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HomeMy WebLinkAbout05231990The following is a list of actions taken at the May 23, 1990 Regular Meeting. Cancellation of 6/6/90 workshop added to agenda and approved - Linda will do notice for board and reading board 2. 90.138 - Proclamation - Dwight Traficante - presented 90.116 - ReS R-90-19 - Vickers Grove Sandmine III - approved - sign, seal - copy to black book, original file, applicant (with letter), City Attorney, DCD, P & Z - blue back original - file backup in appropriate year, file original with others - update r-90 in computer - ask Bruce when bond will be posted - file with original file 90.137 - Pilot Club - Community Organization sign - request to approve sign permit and waiver of permit fee for sign at NW corner of Riverview Park - approved - letter to Marilyn Waldis - copy minutes to PW, DCD, Finance and file - file in 90 Community Development Dept. 5/2/90 Workshop, 5/9/90 Regular and 5/16/90 Special Minutes approved - sign, seal - place in book 90.139 - 7/4/90 Workshop cancelled - Linda will do notice for board and reading board 90.140 - Sebastian River Area Historical Society "Tales of Sebastian" sale in City Clerk's Office - approved - Jean Bertram already brought in 20 books - envelope in safe - charge $11 - no tax 90.128/90.129 - Cemetery Improvement Bids - Irrigation & Sod - deferred to no time certain - copy minutes to Kip, file and PW - hold files in pending 89.003 - Res R-90-21 - Agreement with Williams, Hatfield & Stoner - Revised Scope of Services - adopted - get final agreement from WHS - JoAnn said being Federal Expressed 5/25/90 - sign, seal & copy to black book, original file, City Attorney, WHS, Assr City Manager, & Finance - blue back original - file with other - file backup w/ other airport files - (bottom drawer credenza) - update r-90 in computer 10. 90.096 - Ord 0-90-02 - Airport Director Language - 1st reading accepted - ph set for 6/13/90 - advertise ph on 5/30/90 - done - also put resolution repealing Job description on 6/13/90 agenda - file 6/13/90 meeting file 11. 90.093 - Ord 0-0-03 - 90 National Electrical Code - reading accepted - ph set for 6/13/90 - advertise ph on 5/30/90 - done - file 6/13/90 meeting file 12. 13. 14. 15. 16. 17. 18. 19. 90.118 - Ord 0-0-04 - Contractor Licensing Amendment - 1st reading accepted (2nd draft) - ph set for 6/13/90 - advertise ph on 5/30/90 - done - file 6/13/90 meeting file 90.136 - Library name - was changed by County Commission on 5/22/90 -.no further action - Rondeau said he will pursue if people want to contact him - file 90 North County Library 90.016 - Golf Course restaurant RFP approved - Jo Anne T. prepared ad - Joann called papers and is preparing letters to go out for publication Sunday, June 3, 1990 - Assistant City Manager to research special legislation for liquor license - bid opening changed, to June 29 @ 2 pm 90.141 - City Hall renovations - Manager authorized to go to bid - file pending credenza 90.142 - Council motion to ask people to volunteer to restrict water consumption - post notice on board and reading board - newspaper article Thursday, May 24, 1990 Manager will get with St. Johns to see if Council can impose restriction - Robb said today that St. Johns says city can adopt ordinance - Attorney working on - will address when Robb returns from vacation 88.193 - Powell requested "Choose police site" for 6/13/90 agenda Manager said he would have City Engineer prepare progress report on BSSC and distribute to Council Manager announced he has requested D. Fisher to stay on as City Engineer only to see through certain large city projects - divert PW Director duties to J. Thomas - no additional compensation 2 MAY 23, 1990 CITY COUNCIL WORKSHOP DOCUMENT LIST The following is a list of backup materials for each item in the agenda packet and notation for those agenda items with no backup. 7. PUBLIC HEARING, FINAL ACTION 90.116 RESOLUTION NO. R-90-19 -.Vickers Grove Sandmine Phase III 1. Staff Recommendation dated 5/15/90 2. R-90-19 3. Memo from Technical Review Committee dated 3/29/90 8. PUBLIC INPUT 90.137 N99-Agenda Items ~n Waldis~ Pilot Club - Community Organization Signs on U.S. #1 - Waive Sign Restriction at Corner of U.S. #1 and CR 512 (Riverview Park) (No Backup - Staff Verbal Report) 9. CONSENT AGENDA Approval of Minutes 1. 5/2/90 Workshop 2. 5/9/90 Regular Meeting. 3. 5/16/90 Special Meeting 90.139 Cancel Jul_~ 4, 1990 City Council Workshop 1. City Manager Recommendation dated 5/15/90 90.140 Sebastian River Area Historical Society - Request to Have "Tales of Sebastian" for Sale in City Clerk's Office 1. Staff Recommendation dated 5/16/90 2. Letter from Cora Sadler dated 5/14/90 90.128 90.129 Cemetery Improvements - Unit 4 Sod & Irrigation Bids - Defer to No Time Certain 1. C~ty Manager Recommendation dated 5/17/90 2. Memo from Interim City Engineer dated 5/17/90 8g.003 RESOLUTION NO. R-90-21 - Revised Sc__~e of Services 1. City Manager Recommendation dated 5/17/90 2. R-90-21 3. Contract with WHS - 1st 7 pages 12. OLD BUSINESS 90.096 ORDINANCE NO. 0-90-02 - Remove Language Re: Airport Director & Board in City Code Section 3.5 1. City Manager Recommendation dated 5/8/90 2. 0-90-02 3. Job Description 90.093 ORDINANCE NO. 0-90-03 - 1990 National Electric Code 1. Staff Recommendation dated 5/16/90 2. 0-90-03 90.118 ORDINANCE NO. 0-90-04 - Contractor Licensin~ Amendment 1. Staff Recommendation dated 5/16/90 2. 0-90-04 90.136 Status Report on Possible Renamin~ of Sebastian River Area County Library 2. 3. 4. 5. 6. 7. Petition News Articles Letter from O'Connor dated 4/24/90 Letter from Lyons dated 5/2/90 Letter from Conyers dated 5/10/90 Letter from Wheeler dated 5/14/90 Letter from DiSalvio dated 5/15/90 13. NEW BUSINESS 90.016 90.141 Golf Course Restaurant - Review Request for Proposals (RFP) 1. City Manager Recommendation dated 5/15/90 2. Draft RFP 3. Sample Menu Bid 4. Restaurant Occupational License Holders City Hall Renovations 1. City Manager Recommendation dated 5/17/90 2. Proposed Floor Plan (under Separate Cover) City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 A G E N D A SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY ~3, 1990 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Rabbi Jayr. Davis - Temple Beth Shalom 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 90.138 A. Proclamation - Dwight Traficante - Eagle Scout 7. PUBLIC HEARING, FINAL ACTION 90.116 RESOLUTION NO. R-90-19 - Vickers Grove Sandmine Phase III (Staff Recommendation dated 5/15/90, Resolution, Memo from Technical Review Committee dated 3/29/90) (Generally located west of Florida East Coast Railroad right-of-way, south and east of Schumann Drive, north of Mabry Street and east of Lance Street) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT 90.137 90.139 90.140 90.128 90.129 89.003 OF LAND APPROXIMATELY 16.38 ACRES IN SIZE, LOCATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC INPUT A. ~gn-Agenda Items Marilyn Waldis, Pilot Club - Community Organization Signs on U.S. #1 - Waive Sign Restriction at Corner of U.S. #1 and CR 512 (Riverview Park) (No Backup - Staff Verbal Report) B. Agenda Items 9. CONSENT AGENDA Approval of Minutes - 5/2/90 Workshop, 5/9/90 Regular Meeting, 5/16/90 Special Meeting Cancel July 4, 1990 City Council Workshop - (City Manager Recommendation dated 5/15/90) Sebastian River Area Historical Society - Request to Have "Tales of Sebastian" for Sale in City Clerk's Office (Staff Recommendation dated 5/16/90, Letter from Cora Sadler dated 5/14/90) Cemetery Improvements - Unit 4 Sod & Irrigation Bids - Defer to No Time Certain (City Manager Recommendation dated 5/17/90, Memo from Interim City Engineer dated 5/17/90) RESOLUTION NO. R-90-21 - Revised Scope of Services (City Manager Recommendation dated 5/17/90, R-90-21, Contract with WHS - 1st 7 pages) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT WITH WILLIAMS, HATFIELD & STONER, INC. PERTAINING TO THE PREPARATION OF A COMMUNITY COMPATIBILITY AND MASTER PLAN STUDY FOR THE SEBASTIAN MUNICIPAL AIRPORT, AND SUCH OTHER DOCUMENTS NECESSARY TO EFFECTUATE AND CONSUMMATE 2 90.096 90.093 10. 11. 12. THE AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE PRESENTATIONS COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS ORDINANCE NO. 0-90-02 - Remove Language Re: Airport Director & Board in City Code Section 3.5 (City Manager Recommendation dated 5/8/90, 0-90-02, Job Description) 1ST READING, SET PUBLIC HEARING 6/13/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 3.5-2 TO DELETE THE DEFINITION OF AIRPORT DIRECTOR; AMENDING SECTION 3.5-4 TO PROVIDE FOR THE AIRPORT MANAGER TO SUBMIT AIRPORT ACTIVITIES REPORTS AND GOVERNMENTAL REPORTS TO THE CITY MANAGER; DELETING SECTION 3.5-5 THEREBY DELETING THE POSITION OF AIRPORT DIRECTOR; AMENDING SECTION 3.5-6 TO PROVIDE THAT THE CITY MANAGER TO RECOMMEND THE EXPENDITURES FOR THE AIRPORT; AMENDING SECTION 3.5-6 TO PROVIDE THAT THE CITY MANAGER SHALL SUBMIT THE AIRPORT BUDGET TO THE CITY COUNCIL; RENUMBERING SECTION 3.5-6; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 0-90-03 - 1990 National Electric Code (Staff Recommendation dated 5/16/90, 0-90-03) 1ST READING, SET PUBLIC HEARING 6/13/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDAi PERTAINING TO THE ADOPTION OF THE NATIONAL ELECTRIC CODE; AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 7-35 OF ARTICLE iii TO ADOPT THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN EXCEPTIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 3 90.118 90.136 90.016 90.141 ORDINANCE NO. 0-90-04 - Contractor Licensing Amendment (Staff Recommendation dated 5/16/90, 0-90-04) iST READING, SET PUBLIC HEARING 6/13/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VII OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CONTRACTORS; AMENDING SECTION 7-91 TO REVISE THE DEFINITION FOR SPECIALTY CONTRACTORS; AMENDING ORDINANCE NO. 90-01 PERTAINING TO THE AMENDMENT MADE TO SECTION 7-92 THEREIN; AMENDING SECTION 7-95 TO PROVIDE FOR CONTRACTORS TO POSSESS A CURRENT OCCUPATIONAL LICENSE FROM INDIAN RIVER COUNTY, FLORIDA; AMENDING SECTION 7-97 PERTAINING TO THE IMPOSITION OF VARIOUS FEES FOR APPLICATIONS, EXAMINATIONS, COMPETENCY CARDS, DUPLICATE LICENSES, CHANGES OF STATUS, LETTERS OF RECIPROCITY, RENEWALS AND REACTIVATION OF LICENSES; PROViDiNG THAT THE ORDINANCE IS SUPPLEMENTAL; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Status Report on Possible Renaming of Sebastian River Area County Library (Requested by Councilman Rondeau) (Petition, News Articles, Letter from O'Connor dated 4/24/90, Letter from Lyons dated 5/2/90, Letter from Conyers dated 5/10/90, Letter from Wheeler dated 5/14/90, Letter from DiSalvio dated 5/15/90) 13. NEW BUSINESS Golf Course Restaurant - Review Request for Proposals (RFP) (City Manager Recommendation dated 5/15/90, Draft RFP, Sample Menu Bid, Restaurant Occupational License Holders) City Hall Renovations (City Manager Recommendation dated 5/17/90, Proposed Floor Plan under Separate Cover) 14. MAYOR'S MATTERS 15. COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman McCollum 4 16. 17. 18. C. Councilman Powell D. Councilman Rondeau CITY ATTORNEY MATTERS CITY MANAGER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 5 City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589.5570 SUBJECT: PUBLIC HEARI~G ON VICKERS SAND MINE III (SPECIAL USE PERMIT) Approved For City Manager submittal By: ) Agenda No. ) ) . Dept. Origin DEPT. OF ~ DEVEIDPMSNr ) Date Submitted 5/15/90 ) ) For Agenda Of 5/23/90 ) ) Exhibits: ) ) Resolution R-90-19 ) Memo from T.R.C. dated 3/29/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Council at the April 25, 1990 mseting reviewed the report and recocmandations from Planning & Zoning Ccmmission concerning Vickers Sand Mine Iii. In s~mmI~, the applicant is l~=questing approval of VicJ~ers Sand Mine III which is 3Jmmdiately north of the existing approved Vickers Sand Mine I & II. Revi~ing the reclamation plan, the three phases of mining will be reverted to a private lake with surrou~ing residential develoDm~nt to the west and industrial to the east. The reclamation plan is consistent with th~.r~cent City Council act/on to approve the zoning and land use for the overall 117 acre project. St. J~n's R/vet Water Manager District has approved the requested Vickers Sand Mine III and the future Vickers subdivision plat (Reclamation Plan). Specie7 use pormit for sand m/nes n~st have a public hearing and notify owners of real property within 200 feet of the proposed mine. RECOMMENDED ACTION Move to approve the special use permit for Vickers Sand Mine III subject to: 1) Applicant to subnit and City to approve revision(s) concerning littoral zone requirem~ts per Code. 2) Applicant to provide cc~pliance and restoration bonds per Section 20A-5.30 (e) of Code. 3) Type A or natural landscaping buffer/screen requir~ per Code. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 DATE: TO: FR OM: 29 March 1990 Planning and Zoning Commission Technical Review~o~mmittee · Bruce Cooper~--~ . Peter Jones ~,~ · David Fi~ APPLICATION FOR SAND MINING PERMIT APPROVAL - VICKERS GROVE PROJECT, PHASE III LOCATION: CURRENT ZONING: APPLICANT: APPLICATION REC'D: Vickers Grove Subdivision Industrial; RM-8; RS-10 Dr. Henry A. Fischer 8 March 1990 Based on our general review of the subject application and documentation, we recommend the Planning and Zoning Commission approve same subject to resolution of the following comments and conditions. 1) 2) 3) Applicant to submit and City to approve revision(s) concerning littoral zone requirements per Code. [ See Section 20A-5.29. ] Applicant to provide compliance and restoration bonds per Section 20A-5.30(e) of Code. Type A or natural landscaping buffer/screen required per Code. This recommendation is based on a general review of the documents submitted and does not preclude further changes/ requirements deemed necessary by the City as the project progresses. Copy to: Applicant Stan Mayfield - Masteller & Moler Associates, Inc. RESOLUTION NO.: R-90-19 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 16.38 ACRES IN SIZE, LOCATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Henry A. Fischer ("the Applicant") has applied for the issuance of a special use permit for the mining of sand and soil materials from a tract of land he owns located in the City of Sebastian, Indian River County, Florida; and WHEREAS, the Applicant has participated in various pre- application discussions with appropriate members of the City staff; and WHEREAS, the Applicant has obtained a permit from the St. Johns River Water Management District to operate the mine as requested in his application; and WHEREAS, the City staff has determined that the Applicant's application for a special use permit should be approved subject to certain conditions; and WHEREAS, at its regular meeting on April 5, 1990, the Planning and Zoning Commission recommended approval of the Applicant's request for the granting of a special use permit for ~ the mining of sand and soil materials from a tract of land the Applicant owns located in the City of Sebastian; and W~EREA$, the City Council has considered the recommendations and comments of the PlanninG and Zoning Commission and the City staff; and WHEREAS, the City Council has conducted a public hearinG after compliance with the provisions of Section 20A-2.6 D of the Land Development Code of the City of Sebastian to afford the input of comments and evidence from all interested persons, citizens and affected persons; and WHEREAS, the City Council has determined that the Granting of the special use permit to the Applicant 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 Applicant's property that is the subject of the special use permit is located; and WHEREAS, the City Council has determined that the use requested by the Applicant, the mininG of sand and soil materials, is consistent with the purpose and intent of the zoning district where the Applicant's property that is the subject of the special use permit is located and is similar in nature and compatible with the uses allowed in that zoning district. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. SPECIAL USE PERMIT. The application for the issuance of a special issue permit for the mining of sand and soil materials submitted by Henry A. Fischer for the real property he owns located in Section 17, Township 31 South, Range 39 East, in Indian River County, Florida, being more particularly described as follows: the south 925 feet of the north 1,050 feet of the west 875 feet of the southwest 1/4 of the said Section 17, less and except the westerly 125 feet thereof, is granted, sub3ect to the requirements and conditions contained in this Resolution. Section 2. CONDITIONS OF APPROVAL AND CONTINUATION OF THE SPECIAL USE PERMIT. The approval of the City Council of Henry A. Fischer's application for a special use permit that is the sub3ect matter of this Resolution and the continuation of such special use permit until its expiration as provided for in this Resolution is conditioned on the continuous satisfaction of, and compliance with, the following requirements by Henry A. Fischer: A. Compliance with the provisions of all applicable federal and Florida statutes, rules and regulations, county ordinances and the ordinances and resolutions of the City of Sebastian, including, but not by way of limitation, Sections 20A-5.29 and 20A-5.30 of the Land Development Code. B. The providing of compliance and restoration bonds to the City of Sebastian in a form, and for such amounts, acceptable to the City. 3 C. The providing of Type A or natural landscaping buffer/screening in accordance with the Land Development Code. D. The revision of the littoral zone initially proposed by the Applicant in a form and substance acceptable to the City as provided in Section 20A-5.29 of the Land Development Code. Section 3. EXPIRATION OF THE SPECIAL USE PERMIT. The Special Use Permit granted to the Henry A. Fischer pursuant to this Resolution shall expire at midnight on the 365th day following the passage of this Resolution. Section 4. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. SEVERABiLITY. In the event a court of competent 3urisdiction 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 said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilman by Councilman vote, the vote was as follows: . The motion was seconded and, upon being put to a 4 Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) I HEREBY CERTIFY that notice of public hearing on this Resolution was published in the Vero Beach Press Journal as required by Section 20A-2.6 D.1 of the Land Development Code of the City of Sebastian, Florida, that one public hearing was held on this Resolution at 7:00 p.m. on the day of , 1990, and that following said public hearing this Resolution was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 a SFBASTIAN, FLORIDA 32918 TELEPHONE~ (407) ~sg-ls330 FAx 407-58g-$570 SUBJECT: Cancel July 4, 1990 City Counc±l Workshop Meeting Approved For Submittal By= City Manager Agenda No. Dept. Origin Date Submitted For Agenda Of Exbibit~: City Manager 5/16/90 5/23/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The regularly scheduled July workshop meeting falls on July 4, 1990. Historically, meetings that fall on holidays have been cancelled by City Council. Regular meetings for July will be held on July llth and 25th. RECOMMENDED ACTION Move to cancel the July 4, 1990 City Council Workshop Meeting. City of Sebastian POSt OFFICE BOX 780127 m SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: ) Sale of Sebastian River Area ) Historical Society book "Tales ) of Sebastian" in the City Clerk's ) Office ) ) APPROVED FOR SU~~~,:___ )) City Manager: ~ ~ f Y' ) ) ) Agenda No. ~'~¢~~_~~ Dept. Origin City Clerk~ Date Submitted 5/16/90 For Agenda Of 5/23/90 Exhibits: Letter from SRAHS dated 5/14/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT I have been requested by the Sebastian River Area Historical Society, Inc. that their recently published book, "Tales of Sebastian" be made available for sale to the public from the City Clerk's Office. I have been informed that the book will be sold in other locations throughout the city. My office currently sells City of Sebastian maps for the Chamber of Commerce to the public. With the concurrence of the City Manager, I feel that the sale of the book will not be an undue burden on my staff. RECOMMENDED ACTION Approve the sale of "Tales of Sebastian" to the public from the City Clerk's Office. May 14, 1990 Kathryn O'Halloran, City Clerk City of Sebastian Sebastian, Florida 32958 Dear Ms. O'Halloran, The Sebastian River Area Historical Society, Inc.requ. ests of the City Clerk's office that the book, Tales of Sebastian, be available at the City Clerk's office to the public. Please place this on the Consent AGenda at the next City Council meetinG. Sincerely, Cora S. Sadler, President City of Sebastian POSt OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Cemetery Improvements ) Agenda No. Approved For Submittal By: city Manager ~~-- ) ) Dept. of Origin: Public Works ) ) Date Submitted: 05/17/90 ) ) For Agenda Of: 05/23/90 ) ) Exhibits: - Memo from D. Fisher ) dated 5/17/90) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED APPROPRIATION REQUIRED: SUMMARY STATEMENT At its Regular Meeting of May 9, 1990 the city Council deferred two (2) matters for Cemetery improvements. The proposals were for a sprinkler system for Unit 4 and sod for Unit 4. The matter was deferred to the meeting of 5/23/90 due to indications of poor water quality. At our request, the County Health Department tested the current water source. The tests show that the chloride content of our current well exceeds limits which are considered harmful to certain types of vegetation. The city Engineer is currently evaluating alternatives and requests the bids to be deferred to no time certain pending his investigation and analysis. RECOMMENDED ACTION Move to defer the proposed improvements at the Cemetery to no time certain. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMO DATE: TO: FROM: RE: 17 MAY 1990 ROBERT S. McCLARY, CITY MANAGER DAVE FISHER, ENGINEERING/PUBLIC ~~ RECOMMENDATIONS REGARDING BID AWARDS FOR IMPROVEMENTS IN UNIT 4 OF CEMETERY Further to our memo of 9 May 90, this to advise you we have received test results from water samples taken from the existing well water source at the Sebastian Cemetery. The tests show that the chloride content of our current water supply does indeed exceed limits which are considered harmful to certain types of grass and vegetation. (Documentation of test results are being sent to us from the County Health Department, whose lab did the testing.) We therefore recommend further postponing the award of the subject contracts for an irrigation system and new sod until we can determine what approach to take to remedying the quality of water from our existing source. Possible remedies would include a new well and/or further treating the water from our existing deep water well source. We are studying the matter and hope to provide a recommeded solution in the very near future. In the meantime, we recommend delaying award of the subject bids/contracts pending adoption of a solution to the matter. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Airport Study Approved For Submittal By: City Manager ) Dept. of Origin: City Manager ) ) Date 8ubmitted: 05/17/90 ) ) For Agenda Of: 05/23/90 ) ) Exhibits: - Resolution No. R-90-21 ) - Contract with Williams Hatfield & Stoner (First seven pages only) ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: ~PPROPRIATION REQUIRED: At a Special City Council Meeting of 5/16/90 the City Council directed staff to prepare a resolution'authorizing an agreement between the City and Williams Hatfield & Stoner for the Community Compatibility and Master Plan Study. At that meeting, the City Council added two (2) items to the scope of services: a survey for $7,500 and report printing for $3,800 for a total revised contract amount of $233,520. Upon approval of the contract by the city Council, the staff will submit the necessary grant applications to the FAA and Florida Department of Transportation (FDOT). Please note that the back up material includes only the first seven pages of the agreement. Except for the addition of the survey and printing costs all other parts of the agreement and the application to the FAA remain unchanged. The City Attorney has revised portions of the agreement as indicated and Williams Hatfield & Stoner are in agreement with those changes. RECOMMENDED ~CTION Move to adopt Resolution R-90-21. RESOLUTION NO. R-90-21 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CiTY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT WITH WILLIAMS, HATFIELD & STONER, INC. PERTAINING TO THE PREPARATION OF A COMMUNITY COMPATIBILITY AND MASTER PLAN STUDY FOR THE SEBASTIAN MUNICIPAL AIRPORT, AND SUCH OTHER DOCUMENTS NECESSARY TO EFFECTUATE AND CONSUMMATE THE AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVEHABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian owns and operates the Sebastian Municipal Airport; and WHEREAS, Williams, Hatfield & Stoner, Inc. have submitted a proposal for the preparation of a Community Compatibility and Master Plan Study for the Sebastian Municipal Airport; and WHEREAS, the City Council of the City of Sebastian, after reviewing the proposed Agreement and the exhibits attached thereto and engaging in deliberations has determined that it would be in the best interest of the City of Sebastian and its citizens, and in furtherance of a valid municipal purpose, for the City of Sebastian to enter into the proposed Agreement with Williams, Hatfield & Stoner, Inc. for the preparation of a Community Compatibility and Master Plan Study for the Sebastian Municipal Airport and to sign such other documents necessary to effectuate and consummate the transactions contemplated in the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the proposed Agreement between the City of Sebastian and Williams, Hatfield & Stoner, Inc. (the "Agreement") which provides for the engagement of Williams, Hatfield & Stoner, Inc. for the preparation of a Community Compatibility and Master Plan Study for the Sebastian Municipal Airport and to sign such other documents necessary to effectuate and consummate the transactions contemplated in the Agreement. Section 2. CONFLICT. Ail 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 the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. 