RELATED MATTERS"
Reference is made to the "Professional Services Agreement" dated June 16, 1995.
PROJECT NAME: Miscellaneous Drainage Engineering Tasks
SCOPE OF WORK: Miscellaneous Drainage Engineering Tasks as may be assigned to
Consultant by City, including, but not limited to:
i.
2.
3.
4.
5.
.
7.
8.
9.
investigation and recommendations on drainage problem areas
Engineering designs for drainage installations, renovations and repairs
Regulatory agency coordination and permitting
Cost and financing studies
FEMA matters
Review of drainage issues related to existing or new developments
Public outreach and infbrmation efforts
Assistance with City codes and ordinances
Other matters as directed by the City
PROFESSIONAL FEE:
The fees for the herein described services shall be based on Attachment #2 to the Contract.
CONSULTANT shall provide to CITY:
-five copies of all plans, reports, letters, and other documents;
-two copies of photographs or one set of reproducible photo negatives
-one copy of digital data or computer disks
Additional prints, copies, etc. as may be required by CITY or permitting agencies will be billed to
CITY by CONSULTANT at CONSULTANT's direct cost + ten percent for handling costs.
1995
Supplemental Agreement No. 5, (continued):
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year first written above.
CITY:
THE CITY OF SEBASTIAN
By:
Name: Joel L. Koford
Title: City Manager
CONSULTANT:
CRAVEN~THOMP~ON & ASSOCIATES, INC.
Name: John; V. Hill, P.E.
Title: Vice President
Address for giving notices:
1225 Main Street
Sebastian, Florida 32958
Address for giving notices:
2770 Indian River Boulevard, Suite 301
Vero Beach, Floricl,'l 32958
City of Sebastian
I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA TRANSMITTAl,
SUBJECT: FDOT Standard Approach)
Procedures (SIAP) )
Approval For Submittal By:
City Manager (~'~,~E/
)
)
)
)
)
)
)
)
)
)
)
)
)
AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 09/21/95
For Agenda Of: 09/27/95
Exhibits:
-Memo dated 9/19/95 from John
Van Antwerp to Joel Koford
- Letter Dated 9/11/95 from FDOT
Re: New Instrument Approach
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
The State of Florida Department of Transportation is now the cleating house for new
standard instrument approach procedures (SLAP) requests. The DOT is requesting
information from Cities such as Sebastian, regarding current airport approaches. The
information collected by DOT w/il assist the Federal Aviation Authority (FAA) in designing
new approaches and expedite new designs for Florida. This information will also allow us
to update our airport layout plan.
The Sebastian Airport does satisfy the basic eligibility requirements, but we need to
demonstrate an interest. A copy of the SIAP summary is attached for your information, as
well as a copy of the informative request and a proposed letter to the airport tenants as
prepared by John Van Antwerp.
The recommendation from John Van Antwerp is to have a Workshop Session with the airport
tenants and explore the Global Position System (GPS) instrument approach for Sebastian
Airport. However, if the City Council is of the opinion that this proposed system is not
desirable, no further action is required or necessary.
RECOMMENDATION
Establish a Workshop Session with airport tenants.
I
I
!Orandum
I Date: September 19, 1995
Subject: N~pproach for Sebastian Airport
I
I The St~ [orida is making inquiries about the int~,::
Positio m (GPS) instrument approaches at the .i
i Munici )orr. GPS is a cost effective, modem, st;t
system very accurate. At the present time the S~
has no tent approach of any kind. That means '~
I conditi below certain minimums the Airport is ~
arrivals means locally based aircraft and other a i
Sebasti eir destination have to go to either Ver{~
I Melbourne when the weather is down.
An instrurr.ent appro ach will be a tremendous advant~t.
I aircraft an¢ local busi ness that use the airport, Walm.~ ~
Sebastian }tospital tc name a few. For the Sebastian ~,
I serve the community it needs an instrument approach.
Although tltere are cz ,st inw ,lved I believe the
I costs. The e:quipmen' n,:ces ;ary is gral~t eligibl
sufficient t<~ provide na tchi ag funds.. I sugges
I between th,.' City Co m,'.il a/d the airl)ort user
instrument, approach at the Sebastian Airport.
i
I
I
The State of Florida is making inquiries about the interest in a Global
Position System (GPS) instrument approaches at the Sebastian
Municipal Airport. GPS is a cost effective, modem, state of the art
system that is very accurate. At the present time the Sebastian Airport
has no instrument approach of any kind. That means when the weather
conditions are below certain minimums the Airport is closed to aircraft
arrivals which means locally based aircraft and other aircraft that
Sebastian is their destination have to go to either Veto Beach or
An instrument approach will be a tremendous advantage to local based
aircraft and local business that use the airport, Walmart, Publix, and the
Sebastian Hospital to name a few. For the Sebastian Airport to properly
Although there are cost involved I believe the advantages justify the
costs. The equipment necessary is grant eligible and the airport fund is
sufficient to provide matching funds.. I suggest a workshop session
between the City Council and the airport users to further explore a GPS
FLORIDA
DEPARTMENT OF TRANSPORTATION
605 Suwannee S~'eeL Tallaha~,,~¢~, ~o~da 3239~ BEN ~. ~
SE~T~
A~ation Office
MS-46
September 11, 1995
Mr. J. L. Van Antwerp
Airport. Manager
Sebastian Municipal Airport
299 Airport Drive E
Sebastian, FL 32958
RE: New Instrument Approach for Sebastian Municipal Airport
Dear Mr. Van Antwerp:
With the increasing interest in global positioning system (GPS) instrument approaches
for airports, the FAA has requested that the Florida Department of Transportation
become the state clearinghouse for new standard instrument approach procedure
(SLAP) requests. Bob Clay of my staff is handling this responsibility. The FAA also
requested an initial priority list of proposed new SlAPs for Florida airports. Due to the
need to respond quickly, we provided a preliminary list based on very little information
from the airports. We are now revising the preliminary list based on information from
the airport managers and updated airport data. We need your input via the enclosed
questionnaire as soon as possible. We plan to send our first revision to the preliminary
list to the FAA by October 15, 1995.
We must clarify that we are not dealing with new GPS overlay approaches since they
are not stand alone approaches. Overlay approaches are duplications of existing
approaches to your airport with GPS fixes added. The FAA is now designing GPS
overlays for any existing non-precision approaches at your airport. This is happening
without the need for a request from you or us. The FAA has already completed and
published over 75 GPS overlays for Florida airports.
The issue that we are addressing is new, stand alone SlAPs. It does not matter
whether the new instrument approach to your airport would be accomplished by GPS,
ILS or MLS, we need the information. For airports that currently have no instrument
approaches, we have enclosed a brief information sheet that gives an initial insight into
some of the requirements for and costs and obligations of obtaining a new instrument
approach. Your airport sponsor may decide that the cost is not worth the benefit. For
this reason, we strongly suggest that you discuss this with your sponsor before you
return the questionnaire. The sponsor eventually has to sign off on all of the
obligations before the new approach can be designed.
We are preparing to advertise for consultant assistance with area navigation approach
surveys of the highest priority airports. This information will assist the FAA in
designing new approaches and expedite new designs for Florida. This information w~
1RECYCLE.[
PAPER
Airport Manager
September 11, 1995
Page 2
also allow you to update your airport layout plan so that new approach(es) can be
designed and provide documentation so they can be protected from incursion by off-
airport development, As part of this project, we will discuss necessary land use zoning
with you and your local government representatives.
New SlAP designs have been completed for Boca Raton and Herlong airports. SlAPs are
currently being designed for North Perry, Vandenberg, Arthur Dunn and Clearwater Air
Park. The FAA is accepting about four new SIAPs per year from us. We are working
toward a larger annual share for Florida. We cannot include your airport's priority
until we receive your questionnaire.
You may forward the completed questionnaire in the enclosed addressed and stamped
envelope or you may FAX it to (904)922-4942. Feel free to call either Bob Clay or
myself at (904)488-8444 ff you have any questions.
Sincerely,
~~aker, P,E.
Administrator
Aviation Development
Enclosures
Development of an Original
Standard Instrument Approach Procedure (SLAP)
Summary
Development of a standard instrument approach procedure (SLAP) to an airport not
already served by a procedure is a four step process invokcng:
1. Eligibility;
2. Approval;
3. Design; and
4. Verification.
Eligibility
To be eligible for an original (first for the airport) SIAP, the airport must be open for
public use and the sponsor must show that a reasonable need for the approach exists.
A reasonable need can be established by showing the airport is used by a certificated
air carrier, air taxi, or commercial operator, or, at least two aircraft operators whose
aviation activities relate directly to the commerce of the community.
