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HomeMy WebLinkAbout07092008~m~~ ~c,~TtAjV ~m~ _ , HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 9, 2008 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -time limit five minutes where public input allowed 08.080 1 08.081 5-48 49-60 08.082 61-72 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY MAYOR COY 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE BY MAYOR COY We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, ce-tificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. A. Certificate of Appreciation to Kristi Yanchis -Natural Resources Board Service B. Proclamation -Motorcycle Safety and Awareness Month -July 2008 -Requested by Abate 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes - 6/18/08 Special Meeting B. Approval of Minutes - 6/25/08 Regular Meeting C. Resolution No. R-08-10 -Final Plat for Rohm Commercial (Growth Management Transmittal, R-08-10, Plat Under Separate Cover, City Surveyor's Approval, City Engineer's Approval, Clerk of Court Approval of Form of Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS ROHM COMMERCIAL; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under Phis heading. A. Natural Resources Board 08.025 i. Interview, Unless Waived and Submit Nominations for One Expired Position 73-76 -Term to Expire 7/1/2011 (City Clerk Transmittal 6/26/08, Application, Board List, Ad) 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS 08.079 A. Indian River Drive/Main Street Improvement Project (Same Backup as CRA Packet 77 Separate Cover -City Manager Transmittal, Updated Cost Estimate/Budget; P & Z Minutes, Vegetation Charts, Final SBS Design, Alternate SBS Design and Restroom Concept) 08.046 B. City Council Direction to Budget Advisory Committee (City Manager Transmittal) 79 12. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 13. NEW BUSINESS 08.083 A. Consider Flagship Marina Offer (City Manager Transmittal, CRA Spreadsheet, 81-89 Previous Land Purchase Report, Three Appraisals [Benson, Armfield, Klein] Under Separate Cover) 08.084 B. G & R Development, LLC Airport Lease Agreement and Lease Option Agreement 91-144 (Airport Manager Transmittal, Lease Agreement, G & R Business Plan for Condominium Hangar Project at X26) 08.024 C. Airport - FPL Utility/ITT FAA Navigation Tower Easement (City Attorney Transmittal, 145-150 Grant of Easement w/Legal and Schematic, 2/13/08 Minutes Excerpt, Airport E-Mail) 08.085 D. First Reading of Ordinance No. 0-08-05 -Marina and Dock Facilities -Electrical and 151-168 Lighting Plans -Set Public Hearing for 8/13/08 (City Attorney Transmittal, Proposed 0-08-05, City Attorney Memo 6/9, Proposed 2008 ZTA #1, and P & Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-3- 11.4(1) COASTAL RESOURCE IMPACT ANALYSIS: MARINAS AND DOCK FACILITIES TO ADDRESS ELECTRICAL AND LIGHTING PLANS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 08.086 E. First Reading of Ordinance No. 0-08-06 -Marina Parking Requirements -Set Public 169-202 Hearing for 8/13/08 (City Attorney Transmittal, Proposed 0-08-06, 6/19/08 P & Z Minutes, Proposed ZTA #2, P & Z Backup from 3/6/08, City Attorney Memo 2/28/08, GMD Sample LDC Provision) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-3- 15.2 PARKING SPACES REQUIRED BY USE TO ADDRESS MARINAS AND WATERFRONT RESTAURANTS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 2 08.054 F First Reading of Ordinance No. 0-08-07 -Specified Commercial Signage -Set 203-214 Public Hearing for 8/13/08 (Growth Management Transmittal, 0-08-07, P & Z Minutes 5/14/08 and 6/19/08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ENACTING TEMPORARY RELIEF MEASURES FOR SPECIFIED COMMERCIAL SIGNAGE TO ADDRESS THE CURRENT ECONOMIC DOWNTURN; PROVIDING FOR SEVERABILITY, CONFLICTS, SUNSET AND EFFECTIVE DATE. 08.087 G. Consider Offer to Compromise Fine Amount and Authorize Release of Lien in Code 215-219 Enforcement Case #07-03445 for the Amount of $5200 (City Attorney Transmittal) 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 08.088 A. Movies in Park (City Manager Transmittal, DVD on File in Clerks Office) 221 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Mayor Coy B. Mr. Neglia C. Mr. Paternoster D. Ms. Simchick E. Mr. Wolff 18. ADJOURN (All meetings shall adjourn at 10:00 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on Comcast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS /S MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Uncoming meetings: July 23, 2008 - 6:30 pm -Regular City Council Meeting August 13, 2008 - 6:30 pm -Regular City Council Meeting August 20, 2008 - 6 pm -Council Budget Workshop August 27, 2008 - 6:30 pm -Regular City Council Meeting September 8, 2008 - 6 pm -Special Council Meeting for Public Hearing on Budget September 10, 2008 - 6:30 pm -Regular City Council Meeting September 17, 2008 - 6 pm -Special Council Meeting for Final Public Hearing on Budget September 24, 2008 - 6:30 pm -Regular City Council Meeting CffY OF CITY OF SEBASTIAN APPRECIATION AWARD ~e ~t ~~acu~ ~l at ~ri.sti ~Yanchis HAS GIVEN EXCEPTIONAL SERVICE TO THE 1`IATURAL I~~SOURC~S BOARD FOR THE RESPONSIBILITY ASSUMED AND FOR THE ', UNSELFISH SERVICE RENDERED TO THE ' COMMUNITY ON DISCHARGING THE DUTIES OF ~~ GOOD CITIZENSHIP, THIS TOKEN OF ACHIEVEMENT IS HEREBY AWARDED. PRESENTED THIS ,~th DAY OF JiJLY, 2008 ANDREA COY, MAYOR cr~oF S~BASTjA `-~.~ . D~. D~ FLORIDA _ ~~~-~., HOME 4F PELICAN ISLAND ~~; B~C-fi.YOF ~~T~! ---._> HOME OF PELICAN ISLAND MOTORCYCLE SAFETY AND AWARENESS MONTH July 208 WHEREAS, motorcycles are increasingly being used as a regular means of transportation due to the current need to conserve fuel and our state's favorable climate for this mode of transportation; and WHEREAS, the motorcycle is an energy-efficient vehicle that reduces fuel consumption, traffic and parking congestion; and WHEREAS, the motorcycle has proven to be an important form of transportation for commuting, as well as touring and recreation both on and off the roads; and WHEREAS, as a matter of safety, it is necessary to develop skills and an awareness of proper driving habits to handle these vehicles on the highways of our state. NOW, THEREFORE, I, Andrea B. Coy, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, do hereby proclaim the month of July 2008 as "MOTORCYCLE SAFETY AND AWARENESS MONTH" in the City of Sebastian and extend greetings and best wishes to all observing Motorcycle Safety and Awareness Month. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 9th day of July, 2008. Andrea B. Coy, Mayor 6~- 0 ~y an' or ~~~~T` .