2 Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman The seconded by Councilman being put to a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and day of adopted this ATTEST: motion was and, upon · 1990. CITY OF SEBASTIAN, FLORIDA By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 3 AGREEMENT between CII"f OF SEBASTIAN, FLORIDA and WILLIAMS, HATFIELD & STONER, INC. for SEBASTIAN MUNICIPAL AIRPORT COMMUNITY COMPATIBILITYANDMASTER PLAN STUDY 3810m/405P/0&l190 This is an Agreement made as of between CitM of Sebastian, Florida and Williams, Hat~ield and Stoner, Inc. , 19 (oWNS--fY (ENGINEER) OWNER employs ENGINEER to perform professional engineering services, to serve as OWNER's professional engineering representative and to provide professional engineering consultation and advice for a professional fee (as set forth below) in connection with Community Compatibility and Master Plan Study for Sebastian Municipal Airport (the "Assignment"). SECTION 1 - BASIC SERVICES OF ENGINEER 1.1 Prior to the FAA Grant, the ENGINEER will proceed on verbal authorization by OWNER to perform Article I of the Scope of Services as defined in paragraph 1 of Exhibit SR-A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters." 1.2 After written authorization to proceed, ENGINEER shall perform the services as described in Articles II through VII of the Scope of Services as defined in paragraph 1 of Exhibit SR-A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters." SECTION 2 - ADDITIONAL SERVICES 2.1 if authorized in writing by OWNER, Additional Services related to the Assignment will be performed by ENGINEER for an additional professional fee. SECTION 3 - OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: 3.1 Provide all criteria and full information as to OWNER's requirements for the Assignment and designate in writing a person with authority to act on OWNER's behalf on all matters concerning the Assignment; 3.2 Furnish to ENGINEER all existing studies, reports and other available data pertinent to the Assignment, and obtain or authorize ENGINEER to obtain or provide additional reports and data as reguired, and furnish to ENGINEER services of others required for the performance of ENGINEER's services hereunder, and ENGINEER shall be entitled to use and rely upon all such information and services provided by OWNER or others in performing ENGINEER's services under this Agreement; 3810m/405P/041190 -1- Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services hereunder; 3.4 Perform such other functions as are indicated in paragraph 2 of Exhibit SR-A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters"; and ,, 3.5 Bear all costs incident to compliance with the requirements of this Section 3. SECTION 4 - PER~OD OF SERVICE 4.1 ENGINEER's Basic Services will be performed and the Report submitted within the time period or by the date stipulated in paragraph 3 of Exhibit SR-A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters". 4.2 ENGINEER's Basic Services under this Agreement will be considered complete at the earlier of (1) the date when the Report is accepted by OWNER or (2) thirty days after the date when the Report is submitted for final acceptance, plus in each case, if applicable, such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the Report. 4.3 ENGiNEER's Additional Services will be performed and completed w~thtn the time period agreed to in writing by the parties at the time such services are authorized. 4.4 If any time period within or date by which any of ENGINEER's services are to be completed is exceeded through no fault of ENGINEER, all rates, measures and amounts of compensation and the time for completion of performance shall be subject to equitable adjustment. SECTION 5 - PAYMENTS TO ENGINEER 5.1 Methods of Payment for Services of ENGINEER. 5.1.1 For Basic Services. OWNER shall pay ENGINEER for ali Basic Services rendered under Section 1 (as amended and supplemented by Exhibit SR-A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters") as follows: 5.1.1.1. On the basis of the Schedule of Hourly Rates and Other Charges (Schedule "E") with an amount not to exceed $~3~. 5.i.2 For Additional Services. OWNER shall pay ENGINEER for all Additional Services rendered under Section 2 on the basis agreed to in writing by the parties at the time such services are authorized. 3810m/405P/041190 -2- 5.1.3 Reimbursable Expenses. In addition to the payments provided for in paragraphs 5.1.1 and 5.1.2, OWNER shall pay ENGINEER the costs of all Reimbursable Expenses incurred in connection with all Basic Services and Additional Services in accordance with the Schedule of Hourly Rates and Other Charges (Schedule E). 5.2 ENGINEER shall submit monthly statements for Basic and "Additional Services rendered and for Reimbursable Expenses incurred. OWNER shall make prompt monthly payments in response to the ENGINEER's monthly statements. 5.3 ENGINEF~'s above charges are on the basis of prompt payment of bills rendered and continuous progress of the work on the Assignment until submission of the Report. 5.4 If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefor, "-aic~ '~!rtia~n d~y, ~-~ ~" ~it!on, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. SECTION 6 - COST CONTROL 6.1 OWNER's budgetary requirements and considerations in respect of the Assignment are set forth in paragraph 5 of Exhibit SR-A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters". 6.2 Opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by ENGINEER hereunder will be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified design professional. It is recognized, however, that ENGINEER does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' method of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the Report must of necessity be speculative until completion of its detail~ design. Accordingly, ENGINEER does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by ENGINEER to OWNER hereunder. 3810m/405P/041190 -3- ~ECTION 7 - MISCFJ~EOUS 7.1 Ali documents prepared or furnished by ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this Agreement are instruments of service and ENGINEER shall retain an ownership and property interest therein. OWNER may make and retain copies for information and reference; however, such documents are not intended or represented to be suitable for reuse by OWNER or others. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 7.2 The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms thereo~ through no fault of the terminating party. In the event of any termination, ENGINEER will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, ali reimbursable expenses directly attributable to termination. OWNER may terminate this agreement without cause upon 30 days prior written notice. 7.3.1 OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 7.3.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of ali covenants, agreements and obligations of this Agreement. 7.3.2 Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the wri%~en consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically statea to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 7.4 Insurance. 7.4.i ENGINEER shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or oi any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. -4- 3810m/405P/041190 7.4.2 Also ENGINEER shall procure and maintain professionalliability · nsurance for protection from claims arising out of performance of professional services caused by a negligent error, omission or act for which the insured is legally liable; such professional liability insurance will provide for coverage in such amounts, with such deductible provisions and for such period of time as set forth below, and certificates indicating that such insurance is in effect will be delivered to OWNER: ount: I Deductible: ...~ goo Effective Through: -C5~9~~ /~o" 7.4.3 ENGINEER will also cause professional associates and consultants retained by ENGINEER for the Project to procure and maintain comparable professional liability insurance coverage. ?.5~Design professional shall procure and maintain insurance policies with ~uen cov~rago~ and in such a~oungs and for ~ueh period of tl~e a~ requ~rtd by and ~et forth ~n paragraph 7.~.2 of rht~ Agr~,~ent. Gh~ h~.:~--~j~-~ .... .... ~h~t ...... ~id ~, b~l~ ,- - --~ c~ ~.~ ~-~-~ ~-~--~--~' ~-- ~-~ ...... ~vl!:~ ~:'~rh ~--~ ~ .c ...... ~ c~. than .=~&Sd prbfe'sslOnal's total 7.6 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 3810m/405P/041190 -5- .7 This Agreement (consisting of pages 1 to ~nclusive) together with Exhibit SR-A constitute the entire Agreement between OWNER and ENGINEER and supersede ali prior written or oral understandings. This Agreement and said Exhibit SR-A may only be amended, supplemented, modified or cancelled by a duly executed, written instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this. Agreement as of the day and year first above written. OWNER ENGINEER .C~ty of S~bas.tian Carro.ll ~.%.S,.ande.rs, PE Vice-President Address for Giving Notices: Address for Giving Notices: 2312 Wilton Drive Fort Lauderdale, Florida 33305 3810m/405P/041190 -6- EXHIBIT "SR-A" SEBASTIAN MUNICIPAL AIRPORT COMMUNITY COMPATIBLITY AND MASTER PLAN STUDY FURTHER DESCRIPTION OF BASIC SERVICES, DUTIES OF OWNER, METHOD OF PAYMENT AND RELATED MATTERS This is an exhibit attached to and made a part of the Agreement dated , 19 between City of Sebastian (OWNER) ~nd '""WilliamS3 Hatf-~_....& Stoner, Inc~' (~NGINF,~R~ fOr study and report professional services. 