To complete the requirements for eligibility, the sponsor must submit a statement
signed by the airport owner concurring with:
Establishment of the instrument approach procedure;
Establishment of controlled airspace from 700 feet above ground level (AGL) for
approximately 5 miles around the airport; and, acknowledging that the political
subdivision is aware and concurs that ff the FAA provides an instrument
approach procedure for the airport, controlled airspace of approximately five
nautical miles, 700 feet above the ground will be established around the airport;
Modifications to the applicable Federal Aviation Regulations (FAR) Part 77
imaginary surfaces for the affected runway(s). For example, the primary surface
surrounding the runway is 250 feet total width for visual or circling approaches,
but expands to 500 feet for a straight-in non-precision approach. This surface is
expected to be maintained free of obstructions. The airpo~ sponsor/owner who
is obligated by a Federal Grant Agreement must, insofar as it is within his/her
power and reasonably possible, have those objects removed which are
obstructions to air navigation, as determined by the criteria contained in FAR
Part 77, Subpart C. Negligence in accomplishing necessary obstruction clearing
could effect compliance obligations with existing or future Federal Grant
Agreements; and
Clearing the 20:1 (or 34:1 ff aPplicable) obstruction clearance slopes, the runway
object free area (OFA) which includes the runway obstacle free zone (OF'Z) and
the runway safety area (RSA) applicable for the airport in accordance with FAA
Advisory circular AC-150/5300-13 (Chapters 1, 2, 3, 4, 5 and Appendix 2).~
Page 1
Approval
After ehgibility is determined, an airport airspace analysis will be conducted by the
Federal Aviation Administration to change the status of the airport from VFR to IFR.
The Florida Department of Transportation will assist the owner with submitting Federal
Aviation Administration Fo.wn 7480- 1 (Notice of Landing .area Proposal) changing the
airport status from VFR to IFR or from non-precision to precision designated runway.
These forms will be provided to you in the initial eligibility stage. They may be
submitted earlier, but must be submitted at this point of the process in order for it to
continue.
To conduct the airspace analysis, four (4) copies of the approved airport layout plan
(ALP) for the airport must be submitted to the FAA. The design parameters for a new
SlAP are described in FAR Part 77 Objects Affecting Navigable Airspace, FAR Part 157
Notice of Construction, Alteration, Activatioru and Deactivation of Airports and AC
150/5300-13 Airport Design. These documents are for sale by the Superintendent of
Documents. U. S. Government Printing Office, Washington. D.C. 20402.
An FAA airspace analysis evaluates the airport, navigational facilities, obstacles,
lighting and marking, required clearances, availability of weather information, and
communications and environmental effects. The following information is assessed and
you may be requested to supply additional verified information concerning any of the
following:
1. The Airport:
The airport landing surface must be adequate to accommodate the types
of aircraft which can reasonably be expected to use the instrument
procedure.
Permanently installed RUNWAY EDGE LIGHTS (including
threshold/runway end lights), defining the lateral and longitudinal
boundaries of the runway are required to authorize night minimums.
Instrument runway markings (non-precision) are required if visibility
credit for approach lighting systems is to be given. As a minimum, paved
runways should be marked in accordance with FAA Advisory Circular AC
150/5340-1. (Marking of paved areas on airports)
Only circling minimums shall be approved where runways are not clearly
defined, i.e., unpaved or inappropriately marked runways.
Obstacle Lighting and Marking. Obstacles penetrating FAR Part 77 runway
approach slope surfaces ( and associated transitional surfaces) should be
removed or made conspicuous by marking and lighting in accordance with FAA
Advisory Circular AC 70/7460-1 Obstacle Marking and Lighting.
Weather Information. In order to authorize any procedure, an approved
altimeter setting source must be available. Installation of a local altimeter
source must meet the requirements of FAA Advisory Circular AC 91-14D
Altimeter Setting Sources. An automated weather observation system
Page 2
(AWOS/ASOS) may be advisable. Further information is available upon request.
Additionally, terminal weather observation (including approved altimeter) and
reporting facilities must be available for the airport to serve as an alternate
airport or to permit IFR operations by a certificated commuter, air taxi. or air
carrier operator.
Communications. Point-to-point communication, such as a public-use
commercial telephone, is required at the airport to file and close flight plans and
shall be available to the public 24-hours per day.
Environmental Effects. Fhght paths below 3,000 feet above ground level will be
evaluated for possible envirommental effects. If there are impacts which may
significantly affect the environmental status quo, you may be required to
conduct an environmental assessment and provide the FAA with an
environmental impact statement.
Required Clearances. Minimum Federal Aviation Administration safety
standards applicable to the 9'pc of airport are compulsory, At minimum, these
require cleared approach area and runway OFZ as defined in AC 150-5300-13.
The results of the airspace analysis may fmd:
1. No objection and the approach will be designed;
2. No objection provided certain conditions are met. The sponsor will be notified of
these conditions and once appropriate corrective action has been taken, the
approach will be designed; or
3. The development of the approach is objectionable and no approach will be
designed.
During the airspace analysis, the FAA will conduct an internal review of the proposal to
receive concurrence with all offices for the publication of the procedure. Without
concurrence the approach will not be designed. Some concerns may be:
1. FAA controlled air-to-ground communications capability must be available at
the initial approach f~x ~ altitude and when the aircraft executing the
missed approach reaches the missed approach altitude. At lower altitudes,
communications shall be required where essential to safe and efficient use of
airspace:
2. The proposed change of airport status is reviewed to include the current and
historical situation at the airport; and
3. A review of NAVAIDs is conducted to see if the facility can support the proposed
procedure.
Design
After receipt and verification of the information requested in the eligibility and
approval steps, the design of the instrument approach procedure will begin. The ~
Page 3
process of design and publication may take up to 18 months after instrument
approach procedure formulation has been requested. Lack of data or inaccurate data
can dday publication of the procedure, so the Florida Department of transportation is
contracting for assistance with area navigation approach surveys and data compilation
for appropriate airports.
Verification
All applicable electronic navigational and visual approach lighting facilities must
successfully pass ground and flight inspection by the FAA. The establishment of
controlled airspace, normally beginning 700 feet above ground level will be effective
concurrent with the publication of the procedure.
Page 4
Airport:
New Standard Instrument Approach Procedure
Information Request
Florida Department of Transportation
Aviation Office
Please print airport Name.
After reviewing the attached information on new standard instrument
approaches (including stand-alone GPS), are you and your airport owner
interested in developing a new.. instrument approach to one or more of your
runways? Please circle Yes or No.
Yes No
If No, please skip to the end of this questionnaire, sign and re~urru Thank you.
If your airport currently has no instrument approach, receiving an instrument
approach designation from the FAA will have an impact on land use in the
vicinity of your airport. All airspace at and above 700 feet above ground level
(AGL) within 5 nautical miles of the airport will become controlled. Ail future
towers, buildings and other structures in this area will be restricted to less than
500 feet. Further, construction height restrictions will be even more severe
along the 5 nautical mile approach path to the runway(s) as it descends from
700 feet to ground level.
Is your city or county commission willing to put in place and enforce zoning
ordinances to protect this controlled airspace? Please circle Yes or No.
Yes No
If No, please skip to the end of this questionnaire, sign and renirn. Thank you.
Please list in priority order the runway end and type of approach that you would
like designed. Indicate runway end and check desired type(s). Please indicate if
one of the runways is your primary runway.
Runway End
Primary? Circling Non-Precision Precision
Page 1
o
Have any of the above proposed approaches been surveyed and included in your
airport layout plan? Please circle Yes or No.
Yes No
If Yes, which ones?
Runway End
Circling Non-Precision Precision
Has the airport layout plan been approved by the FAA? Please circle Yes or No.
Yes No
Have any of the above runways received an instrument runway designation by
the FAA as a result of an airspace analysis? Please circle Yes or No.
Yes No
If Yes, which ones?
Runway End
Circling Non-Precision Precision
In general terms, a non-precision SlAP requires a 500 foot wide obstacle~free
area centered on the runway and extending 200 feet beyond the runway ends
with a 34:1 clear approach slope beyond that. A precision SlAP requires a 1000
foot wide obstacle-free area centered on the runway and extending 200 feet
beyond the runway ends with a 50:1 clear approach slope beyond that.
In your estimation, which of your proposed instrument runways currently meet
the specification for a non-precision SIAP?
Page 2
o
In your estimation, which of your proposed instrument runways currently meet
the specification for a precision SLAP?.
For which of your proposed instrument runways are you willing to clear
obstacles to meet the appropriate criteria? Please indicate the runway and t/me
frame (year) work will be complete.
Runway Year
Is the airport sponsor willing to pay the local share (up to 50% with state-only
grants) to update your airport master plan to include instrument runway
information? Please circle Yes or No.
Yes No
If Yes, in what time frame (year)?