~:_ `-S HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING CHARTER OFFICER EVALUATIONS WEDNESDAY, JUNE 18, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Coy called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Andrea Coy (excused at 9:10 pm) Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick City Council Absent: Council Member Eugene Wolff (excused) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Airport Director, Joe Griffin Growth Management Director, Rebecca Grohall Human Resources Director, Debra Krueger Police Lieutenant, Michelle Morris Police Lieutenant, Bob Lockhart CHARTER OFFICER EVALUATIONS (R-07-31, Goals) A. City Attorney ORPFZ Mayor Coy asked the others how they wanted to proceed and Mr. Neglia recommended going according to the agenda and then motion was made on public input as follows: MOTION by Ms. Simchick and SECOND by Mr. Paternoster to add public input after each charter officer evaluation to the agenda passed on a voice vote of 3-1 (Coy -Nay) Special City Council Meeting June 18, 2008 Page Two DRAFT Mayor Coy suggested that public input should come before Council input as in regular meetings. Public Input James Spinelli asked if he could read the same statement which applies to both for the City Attomey and City Manager at this time. Mayor Coy said it was his call and he had five minutes. Mr. Spinelli, Sebastian, read his statement, stating he was not satisfied with the performance of the City Attomey and City Manager, citing their inability to remain fair and neutral with Council. Mr. Neglia asked why he was addressing the City Manager at this ;;; ne. Mr. Spinelli asked him not to interrupt him and Mayor r~,y asked him to hold his question until Mr. Spinelli was done. Mr. Spinelli continuer± f1iS statement and requested that Council reconsider the retaining of them. Mayor Coy informed Mr. Spinelli that it was appropriate for Council to ask questions. Mr. Spinelli continued speaking an.~', noted he had tried to speak to Mr. Neglia outside and Mayor Coy gaveled him. Mayor Coy asked him to allow Mr. Neglia to ask his question and gaveled him when he ronflnued to s eak over her. Mr. Neglia said Mr. Spinelli got up to speak about the C;fi y P ~y Attorne but ke t referencing the City Manager and now he.need not come up again to speak about the City Manager later. Mayor Coy asked Mr. Spinelli if his a-mail was ellow eer aol.com and Mr. Spinelli said not anymore, and the last part was incorrect. Mayor Coy said there have been blogs by him that are controversial and unflattering and wanted the public to know. Chuck Lever, Sebastian, thanked Ms. Simchick and Mr. Paternoster for moving to allow public input. He said the City Attomey should be reconsidered about his position due to various incidents and said he is sometimes dubbed "6~' Councilman". _. Ms. Simchick advised that incidents cited should have occurred within this fiscal year. Cindy Falco, Sebastian, defined "integrity", said the City Attomey is a nice person but questioned his integrity. Damian Gilliams, 1623 US 1, said people have a rght to speak without being interrupted and have a right not to be interrupted or to respond to Council. Mr. Neglia read from his prepared evaluation of the City Attomey (see attached -Exhibit 1). He said he would be recommending no merit increase not because of performance but because of hard times. /{ ~ E .;, Special City Council Meeting June 18, 2008 Page Three DRAFT Mr. Patemoster said this evaluation process should have been used long ago because in the past we were violating the Charter because we were not doing them in public. He read the salary of $114,179.4 plus cost of living, insurance, retirement, vacation,.sick leave, disability, professional associations, business expenses, discretionary time, and other benefits for the City Attomey and noted he will not go hungry. He evaluated the City Attomey citing the following: that though he acts as the City's parliamentarian he did not speak up during a point of order that Mr. Patemoster felt was incorrect, that he has asked for a tutorial on procedure, that during the Clambake issue the City Attomey advised Council that he could not represent them because of his association with the Clambake twice, he doesn't always give sound legal advice, his answers are leading, he doesn't keep Council informed on all issues, he doesn't like to put things in writing, asked if the Chair of the Council can call recess or does she have to call for a vote, and then read from Parliamentary Procedures on recess. The City Attomey said typically the Chair calls recess and he is aware of how the Council has practiced for ten years. Mr. Patemoster continued: he doesn't like to hear that is the way we've always done it, felt Council was not properly represented, the City Attomey is a nice guy, again described how evaluations were not done properly in the past, evaluation procedures are hard to find on the City website, prepared evaluation questions are not appropriate for Council since Council does not witness day to day operations, noted charter officers get COLA no matter what Council does, charter officers are hired by Council and terminated by Council, Council works for the people, staff work for charter officers and we need to hear from the people, asked why the City Attomey is a charter Offrcer and then in its purest form maybe only the City Manager should be a charter Officer, that the City Attomey and City Clerk don't answer to the City Manager, cited the City Attorney's seat on the bidding and selection committee for Collier Creek and the need for advice on legal issues, noting Council should not have been exposed to those legal issues. Ms. Simchick noted she conducted private evaluations as required by Resolution R-07-31 which states: "Each member shall conduct oral interviews with each individual charter officer on an individual basis prior to the meeting° and then asked the City Attomey how many members showed him that respect and he responded three. Ms. Simchick said she chose the long form provided for the City Attomey and City Manager and for the City Clerk she did a summary. She said this process was good and it was good that the public has input. She then read her evaluation of the City Attomey (see attached - Exhibit 2). She recommended no raise at this time. Mayor Coy said she will read a statement that covers all charter officers at the end. She noted in meetings with the charter officers she had advised she will not recommend raises for any of them based on economic hard times. She said had no problems with the City Attomey, he has always been available to her, he is always responsive, disagreed that the prepared form is a good thing, that nowhere else do senior leaders put senior officers on the firing line publicly, noted evaluations are public record as soon as they are turned in and available to everyone, all the people who talked here tonight could have expressed their opinions before, two charter officers have been targets, that this is not a service to staff, and thanked the City Attomey for his best year yet and said he has done an excellent job of advising Council, said he shines in court citing him winning one Fellsmere case and noting ~~ Special City Council Meeting ~~ June 18, 2008 ,~,~~~ Page Four the Fellsmere issue is on-going. Mr. Patemoster cited FS 286.011 and read AGO 89-37 into the record regarding evaluations and said the City Attorney should have checked this out when the resolution was adopted. Mayor Coy noted Mr. Patemoster is now arguing her position and there shouldn't be an argument as to whether he agrees with her or not, and Mr. Patemoster said he has his opinion as well. B. Ci Clerk Damian Gilliams, 1623 US 1, commended the Clerk and staff for a great job. Cindy Falco, Sebastian, commended the Clerk for quick action. Todd Klitenic, said the Clerk and staff do an excellent job. Mayor Coy gave the City Clerk