1. The Basic Services of ENGINEER as described in Section 1 of said Agreement are amended and supplemented as follows: Schedule "A" Scope of Services - Sebastian Compatibility and Master Plan Study 2. The responsibility of OWNER as described in Agreement are amended and supplemented as follows: Airport Community Section 3 of said None 3. The time period for the performance of ENGINEER's Basic Services is as follows: Schedule "C" Proposed Schedule 4. Terms used in describing the applicable method of payment for services rendered and Reimbursable Expenses incurred by ENGINEER shall have the meanings indicated below: None OWNER has established the following budget for the Assignment: 6. (Other) Schedule "B" Organizational Chart Schedule "D" Schedule of Fees Schedule "E" Schedule of Hourly Rates and 0ther Charges Schedule "F" Truth in Negotiation Certificate and No Contingent Fees Schedule "G" FAA Contractor Contractual Requirements Schedule "H" Public Entity Crimes Schedule "I" Standstill Agreement 3810m/405P/041190 - 7 - City of Sebastian POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 s FAX (407) 589-5570 SUBJECT= Airport Director Approved For Submittal By: city Manager ~" ) Dept. of Origin: City Manager ) ) Date Submitted: 05/08/90 ) ) Por Agenda Of: 05/28/90 ) ) Exhibits: - Chapter 3.5 City Code ) - Ordinance 0-90-02 ) - Job Description ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SDT4NARY STATEMENT Section 3.5 - 5 of the Sebastian code creates the position of Airport Director. Among other things, the Airport Director would submit, at the request of the City Council, an annual budget. This appears to be in direct contradiction to Section 2-10 of the City Charter which requires the city Council or its members to implement all policy matters through the appropriate charter officer. The Airport Director is not a charter officer. Additionally, Section 3.5 - 6 requires recommendations "by the board" for approval by the City Council of various matters. The Airport Advisory Board no longer exists. While the Agreement in Principle with the FAA mandates that the Community Compatibility and Master Plan Study be conducted through the City Manager's office, it does not require that the study be supervised by an airport operations manager. In fact, the intent of this section of the Standstill Agreement is to ensure a proper balance between airport and community planning. Therefore, the City project coordinator will remain the Assistant City Manager. The Assistant City Manager position is a "staff" position and as such should not include "line" (supervisory) responsibilities. The elimination of the Airport Director position would appropriately remove supervisory duties of the Assistant City Manager. RECOMMENDATION First reading of Ordinance 0-90-02 and set public hearing for June 13, 1990. ORDINANCE NO. 0-90-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 3.5-2 TO DELETE THE DEFINITION OF AIRPORT DIRECTOR; AMENDING SECTION 3.5-4 TO PROVIDE FOR THE AIRPORT MANAGER TO SUBMIT AIRPORT ACTIVITIES REPORTS AND GOVERNMENTAL REPORTS TO THE CITY MANAGER; DELETING SECTION 3.5-5 THEREBY DELETING THE POSITION OF AIRPORT DIRECTOR; AMENDING SECTION 3.5-6 TO PROVIDE THAT THE CITY MANAGER TO RECOMMEND THE EXPENDITURES FOR THE AIRPORT; AMENDING SECTION 3.5-6 TO PROVIDE THAT THE CITY MANAGER SHALL SUBMIT THE AIRPORT BUDGET TO THE CITY COUNCIL; RENUMBERING SECTION 3.5-6; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. That Section 3.5-2 of the Code of Ordinances of the City of Sebastian is hereby amended to delete the definition of airport director. SECTION 2. That Section 3.5-4 is hereby amended to read as follows: "Sec. 3.5-4. Airport manager. (a) The airport manager shall be appointed by the City Manager, and shall be an existing fixed base operator or another qualified person who shall administer and be responsible for the enforcement of field rules, operation procedures, and all maintenance and storage requirements in compliance with Federal Aviation Administration rules and regulations and city ordinances. The airport manager shall present for review, as requested by the City Manager, complete reports regarding any and all airport activities. All copies of Federal Aviation Administration and Department of Transportation reports will be submitted to the City Manager. (b) Field rules (Ref: Resolution No. R-79-11) are to be established and prominently displayed at the airport, by the airport manager. Field rules and city ordinance would, for the purpose of enforcement, be mandated on all air, ground, vehicular and pedestrian traffic. Penalties for noncompliance with any of the above would be disbarment from the airport for thirty (30) days for first offense, or permanent disbarment for a second offense by air or ground. None of the above is meant to except, duplicate, or relieve an offender of other existing FAA, state, county, civil or penal codes, rules or regulations." SECTION 3. That Section 3.5-5, pertaining to the establishment of the position and duties of the airport director, is hereby repealed in its entirety. SECTION 4. That Section 3.5-6 is hereby amended to read as follows: "Sec. 3.5-6. Finance. The finance director shall have custody of all airport funds as provided by the charter of the city. Expenditures of airport funds for operations, maintenance, renewal and replacement shall be approved by the City Manager. The City Manager shall annually, at the same time as is required by the city, prepare in 2 final form, a detailed budget for the ensuing fiscal year for approval of the City Council. All airport funds shall be subject to audit and the safeguards required of all other funds of the city." SECTION 5. Section 3.5-5. That Section 3.5-6 is hereby renumbered as SECTION 6. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the words "ordinance" may be changed to "section", "article", or other appropriate designation. SECTION 8. S~YERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it will be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision there by causing said remainder to remain in full force and effect. SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk 4 I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1990, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, city Attorney AIRPORT DIRECTOR NATURE OF WORK This is a responsible administrative position in the planning, organizing, directing and coordinating the operation and maintenance of the municipal airport and facilities. The employee, as a Department Head, exercises considerable independent Judgment in effectuating the responsibilities of this position under the general direction of the City Manager. ILLUSTRATIVE DUTIES Plans, organizes, directs and coordinates the activities of subordinates in the operation and maintenance of the airport. Responsible for seeking and procuring all future revenue bearing activities plus DOT and FAA funding for which the airport qualified, subject to the provisions of the City Charter. Additional public relation efforts and exploration would be required in the areas of leases, contracts, and concessions, to produce further revenues. Enforces federal, state and local regulations and statutes governing airport operations. Responsible for airport safety precautions. Effectuates decisions of policy as authorized by the City Manager and City Council. Prepare and monitors the budget for the airport. Approves all purchases for the airport. MINIMUM QUALIFICATIONS Strong background of administration and finance in airport/aircraft related fields, as well as a sound understanding of local government. Considerable knowledge of airport operations and maintenance. Knowledgeable of federal, state and local regulations and statutes concerning airport operations. Ability to prepare reports in concise organized and logical manner. ' Adopted by Resolution No. ~ Effective ~//~ / · 1989. City of Sebastian POST OFFICE BOX 780127 cl SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: 1ST READING OF ORDINANCE 0-90-03 1990 NATIONAL ELECTRICAL CODE Approved For Submittal By: City Manager ~~Y~ Agenda No. Dept. Origin DfFr. OF COm~ONITY D~ Date Submitted 5/16/90 For Agenda Of 5/23/90 Exhibits: Ordinance 0-90-03 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Construction Licensing Board recommended to the City Council to adopt the 1990 N.E.C. Code and subsequently, the City Council at the May 2, 1990 workshop approved the City Attorney to draft the proper ordinance amendment. RECOMMENDED ACTION Move to approve 1st reading of Ordinance 0-90-03 and set the public hearing for June 13, 1990. QRDIN~NCE NO.,.. 0-90-03, AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ADOPTION OF THE NATIONAL ELECTRIC CODE; AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 7-35 OF ARTICLE IIi TO ADOPT THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN EXCEPTIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. That Section 7-35 of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to read as follows: "Sec. 7-35. Adoption of National Electrical Code. There is hereby adopted by reference the 1990 edition of the National Electrical Code as published by the National Fire Protection Association, subject to such amendments and additions which may appear elsewhere in this article and except insofar as any of the provisions of the National Electrical Code, by their nature, could have no application within the city." SECTION 2. CQNFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the city Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the words "ordinance" may be changed to "section", "article", or other appropriate designation. SECTION 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it will be presumed that the City Council of the city of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision there by causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Councilman The Councilman vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau motion was seconded by and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of .......... , 1990, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, city Attorney 3 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (4O7) 589-5330 [] FAX (407) 589-5570 SUBJECT= City Hall Renovations ) Agenda No. Approved For Submittal By: City Manager ~ ' ) ) Dept. of Origin: city Manager ) ) Date 8ubmltted: 05/17/90 ) ) For Agenda Of: 05/23/90 ) ) Exhibits: - Proposed Floor Plan ). EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED= SUMMARY STATEMENT The Community Development Department recently relocated to the north annex building and vacated some 850 square feet on the first floor of city Hall. The Veterans Service Office will be moving into this area after renovations are complete. The new records vault is completed and the shelving and carpet are to be installed in early June. The City Manager's Office needs improvement since the files are now kept in the Conference Room and there is no storage area for records in transition to storage. The proposed renovations include three (3) general areas: 1. The old Community Development space would now include a conference room located directly off the hall and three (3) offices within the area. 2. The City Manager's Offices would be reconfigured and provide for a reception area and hall way directly to the Manager's office and Assistant Manager's office, moving the Administrative Assistant and file cabinets to the same office and provide for badly needed storage of supplies and records. 3. The City Clerk's Office would be renovated to include a production room in the old records area, a new reception area and counter and an office for the Deputy City Clerk. RECOMMENDED ACTION Approve recommendation of City Manager for renovations of City Hall and to direct the City Manager to complete renovation construction plans and bid the project.-/~/~!'~J/'~/~// City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: 1ST READING OF ORDINANCE 0-90-04 COVrRACrOR LIC~VSING AND FEES Approved For Submittal By: City Manager ) Agenda No. --/~,/~~/~//~ ) ) Dept. Origin DEPT. OF CO~DN/TY D ~EV~ ) /ax) ~T~zZ ) Date Submitted 5/16/90 ) ) For Agenda Of 5/23/90 ) ) Exhibits: ) ) Ordinance 0-90-04 ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Council at its regular workshop meeting of May 2, 1990, approved the City Attorney to draft Ordinance 0-90-04 concerning contractor licensing and an increase in examination fees. RECOMMENDED ACTION Move to approve 1st reading of Ordinance 0-90-04 and set the public hearing for June 13, 1990. ORDINANCE NO.: 0-90-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICL~ VII OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CONTRACTORS; AKENDING SECTION 7-91 TO REVISE THE DEFINITION FOR SPECIALTY CONTRACTORS; AMENDING ORDINANCE NO. 90-01 PERTAINING TO THE AMENDMENT MADE TO SECTION 7-92 T~REIN; AMENDING SECTION 7-95 TO PROVIDE FOR CONTRACTORS TO POSSESS A CURRENT OCCUPATIONAL LICENSE FROM INDIAN RIVER COUNTY, FLORIDA; AMENDING SECTION 7-97 PERTAINING TO THE IMPOSITION OF VARIOUS FEES FOR APPLICATIONS, EXAMINATIONS, COMPETENCY CARDS, DUPLICATE LICENSES, CHANGES OF STATUS, LETTERS OF RECIPROCITY, RENEWALS AND REACTIVATION OF LICENSES; PROVIDING THAT THE ORDINANCE IS SUPPLEMF. NTAL; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE ~ AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the construction industry is a matter substantially affecting the public interest; and, WHEREAS, to protect the health, safety and general welfare of the public, it is necessary to ensure that individuals and entities engaged in the construction industry are duly qualified and that construction is performed in accordance with the Code of ordinances of the city of Sebastian; and, WHEREAS, existing laws, ordinances and enforcement procedures have not ensured substantial compliance; and, WHEREAS, certain measures can be taken to better regulate the construction industry and enforce the laws and ordinances enacted to protect the public health, safety and general welfare; and, WHEREAS, the existing fees charged pursuant to Article VII of Chapter 7 of the Code of Ordinances of the City of Sebastian do not sufficiently reimburse the City for the expenses incurred by the City in administering the provisions of Article VII. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 7-91 of the Code of Ordinances of the City of Sebastian is hereby amended by revising the definition of "specialty contractors" currently set forth therein to read as follows: "Specialty Contractors are those who can qualify with a minimum of two (2) years experience, one-half (1/2) of which must be in a supervisory capacity, who specialize in one or more crafts of the building construction and related contracting trades whose scope is less than those contractors defined above and as limited under the certificate of competency issued by the board to such specialty contractor. The board may further classify and define specialty contractors in such rules and regulations it promulgates in accordance with this Chapter. All specialty contractors whose trade is tested by Block & Associates must take such examination and receive a passing grade of at least seventy-five (75) on the examination for their trade which is administered by Block & Associates." 2 SectiQD 2. Section 2 of Ordinance No. O-90-01 which was enacted by the City Council of the City of Sebastian is hereby revised to designate the new paragraph added to Section 7-92 of the Code of Ordinances of the City of Sebastian regarding the removal of board members of the Sebastian Construction Board as paragraph "(m)" S~.~tion 3. Section 7-95 of the Code of Ordinances of the city of Sebastian is hereby amended by deleting the existing Section 7- 95 in its entirety and adding the following new provisions in lieu thereof to read as follows: "Sec. 7-95. Indian River County Occupational License. In order to be issued a certificate of competency from the board or from the City, whether .for a new certificate of competency or for a activation, reactivation or renewal thereof, the applicant must provide the board or the city with evidence that the applicant possesses a current, valid occupational license issued by the office of the Tax Collector for Indian River County, Florida. This requirement shall not affect those contractors holding a current, active, valid certificate of competency issued by the board at the time this provision is effective." 3 Section 4. Section 7-97 of the Code of Ordinances of the City Sebastian is hereby amended in its entirety to read as follows: "Sec. 7-97. Fees. 1. Application fee $75.00 2. Written Exam'fee - Sebastian $75.00 3. Written Exam fee - Gainesville $135.00 4. Oral Exam fee - Gainesville $185.00 5. Competency Card annual fee $30.00 6. Issuance of duplicate Comp. Card $5.00 7. Change of Status fee $25.00 8. Letter of Reciprocity $15.00 9. Renewal fees for Comp. Cards a. October 1 through October 15 b. October 16 through March 31 April 1 through September 30 eo $30.00 surcharge $30.00 surcharge $60.00 If renewed more than one year $75.00 but less than three years from the previous expiration date Inactive Competency Card $10.00 Reactivate an Inactive $20.00 Competency Card after reapplication to, and approval by the board of plus 20% Note that no Competency Card can be renewed more than three years after it has expired. plus 10% Section 5. ORDINANCE SUPPr.~4ENTAL. The provisions of this ordinance are supplemental, in addition to, and not in derogation of, all existing ordinances effective in the city of Sebastian, Indian River County, Florida. Sect.ion 6. CODIFICATION. It is the intention of the City Council of the city of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be change to "Section", "Article" or other appropriate designations. Section 7. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 8. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. 5 The foregoing Ordinance was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly 'passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1990, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney MAY 1990 E INDIAN RIVER COUNTY BOARD OF COMMISSIONERS: WE THE UNDERSIGNED SUPPORTERS AND USERS OF THE SEBASTIAN AREA COUNTY LIBRARY RESPECTFULLY REQUEST THAT THE NAME SEBASTIAN AREA COUNTY LIBRARY BE RETAINED AS THE NAME OF THE NEW LIBRARY UNDER CONSTRUCTION AT CR 512 AND ROSELAND ROAD. THIS NAME RECOGNIZES THE EXTRAORDINARY EFFORTS AND CONTRIBUTIONS OF SEBASTIAN AREA PEOPLE AND Tile SEBASTIAN CITY COUNCIL IN ESTABLISHING AND DEVELOPING THE SERVICES AND PROGRAMS OF THIS LIBRARY, AND IT ALSO RECOGNIZES THAT THE LIBRARY IS A .DEPARTMENT OF'COUNTY GOVERNMENT. THANK YOU. TRI£ND£ 0£ ££9A£TIAN AREA OUNTY LI9RARY P.O. Box 1313 Sebastian, [lo~rida 32958 Apri I ?h, 1990 Ms. CaroLyn K. Eggert, Chairman Board of County Commissioners 1840 25th Street Vero Beach, F1 32960 Dear Ms. Eggert: At the April 23, 1990 meeting of the Friends of the Sebastian Area County Library a discussion.was held concerning the name of the library now under construction on C.R. 51~ in Sebastian. There were strong feelings voiced among the member- ship that the name "Sebastian Area County Library", or a varLation there6f, Should be retained, instead of "North County Community Library", by which the new library has been referred. A motion was passed directing the President of the Friends ~o request that the Board of County Commissioners consider the name "Sebastian Area Community Library" for the new facility, noting that the term "Sebastian /~l'l:;l", ;1; il. Jla5 t~,'~l ~f',~l i~i~,l~ri~:;~lly, [Jlln!;'Jll rClCJ identiJ'y Lite service area i)1' l. llu new library. !t is on behalf of' the Friends that i send this requust f'or your serious e~l~t'.ideration. Sincerely, Elizabeth O'Connor, Presideot PATRICK B. LYONS 2150 Indian Creek Boulevard, E Indian River Estates, Apt. B-116 Veto Beach, Florida 32966 The lion. Carolyn ER~ert Indian River Dear Ca?olvn: T've ),e~rH that th~.re in some possibility Chat a new (t r~m.q~n~ tmch~n~od. It hn~ survived ~'~ro{,~l~ thick and thin LP ~n environment re~,~i],, subject re Dol~ticol ~urmoil. The nnme was chosen after con~!der,qt'le thnuzht bv t!~e original l~l-rary's founders and the su)mtmnt(mt ciFPm. Tb~ name is Dart o.F tl:e name of tt~e associated there ~.~ ~,me qtln~rloD ~.~ tm wherever or not ~},e [:end issue for pJer, n~ l,~f;-),,, :t hefowe r'L,%P For n roco-:mcn(lat[ot~. I'atr~ clt Il, City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 May 10, 1990 Ms. Carolyn K. Eggert Chairman, indian River County Commission Indian River County 1840 25th Street Vero Beach, FL 32960 Re: Sebastian Area County Library Dear Commissioner Eggert: We have heard that it is your intention to rename the Sebastian Area County Library to the "North County Library" once the new building is completed. I encourage you to retain the name "Sebastian Area County Library". To my knowledge, neither the county advisory board nor the County Commission has taken any formal action on renaming the library. I am concerned that renaming the library would mean a loss of volunteers and a loss of identity that this library has had for many years. In fact, today, May 10, 1990, is the seventh anniversary of the opening of the Sebastian Area County Library. The current library is housed in a building owned by the City of Sebastian. The rent of one dollar per year represents a sizeable donation to Indian River County. I ask you to'show your consideration by not taking "Sebastian" out of the library's name. Please do not change the name of the "Sebastian Area County Library". Sincerely, W. E. Co~ Mayor RSM/jmt TeJephor~e; (407) 567.8000 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Veto Beach, Florida 32960 Suncom lelephone: 224-I011 The Honorable W. E. Conyers Mayor, City of Sebastian P. O. Box 780127 Sebastian, Florida 32978 RE: Sebastian Area County Library Dear Mayor Conyers: In regard to your letter of May 10, 1990 regarding the Sebastian Area County Library, the matter of changing its name has not come before the County Commission at this time. I assume that it would go before the Public Library Advisory Board for a recommendation before being brought before the County Commission. if it is placed on a County Commission agenda, I assure you that I will give your request my earnest consideration. Sincerely, Gary(~C. Wheeler County Commissioner GCW:aw SEBASTIAN HIGHLANDS PROPERTY OWNERS ASSOCIATION C/O HARRY DiSALVIO, PRESIDENT 641 BRADDOCK STREET SEBASTIAN, FL, 32958 MAY 15, 1990 The Hon. Carolyn Eggert, Chairman and Members of the Board of County Commissioners !840 25th Street Vero Beach, FL 32960 Dear Commissioners: At a regular meeting of the Board of Directors of the Sebastian Highlands Property Owners Association held on blay 14, 1990 a motion was made, seconded, and unanimously approved to send a letter to the Board of County Commissioners requesting that the original name of the Sebastian Area County Library be retained. Before the Library opened seven years ago this name was chosen to describe the service area of the Library and to show that it was part of a County-wide system. Many area individuals, organizations, businesses, and the City of Sebastian have volunteered and contributed financially and in-kind to the support of the Library and to the passage of the referendum that made the two new buildings possible. The name Sebastian Area County Library is familiar to all and will be as appropriate for the future as it has been in the past. Thank you for your consideration. Sincerely~ Harry DiSalvio, President City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 SUBJECT: Golf Course Restaurant -- Request for Proposal Approved For Submittal By: city Manager Agenda No. Dept. Origin Date Submitted 5/16/90 For Agenda Of 5/23/90 Exhibits - Draft Request for Proposal - Sample Menu bid from another municipal golf course (prepared 10/89) - Restaurant Occupational License Holders EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUM~4ARY STATEMENT At the direction of the city Council, the staff has reviewed numerous municipal golf course restaurant bids and leases, and we have developed a detailed Request for Proposals ("RFP") for the golf course clubhouse restaurant and "half-way house". For your convenience, outlined below is a summary of the attached, recommended RFP. Hours of ODeratio~ ..... Menu. and Prices The restaurant will be open from 6:30 a.m. until 8:00 p.m., seven days per week. Prices and quality are required to be in line with local restaurants. - 2 - To give you an idea of the type of menu we expect, a sample menu from the.su?cessful proposer for another Florida municipal golf course bid is included in the back-up. ~imeframe By September 1, 1990, we expect to have a lease in place with an independent contractor who will run the Golf Course Restaurant and "half-way house." The lease will be for a period of two years -- with renewal options. Revenue to the City Ail restaurant sales will be recorded by cash register, and at least ten percent of the restaurant's gross receipts will be paid to the City. (Bidders may well choose to offer a greater ~ercentage to the City, and this will be one factor we consider in evaluating proposals.) Utilities The contractor will be responsible for paying a proportionate share of the electricity along with trash removal and pest control; the City will provide water. Should the County sewer system become available and the City connect, the contractor will be responsible for a percentage of the monthly service charges. insurance To protect the City, the contractor will be required to provide insurance coverage -- including worker's compensation, general liability, contractual liability, and liquor liability -- naming the City as an additional insured. The Florida League of cities advised it is "customary" to require independent contractors to carry identical limits as the City carries. Therefore, we are recommending $1 million limits for general and liquor liability per occurrence. Bond Compliance While we do not expect a problem, if the City Counsel directs staff to proceed, we will ask our bond counsel, Squire, Sanders, and Dempsey, for a written opinion to ensure such a lease complies with the 1984 bond covenants. - 3 - Liouor License We now have an ii-C, private club liquor license which enables greens fees players and their guests to purchase alcoholic beverages. The Fort Pierce office of the Bureau of Alcohol, Tobacco, and Firearms ("ATF) has advised us our current club liquor license ~ be transferred, and if we lease the facility, we cannot keep the license. Therefore, the successful proposer will need to obtain a liquor license. According