Is the airport sponsor wilhng to pay the local share (up to 50% with state-only
grants) to mark, sign and hght the new instrument runway(s) according to FAA
specifications and continue to fund their operation and maintenance? Please
circle Yes or No.
Yes No
If Yes, in what time frame (year)?
Runway Year
Page 3
Are FAR Part 135 operations (air carrier, air taxi, or other commercial operator)
currently conducted at your airport? Please circle Yes or No.
Yes No
If No, in what year do you anticipate that Part 135 operations may begin at your
a.~-port?
10.
If your airport does not currently have Part 135 operations, are there two or
more aircraft operators, based at your airport, whose activities relate to the
commerce of the community that will use the proposed new instrument
approaches? Please circle Yes or No.
Yes No
If No, in what year do you anticipate that these types of act_iv/ties may begin at
your airport?
1 1. Do you have any co~.m-nents or special requirements?
THE FOLLOWING SIGNATURE VERIFIES THAT THE PRECEDING INFORMATION IS
REASONABLY ACCURATE AND IS FORWARDED WITH THE FULL KNOWLEDGE AND
CONCURRENCE OF THE AIRPORT MANAGER AND SPONSOR:
Signature
Date
Printed Name
Thank you for your patience with these questions. If you indicated a need for a new
instrument approach, we will place your airport on our new SIAP priority list and notify
the FAA when we receive this questionnaire with a signature and date. Further, we may
contact you for additional information on your airport layout as appropriate.
~ Page 4
City of Sebastian
I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
September 19 1995
Sebastian Airport tenants
Sebastian Municipal Airport
Sebastian Florida
The State of Florida is maldng inquiries about, the interest in a Global Position
System (GPS) instrument approaches at the Sebastian Municipal Airport. GPS is a
cost effective, modem, state of the art system that is very accurate. At the present
time the Sebastian Airport has no instrument approach of any kind. If you or your
customers have an interest in Sebastian getting a GPS approach please contact the
Airport Manager or the City Manager in writing.
Although there are cost involved I believe the advantages justify the costs. The
equipment necessary is grant eligible and the airport fund is sufficient to provide
matching funds.. I suggest a workshop session between the City Council and the
airport users to f~ er explore a GPS instrument approach at the Sebastian airport.
John Van Antwerp
Airport Manager
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: FIRST READING OF
ORDINANCE 0-95-26 AMENDMENT TO
LAND DEVELOPMENT CODE SECTION
20A-3.8(A)D(8) REGARDING C-512
LANDSCAPE REQUIREMENTS
City Manager
Agenda Number:
Dept. Origin: Community Development
(BC)
Date Submitted: 09/21/95
For Agenda Of:
09/27/95
Exhibits:
1. Ordinance 0-95-26
2. Planning & Zoning memo dated
3/17/95
3. Excerpt of City Council minutes
of 4/26/95
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At the regular meeting of April 26, 1995, City Council discussed changing
Section 20A-3.8(A)D(8) of the Land Development Code as recommended by the
Planning and Zoning Commission. The new language as reflected in the
attached Ordinance 0-95-26 is intended to clarify the intent of the code
which requires a buffer strip to provide screening of the district from
residentially zoned property.
RECOMMENDED ACTION
Move to approve the first reading of Ordinance 0-95-26 and set the public
hearing for October 11, 1995.
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE:
March 17, 1995
Mayor, City Council
Dorri Bosworth, Secretary/~,~
Planning and Zoning Commission
Amendment to Section 20A-3.8(A).D.8 -
Required Landscaping for the C-512 District
At its regular meeting of March 16, 1995, the Planning and Zoning
Commission passed a motion 7-0 recommending to City Council to
amend the above referenced section of Sebastian's Land Development
Code.
It states "Real yard landscape requirements: A rear yard buffer
strip shall be required pursuant to subsection 20A-10.2.F. in order
to provide satisfactory screening of the district from abutting
residentially zoned property".
The intent of the recommendation is to remove any ambiguity
regarding the requirement of the rear yard buffer strip along
"abutting" residential properties. Because of the alleyway/utility
road that runs behind most of the commercial lots, they do not
actually abut the residential properties.
The Planning and Zoning Commission's recommendation is to only
remove the word "abutting" from the requirement.
Regular City Council
April 26, 1995
Page Fourteen
95.083
95.084
MOTION by Corum/Cartwright
I make a motion for Council to approve the 1st
reading and set the public hearing for 6/14/95 with
the changes made here tonight for Ordinance No. 0-95-
11.
ROLL CALL:
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Proposed Amendment t_~o La~ Development Code -
Section 20A-3.8(A)D(8) Re: C-512 LandscaDe
R~.quirements (Director o~f Community Development
Transmittal dated 4/18/95, P & Z MemQ dated
3/17/95, LDC Section)
MOTION by Cartwright/Damp
I move that we approve the proposed amendment
to the Land Development Code with deletion of the
word "satisfactory".
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
~ aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Proposed Comprehensive Land Use Plan Amendment
and Rezoninq c Sebastian Christian Church - Tract
F, Sebastian Highlands Unit 17 - Schedule Quasi-
Judicial Hearinq /Director of Community
Development Transmittal dated 4/17/95,
Applications, P & Z Recommendation dated ~
LDC Sections, CLUP Policies)
MOTION by Halloran/Cartwright
I move that we schedule a quasi-judicial hearing
for 95.084 for June 14, 1995.
14
Regular City Council
April 26, 1995
Page Fifteen
95.067
14.
ROLL CALL:
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
CITY COUNCIL MATTERS
A. Mrs. Louise Cartwri hq~
None.
B. Mrs. Norma Damp
Mrs. Damp suggested the City install a phone system
for emergency public information; asked about status
of the residential parking ordinance; and inquired
whether two sets of engineering consultants will be
selected.
C. Mr. Raymond Halloran
Mr. Halloran suggested better communication for water
outages and presented a form to the City Clerk which
can be faxed to Coastal Cable for immediate
broadcast.
D. M_~yor Arthur Firtion
Amend Liaison Appointment to Economic
Development Council {No Backup)
Vice Mayor Corum requested that Mrs. Damp take the
Economic Development Council. Mrs. Damp did not
accept the position.
Mayor Firtion referred Mrs. Damp to the April 5, 1995
minutes in response to her question about consultant
selection. He said the paper indicated that five
would be selected rather than two sets of three
which was what Council directed.
The City Manager said the way in which the RFP was
written may affect the selection. The City Attorney
said he would review the RFP to determine if this
would be allowable.
15
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A~
SECTION 20A-3.8(A) d(8) OF THE CITY OF
SEBASTIAN LAND DEVELOPMENT CODE TO AMEND THE
REAR YARD LANDSCAPE REQUIREMENTS; TO PROVIDE
SUFFICIENT SCREENING FROM THE ZONING
DISTRICTS; TO MAKE CORRECTIONS IN THE LAND
DEVELOPMENT CODE; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS
ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN, FLORIDA; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR
RATIFICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Sebastian, Florida,
has determined that it is in the public interest to amend the rear
yard landscape requirements to provide sufficient setbacks from
other zoning districts; and
WHEREAS, the City Council of the City of Sebastian, Florida,
finds that Section 20A-3.8(A) of the Code of ordinances, City of
Sebastian, Florida, should be amended to clarify and restate the
language in the Land Development Code.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That Chapter 20A, Section 20A-3.8(A) of the Code
of ordinances, City of Sebastian, Florida in the City of Sebastian
Land Development Code is hereby amended to read as follows:
Sec. 20A-3.8(A). C-512, Commercial 512 District.
A. Purpose and intent. The C-512 district is established to
implement comprehensive plan policies for managing land designated
for Commercial (C-512) development along segments of County Road
(CR) 512 below defined:
1. SDecific area included in C-512 district.
This district
is intended to include all lots abutting the south side
of County Road 512 which are included in the following
blocks located within respective plats of the Sebastian
Highlands Subdivision: Blocks 485, 490, 492, 508 and 509
located within Plat Unit 12; Tract A located within Plat
Unit 14; Blocks 188 and 189 located within Plat Unit 6;
and Blocks 185, 186 and 187 located within Plat Unit 8.
The linear distance of the C.R. 512 arterial is
approximately ten thousand (10,000) linear feet or 1.89
miles. The district includes approximately two hundred
fifteen (215) platted lots of record, eleven (11)
dedicated roadways intersecting with C.R. 512, and two
(2) dedicated alleys intersecting with C.R. 512. Along
the ten thousand (10,000) linear feet of C.R. 512, the
existing platted lands yield a potential for two hundred
twenty-eight (228) total curb cuts into C.R. 512, an
average of one curb cut for every forty-four (44) feet of
road frontage.