high marks, noted she tried t0 have her named FLC Clerk of the Year once, said she was a leader, does a great job with staff and the public, noted the Clerk's job is governed by law, she provides information as requested and has different dealings with the public than the other two charter officers. Ms. Simchick read her prepared evaluation for the City Clerk (see attached -Exhibit 3), and recommended a raise based on performance. Mr. Neglia read his prepared evaluation for the City Clerk (see attached -Exhibit 4) and was not recommending COLA or merit because of the times and not based on performance. Mr. Patemoster cited the Clerk's salary of $85,584.32 and said her benefits were the same as the City Attorney, said it is a well established fact that the City Clerk and her staff do an excellent job and said he would not be recommending any raises for anyone. Mayor Coy called recess at 8:00 pm and reconvened the meeting at 8:10 pm. All members present at roll call were present. C. City Manager Cindy Falco, read the City Mission Statement and said she was floored when she read it because businesses are gone and being harassed by Code Enforcement and the situation is not being managed, cited the dog park property a portion of which was found not to be City property. Mayor Coy noted the dog park is still in the works. Todd Klitenic, 1274 Barber Street, Sebastian, said he hoped Council would vote next year to get rid of him. Mayor Coy noted this is not a political forum. C DRAFT Special City Council Meeting June 18, 2008 Page Five Chuck Lever, said the City Manager is a decent person, but his performance has cost the Ciry, said businesses are being harassed, and recommended termination. Mr. Neglia said he did not fill out the regular form for the City Manager and then read his evaluation into the record (see attached -Exhibit 5). Ms. Simchick read her prepared evaluation for the City Manager (see attached -Exhibit 6). She said she would not support a raise at this time. Mayor Coy said she appreciated many of Mr. Neglia's and Ms. Simchick's remarks, and then evaluated the City Manager by citing: the measure of a leader are his staff and she has heard no complaints, no one was laid off due to the early buyout, for three years he has lowered the millage rate, he .has successfully led his staff to do more with less and they are still pertorming very well. She said she chose not to use the Human Resources form, but rather to write one letter for all three based on an evaluation of Council's performance. She said she had brought it to them to let them read and offered to let them change it if they wanted to, and no changes were offered. Mayor Coy then read the letter into the record (see attached -Exhibit 7). As she read a portion relative to a member of Council listening to someone who is facing felony charges, Mr. Patemoster called a point of order and asked the City Attomey if this is appropriate. The City Attomey said he did not think the City Council will get in trouble from the statements, and it is a judgment call if he feels it is within the context of evaluation. Mayor Coy then continued reading her letter. Mr. Patemoster asked her how the Mayor dared to speak in reference to all of Council as individuals and give them a zero, that it is her opinion, that this is not a strong Mayor form of government and she had no authority to do so, and each member should be appalled. Mr. Patemoster began his evaluation of the City Manager, citing his salary of $115,348.25 and said his benefits were the same as he stated for the other officers, said he shows partiality, has shown partiality to three mayors, when one Council member asked to go to Tallahassee he should have asked the others if they wanted to go, after the Council shooting in Kirkwood Missouri, the Manager told him there would be panic buttons in Chambers as requested by the Mayor, in the litigation in the airport building matter the Manager interacted in the bidding process, there are always legal issues lurking in the background, Council always has to ask for more information, has repeatedly asked for a grants writer, Council got 146 pages on the airport building and said he would not vote on something for which he does not receive prior information, during CDBG people knocked on doors on Easy Street to have people sign petition that they lived in low income area, with the Clambake and Art Festival agreements he asked to include records certified by CPA and when he received them for review it was voluntary and finally when he called the groups they agreed to his request for a CPA, said the Riverfront and CRA district were in poor shape and instead of making money available to businesses we are making a turn in Indian (~i' Special Crty Council Meeting June 18, 2008 Page Six DRAFT River Drive and moving a parking lot despite the petition objecting to it, said staff is making businesses move signs down rather than leaving them where people can see them, that Council relaxed business signs enforcement and the next day Code Enforcement was picking them up, that the 1999/2000 Charrette for the Riverfront and 512 has been shelved and there has been no try to promote it, he is still waiting for Code Enforcement standard operating procedures, Growth Management has no supervision and he did not know what they do except get complaints, the City Manager does a good job on the budget, we overpaid on the Boudrot property, were told the appraisals were too low, we are looking at Pelican Pub and Flagship Marina purchases and we should not take them off the taxrolls, the City Manager asked him didn't he do favors for him, but addressing citizen complaints is not a favor, staff forgot to call him three times on the fagade grants, people are not being treated properly by Growth Management, and they were consistently inconsistent with their procedures. Mayor Coy asked him if he was able to go to the City Manager and iron out the complaints and Mr. Paternoster answered he did but the same complaints come in from different people. Mr. Paternoster said he asked for sensitivity training, maybe the LDRs need to be looked at, it has been over two years for an Economic Development Plan to even get started, the Comprehensive Plan is two to three years behind, he suggested a concession at the Splash Pad, was embarrassed about the issue of the dog park because we did not own all the land, that the City Manager is a front runner for another job and he should pull his resume if he is not actively seeking a job, discussed loyalty issues, that the Ocala job pays $144,000, and if we were to wave that figure in front of him he may stay. At this time Mayor Coy turned the gavel over to Vice Mayor Neglia and left the meeting stating she was humiliated. ~ce Mayor Neglia asked Council to continue the evaluation. Mr. Paternoster said this is his evaluation, saying it is the City Manager's decision to make, but if he takes the post where does that leave us. He said we should seriously look at keeping these two individuals any longer, and would not recommend any raises at all. The City Attorney, in response to Mr. Neglia said typically now you decide if there is a merit raise, that is what it states in the contract; and in response to Ms. Simchick, said