to ATF, two options are available: (1) the Proposer can apply for the ii-C, private club liguor license; the application fee is $400. This permits beer, wine, and alcohol to be served to members and their guests. (2) the Proposer can apply for a 2-COP (consume on premises) license; the application fee is $315. While only beer and wine could be served, there would be no membership requirement. Since opening the restaurant to the public could significantly increase revenues, the staff recommends the 2-COP, beer and wine license. other As a safeguard, the city furnishings, renovations, entertainment. will have the right to approve all hours of operation, menu, prices, and Bidders In addition to those individuals who have expressed we plan to send the RFP to all people with a occupational license for a restaurant (a copy included in the back-up). an interest, current City of which is Lease In preparing the final lease, the City Attorney will make modifications as necessary to protect the city's interests. RECOMMENDED ACTION Select the desired type of liquor license to Motion to direct staff to proceed. be required and II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. Draft Request for Proposals for Food Service Concession for city of Sebastian Municipal Golf Course Introduction Nature of Concession Service City Demographics Description of Golf Course Description of Concession Facilities Scope of Services A. Menu B. Minimum Hours of Operation C. Concession Operations D. Quality of Service E. Facility Manager F. Staffing G. Licensing Term of Agreement Proposer Qualifications Bid Procedures Timetable Compensation Calculation Late Payments Payment of Fees Reports and Records A. Types of Records B. Inspection of Records C. Weekly Sales Report D. Monthly Sales Report E. Independent Audit Taxes A. Sales and Use Tax; Property Tax Page 1 1 1 1 2 2 2 3 3 3 3 3 4 4 4 4 6 8 8 8 8 9 9 9 9 9 9 10 10 Draft REP for Golf Course Concession XIV. XVI. XVII. XVIII. XIX. XX. XXI. XXII. XXIII. XXIV. XXV. XXVI. XXVII. Alterations or Improvements A. By the City B. By the Proposer insurance A. Prior to contract effective date B. Upon contract effective date C. insurance Certificates D. Insurance Cancellation E. Annual Review Indemnification Utilities A. Electricity B. Water C. Sewer D. Sanitation Equipment A. Contract Expiration B. Contract Termination Maintenance A. Destruction of Premises City's Right of Approval Non-Discrimination Inspection by the City Rules, Ordinances, and Laws Assignment, Sub-Leasing, and Successors in Interest Cancellation by the city Cancellation by Proposer Personal Guaranty of Shareholders of a Corporate Proposer 10 10 11 11 11 11 12 12 12 12 12 13 13 13 13 13 14 14 14 14 14 15 15 15 15 15 16 17 Draft Request for Proposals for Food Service Concession for City of Sebastian Municipal Golf Course I. INTRODUCTION The City of Sebastian will accept proposals until 4:30 p.m. on Friday, June 29, 1990 for the purpose of selecting a Proposer to provide a food service operation for the Sebastian Municipal Golf Course. It is the City's intent to have a contract for a food service operation at the municipal golf course in place by September 1, 1990. A description of the Golf Course, sought, and bidding requirements below. the type of services being and procedures are addressed Proposers are encouraged to visit the Golf Course tour. Arrangements may be made by calling Acting Business Manager Jim DeLarme at (407) 589-6801. for a site Golf Course Ii. NATURE OF CONCESSION SERVICE It is the intent of the City of Sebastian that operation be made available within the'clubhouse snack bar located at the ninth hole on the Sebastian Municipal Golf Course. a food service facility and a grounds of the It is the further intent of the City that the food service operation feature a menu appropriate for the clientele using the facility, food and refreshments for the better accommodation, convenience and welfare of the general public using said facility. The Proposer shall sell, on the concession site, food, beverages, including drinks, fermented malt beverages, vinous beverages, ice cream, tobacco products, other such refreshments, and related sundry items. III. DEMOGRAPHICS Located on Florida's Treasure Coast in Indian River County, the City of Sebastian's 1990 population is 10,813. Approximately 16 percent of the population is seasonal. Indian River County's total population is 92,400. IV. DESCRIPTION OF GOLF COURSE 1 Draft REP for Golf Course Concession Page 2 Sited on 154 acres, the City operates a regulation 18 hole, par 72 regulation public golf course. Course facilities include: a clubhouse with locker room, pro shop, and dining room; cart storage; public parking; and a driving range. As of May, 1990, detailed below. the Golf Course had 317 annual memberships, Family Resident Single Resident Family Non-Resident Single Non-Resident 78 66 81 92 Between January 1, 1989 and December 31, 1989, 75,025 rounds of golf were played. Between November 1, 1989 and April, 1990, 39,007 rounds of golf were played. V. DESCRIPTION OF CONCESSION FACILITIES The Clubhouse restaurant has a seating capacity of 60. Located on the 9th hole is a 144 square foot snack bar. Appendix A details the equipment which is available. The Proposer will have the nonexclusive right to the use of the restrooms in the Golf Clubhouse whenever the facilities are open. VI. SCOPE OF SERVICES A. Menu The Proposer must include a sample menu noting anticipated fare to be offered in the concession area. Anticipated prices must be included for each meal and item. A suggested listing of available drinks, beverages, and their prices must accompany the sample menu. The Proposer agrees to provide for the public, at the concession site, food drink and service of a high standard, equivalent in quality and price to that generally furnished to the public at similar places of comparable size and scope in the city and surrounding areas. Prices of all merchandise sold shall be posted in a conspicuous place at the concession area. No other advertising signs will be permitted at the concession site without the written consent of the City. - 2 - Draft REP for Golf Course Concession Page 3 The Proposer shall post a conspicuous notice at a location in the Concession area, in plain view of the public, that identifies Proposer as the owner and operator of the Concession. An identical notice shall be included on the menu. B. Minimum Hours of Operation Concession services shall be required to operate seven days a week -- including all holidays -- during the normal hours of operation of the Golf Course. The first tee time is 7:00 a.m., so the concession must be open for service at 6:30 a.m. The course closes at 8:00 p.m. Food services must also be available for tournaments, special events and meetings. The Proposer shall submit a schedule of intended hours of operation for review and approval by the City; the approved schedule shall be incorporated in the resulting agreement. C. Concession Operations The Proposer shall operate the concession facilities in a business-like manner appropriate to the image of a Golf Course operation. The City makes no guarantee of profitability for this operation. All expenses and losses are to be borne exclusively by the Proposer. Concession operations shall be conducted in an orderly manner, without unnecessary disruption to Golf Course operations. The Proposer shall control and correct objectionable conduct, demeanor, and appearance of its employees as required by the City. D. Quality of Service Food service operations shall be conducted to offer high quality service at all times. Food and drink shall be consistently of high quality. E. Facility Manager The Proposer will designate a Facility Manager who will be avail- able during hours of operation. F. Staffing Sufficient attendants shall be available to provide outstanding service. The Proposer shall bear all responsibility for the continuous staffing of the concession facility. All state and local regulations pertaining to food service personnel must be adhered to. The Proposer must assure appropriate dress of all staff. Labor relations, including exclusive duty and right of ever, reserve the right to hiring and firing, shall be the the Proposer. The City shall, how- review employees and require the - 3 - Draft REP for Golf Course Concession Page 4 replacement of those who are abusive, under the influence of or habitual users of alcohol or drugs, afflicted by diseases, or whose conduct or appearance otherwise detracts from the facility's reputation and profitability. The Proposer agrees to facility's three current waitress/utility persons. give consideration to hiring the employees: one bartender and two G. Licensing The Proposer shall be responsible for securing all necessary permits and licenses for the operation of the concession. These shall include, but not be limited to: building permits, health permit, food service inspection, and a (add tvDe) beverage license. VII. TERM The City of Sebastian shall lease the food service operation to the Proposer for a term of 24 months,.commencing September 1, 1990; the first contract period shall expire August 31, 1992. Provided that there has been no default.by the Proposer, the City may elect to renew the lease for a minimum of two additional periods of one year each. Consideration shall be accorded to extend one or more renewals beyond the two one-year extension periods should the Proposer request extensions, and should further extensions be in the City's best interests. VIII. PROPOSER QUALIFICATIONS Proposers must include the following data in their proposals: - copy of their financial statement for the last fiscal year - listing of similar concession operations which they operate - business references - resumes of management staff who will coordinate and operate concession - performance statement specifying Proposer's expectations of accomplishment in the first year of concession operation - Federal I.D. Number of Proposal Under Florida law, this information will become public when the bids are opened. IX. BID PROCEDURES - 4 - Draft REP for Golf Course Concession Page 5 Seven signed copies of your proposal shall be submitted in one sealed package, clearly marked on the outside "Sealed Proposal for: Food Service Concession for Sebastian Municipal Golf Course", and addressed to: Kath~r~n O'Halloran City Clerk Post Office Box 780127 1225 Main Street Sebastian, Florida 32978 Proposals shall clearly indicate the legal name, address, and telephone number of the Proposer (corporation, firm, partnership, .or individual). Proposals shall be signed.above the typed or printed name and title of the signer. The signer shall have the authority to bind the Proposer to the submitted proposal. Ail expenses for making proposals to the City are to be borne by the Proposer. Any proposals received after 4:30 p.m. on Friday, June 29, 1990 will not be considered. It shall be the sole responsibility of the Proposer to have their proposal delivered to the City Clerk's Office for receipt on or before the above-stated time and date. If a proposal is sent by U.S. Mail, the Proposer shall be respon- sible for its timely delivery to the City Clerk's Office. Pro- posals delayed by mail shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the Proposer's request and expense. Each Proposer shall examine all request for proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the Request for Proposals shall be made to Assistant City Manager Jo Anne Townsend. The City shall not be responsible for oral interpretations given by any city employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all known prospective Proposers; however, it shall be the responsibility of each Proposer, prior to submitting the proposal, to contact the City Manager's office at (407) 589-5330 to determine if addenda were issued and to make such addenda a part of their proposal. Any proposal may be withdrawn up until the date and time set above for opening of the proposals. Any proposal not so withdrawn shall, upon opening, constitute an irrevocable offer for a period of 90 days to sell to the City of Sebastian the - 5 - Draft REP for Golf Course Concession Page 6 goods or more of Council. services set forth the proposals have in the specifications until one or been duly accepted by the City The City reserves the right to accept or to reject any or all proposals, to waive irregularities and technicalities, and to request resubmission. There is no obligation on the part of the City to award the contract to the highest