Traffic impacts alonq C.R. 512 corridor. The purpose and
intent of the C-512 district is to provide a well planned
and equitable growth management policy for directing
future development within the impact corridor of the C-
512 district boundaries above defined. The existing
pattern of development without such regulation violates
accepted principles and practices of traffic engineering,
county road policies and standards, and adversely impacts
the safety, welfare and convenience of the motoring
public. This statement acknowledges the fact that C.R.
512 is identified as an arterial highway on the major
thoroughfare plans of both the city of Sebastian and
Indian River County. Both acknowledge the fact that C.R.
512 is a major regional transportation facility linking
U.S. 1 and 1-95 and also linking the cities of Sebastian
and Fellsmere with Indian River county and the city of
Vero Beach urban areas to the south.
Plan for off-street parkinq and controlled curb cuts.
The purpose and intent of the C-512 district is also to
restrict the location of curb cuts within the district,
require compliance with a master plan for parking and
curb cut control, and regulate the timing and intensity
of land development in order to alleviate potential
traffic congestion along the C.R. 512 corridor. Although
land within this district is at present i~i~i~
~~-~ undeveloped, if the regulations prescribed
herein were not duly adopted, future development within
this district would generate unsafe and dangerous
conflicts in traffic flow along C.R. 512.
3
B. Permitted uses. In this district, as a permitted use, a
building or premises may be used only for the below stated uses.
All applicable provisions of this code shall be satisfied,
including, but not by way of limitation, site plan review and
performance criteria.
Permitted uses: Limited commercial activities, general retail
sales and services, cultural or ~i~ ..... activities, places of
worship, public or private not-for-profit administrative services,
public or not-for-profit clubs, business and professional offices,
medical services, plant nurseries, restaurants (excluding drive-
in), trade and skilled services, enclosed commercial amusements
(without i~~~ a=~=e~e~ beverages) and accessory uses.
C. Conditional uses. in this district, as a conditional
use, a building or premises may be used for only the following
conditional uses upon compliance with applicable conditions stated
in Article Vi and all other applicable provisions of this code,
including, but not by way of limitation, site plan review and
performance criteria. The Planning and Zoning Commission shall
ascertain if such conditions and provisions are satisfied. Appeal
of such decisions shall be heard by the City Council.
Conditional uses: Public protective and emergency services,
gasoline sales, public and private utilities, public parks and
recreational areas, child care facilities, nursing homes, hotels
and motels with kitchen facilities in units, transient quarters
with kitchen facilities, veterinary medical services and accessory
uses.
Size and dimension criteria:
Minimum lot size: None; except twenty thousand (20,000)
square feet for new subdivisions approved subsequent to
the adoption of this ordinance.
Minimum lot width: None; except one hundred twenty-five
(125) feet for the new subdivisions approved subsequent
to the adoption of this ordinance.
Minimum lot depth: None; except one hundred sixty (160)
feet for new subdivisions approved subsequent to the
adoption of this ordinance.
Maximum heiqh~: 35 feet.
Minimum buildiD~ setbacks from proDerty lines:
(a) Front yard: Abutting C.R. 512: 74 feet.
(b) All other front yards: 10 feet.
(c) Side yard: None if the building is built to the
side property line(s); otherwise a minimum of 10
feet.
(d) Rear yard: 10 feet.
(Ord. No. 0-93-01, § 20,2-24-93)
Maximum bui!d..in~ coveraqe: 35 percent
~i~imum open space (pervious surface):
~i~ Rc~l yard landscaDe requirem_e~nts:
20 percent.
A rear yard
buffer strip shall be required pursuant to subsection
20A-10.2F in order to provide -~-~-~~~~ screening of
the district from ~ residentially zoned property.
E. Unified control of land. Ail development proposals
having C-512 designation must demonstrate that all land within the
project is held under common ownership whether the proposal is
submitted by an individual, a trust, a joint venture, an
association, a limited liability company, a partnership or a
corporation.
F. Mandatory compliance with master_Darkin~ and curb cut
control plan (MPCCCP). The MPCCCP is hereby adopted by reference
and shall apply to all developments within the C-512 district (s~
Appendix B).
G. Expansion of uses to adjacent lot[s~. An existing
permitted land use within the C-512 district may be expanded to an
adjacent lot or lots of less than one hundred twenty (120) feet
width providing that the following conditions are met and the site
plan for the expansion is approved by the planning and zoning
commission:
1. The subject lot or lots shall be under unified control
with the adjoining subject developed properties pursuant
to subsection 20A-3.SA(E);
2. All such extensions must be constructed as a contiguous
extension to an existing structure on the adjoining lot.
3. The proposed development shall comply with all codes and
ordinances of the city of Sebastian and reasonable
conditions affixed to the site plan by the Planning and
Zoning Commission and/or the City Council.
H. Compatibility of buildin~ lines. No principal structure
~.~ ~itk the C-512 district shall be set back more than eighty-
four (84) feet from the front property line in order to ensure a
uniform pattern of development along the C.R. 512 corridor.
(Ord. No. 0-87-23, § 1, 1-13-88; Ord. No. 0-90-08, § 1, 9-12-90)
Section 2. All provisions of the city of Sebastian Land
Development Code which are not specifically amended by this
Ordinance are hereby ratified and confirmed.
Section 3. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed. If any provision of this Ordinance
is held to.be invalid or unenforceable by a court of competent
jurisdiction, the other provisions of this Ordinance shall remain
in full force and effect.
Section 4. 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 Land Development Code 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 words
to accomplish such intention.
Section 5. This Ordinance shall become effective immediately
upon its adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THIS DAY OF .., 1995.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN,
FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF
, 1995.
The foregoing Ordinance was
Councilmember
by councilmember
into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
moved for adoption by
The motion was seconded
and, upon being put
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1995.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 tn FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Joint Participation
Agreement, (JPA)
Approval For Submittal By:
City Manager
AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 09/18/95
For Agenda Of.' 09/27/95
Exhibits:
- Resolution No. R-95-56
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
The attached Joint Participation Agreement (JPA) with the Florida Department of
Transportation (FDOT) is in the mount of $475,000, which represents the State's funding
share for the RW 4/22 Reconstruction/Overlay. This figure represents 90% of the
anticipated project costs. The City share represents 10% or $52,800, and is available in the
Airport Enterprise Fund.
RECOMMENDATION
Authorize the Mayor to execute and the City Clerk to attest the State of Florida Department
of Transportation Public Transportation joint Participation Agreement on behalf of the City
of Sebastian.
RESOLUTION NO. R-55-56
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST A JOINT PARTICIPATION
AGREEMENT (GRANT) WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR RECONSTRUCTION
AND OVERLAY OF SEBASTIAN MUNICIPAL AIRPORT RUNWAY
4-22 IN THE AMOUNT OF $475,200.00; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida,
desires to enter into a Joint Participation Agreement with the Florida Department of
Transportation to obtain funding for the reconstruction and overlay of Sebastian Municipal
Airport Runway 4/22; and
WHEREAS, entering into this Agreement will result in the City of Sebastian
receiving up to $475,200.00 in grant funds for the purpose of this project from the Florida
Deparunent of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
~E_QTI_OJ~[~ AGREEMENT. The Mayor is hereby authorized to enter into
and the City Clerk to attest the State of Florida Department of Transportation Public
Transportation Joint Participation Agreement on behalf of the City of Sebastian (a copy of
said Supplemental Agreement being attached hereto as Exhibit "A").
SECTION 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
~F..~J.I_O_.~. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision, it shall further be assumed that the City Council would have enacted the
remainder of this Resolution without such invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
~ EFFECTIVE DATE. This Resolution shall take effect immediately
upon its adoption.
The foregoing
Resolution
was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Louise Cartwdght
Councilmember Norma Damp
Councilmember Raymond Halloran
The Mayor thereupon declared this Resolution duly passed and adopted this
day of
,1995.
CITY OF SEBASTIAN
By:
Arthur L. Firtion, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland, Jr., City Attorney
STATI~ OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
FORM
PUBLIC TRANSP ADMIN - 03/05
Page {. of 11
WPI No: ,4R25310 Fund: 010
Function: 637
/ob No: RROOO-'{R9(~ Federal No: N/A
Contract No:
SAMAS Approp: 088719
SAMAS Obi · 700007
Org. Code: fi~f142010421R
Vendor No.: VF 596 000 427 004
THIS AGREEMENT, made and entered into this day of , 19.__,
by and between the STATE OF FLORiDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Th~ Ci~ Of .q~ha~qfian. Indian River Caunty.a Municipal Cc~rporaficm
hereinafter referred to as the Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under
F S_ 't~2 006 (6) , Florida Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purose of this Agreement: RW 4/22 Reconstruction/Overlay
and as further described in Exhibit(s) ... A~ n: C & F attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will
be undertaken and completed.