Council has a quorum with three and it takes three affirmative votes for action. Mr. Neglia asked if anyone wanted to make a motion to terminate the City Manager and the City Attorney. Mr. Paternoster made a motion to postpone this until such time as we have a full Council. Ms. Simchick reminded Council we are on the City Manager and the ship has sailed on the two others. ~C Special City Council Meeting June 18, 2008 Page Seven DRAfT Mr. Neglia asked if we have to re-evaluate the City Attorney if someone wants to terminate him and the City Attomey replied the resolution says you will evaluate and act upon any merit increases. Mr. Patemoster said the actions of the Mayor were disgraceful. Ms. Simchick said evaluation was supposed to be a tool and an opportunity to discuss specific work issues to improve performance, and instead some members have spoken out about other Council members and mention some by name. She cited the remarks about her going toTallahassee. She told members she was giving up two days pay to go but had asked all members of Council if they would like to go and no one said anything, that a lot of incidents cited were actions of Council and not that of charter officers. She said she heard a member say he would not sign anything he just seen but he would not give her courtesy on the LoPresti issue when Council didn't receive exhibits. She said we should give courtesy to the charter officers, we were to meet privately with charter officers but that was not done by full Council, we have passed the City Attomey and the City Clerk and should make a decision and adjourn. She said we have a resolution and if we don't live by our own rules what example are we showing. Mr. Patemoster withdrew his motion, and said maybe she should have made that statement to the Mayor when she went off on a tirade. He said Florida Statutes supercedes our resolution and the City Attorney advised when there is a conflict. The City Attorney said the procedure cited in the AGO was different than the process that was used here and then he cited the procedure referenced where the percentages were averaged without public view. In response to Mr. Patemoster, the City Attorney said and the procedure here was that Council voted at a Council meeting that if there were at least three satisfactory evaluations, the charter officer would get a 3% merit increase the same as in the union contract unless someone wanted to give something different in which case it would be brought to the table. He noted evaluations cannot be done out of the public as far as taking action. Mr. Neglia suggested putting this off until July 9"' •and then come back with this and then discussion followed on what they were putting off. The City Clerk noted that the charter officers spoke to some members of Council during evaluations and said they did not expect raises because of what is going on in with the economy, but that charter officer contracts provide that all three shall receive cost of living increases and it is not in Council's purview to act on cost-of-living increases unless it wanted to bring back an item to address that contract provision. Mr. Neglia said he did speak with .the three of them and they agreed and that is where it should have stayed. ' I~ . Special City Council Meeting June 18, 2008 Page Eight DRAFT Ms. Simchick reiterated that the cost-of-living is not on the table, that Council was to evaluate and decide on merit and we need to make a decision on the City Manager, that at any time any member can place an item on someone's contract on an agenda under their item, and she would not be in favor of moving this discussion to another meeting. Mr. Patemoster agreed Council has no jurisdiction on cost-of-living and would feel better if we had a full Council. ice Mayor Neglia said we did the evaluation. The City Manager said there has been an indication tonight that there is no merit and perhaps someone needs to make a motion that there is no merit. MOTION by Mr. Patemoster and SECOND by Mr. Neglia to make that motion -that there would be no merit increases for all the three charter officers. Result of the Roll Call was as fo{lows: Ayes: Patemoster, Simchick, Neglia Nays: None Absent: Coy and Wolff The City Manager stated for the record that he would not take acost-of-living increase for himself based on economic conditions at this time, would instruct Finance not to give him cost-of-living until he hears different from Council and he did not think this would need a contract modification. He said this was a gesture from him to the City based on his integrity and his dedication to the community. The City Clerk said she would give up her COLA for this year (fiscal 2009) but wanted it on the record that it is a contractual issue. Mr. Patemoster asked the City Attorney if he wanted to make it unanimous and he did not respond. Ms. Simchick tried to appeal to the City Clerk to take the COLA, and the Clerk said it is her contract and her choice and she appreciates with all her heart the gesture of Ms. Simchick, but it is something that had been discussed previously and thought it was a strong statement for what is going on out there. 5. Being no further business, vice Mayor Neglia adjourned the Special Meeting at 9:24 p.m. Approved at the July 9, 2008 Regular City Council meeting. Andrea Coy, Mayor ATTEST: Z ,,' 8 /v~~U~ EXHIBIT 1 CIiY Of ~~ t.. ."` _:..- .. HOME OF PELICAN ISLAND CITY ATTORNEY EVALUATION Subject: .Explanation of City Attorney Evaluation Form The enclosed evaluation form has been prepared for The City Council of the City of Sebastian, Florida. The form includes three (3) major sections or areas of evaluation with criteria under each section as follows: Section 1 Relations with the Governing Body. Section II Relations with the Public Section III Relations with other Governments Procedures: At the top of the first page of the evaluation form there is a rating scale that provides the basis for evaluating each of the eighteen (18) criteria, which are included under the three major sections or areas. The scale ranges from "Does Not Meet Expectations", at the bottom of the rating scale, to "Exceeds Expectations", at the top of the rating scale. Numerical values are assigned to the scale ranging from #1 through #5, with #1 corresponding to "Does Not Meet Expectations", #5 corresponding to "Exceeds Expectations", and #3 corresponding to "Meets Expectations", and is the midpoint of the rating scale. Each section should be reviewed as to the area being evaluated and each item scored independently. At the end of each area there is a comment section where the evaluator can document achievements accomplished by the City Attorney or areas that need improvement. In finalizing the evaluation it is recommended that you not add the eighteen (18} numbers that have been recorded under the three (3) major sections or areas to arrive at an average score. You are not looking for an averaged combined score. You are looking for strengths and weaknesses. ~~ I NOTE: (It is recommended that each evaluator keep a record of accomplishments or areas of concern observed over the rating period so as to have a ready reference of material to refer to when preparing the annual evaluation. This would allow for a fair