Proposer, and the City reserves the right to award the contract to the Proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interests of the City. The City shall be the sole judge of the proposal, and the resulting negotiated agreement that is in its best interest and its decision shall be final. Ail applicable laws and regulations of the State of Florida and ordinances and regulations of Indian River County and the City of Sebastian will govern the interpretation and administration of this RFP and any resulting agreement. Venue for any action to interpret or enforce the resulting agreement shall be Brevard County, Florida, unless otherwise waived by the City. The City will consider specifications contained Such proposals must be time of submittal. alternate proposals differing from the in this Request for Proposal document. clearly labeled "Alternate Proposal" at Alternate proposals must specify any and all differences from requirements as noted herein. Areas not explained shall be assumed to meet the noted requirements. X. TIMETABLE Friday, June 1, 1990 Request for Proposals will be issued Friday, June 29, 1990 Deadline to submit proposals. (No late proposals will be accepted.) Monday, July 2, 1990 Proposals opened and recorded at 10:00 a.m. These proposals will be publicly opened in the City Manager's Conference Room, City Hall, 1225 Main Street, Sebastian, Florida. Ail Proposers -- or their representatives -- are invited to be present. Monday, July 2, 1990 - Friday, July 6, 1990 Selection Committee review and evaluation - 6 - Draft REP for Golf Course Concession Page 7 The city's Selection Committee will consist of the city Manager, Assistant City Manager, Golf Course Business Manager, and a representative of the Finance Department. The Selection Committee will review all proposals and select finalists for contract award consideration. The Selection Committee will select the most responsive proposals based on information submitted by vendors. Finalist selection shall not remuneration to the City. receive consideration include, to, the following: be based solely on Factors which shall but are not limited experience in similar projects financial soundness reputation responsiveness to the provisions of the Request for Proposal ability of Proposer to carry out the proposal plans Friday, July 6, 1990 Selected vendors will be notified of their finalist status The finalists will be required to make a formal presentation before the review committee, and may be required to make a similar presentation before the City Council to further explain and to clarify their proposal. All costs incurred in any presentations shall be borne exclusively by the Proposer. Final contract award, if any, shall be made by the City Council. Monday, July 16, 1990 Oral presentations to Selection Committee by finalists. Following the oral presentations and interviews, the Selection Committee will rank order the Proposers. Friday, July 20, 1990 Rank order transmitted to the City Council Wednesday, July 25, 1990 City Council approval of rank order and direction to staff to begin contract negotiations with the highest ranked firm. - 7 - Draft REP for Golf Course Concession Page 8 Thursday, July 26, 1990 - Contract negotiations begin Any agreement or contract resulting from the acceptance of a proposal shall be on forms either supplied by or approved by the City and shall contain, as a minimum, applicable provisions of the reguest for proposal. The City reserves the right to reject any agreement which does not conform to the request for proposal and any City requirements for agreements and contracts. Should the City be unable to come to terms highest ranked firm, the next highest firm contacted. with the will be Friday, August 10, 1990 Wednesday, August 15, 1990 Saturday, September 1, 1990 Recommended contract distributed to City Council Contract presented to city Council for approval Contract effective XI. COMPENSATION A. Calculation The Proposer shall prepare its bid based on a minimum 10% base of the food service operation's gross receipts from direct or indirect all food and beverage sales, payable to the City. "Gross receipts" are defined as sales for cash or on credit, less applicable sales tax and added gratuities, if any. This fee shall be specified in the Proposer's proposal as a percentage of gross receipts and shall apply during every month of the concession's operations. B. Late Payments Failure to pay percentage of gross receipts fee on the tenth day following the end of each calendar month shall result in interest being charged by the City at the rate of two (2) percent monthly of last month's gross receipts. C. Payment of Fees Ail payments must be made in U.S. payable to "City of Sebastian." dollars; checks must be made Proposer shall submit all payments of percentage fees, plus any other payments to: - 8 - Draft REP for Golf Course Concession Page 9 City of Sebastian Finance Department Post office Box 780127 1225 Main Street Sebastian, Florida 32978 XII. REPORTS AND RECORDS A. Types of Records Ail sales, whether for cash or on credit, are to be recorded by cash register. The cash register shall be read daily, before sales begin by the Golf Course Business Manager. The Proposer shall maintain during the term of the contract all books of account, reports, and records customarily used in this type of operation. The form of all such records and reports shall be subject to the approval of the City's auditors. The Proposer agrees that it will keep and preserve for at least three years all sales slips, cash register tapes, sales books, cash deposit receipts, bank books, or duplicate deposit slips, and other evidence of gross receipts and business transacted for contract period. B. Inspection of Records During normal business hours -- 8:00 a.m. through 5:00 p.m., Mondgy through Friday -- the City or its Agents may audit and examine all records relating to Proposer's operation of the food service operation. C. Weekly Sales Report The Proposer shall submit to the Golf Course Business Manager a weekly sales report detailing revenues realized from the sale of foods and beverages. D. Monthly Report to City On or before the tenth day following the end of each calendar month throughout the term of the contract, Proposer shall furnish to the City's Finance Department and Golf Course Business Manager, a report of gross receipts earned during the preceding calendar month, on forms approved by the City. The report shall be signed by the Proposer, certifying to the accuracy of such gross receipts. Monthly gross receipts percentage fee due shall be paid with the submission of the report. E. Independent Audit - 9 - Draft REP for Golf Course Concession Page 10 The Proposer shall submit to the City's Finance Department, at Proposer's expense and within sixty days following each twelve month period under the contract, a certified report prepared and certified by an independent Certified Public Accountant, as to the correct gross receipts per month arising from the concessions operations; prepared in conformance with the American Institute of Certified Public Accountant's Requirements for "Special Reports." XIII. TAXES A. Sales and Use Tax; Property Tax The Proposer shall be liable for the prevailing sales and use tax imposed on rent for amounts payable to the City under the contract. This sales and use tax shall be payable to the City. The Proposer shall pay promptly all taxes, excise or license fees of whatever nature, applicable to this operation, and take out and keep all licenses, municipal, state or federal, required for the conduct of the business, and further, shall not permit any of said taxes, excise or license fees to become delinq~/ent. The Proposer also shall not permit any mechanic's or materialman's or any other lien to be imposed upon the property hereinabove described or any part or parcel thereof by reason of any work or labor performed, or materials furnished by an mechanic or materialman to said concession or upon or regarding said property or said concession herein granted. The Proposer shall make available, upon request,, duplicate receipts or other satisfactory evidence showing the prompt payment of the social security, unemployment compensation and all taxes and fees above referred to, and showing that the said workmen's compensation insurance and all required licenses are in good standing. The Proposer shall pay promptly when due all bills, debts and obligations incurred in connection with the operation of the concession and shall not permit same to become delinquent and suffer no lien, mortgage, judgment, e~ecution or adjudication in bankruptcy which will in any way impair the rights of the City under this Agreement. XIV. ALTERATIONS OR IMPROVEMENTS A. By the City The City reserves the right, from time to time, at its own expense and by its officers, agents and contractors, to make such renovations, repairs and changes in and about the premises, other than those herein provided for the Proposer to do, as the city deems desirable -- including renovation/replacement of the existing premises with a new golf course clubhouse. In such - 10 - Draft REP for Golf Course Concession Page 11 event, the Proposer agrees to make no claim against the city, its officers, agents and contractors, for interference with, loss or damage to the business during such renovations, repairs and changes; provided, however, that payment of compensation by Proposer shall be abated for any period during which the Proposer prevented from conducting its business due to such renovations, repairs, and changes. B. Improvements by Proposer The Proposer shall have the right to improve the facilities in a proper and pleasing decor -- subject to the approval of the city Manager or his designee. Ail such improvements shall meet all applicable codes and shall be paid for and erected by the Proposer. XV. INSURANCE Generally, the Proposer must provide Worker's Compensation Insurance for all concession staff and must defend and hold harmless the City from any claims and lawsuits resulting from injury to or actions of the employees of the Proposer. Specific requirements are: A. Prior to contract effective date At any time during the period that the Proposer has personnel doing work and furnishing necessary labor to complete a contract for the City, the City must be fully protected by the Proposer having the following: 1. Worker's Compensation Insurance. The Proposer shall require any and all subcontractors similarly to provide Worker's Compensation Insurance for all of the latter's employees who are engaged in such work unless such employees are covered by the protection afforded by the Proposer's insurance. 2. General Liability Insurance with combined single limits of $1,000,000.00 -- to include Products Completed operations coverage, Premises liability, Contractual liability, and Personal liability. The City of Sebastian is to be named as an additional insured. B. Upon contract effective date The Proposer shall maintain the during the contract term: following insurance coverage 1. Worker's Compensation Insurance -- as required by Florida statutes; - 11 - Draft REP for Golf Course Concession Page 12 2. General Liability Insurance -- on a comprehensive basis, including Products completed operations Liability, in amounts not less than $1 million per occurrence for Bodily Injury, and not less than $1 million for property damage per occurrence; 3. Contractual Liability Insurance -- covering all liability arising out of the terms of the contract; million. 4. Liquor Liability insurance -- with a limit of $1 This is to be an occurrence policy. C. Insurance Certificates 1. Proposer shall furnish certificates of insurance and copies of insurance policies to the City Clerk, 1225 Main Street, Post Office Box 780127, Sebastian, Florida 32978, at least fifteen days prior to commencement of operations, as applicable, and annually thereafter. 