FORM 7734130-06
PUBLIC TRANSP ADMIN - 03/95
Page 2 of 11
2.00 Accomplishment of the Project:
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A"
attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient
manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement
or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including
federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in
Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 528~000 This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency
agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the
project in the amount of $ 47qJ;2f}O as detailed in Exhibit "B", or in an amount equal
to the percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date
of this Agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding: From end funding (ix) (is not) applicable. If applicable, the Department may initially pay
100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph
4.00.
5.00 Retainage: Retainage (is) (is not) applicable. If applicable, N/A percent of the Department's total share of
participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before
the completion of the final project audit.
6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The
Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project
funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective
unless it complies with limd participation requirements established in paragraph 4.00 of this Agreement and is approved by the
FORM 72&030-06
PUBLIC TRANSP ADMIN - 03192
Pag*3 of 1!
6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project
or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs
incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local
Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such
accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made
available to the Department upon request any time during the period of the Agreement and for five years after final payment
is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments
received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise
received on account of the project, which Department payments and other funds are herein collectively referred to as "project
funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of
the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by
the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the
security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project.
Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the
Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed
by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers
evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file
in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls,
invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be
clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents.
7.60 Audit Reports: The Agency shall provide to the Department for each of its fiscal years for which the project
account remains open, two audit reports prepared either by its official auditor or audit agency or an independent certified public
accountant, reflecting the use of the funds of the Department, the Agency, and those from any other source with respect to the
I Audits shall be in accordance with generally accepted auditing standards contained in the
project.
performed
government
"Standards for Audit of Governmental Organizations, Programs, Activities and Functions", issued by the U. S. General
Accounting Office and OMB Circulares A-128 or A-133 where applicable. The Agency shall require its auditors to include
in their report a schedule of project assistance as described in Exhibit "A", Special Considerations.
7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities,
the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost
equipment or facility.
In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport ru~
FORM 725-030416
PUBLIC TRANSP ADMIN - 03/95
Page a of 11
Department may waive or modify this section with an Exhibit "C".
8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of
Transportation, District Four Public Transportation Office 3400 We.qt Commercial Floulevard~ Fort Lauderdale~
Florida 33300-3421 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project
account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices fbr fees or other compensation for services or expenses shall be submitted in detail sufficient
for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The
Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes.
8.13
(1)
(2)
(3)
For real property acquired, submit;
the date the Agency acquired the real property,
a statement by the Agency certifying that the Agency has acquired said real property, and actual
consideration paid for real property.
a statement by the Agency certifying that the appraisal and acquisition of the real property together
with any attendant relocation of occupants was accomplished in compliance with all f~:deral laws, rules
and procedures required by any t~deral oversight agency and with all state laws, rules and procedures
that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions
in mounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the
eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing
not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its
application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished
therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any
of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the
project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which,
under this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
8.24
herein; or
Conflict of Interests: There has been any violation of the conflict of interest provisions contained
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to
.3 e project suspends or terminates federal financial assistance to the project. In the event of suspension or termination
federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
0 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
FORM 7~g)304)6
PUBLIC TRANSP ADMIN - 03/9~i
Page $ of 11
incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved
budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have
not been approved in writing by the Department.
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for
work or services done under any public transportation joint participation agreement which it has with the Agency owing such
amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall
not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: if the Agency abandons or, before completion, finally discontinues the
project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible,
impossible, or illegal, the Department will, by written not/ce to the Agency, suspend any or all of its obligations under this
Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the
Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination
or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be,
project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs
upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts;
and other undertaldngs the cost of which are otherwise includable as project costs; and (3) remit to the Department such
portion of the financing and any advance payment previously received as is determined by the Department to be due
under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest
schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the
Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The
approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not
constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or
Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, Florida Statutes and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency
shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and inspection: The Agency shall permit, and shall require its contractors to permit, the Department's
authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts
pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds,
including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with
respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause
for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the r~
to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same.~, ~ ~ }
FORM 725,0'30-06
PUBLIC TRANSP ADMiN - 03191;
Page 6 of 11
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is confngent on the Agency complying in full with provisions of Chapter 287,
Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the
Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in
49 CFR Part 23, as amended, shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 23,
as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 23, as amended, have the maximum opportunity to participate in the
performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary
and reasonable steps in accordance with 49 CFR Part 23, as amended, to ensure that the Disadvantaged Business
Enterprises have the maximum opportunity to compete fbr and perfbrm contracts. Grantees, recipients and their
contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of
Department assisted contracts.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The
Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the
following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the
foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the
development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall
require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial
supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or
similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project
work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification
that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252),
the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant
thereto.
13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification
that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 VSC 3601,et
seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex,
disability and familial status.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes
a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal
nt issued thereunder, and the assurance by the Agency pursuant thereto.
5.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
FORM 725-O'30.06
PUBLIC TRANSP ADMIN - 03195
Page 7 of 1 !
contract, subcontract, or arrangement in connection with thc project or any property included or planned to be included in the
project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any
interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired
prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency
with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present
member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or
arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or
planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following
provision:
"No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest,
direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or
to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing
of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with
applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for
any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to
any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall
exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held
invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to
conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance
with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided,
that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department
in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that
the Agency may proceed as soon as possible with the project.
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and
equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such
facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The
of sai
Agency further agrees to maintain the project facilities and equipment in good working order for the useful life
FORM 725-030-06
PUBLIC TRANSP ADMIN - 03195
Page g of 11
or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit
to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional
amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this
Agreement.
14.90 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents or employees from all suits, actions, claims, demands, liability of any
nature whatsoever arising out of, because of, or due to breach of the Agreement by the Agency or its subcontractors, agents
or employees or due to any negligent act, or occurrence of omission or commission of the Agency, its subcontractors, agents
or employees. Neither the Agency nor any of its agents will be liable under this section for damages arising out of injury or
damage to persons or property directly caused or resulting from the negligence of the Department or any of its officers, agents
or employees. The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes
or any similar provision of law.
Contractor's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate and
associate with the Department in the defense and trial of any damage claim suit and any related settlement negotiations, shall
be triggered by the Department's notice of claim for indemnification to Contractor. Contractor's inability to evaluate liability
or ils evaluation of liability shall not excuse Contractor's duty to defend and indemnify within seven days after such notice by
the Department is given by registered mail. Only and adjudication or judgment after highest appeal is exhausted specifically
finding the Department solely negligent shall excuse performance of this provision by Contractor. Contractor shall pay all costs
and fees related to this obligation and its enforcement by the Department. Department's failure to notify Contractor of a claim
shall not release Contractor of the above duty to defend.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the
constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and
specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written
approval with any approved portions of the project and comments or recommendations concerning any remainder of the project
deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval
shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility,
that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of
more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated:
(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into
ny contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as
vailable for expenditure during such fiscal year. Any contract, verbal or written, made in violation of
FORM 725-030-O6
PUBLIC TRANSP ADMIN - 03195
Pag, 9 of 11
this subsection is null and void, and no money may be paid on such contract. The Department shall
require a statement from the comptroller of the Department that funds are available prior to entering into
any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for
the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this
paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in
excess of 25,000 dollars and which have a term for a period of more than I year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
.qo~pmmber 30 1007 If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary,
District l:nur Expiration of this Agreement will be considered termination of the project and the
procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after
the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
20.00 Execution of Agreement: This Agreement may be simul'taneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same
instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf
of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant,
loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting
to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected and a~
FORM 725-030-O6
PUBLIC TRANSP ADMIN - 03195
Pago 10 of 11
if a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.22(3)(b) will be due and payable, in addition to the invoice
amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined
by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which
have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Depa~iment. The Vendor Olnbudsman maybe contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-
848-3792.
FOIUVl 725-O3O-O6
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Pag~m 11 of
WP[ NO. 482531O
JOB NO.
Contract No.
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY: The City Of Sebastian,Indian River County,
a Muniacipal Corporation
DATE FUNDING APPROVED BY COMPTROLLER
(SEE ATTACHED ENCUMBRANCE FORM)
I BY:
I
TITLE:
I
APPROVED AS TO FORM, LEGALITY
ATTORNEY
DEPARTMENT OF TRANSPORTATION
ATTEST:
(SEAL)
DISTRICT SECRETARY
OR
DIRECTOR OF PLANNING AND PROGRAMS
ITITLE:
ATTEST:
EXECUTIVE SECRETARY
OR
NOTARY
(SEAL)
RECYCLED PAPER
WPI NO. 4825310
JOB NO. 88000-3890
CONTRACT NO.