and impartial evaluation to take place). The last page of the evaluation form provides for an "overall" rating entry for City Council members to record their comprehensive view or impression of the Attorney's performance using the rating scale as justification. This is the section where the evaluator can document their suggestions for overall improvements, contentment of work performed and recommend a salary increase if warranted. The following suggestions for conducting the actual evaluation are offered for your consideration. The evaluation form will be distributed to the members of the City Council one (1) month prior to the anniversary date of the City Attorney. The City Council should be able to complete the evaluation in four (4) weeks. They should then return it to the Department of Hurnan Resources. Each Charter Officer will receive a 3% increase on his/her anniversary, and if any Council member wants to give more or less they can place it on an agenda on a voice vote of 5-0. The Performance Evaluation should be returned to the Department of Human Resources in the allotted time frame. If a Council Member is unable to return the evaluation to Human Resources in the time allotted they should notify the Director of Human Resources at 388- 8202 to advise ~of the delay. ~' '' EVALUATION OF CITY ATTORNEY SEBASTIAN, FLORIDA 1 2 I 1 I_ Does not Meet Expectations 5 I I Exceeds Expectations 3 4 Meets Expectations I. RELATIONS WITH THE GOVERNING BODY PROVIDING INFORMATION 1. 2. 3. 4. 5, Keeps the Council informed in an appropriate and timely manner about matters critical to the Councii policy making role. Prepares all resolutions, ordinances and legal contracts for Council in a timely and efficient manner. Provides information on an equal basis to all Council members. Anticipates and follows up promptly on Council requests for information or action without having to be reminded. Is available to the Council on official business. 6. Reports departmental and staff activities that have legal significance regarding the City of Sebastian to the Council in an appropriate and timely manner. 7. Advises the Council of relevant legislation and developments in the area of public policy affecting the City of Sebastian. 8. Developed, or is in the process of developing, comprehensive understanding of legal problems and issues existing in the City of Sebastian. 9. Considers all available alternatives before making recommendations to the City Council. 10. Anticipates, pSans and sets priorities recognizing the potential legal problems confronting the City. 11. Communicates effectively, clearly, easily and to the point with the Council, other city employees and the public. 3 ~/ 12. Demonstrates sensitivity to the opinions and concerns of others in ~. and outside of the organization. 13. Emphasizes the importance of teamwork and leadership in his Relationship with the organization, and provides himself as a rote model for personnel. Comments: v ~-G v x~ E ov ,L w r T ~t-Tvr/ _ -4y~rLA-oLY o yh~ -~- nz K CQ d s~.odt' 4 lbj II. RELATIONS WITH THE PUBLIC 1. Handles disputes or complaints involving citizens in an effective, equitable, and timely manner. 2. Makes him/herself available and visible to the Council and citizens at all Council and Committee meetings. 3. Develops Council policies and positions on issues to the citizens and city organization accurately, equitably, and effectively. 4. Directs sufficient public credit to the Council in its role as the Governing Body. Comments: ~ ~~ -~l/11ES 1f12 ~~ 11~1r~°l~ I~J9'$ ~3 ~e S~ .~ S p. .o o/~ v ~n ~vb l d /adS 1,~/6S <l ~ I e ia- /,v ~ w iTft ~7l`E~ I~ v~ Lr c- i- ? i~'.e ,~v _ e,~A~-S lil. RELATIONS WITH OTHER GOVERNMENTS 1. Deals effectively with other governmental agencies at all levels in representing the City of Sebastian. Comments: n~"~N or/ ~ieX/ ~ _ _1 S m v/~ ~ B.sgS B~~ ~~ ~~ GENERAL COMMENTS: List any goals, achievements, or objectives (strengths and weaknesses) that you have observed by the City Attorney over the twelve (12) months. (If more room is needed to document continue on the back page). 1. l'YI/~ S`Z"l~ ty+/~ic.. l~ Byti --S TiCor/G-~~~,~-lN~. ~ 2. t~-/I ~ y ~ ~.1 Z ~r r3 ~ s ~~~ss . 3. 4. 5. 6. Overall Rating _ (Considering all items above) Recommendation: A performance salary increase should be granted. Percentage A salary increase should not be given at this time, employee should be re-evaluated i days. A salary increase is not recommended at this time. Print N valu r) ignature valuator ~~~~~ Date 6 I~ S`~ .~~ v5,~ ~ ~B~~~JT" D,~S'e,~r~~ t ~vo ~ ~ A- N T~ CITY ATTORNEY EVALUATION Subject: Explanation of City Attorney. Evaluation Form The attached evaluation form has been prepared for The City Council. The form includes three (3) major sections or areas of evaluation with criteria under each section as follows: Section I Relations with the Governing Body. Section tl Relations with the Public Secfion III Relations with other Governments EVALUATION PROCEDURES: At the top of the first page of the evaluation form there is a rating scale that provides the basis for evaluating each of the eighteen (18) criteria, which are included under the three major sections or areas. The scale ranges from "Does Not Meet Expectations", at the bottom of the rating scale, to "Exceeds Expectations", at the top of the rating scale. Numenca~ va~ues are assigned to the scale ranging from #1 through #5, with #1 corresponding to "Does Not Meet Expectations°, #5 corresponding to "Exceeds Expectations°, and #3 corresponding to "Meets. Expectations°, and are the midpoint of the rating scale. Each section should be reviewed as to the area being evaluated and each item scored independently. At the end of each area there is a comment section where the evaluator can document achievements accomplished by the City Attorney or areas that need improvement. In finalizing the evaluation it is recommended that you not add the eighteen (18) numbers that have been recorded under the three (3) major sections or areas to arrive at an average score. You are not looking for an averaged combined score. You are looking for strengths and weaknesses. Pursuant to Resolution Number R-07-31, City Council shall receive evaluation forms for the City Manager, City Attorney and City Clerk as well as the current cost of living adjustment percentage being provided to the Communications Workers of America (CWA) from Human Resources staff by May 1 of each year. b Subsequent to receipt of information provided asset out above, each City Council member shall prepare an evaluation for the City Manager, City Attomey and City Clerk by using the forms provided or bywriting a narrative or in whateverform each deems appropriate. Each City Council member shall also conduct an oral interview with each of the Charter Officers on an individual basis prior to meeting in public for a final evaluation. City Council shall conduct a Special Meeting in June of each year to publicly evaluate and act upon any merit increases for the City Manager, City Attorney and City Clerk. Note: It is recommended that each evaluator keep a record of accomplishments or areas of concern observed over the rating period so as to have a ready reference of material to refer to when preparing the annual evaluation. This would allow for a fair and impartial evaluation to take place. The last page of the evaluation form provides for an "overall" rating entry for City Council members to record their comprehensive view or impression of the Attorney's performance using the rating scale as justification. This is the section where the evaluator can document their suggestions for overall improvements, contentment of work performed and recommends a salary increase if warranted. 