2. Certificates shall clearly name the City of Sebastian as additional insured, and shall contain a clause specifying that the insurance carrier must advise the City in writing thirty (30) days before cancellation of any coverage. D. Insurance Cancellation Should any of the required insurance policies be cancelled before the expiration date or nonrenewed, the issuing company will provide 30 day written notice to the certificate holder (City of Sebastian). E. Annual Review The City reserves the right to an annual review and revision of required insurance coverages. XVI. INDEMNIFICATION The Proposer agrees, insofar as it legally may, to defend, indemnify and hold harmless the City of Sebastian, its officers, employees and agents from and against all loss, costs, expenses -- including attorneys' fees at trail and all appellate levels, claims, suits and judgments, whatsoever in connection with injury to or death of any person or persons or loss of or damage to property resulting from any and all operations performed by Proposer, its officers, employees, and agents under any of the terms of this contract and resulting from any water provided to Proposer by the City. XVII. UTILiTIES - 12 - Draft REP for Golf Course Concession Page 13 A. Electricity The Proposer shall pay, electricity. on a monthly basis, 60% of the B. Water The City will provide water -- but not guarantee its quality. C. Sewer During the term of any resulting Agreement, should Indian River County sewer become available and the City connects, the Proposer shall be responsible for % of the monthly service charges -- including all taxes and f~-~nchise fees. D. Sanitation In light of the current septic tank system, Florida Department of Health and Rehabilitative Services regulations limit the Proposer to the use of only paper plates and plastic utensils. When the County sewer system becomes available and should the City connect, other options might be explored. The Proposer shall keep all fixtures, equipment and personal property, whether owned by the Proposer, the City or their parties, in a clean, sanitary and orderly condition at all times, and conduct the food service operation strictly in accordance with all applicable code requirements including, but not limited to, the Health Department of Indian River County. The Proposer shall also be responsible for maintaining the floors in the kitchen and storeroom areas and the dining areas, and shall keep clean the trash areas. The Proposer is responsible for storage and collection of solid waste and associated costs. Proposer may select a site, with the City's approval, for storage. Such site must be screened to the City's satisfaction. The Proposer is responsible for providing extermination and pest control services as needed. XVIII. EQUIPMENT The City shall provide the equipment listed on Appendix A. The Proposer shall maintain all equipment in good condition -- whether owned by the city or by the Proposer -- subject to normal wear and tear. city property shall be subject only to such depreciation as may result from ordinary wear and tear resulting from ordinary use. The Proposer shall be the insurer of the City against the risk of loss or theft or damage as a result of the Proposer's negligence to any fixtures, equipment or personal - 13 - Draft REP for Golf Course Concession Page 14 property owned by the City which is located at the concession site, and shall promptly repair or replace the same within five (5) days of such loss, damage or theft. A. Contract Expiration Upon the expiration of any contract, the Proposer shall return to the City all equipment listed on Exhibit A as it now exists, and as it may subsequently be amended. The Proposer agrees to pay the City an amount equal to the current replacement price of each item not returned, or returned in an unserviceable condition. B. Contract Termination In the event of the termination of this contract, the City shall have the first option of purchasing, for an amount ascertained by negotiation, all or any of the property belonging to the Proposer and used under this contract, including but not limited to, furniture, furnishings, equipment, utensils, food, beverages and miscellaneous supplies on hand, which option must be exercised by the City thirty (30) days prior to the termination or expiration of this contract. During the 30-day period, the City and the Proposer will inventory and value the property. XIX. MAINTENANCE Concession site and facilities shall be maintained in a clean, organized and fashionable manner. Failure to do so may result in citing by appropriate authorities with the possibility of resulting fines or revocation of licenses. Any such fines shall be paid by the Proposer; the revocation of any license shall be deemed a breach of contract. Proposer shall be responsible concession area. for the cleanliness of the A. Destruction of Premises In the event that the concession site is destroyed or damaged by fire or other casualty so as to render it untenable, this contract shall be suspended until such time as the premises are rendered again tenable. If the city elects not to render the premises tenable again, it shall notify the Proposer and, upon furnishing such notice, this contract shall be terminated. XX. CITY'S RIGHT OF APPROVAL The city reserves the right of review and final approval for the following: interior furnishings( additional parking, hours of operation, menu and prices, review of management and employees, future renovations, entertainment - 14 - Draft REP for Golf Course Concession Page 15 In reserving these rights, the City does not intend to interfere with normal operations of the concession. Rather, these rights shall serve as safeguards against improper operation. XXI. NON-DISCRiMINATION Proposer shall not discriminate against any applicant, em~l?yee, or customer because of race, color, religion, national origin or ancestry, age, sex, or physical handicap (except where based on a bona fide occupational qualification). XXII. INSPECTION BY THE CITY The city's staff and agents may make periodic concession ~remises and equipment to determine if maintained in a neat and orderly condition. The be required to make any improvements in cleaning methods required by the City. inspections of they are being Proposer shall or maintenance Such periodic inspections may also be made the Proposer is operating in compliance conditions of the contract. to determine whether with the terms and XXIII. RULES, ORDINANCES, AND LAWS The Proposer shall observe, obey, and comply with all applicable ordinances and rules adopted by Indian River County, and all laws, ordinances and rules of other governmental units and agencies have jurisdiction applicable to the Proposer's concession operations. XXiV. ASSIGNMENT, SUB-LEASING, AND SUCCESSORS IN INTEREST Proposer shall not sub-lease the concession premises in whole or any part, assign the contract or any rights or obligations thereunder to any other person, or change ownership or name without first obtaining the City's written approval. Ail terms and conditions of the original contract shall extend to and be binding on any and all successors, assignees and sub-lessees approved by the City. XXV. CANCETW~TION BY THE CITY A. The City reserves the right to terminate the contract should any of the following occur: 1. institution of proceedings in voluntary bank- ruptcy by the Proposer - 15 - Draft REP for Golf Course Concession Page 16 2. institution of such proceedings in involuntary bankruptcy against the Proposer if such proceedings continue for a period of ninety ~ays 3. assignment by Proposer for the benefit of creditors abandonment by Proposer for a period of seven days or discontinuation of operations hereunder 4. Total or partial destruction of concession premises by fire or any other casualty. B. The City shall have the right to terminate the contract for non-payment of any sum due hereunder, when non-payment continues for a period of thirty calendar days after the due date for such payment. Before termination, the City shall send to the Proposer a written notice of termination of contract via registered mail at least 15 days in advance of the termination date. Should Proposer pay all sums and interest due within the fifteen day notice period, termination shall not occur. However, should such termination proceedings be initiated three times or more in any twelve month period, the City shall have the right to immediately terminate the contract, without further notice. C. The City shall contract after thirty days Proposer, via registered mail, of the following: have the right to terminate the written notice is sent to the of the occurrence of one or more 1. Non-performance of any term of condition of the contract, or any other action or inaction constituting a breach of the contract, and failure of Proposer to remedy such breach. 2. The conduct of any business or the merchandising of any product or service not specifically authorized herein. 3. A final judicial determination that any litigation instituted by the Proposer against the City was groundless or frivolous to the extend that an attorney's fee may be awarded pursuant to Section 57.105, Florida Statutes. Should Proposer correct offending occurrence within the thirty day notice period, termination shall not occur. D. The City shall have the right to terminate should Proposer lose alcoholic beverage or restaurant license. XXVI. CANCELT~TION BY PROPOSER A. The Proposer shall have the right to terminate the contract upon thirty days written notice sent to the city via registered mail, upon occurrence of any of the following: - 16 - Draft REP for Golf Course Concession Page 17 1. Issuance by a court of competent jurisdiction of any permanent injunction substantially restricting the use of the facilities for commercial purposes, w~th the injunction remaining in force for ninety calendar days or more. 2. A breach by the City of any of the terms or conditions of the contract, and failure of the City to remedy such breach during a period of thirty calendar days after receipt of written notice sent via registered mail or existence of such breach. 3. The assumption by the United States Government or any agency thereof, or any other governmental agency, of the operation, control or use of the concession or any substantial part thereof in such a manner as to substantially restrict Proposer's operations for a period of ninety calendar days or more. XXVII. PERSONAL GUARANTY OF SHAREHOLDERS OF A CORPORATE PROPOSER 1. If a Proposer is a corporation or a limited liability company, all of the shareholders or owners thereof shall sign a personal guaranty in their individual capacities whereby they shall be jointly and severally liable for any breach of the lease by the Proposer. - 17 - SAMPLE MENU }{am & Cheese Sandwich ............... 2.75 Cold Roast Beef Sub ................. 3.00 Italian Sub Combo ................... 2.75 Garden Salad_._ _._____ ............ 1.00 Cheese and Fruit.Platter............. 2.00 Hot Dog (All-Beef 6 to a lb.) ....... 1.50 Hamburger . . Hot Italian Sausage & Peppers ....... 3.00 Chicken Divine on Pita .............. 3.50 Individual Pizza .................... 1.50 Hot Soft Pretzels ................... 1.00 Nachos with Cheese ................... 1.50 Special of the Day .................. Potato Chips ......................... 50 Pretzels ............................. 50 Peanuts .............................. 75 Cookies ..... 50 Lemon Pound'~ '~~~~ 1.00 Dove Bar Ice Cream .................. 2.00 Mars Ice Cream Bar .................. 1.00 Drinks: Pepsi or Coke, Diet and Sprite Ice Tea 16 oz .................. 75 20 oz ................. 1.00 Perrier ...... 1.00 Fresh Sq~~'~~ - i~ ~ .~ 1.50 Fresh Squeezed Orange Juice - 12 oz.. 1.50 Domestic Beer (can) ................. 1.50 Imported Beer (can) ................. 2.00 Wine Coolers ........................ 2.00 Coffee (8 oz.) ....................... 50 Assorted Candies ..................... 50 (Candy prices may vary with selection) Sun Block and Tanning Lotions (Price subject to Brand and Size) *Please note menu can be adjusted according to the needs of the City and our Customers. 407-589-0268 000015 CASA MARIA 935 FELLSMERE ROAD SEBASTIAN FL 134100 32958 407-589-0864 000046 VIC'S PIZZA & PUB 17 WASHINGTON PLAZA SEBASTIAN FL 134110 32958 407-388-0481 000064 134110 HURRICANE HARBOUR 1540 N. INDIAN RIVER DRIVE SEBASTIAN FL 32958 407-562-2102 000133 KENTUCKY FRIED CHICKEN 1814 U.S. #1 SEBASTIAN FL 134100 32958 407-589-5797 000155 BOB'S PIZZA 10795 U.S. #1 SEBASTIAN FL 134100 32958 407-388-2387 000191 134100 DAVE'S BARBEQUE OF SEB.,INC. 478 U.S. #1 SEBASTIAN FL 32958 407-589-1385 000210 TASTEE FREEZE 709 U.S. #1 SEBASTIAN FL 134100 32958 407-589-9423 000213 VI'S SURF & TURF 1401 INDIAN RIVER DRIVE SEBASTIAN FL 134100 407-231-5163 000292 134100 RIVER RAW BAR 1606 INDIAN RIVER DRIVE SEBASTIAN FL 32958 32958 ~1 000~0 ~400 __OUR STAR 484 U.S. 1 ~ ~ 123 N ~~'-~~.._ CONS~~OODS0 0005981_~~ 1305 U.S.~ 407-589-1896 000625 SEBASTIAN HILLTOP DINER 1676 N. U.S. #1 SEBASTIAN FL 134100 32958 407-589-3560 000650 NEET'S RESTAURANT & DELi 480 S. U.S. #1 SEBASTIAN FL 134100 32958 407-234-4489 000681 2003 INC. 1021S. U.S. 1 SEBASTIAN FL 134100 32958