EXHIBIT "A"
PROJECT DESCRIFrlON AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and _The City Of Sebastian, Indian River
County, a Municipal Corporation
dated
PROJECT LOCATION: Sebastian Municipal
PROIECT DESCRIPTION: RW 4/22 Reconstruction/Overlay
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project
assistance that will reflect the Department's contract number, WPI number and Job number and
the Federal Identification number, where applicable, and the amount of state funding action
(receipt and disbursement of funds) and any federal or local funding action and the funding action
from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
June 1995
WPI NO. 4825310
JOB NO. 88000-3890
CONTRACT NO.
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and _The City Of Sebastian, Indian River
County, a Municipal Corporation
dated
I. PROJECT COST:
$528,000
II.
TOTAL PROJECT COST:
PARTICIPATION:
Maximum Federal Participation
FTA, FAA ( 0 %)
Agency Participation
In-Kind ( 10 %)
Cash ( %)
Other ( %)
$528,000
Maximum Department Participation,
Primary
(DS)(DDR)(DIM)(PORT)
Federal Reimbursable (DU)(FRA)(DFTA)
Local Reimbursable (DL)
( 90 %) or
( %) or
( %) or
TOTAL PROJECT COST
or $ -0-
$ 52,800
$
$
$475,200
$
$
$528,000
Jua~ 1995
WPI NO. 4825310
lOB NO. gg000-3g90
EXHIBIT "C"
(GENERAL)
This exhibit forms an integral part of that certain loint Participation Agreement between the State
of Florida, Department of Transportation and The City Of Sebasti:an~ River County~a Municipal
Corporation
dated
Documents required to be submitted to the Department by the Agency in accordance with the
terms of this Contract.
RIIBMITTAL / CERTIFICATION
Consultant Selection Compliance
Design Submittal **
90%
100%
BASIS FOR ACCEPTANCE
Agency Attorney's Certification
Department Comment
Department Letter
Construction/Procurement Contracts Department Letter
Safety Compliance
Release of Notice To Proceed
Annual Audit Reports
Completion per Specifications
a) Department Review
b) Agency Certification
Department Letter
Agency Certification
Agency Certification
Plans, Specifications, Engineering Repons
(1) set to be sent to: Mr. Irwin L. Oster, P.E.
3400 W Commercial iBlvd
Fort Lauderdale, F1 33309
Mr. Russ Tagliareni, P.E.
Office of Aviation, M.S. 46
605 Suwannee Street
Tallahassee, Florida 3239%0450
WPi NO. 4825310
JOB NO. 88000-3890
CONTRACT NO.
EXHiBIT "F"
SPECIAL AIRPORT ASSURANCES
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and _The City Of Sebastian, Indian River
County, a Municipal Corporation
dated
I. GENERAL
These assurances shall be complied with in the performance of master planning,
land acquisition, economic development or capital improvement projects which
contain NO federal funds.
Upon acceptance of this loint Participation Agreement by the sponsor, these
assurances are incorporated in and become a part thereof.
II. DURATION
The terms, conditions and assurances of the grant agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for any airport
development project, but in any event not to exceed twenty (20) years from the date of acceptance
of a grant agreement utilizing state funds for the project. However, there shall be no limit on the
duration of the assurances with respect to real property acquired with project funds.
III. SPONSOR CERTIFICATION
The sponsor hereby assures and certifies, with respect to this grant:
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It has sufficient funds available for that portion of the project costs not paid for by the
State. It has sufficient funds available to assure operation and maintenance of items it will
own or control funded under the grant agreement.
June 1995
bo
It holds good rifle, satisfactory to the Department, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Department, that good title will be
acquired.
If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient fights and authority to ensure that the airport will be operated and maintained
in accordance with the Federal Airport and Airway Improvement Act of 1982, or
successive legislation; the regulations and the terms, conditions and assurances in the grant
agreement; and shall ensure that such arrangement also requires compliance therewith.
It will adequately clear and protect the aerial approaches to the airport by removing,
lowering, relocating, marking, or lighting, or otherwise mitigating existing airport hazards
and by preventing the establishment or creation of future airport hazards.
It will make its airport available as an airport for public use on fair and reasonable terms.
It will permit no exclusive fights for the use of the airport by any persons providing, or
intending to provide aeronautical services to the public.
All revenues generated by the airport will be expended by it for the capital or operating
costs of the airport, the local airport system, or other local facilities owned or operated by
the owner or operator of the airport and directly related to the actual aerial transportation
of passengers or property.
Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the
airport showing (1) boundaries of the airport and all proposed additions thereto, together
with the boundaries of all offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto; (2) the location and nature of all existing and
proposed airport facilities and structures (such as runways, taxiways, aprons, terminal
buildings, hangars and roads), including all proposed extensions and reductions of existing
airport facilities; and (3) the location of all existing improvements thereon.
Juno 1995
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City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Brian E. Barry, Airport
Lease
Approval For Submittal By:
City Manager 9/t~--~
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AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 09/18/95
For Agenda Of: 09/27/95
Exhibits:
-Resolution R-95-58
-Planning and Zoning Recommendation
- Proposed Airport Lease Between the
the City of Sebastian & Brian E. Barry
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A
BUDGETED: N/A
REQUIRED: N/A
SUMMARY
During the regular scheduled City Council Meeting of August 10, 1994, the City Council
approved the proposed Airport Lease between the City of Sebastian and Brian E. Barry,
pending Planning and Zoning review and subject to suggested lease document amendments
from the City Attorney.
The attached proposed lease was prepared by the City Attorney and the applicant has
received approval from the Planning and Zoning Commission. A copy of the Planning and
Zoning recommendation is also attached.
RECOMMENDATION
Adopt Resolution R-95-58 and authorize the City Manager to execute and the City Clerk to
attest the proposed Lease Agreement between the City of Sebastian and Brian E. Barry for
three (3) acres of land at the Airport as depicted on Schedule "A" of the proposed lease. /~--~
RESOLUTION NO. R-95-58
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO SIGN, ON BEHALF OF TItE CITY, AN AIRPORT
LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND
BRIAN E. BARRY; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, after reviewing the
proposed Lease Agreement for Brian E. Barry, Individual, for its approval, has determined
that it is in the best interest of the City to enter into the Lease Agreement with Brian E.
Barry, whereby the City shall lease certain real property located at the Sebastian Municipal
Airport to Brian E. Barry.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH~
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AGREEMENT. The City Manager is authorized to execute and the City
Clerk to attest, on behalf of the City, the proposed Lease Agreement which is attached to
this Resolution as Extfibit "A" and by this reference is incorporated herein.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 3. SEVERABILITY. in the event a court of competent jurisdiction shall
hold or determine that any part of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council would have enacted the
remainder of this Resolution without such invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.'
Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its adoption.The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Arthur L. Firton
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
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The Mayor thereupon declared this Resolution duly passed and adopted this
day of ,1995.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
AIRPORT LEASE
THIS LEASE, made and entered into this 27th day of September, 1995, 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 BRIAN E. BARRY,
(hereinafter referred to as the "Tenant"). The Landlord and the Tenant are sometimes
collectively referred to herein as the "parties".
WlTNESSETIt:
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. RECITALS. 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 LEASE. The term of this Lease shall be for a period of twenty (20)
years commencing sixty (60) days after the date the Tenant executes this Lease and will end
on the twentieth (20th) anniversary of such date. So long as the Tenant is not in default of any
term, condition or covenant provided in this Lease Agreement, including any addendum
hereto, the Tenant shall have the option to renew this Lease for one (1) additional twenty (20)
year term (the "Option Term") by providing the Landlord with written notice of the Tenant's
decision to exercise his option no less than one hundred eighty (180) days and no more than
two hundred ten (210) days prior to the expiration of the initial term of this Lease. All other
provisions of this Lease Agreement shall apply during the Option Term; provided, however,
the yearly rent during the Option Term shall be in an amount determined by the Landlord by
and through the City Council of the City of Sebastian, including the method for calculating
annual adjustments thereto.
4. RENT.
The parties agree that the rent, payable by the Tenant, during the term of
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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 Un/ted
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 (5) 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 (5) 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 (5) years earlier. In no
event, however, shall the rent decrease below the stun of $1,200 per acre.
(b) Time of the essence. The Tenant agrees promptly to perform, comply with
and abide by this Lease, and agrees that time of payment of performance is of the very nature
and essence hereof.
(c) Default in rent. If any of said sums of money herein required to be paid by
the Tenant to the Landlord shall remain unpaid ten (10) days after written demand by
Landlord, then the Landlord shall have the options and privileges as follows:
(1) Total acceleration. To accelerate the manmty of the rent installments
for the balance of the term. This option shall be exercised by an instrument in writing signed
by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of
the Landlord to declare all unmamred rent installments presently due and payable.