2 Zo EVALUATION OF CITY ATTORNEY SEBASTIAN, FLORIDA 1 2 3 4 5 I I I I I I 1 Does not Meets Exceeds Meet Expectations Expectations Expectations 1. RELATIONS WITH THE GOVERNING BODY PROVIDING INFORMATION 1. Keeps the Council informed in an appropriate and timely manner about matters critical to the Council policy making role. 2. Prepares all resolutions, ordinances and legal contracts for Council ~,,,~ in a timely and efficient manner. 3. Provides information on an equal basis to all Council members. 4. Anticipates and follows up promptly on Council requests for information or action without having to be reminded. ~. 5: Is available to the Council on official business. ~~ 6. Reports departmental and staff activities that have legal significance regarding the City of Sebastian to the Council in an appropriate and timely manner. 7. Advises the Council of relevant legislation and developments in the area of public policy affecting the City of Sebastian. 8. Developed, or is in the process of developing, comprehensive understanding of legal problems and issues existing in the City of Sebastian. 9. Considers all available alternatives before making recommendations Ll to the City Council. 7~ 10. Anticipates, plans and sets priorities recognizing the potential legal problems confronting the City. 11. Communicates effectively, clearly, easily and to the point with the Council, other city employees and the public. 5 z~ 12. Demonstrates sensitivity to the opinions and concerns of others in and outside of the organization. 13. Emphasizes the importance of teamwork and leadership in his Relationship with the organization, and provides himself as a role model for personnel Comments: I1. RELATIONS WITH THE PUBLIC 1. Handles disputes or complaints involving citizens in an effective, equitable and timely manner. 2. Makes him/herself available and visible to the Council and citizens at afl Council and Committee meetings. 3. Develops Council policies and positions on issues to the citizens and city organization accurately, equitably, and effectively.s,~ac.~ 4. Directs sufficient public credit to the Council in its role as the Governing Body. Comments: See ~~ a c~ ~~ 6 ~z oZ 3 Ill. RELATIONS WITH OTHER GOVERNMENTS Deals effectively with other governmental agencies at all levels in representing the City of Sebastian. ' Comments: ~ e~ ~~~ ~ ~ e c' GENERAL COMMENTS List any goals, achievements, or objectives (strengths and weaknesses) that you have observed by the City Attorney over the twelve (12) months. (If more room is needed to document continue on the back page). 1. ~4 ~e ~ 2. 3. 4. 5. 6. Overall Rating _ (Considering all items above) Recommendation: A performance salary increase should be granted. Percentage A salary increase should not be given at this time, employee should be re-evaluated in days. V A salary increase is not recommended at this time. ~~f~ ~/~C-GIrC~C P ' Name (Evaluator) ~ ~~~~ Signature of Evaluatopr DO Date 6 ~f!~~ i-~u~. (~ Attorney Evaluation I. Relations with Governing Body-Providing Information Mr. Stringer himself has adnvtted that periodic updates in writing should occur. Although not his style he realized this is what Council wants, and has now addressed it. Many times during a meeting unless directly asked, Mr. Stringer was not vocal regarding Potential legal problems. When discussed it was determined that direction and comments during our retreat stated he had to much input at meetings. Mr. Stringer was advised of my expectations, future expectations and an understanding was reached. Mr. Stringer has not neglected-but has moved slowly on requests for our HCP, Lot Clearing ordinance and historical protection ordinances. He will also have to look at our Land Development codes shortly. This being said, in all remaining issues I have found Mr. Stringer providing all information I have needed to make a decision in policy. I have Requested Mr. Stringer to research and input many issues concerning the City. Information has been thorough in that respect. He has even taken the time to initiate reseazch on certain projects. My relationship personally as a Council Member with Mr. Stringer is good and he is available day and night for my calls and issues for discussion. II. Relations with the Public Mr. Stringer has one two lawsuits and settled one with our Citizens. Being an Attorney and fending off lawsuits does not make him populaz. Many complaints come in but they aze from disgruntled citizens. On some occasions as mentions above he responds slower than I feel is required of him. I would like to see handle our issues and citizen correspondence in a more timely fashion. III. Relations with other Governments I feel legal presence by Mr. Stringer amongst other municipalities is above average. We are well represented at the Interlocal Service Boundary Negotiations. I also appeared in Court during our litigation with Fellsmere and this was Mr. Stringer's highlight of the year. His presentation was perfect and worked. In litigation Mr. Stringer shines. General Comments Mr. Stringer has had great ups and Downs this yeaz. In one's career not every year is outstanding. I can say for the most part his work was above average due to key issues he presented well and proving valuable in litigation. However, again, for issues mentioned above I see room for improvement and a need to get more focused on direction given by Council. I would recommend retention but would not recommend a raise at this time. ~2/, ~~ J!N(L%CT «%(~ EXHIBIT 3 City Clerk Annual Evaluation June 12, 2008 For: Sally Maio This annual evaluation is being done in summary form. This evaluation Will attempt to describe the ability and level of service Ms. Maio provides for our community. All functions of record retention, retrieving and archiving are done with great~accuracy. They are easily accessed by the Pubic and Council upon request. Good Public relations is her department's greatest accomplishment. Her employee's are happy to have her as a supervisor and enjoy working for her. She has trained her employee's well and encourages ongoing training within her department. Within her office and interdepartmentally she enhances the work place. Dealing with the public she is friendly and provides required paperwork per the Florida Statues. While being helpful she portrays the City in a most positive light. This is important for us as a City and asset to us. I have never heard a complaint from anyone regarding the Clerks office. She scores very high in Public relations and interactions. Calendars, committee's, meetings schedules, notifications and agenda's are also preformed by Ms. Maio. Many of us have often said "What would we do without Sally?" Her organizational skills are impeccable. Many times I have asked for chronological Meeting minutes to help