(2) Partial acceleration. In lieu of the option in Sub-paragraph (1) above,
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the Landlord may, in like manner, declare as presently due and payable the unpaid rent
installments for such a period of years as may be fixed in the Landlord's said notice to the
Tenant. The exercise of this option shall not be construed as a splitting of a cause of action,
nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this
Lease for the period unaffected by said notice.
(3) Other remedies. In addition to the option herein granted above, the
Landlord may exercise any and all other options available to it hereunder, which options may
be exercised concurrently or separately with the exercise of the above options.
(d) Default in vrovisions. If the Tenant shall default in the performance of any
other term of this Lease (except the payment of rent), the Landlord, or its agent or employee,
shall send to the Tenant a written notice of default, specifying the nature of the default, and
the Tenant shall, within ~ (30) days after the date of said notice, cure and remedy said
default, whereupon this Lease shall continue as before.
if the Tenant shall fail to cure and remedy such default within said time, the
Landlord shall have the fight to declare, by written notice to the Tenant, that the Lease is in
default, and to use all remedies available to the Landlord hereunder, including, but not limited
to, those remedies, procedures and rights specified in the other paragraphs of this Lease.
(e) In addition to the rental amount, the Tenant shall pay Florida sales tax, if
applicable.
(f) The above rental for the leased premises shall 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 famish to the Landlord
written detailed monthly statements showing the total mount of aviation fuels delivered to
the Tenant, or any sublessee of the Tenant, at the Airport. Said statements shall be famished
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 collected by the Landlord from the Tenant, or any sublessee of the Tenant, in the same
manner as rent.
(c) The monthly statements referred to in the foregoing subparagraphs pertain
only to operations conducted at the Airport and exclude any operations of the Tenant, or any
sublessee of the Tenant, conducted at other locations.
(d) The Tenant, or any sublessee of the Tenant, shall further retain upon the
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leased premises all delivery bills, invoices and related records pertaining to all aviation fuels
delivered to the Tenant, or to any such sublessee, and shall produce and make available such
books and records upon request by the Landlord for the purpose of auditing payments to the
Landlord as provided hereinabove. Such books, records and other documents shall be made
available for inspection to representatives of the Landlord within 15 days of written notice to
the Tenant or any sublessee of the Tenant. If said inspection reveals that payments to the
Landlord are in error, by more than 2%, then Tenant shall pay the additional amount owing
to Landlord plus all costs of said inspection.
6. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the
Tenant is leasing the premises for the purposes described in Paragraph 7 below, and that in
order to utilize the leased premises for this purpose, it will be necessary to erect thereon a
building and other improvements, to be constructed by the Tenant upon the leased premises
at the Tenant's sole cost and expense and to comply with all applicable rules, laws,
regulations and requirements pertaining thereto.
(a) The Tenant shall have the right to use the leased premises for any lawful
purpose described in Section 7 hereof, and shall have the right to construct upon the leased
premises any buildings or other structures described in this Agreement, provided any such
buildings or su'uctures do not in any way curtail the use of the airport facilities in their usual
operations and provided further that any such buildings or su-uctures 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
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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 consmaction of any such buildings or
structures.
(c) In order to confu'm 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. All buildings, structures and fixtures of every kind now
or hereafter erected or placed on the leased premises shall, at the end of the term or earlier
termination of this Lease, for any reason, be and become the property of the Landlord and
shall be left in good condition and repair, ordinary wear and damage by the elements excepted.
A fixture shall be def'med as an article which was a chattel, but which, by being physically
annexed or affixed to the realty by the Tenant and incapable of being removed without
structural or functional damage to the realty, becomes a part and parcel of it. Non-fixture
personalty owned by the Tenant at the expiration of the term or earlier termination of this
Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove
all such personalty, provided the Tenant is not then in default of any covenant or condition of
this Lease, otherwise all such property shall remain on the leased premises until the damages
suffered by the Landlord from any such default have been ascertained and compensated. Any
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damage to the leased premises caused by the removal by Tenant of any such personalty shall
be repaired by Tenant forthwith at its expense.
(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 obligations to Tenant hereunder. Such option shall be exercised
within a reasonable time by written notice to Tenant.
7. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased
premises will be conducted in such a manner as to constitute a nuisance or a hazard and that,
in connection with the use of the leased premises, the Tenant will observe and comply with
all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having
jurisdiction over the leased premises. The Tenant agrees that the leased premises shall be used
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by the Tenant solely for the following purposes or uses:
Aircraft Refurbishing and Rebuilding
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.
8. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain
or repair the leased premises or any improvements located or any part hereof thereon during
the lease term or any renewal thereof.
The Tenant agrees, at its sole cost and expense, to maintain all of the improvements,
including, but not limited to, buildings (and all parts thereof) and the parking and service
areas located on the leased premises, in a good state of maintenance and repair and to keep the
leased premises in a clean, neat and orderly condition in accordance with local ordinances,
including but not limited to, the Sebastian Land Development Code and all other community
standards ordinances. It is an express condition of this Lease that the leased premises be kept
in an attractive manner at all times.
Upon obtaining the prior written consent of the Landlord, which consent may be
withheld for any reason, the Tenant, upon completion of the original improvements, at its sole
cost and expense, may erect such additional improvements on the leased premises as it deems
appropriate and may make such alterations or major renovations to the existing improvements
as it deems appropriate, provided, however, that such alterations or renovations shall not
disturb the structural integrity of such existing improvements, and provided that the alterations
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or renovations shall comply with all applicable governmental regulations.
The Tenant shall indemnify, defend and hold the Landlord harmless from any claims,
losses, damages or liens arising out of or in any way connected with such additions or
renovations.
9. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights,
water, sewer, heat, janitor service or any other utility or service consumed in connection with
the leased premises. The Landlord shall have no liability for the failure to procure or the
interruption of any such services or utilities.
10. SIGNS. The Tenant shall have the fight to erect and maintain such sign or signs
on the premises as may be permitted by applicable law; provided, however, the Landlord must
approve any such signs in writing prior to erection. The Landlord may impose any reasonable
restrictions as, in the sole discretion of the Landlord, are deemed necessary.
11. TAXES. The Tenant shall pay 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. INSURANCE. The Tenant shall provide and keep in force, at its own expense,
during the term of this Lease, public liability and property damage insurance coverage with
respect to the leased premises, including those portions of the said premises used for
driveways, walkways, and parking areas. The insurance coverage to be maintained by the
Tenant shall contain limits of not less than $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 mounts 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 and at least an AA rating by both Moody's and Standard and Poors, The Tenant
shall supply the Landlord with a certificate of such insurance with evidence of the payment
of the premium thereon. All policies described in this Paragraph 12 shall 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 fn'e 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
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and improvements on the leased premises insured nor shall the Landlord have any obligation
to insure any personal property used in connection with the leased premises. Any policy or
policies of insurance required pursuant to this Lease shall be issued by one or more insurance
companies authorized to engage in business in the State of Florida and which have a rating of
at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and
Standard and Poors. All policies described in this Paragraph 13 shall contain a clause
preventing cancellation of any coverage before thirty (30) days written notice to the Landlord
and shall name the Landlord as an additional insured. Upon the request of the Landlord, the
Tenant shall provide copies of said policies to the Landlord.
14. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER
CASUALTY. In the event the building and/or other improvements erected on the premises
are destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will
cause said building and/or other improvements to be replaced or said damage to be repaired
as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time
more than 80% of the principal building, if any, is unusable. In the event the Tenant elects
to repair and/or replace the building and other improvements on the leased premises, the
Landlord shall have no claims against any insurance proceeds paid to the Tenant on account
of such damage and/or destruction nor shall the Landlord have any responsibility or obligation
to make any expenditures toward the repair and/or replacement of the building and other
improvements on the leased premises. Provided, however, that all repaired and/or replaced
building and other improvements are repaired/replaced in a manner equal to or better than the
building/improvement being repaired or replaced.
(a) If the Tenant, under its option, elects not to repair and/or replace the
building and improvements upon the leased premises, the Landlord shall have two options:
(1) To continue to Lease; if the Landlord elects to continue the Lease,
the Landlord shall be entitled to any of the insurance proceeds on account of such damage
and/or destruction, such proceeds to be the sole property of the Landlord; or
(2) To cancel the Lease; if the Landlord elects to cancel the Lease, the
Landlord shall be entitled to that portion of the insurance proceeds paid as a result of 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. INDE~CATION. 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
and the use of the leased premises by tenant's agents, employees, and invitees, including all
attorney's fees incurred by the Landlord in defending any such claims. This Paragraph 15
shall survive the termination or cancellation of the Lease.
16. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend
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and hold the Landlord harmless from and against any and all claims, lawsuits, losses,
liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable
attorney's fees) resulting directly or indirectly from, out of or by reason of (I) any hazardous
or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or
wastes being located on the property and being caused by the Tenant or its sub-Tenants. This
Paragraph 16 shall survive the termination or cancellation of the Lease.
17. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this
Lease, the Tenant is precluded or prevented from using the leased premises for those specific
purposes identified in Sections 6/7 of this Lease, by reason of any zoning law, ordinance or
regulation of any authority having jurisdiction over the leased premises and such prohibition
shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow
the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the
Landlord, in writing, before the Tenant shall be released from its obligations under the terms
of this Lease.
18. LANDING FEES. Landing or any other type of use of runway fees are specifically
prohibited by this Agreement, so long as all other tenants of the property owned by the
Landlord located at the Airport are prohibited from charging any such fees, as the use of the
Airport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from
charging such fees as it deems necessary or desirous.
19.
agency or
GOVERNMENT SEIZURE. in the event the United States Government, or any
subdivision thereof, at any time during the term of this Lease takes over the
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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. EMINENT 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;
(b) The appointment of a receiver or the entry of an order declaring the Tenant
bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by
the Tenant in any other insolvency proceeding;
15
Lease;
(c) The Tenants failure to pay any consideration, to the Landlord, required by this
(d) The taking of the leasehold interest of the Tenant hereunder pursuant to an
execution on a judgment;
(e) The Tenants
abandonment of any substantial portion of the leased premises.
"Abandonment" shall be determined by the Landlord;
(f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for
bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state
bankruptcy or insolvency law, or admit that it cannot meet its 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. Each
party covenants and agrees that it has no power to incur any indebtedness giving a fight to a
lien of any kind or character upon the fight, rifle and interest of the other party in and to the
property covered by this Lease, and that no party in and to the property covered by tiffs Lease,
and that no third person shall ever be entitled to any lien, directly or indirectly, derived
through or under the other party, or its agents or servants, or on account of any act of omission
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of said other party. All persons contracting with the Tenant or famishing materials or labor
to smd Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound
by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the
same or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed
to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased
premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida
Statutes, or any subsequent revisions thereof;
(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 (5%) 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
17
the date notice is sent by the Landlord, within which to remedy or correct such default, unless
such default is the failure to pay rent, in which case the Tenant shall have ten (10) days, from
the date notice is sent by the Landlord, within which to remedy such default by paying all rent
due.
22. IDENTITY OF INTEREST. The execution of this Lease or the performance of
any act pursuant to the provisions hereof shall not be deemed or construed to have the effect
of creating between the Landlord and the Tenant the relationship of principal and agent or of
a partnership or of a joint venture and the relationship between them shall be and remain only
that of landlord and tenant.
23. NOTICES AND REPORTS. Any notice, report, statement, approval, consent
designation, demand or request to be given and any option or election to be exercised by a
party under the provisions of this Lease shall be effective only when made in writing and
delivered (or mailed by registered or certified mail with postage prepaid) to the other party at
the address given below:
Landlord: City of Sebastian
Attn: City Manager
1225 Main Street
Sebastian, FL 32958
Tenant:
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:
(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 fight in the
Landlord adverse to the interest of the Tenant hereunder.
25. OWNERSHIP OF TRADE FIXTURES, SIGN.S..~..D.....PERSONAL 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 constructed by or on
behalf of Tenant. The facilities, buildings, edifices, etc. shall then become the property of the
Landlord.
26. HEIGHT RESTRICTIONS. The Tenant expressly agrees for itself, its successors
and assigns, to restrict the height of stmcmres, 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.
27. NONDISCRIMINATION. The Tenant for itself, its personal representatives,
successors in interest and assigns, as part of the consideration hereof, does hereby covenant
and agree as a covenant running with the land that (I) no person on the grounds of religion,
,_o
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 famishing of services thereon, no person on the grounds of religion, gender,
marital status, race, color or national or/gin 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 DeparUnent of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964.
In the event of the breach of any of the above non- discrimination covenants, the
Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall
immediately commence curative action. Such action by the Tenant shall be diligently pursued
to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to
cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter
and repossess said land and improvements thereon. Landlord represents and warrants that the
leased premises is zoned Airport Industrial (AI), pursuant to the applicable governmental
ordinances.
The Landlord shall have the option, without waiving or impairing any of its rights
hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any
such payment and the value of any such performance, together with interest thereon, shall be
21
secured by this Lease, and shall be promptly due and payable to the Landlord.
All delinquent payments to the Landlord shall bear interest at the rate of 18% per year
from date the payments are due to the date of payment. Said interest shall be calculated on
a daily basis and shall be due and payable when billed.
In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord
shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the
leased premises as additional security to the Landlord for the Tenant's faithful performance
of each of the terms and provisions hereof, and to secure payment of all sums owing to the
Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and any
of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or
any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's
rights under this Lease by reason of the Tenant's default, all such revenues, income, rents,
earnings and profits derived or accruing from the leased premises from the date of such
term/nation by the Landlord shall constitute the property of the Landlord, and the same is
hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not
constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's
property. The provisions of this paragraph shall be effective without the Landlord's re-entry
upon the leased premises or repossession thereof, and without any judicial determination that
the Tenant's interest under said lease has been terminated. Despite any provisions in this
paragraph which is or may appear to be the contrary, Landlord acknowledges that the lien of
the leasehold upon rents,
mortgage
Tenant's revenues, income,
22
earnings
and profits as
described above shall be recognized as superior to Landlord's lien.
The Tenant acknowledges that the Landlord has adopted an Airport Master Plan and
the Tenant covenants that he will use the leased premises to be consistent with the Airport
Master Plan.
The Tenant shall not allow its occupancy or use of the lease premises to constitute or
become a public or private nuisance.
28. ENTIRE AGREEMENT. This Lease contains all of the understandings by and
between the parties hereto relative to the leasing of the premises herein described, and all prior
or contemporaneous agreements relative thereto have been merged herein or are voided by this
instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole
or in part only by an instrument in writing signed by each of the parties hereto.
29. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or
sublet the leased premises or any portion thereof, or otherwise transfer any right or interest
hereunder without the prior written consent of the Landlord, which consent may be withheld
for any reason. If the Landlord consents, in writing, to the assignment, subletting or other
transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the
particular instance specified in the written consent and the Tenant shall not be relieved of any
duty, obligation or liability under the provisions of its Lease.
30. 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.
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31. APPLICABLE LAW/VENUE. 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.
32. ATTORNEYS 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.
33. RECORDING. In n_qo 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.
TENANT:
CITY OF SEBASTIAN
A Municipal Corporation
existing under the laws of the State of Florida
Brian E. Barry
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Joel L. Koford
City Manager
Clifton A. McClelland, Jr.
City Attorney
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SCHEDULE "A"
This Schedule is a part of that certain Lease between the CITY OF SEBASTIAN and
BRIAN E. BARRY dated for leased premises at the Sebastian Municipal
Airport.
LEGAL DESCRIPTION OF THE PROPERTY: FLEMING GRANT THAT CERTAIN
PARCEL LYING IN SECTION 29 DESCRIBED AS FOLLOWS: BEGINNING AT THE
MOST WESTERLY CORNER OF SAID SECTION 29, RUN S44 21'28"E, 818.81 FEET ON
SOUTHWEST BOUNDARY OF SECTION 29 OF CENTERLINE OF ROSELAND ROAD;
THENCE N04 48'59"W, 514.65 FEET ON SAID CENTERLINE; THENCE N89 50'46"E,
644.46 FEET; THENCE N00 09'14"W, 1156 FEET TO TRUE POINT OF BEGINNING;
THENCE N89 50'46"E, 425.00 FEET TO A POINT WHICH LIES 75.00 FEET WEST OF
THE CENTERLINE OF AN EXISTING AIRPORT TAXIWAY; THENCE N00 09'14"W,
307.00 FEET; THENCE S89 50'46"W, 425.00 FEET; THENCE SOO 09'14"E, 307.00 FEET
TO TRUE POINT OF BEGINNING. CONTAINING 3.00 ACRES, MORE OR LESS.
(LEGAL DESCRIPTION PROVIDED BY OTHERS.)
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SCHEDULE "B"
This Schedule is a part of that certain Lease between the CITY OF SEBASTIAN and
dated for leased premises at the Sebastian Municipal Airport.
Listed below are the description 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
Commencement
Date of
Comt) letion
Hangar Erection
TENANT:
CITY OF SEBASTIAN
A Municipal Corporation
existing under the laws of the State of Florida
Brian E. Barry
ATTEST:
Joel L. Koford
City Manager
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
26