in my research and they are done extensively and complete. City Clerk's duties include elections. Ms. Maio's work Load is quite heavy in this area because of the large amount of candidates that apply for the office of City Council. Everyone is well informed of the journey they are about to embazk on. All necessary requirements aze presented and explained to the candidate. She is fair and kind to all, always complimentary. Her requirements with the board of elections are accurate and concise. This year has been a high volume yeaz for intergovernmental relationships due to our lawsuit with another municipality. We have also entered into an Inter Local Service Boundary agreement this year. More communications and paperwork have been exchanged this year with other governments. The City Clerks office has always provided assistance to other agencies professionally and courteously. In an evaluation it is important to show strong points as well as weak points. Unfortunely I cannot find any weak points for our City Clerk. I would definitely Like to recommend at this time a raise since Ms. Maio not only meets but consistently exceeds expectations. Respectfully submitted by: Re ' ed with: _ C~ ~ '`__ ~~ r Dale Simchick Sally Mai6 City Council Member City Clerk z~ C /V ~- `~L'f-~ ~~ ~~~~ ~O1~E g~ PEt,ICAN ISLf~ND CITY OF SEBASTIAN CITY CLERK EVALUATION Subject: Explanation of City Clerk Evaluation Form The attached d Evaluation Form has been prepared for the City Council. The form includes four (4) major sections or areas of evaluation with criteria under each section as follows: Section 1 Relations with the Governing Body. Section II Office Management/Professionalism Section III Relations with the Public Section IV Legislative /Legal Relations EVALUATION PROCEDURES: At the top of the first page of the evaluation form there is a rating scale that provides the basis for evaluating each of the twenty-eight (28) criteria, which are included under the five major sections or areas. The scale ranges from "Does Not Meet Expectations", at the bottom of the rating scale, to "Exceeds Expectations", at the top of the rating scale. Numerical values are assigned to the scale ranging from #1 through #5, with #1 corresponding to "Does Nat Meet Expectations", and #5 corresponding to "Exceeds Expectations", and #3 corresponding to "Meets Expectations", and are the midpoint of the rating scale. Each section should be reviewed as to the area being evaluated and each item scored independently. At the end of each area there is a comment section where the evaluator can document achievements accomplished by the City Clerk or areas that need improvement. In this area you are looking for strengths and weaknesses. In finalizing the evaluation it is recommended that you not add the twenty-eight (28) criteria that have been recorded under the four (4) major sections or areas to arrive at an average score. You are not looking for an averaged combined score. You are looking for strengths and weaknesses. Pursuant to Resolution Number R-07-31, City Council shall receive evaluation forms for the City Manager, City Attorney and City Clerk as well as the current cost of living adjustment percentage being provided to the Communications Workers of America (CWA) from Human Resources staff by May 15~ of each year. Subsequent to receipt of information provided as set out above, each City Council member shall prepare an evaluation for the City Manager, City Attorney and City Clerk by using the forms provided or by writing a narrative or in whatever form each deems appropriate. Each City Council member shall also conduct an oral interview with each of the Charter Officers on an individual basis prior to meeting in public for a final evaluation. City Council shall conduct a Special Meeting in June of each year to publicly evaluate and act upon any merit increases for the City Manager, City Attorney and City Clerk. Note: It is recommended that each evaluator keep a record of accomplishments or areas of concern that are observed over the rating period so as to have a ready reference of material to refer to when preparing the annual evaluation. This would allow for a fair and impartial eva{cation to take place. The last page of the evaluation form provides for an "overall" rating entry for City Council members to record their comprehensive view or impression of the City Clerk's performance using the rating scale as justification. This is the section where the evaluator can document their suggestions for overall improvements, contentment of work performed and recommends a salary increase if warranted. 30 CITY OF SEBASTIAN CITY CLERK EVALUATION 1 2 3 4 5 I I 1 I I l ! 1 Does not Meets Exceeds meet Expectations Expectations Expectations I. RELATIONS WITH THE GOVERNING BODY PROVIDING INFORMATION 1. Prepares carefully for Council Meetings. ,~ 2. Is responsive to concerns of the City Council. 3. Follows up promptly on requests from Council Members. 5~ 4. Anticipates problems affecting Council and takes or recommends ,/~ appropriate action 5 5. Prepares agenda packages that are clear, neat and concise. 6. Agenda information is complete, accurate and within the prescribed uidelines g . Comments: MS 1n ~ ifl / S f3~~~ ys ~~~ iL~1~ ~~ ~c. ~-. y Ti~itiG 7~ ~-Y r 5 f3-S~,c~ d ~-EiQ . ~~~ II. OFFICE MANAGEMENT/PROFESSIONALISM 1. Delegates responsibility and authority to subordinates. 2. Implements and supports city policies fully. 3. Interprets Council policies to staff. ,s' 4. Prepares departmental budget (Clerk and Council) and effectively exp{ains .~'~ and defends budgets to the Council. ~ 3 (31; 5. Is adept in personnel management. 6. Conducts employee relations skillfully. 7. Is effective in short and long range planning. 8. Anticipates problems and is effective in preventive actions. S`" 9. Engages in activities to promote own professional growth and development through classes, training programs, workshops, etc. 10. Develops and implements plans to meet departmental objectives and ~ organizes available resources to achieve those objectives. 11. Judgments, actions and decisions are sound. _~ 12. Takes the initiative to establish new programs or procedures without ro ti p mp ng. Comments: ~ N y ~ ~rs~o~/S rn m g-t~ hi a~<< / S w~// ~ A-~-r nd.~~ r a- 7in~fs s I11. RELATIONS WITH THE PUBLIC 1. Handles media relations tactfully and skillfully. ~ 2. Maintains good relations with local government leaders. Sr 3. Deals tactfully, courteously and efficiently with the public. 4. Directs/monitors public relations, training and conduct of staff ~- members. 5. Provides general information to the public with regard to city events, .~ meetings and vacancies on city boards. ~ Comments: ~"1 ~i~7~L ~- C~ ~ ~ ~ ~s w f T6,~- ~~ ~v~L l c'' BOD f. "f° .n~i/S r.~/T1~ ~O?/.l~I M iii. i,. iA .~_ • u 4 3"Z iV. LEGISLATIVE 1 LEGAL RELATIONS 1. Is knowledgeable and up-to-date in legislative process and municipal law, ~~ trends and developments. 2. Is effective in working with state and local legislative leaders. -~ 3. Working closely with the City Attorney on matters relating to City Code Ordinances preparation, actions against the City, and other ~ Legal legislative matters. ~ 4. Arranges for city elections, legal advertisements and dates of advertising s/' within established guidelines. 5. Retains city records as outlined by state retention laws.. ,_, Comments: C, f 7 2'P-~R6S f1'7'' f}-d~9-tLgl3l.~r~ gLL- `t l -~ ~ red T O ~<~i~o-,L -~- !4- r~6 Lr~ /~y ~ S <¢ dA~L/1~~. m Te~~ gal ~~ GENERAL COMMENTS List any goals, achievements, or objectives (strengths and weaknesses) that you have observed by the City Clerk over the past year. (If more room is needed to document continue on the back page). z. 3. 4. 5. ~ 1'~ -~9R ~ S ~n ~c ~F .~ ~~ i4- .~m~ Y~ `~i ~- (I ~ Nd ~ f-~-~r~~,eTi~.~s ~ Bs 5 c L,e~• 33 6. Overall Rating _ (Considering all items above) Recommendation: A performance salary increase should be granted. Percentage ~3v Print Name (Evaluator) No~~3 ~G~!-r~Sd m-~- ~l~/Z ~e~~/~~~'"~c~ ~~'1. ~~lJg t?1/ ~ t~ (;o-V~ ~,(z y .S"1N~ l S D~~~~ l~/t/ Sign of Ev for A salary increase should not be given at this time, employee should be re-evaluated in days. A salary increase is not recommended at this time. ~~- ~Z~e~®~e~!?~,~~ ~~ ~e~~- dR /nom iT ~r~~s~ A-; a ~f~-/S ~~~• B1'/~`1 '~ec,a.,~,g~ ~vD6°T /S Td~G,~~ifiSyC~- Date (~ /„ ~~/D 6 ~~~ y~~- oir ~ ~,~"I li Y Hoh{6 O~ PELICAN ISIAN6 Memorandum EXHIBIT 5 To: Debra Krueger, Human Resources Director From: Sal Neglia, Vice Mayor Date: June 18, 2008 Re: City Manager Evaluation Thee reason I chose this method for the annual evaluation of Mr. Al Minner, City Manager, because I feel I have more to say then on the usual form, and I want some issues to be clear. I have served as a city council member now for 3 years, and in that time I have watched Mr. Minner step right into the business of running a city. He removed unnecessary personnel, shifted personnel around, and saved us money. He is fiscally responsible. During the past 3 yeazs (2005-2008) Mr. Minner has been personally attacked, as well as city employees, by a few disgruntled people. When Mr. Minner became our City Manager I gave him 2 years to prove his capability to perform his job at managing our city. I find him to be respectful and caring. He has now been her 3 years, and in my opinion he has proved himself to me. I feel that most city employees do their utmost in performing their duties and they respect Mr. Minner. I think Mr. Minner has handled himself well with contracts, grants, roads, storniwater and the riverfront. There were times when Mr. Minner faulted on some issues, but we all do. I think one fault of Mr. Minner may have been trying to please too many people when there are times he should be sterner. I think for a person who has (5) bosses (council) he ~% handles it well. I think the City Manager and his staff have effectively withstood all the accusations of misconduct. He expects quality work from his staff. 1. Relations with Governing Body - 5 His relations with the council is appropriate and just, in spite of attacks he endures from the few disgruntled and disrespectful people. 2. Organization Relations - 5 A. Fiscal Management -For the 3 years Mr. Minner has been here, he has been cost effective and accountable for all of his decisions, and has saved the city many tax dollars. He always provides council with sufficient financial reports. B. Personnel Management - I think he treats all city personnel fair and enforces disciplinary action. C. Managing the Organization - I think he executes the City's mission and goals, satisfactory to council. 3. Relations with the Public - 5 4. Relations with other Governments - 5 Mr. Minner has worked well and effectively with the county and city governments and has earned their respect. He has effectively worked with federal, state and local governments. He works well and effectively with the people of Sebastian. My recommendations to Mr. Minner are as follows: 1. To direct his staff to have a good working relationship with the people and businesses of Sebastian. 2. To remain in Sebastian and continue to lead us into the future for at least 10 years. I am recommending that Mr. Minner does not receive any COLA or merit increases at this time. This is not due to the fact he is not performing his job duties, on the contrary he is doing a very good job. It is due to the fact we are in the process of cutting back expenses to try and balance the budget. ~%' Sal Neg}h~l, Vice Mayor L~ ~r tits, !~ ~.K EXHIBIT b HOAR {)F Pif.LICAN ISLANC- ~a SESnsru CITY OF SEBASTIAN CITY MANAGER EVALUATION Subject: Explanation of City Manager Evaluation Form The attached evaluation form has been prepared for the City Council. The form includes four (4) major sections or areas of evaluation with criteria under each section as follows: Section I Relations with the Governing Body. Section II Organizational Relations which include three (3} subsections: A. Fiscal Management B. Personnel Management C. Managing the Organization Section Ili Relations with the Public Section lV Relations with other Governments EVALUATION PROCEDURES: At the top of the first page of the evaluation form there is a rating scale that provides the basis for evacuating each of the thirty-two (32) criteria which are included under the four major sections or areas. The scale ranges from "Does Not Meet Expectations", at the bottom of the rating scale, to "Exceeds Expectations", at the top of the rating scale. Numerical values are assigned to the scale ranging from #1 through #5, with #1 con-esponding to "Does Not Meet Expectations", #5 corresponding to "Exceeds Expectations", #3 corresponding to °Meets Expectations, and are the midpoint of the rating scale. I 3~1 Each section should be reviewed as to the area being evaluated and each item scored independently. At the end of each area there is a comment section where the evaluator can document achievements accomplished by the Manager or areas that need improvement. In finalizing the evaluation it is recommended that you not add the thirty-two (32) numbers that have been recorded under the four (4) major sections or areas to arrive at an average score. You are not looking for an averaged combined score. You are looking for strengths and weaknesses. Pursuant to Resolution Number R-07-31, City Council shall receive evaluation forms for the City Manager, City Attomey and City Clerk as well as the current cost of living adjustment percentage being provided to the Communications Workers of America (CWA) from Human Resources staff by May 1ST of each year. Subsequent to receipt of information provided as set out above, each City Council member shall prepare an evaluation for the City Manager, City Attorney and City Clerk by using the forms provided or by writing a narrative or in whatever form eat deems appropriate. Each City Council member shall also conduct an oral interview with each of the Charter Officers on an individual basis prior to meeting in public for a final evacuation. City Council shall conduct a Special Meeting in June of each year to publicly evaluate and act upon any merit increases for the City Manager, City Attomey and City Clerk. Note• It is .recommended that each evaluator keep a record of accomplishments or areas of concern that are observed over the rating period so as to have a ready reference of material to refer to when preparing the annual evaluation. This would allow for a fair and impartial evaluation to take place. The last page of the evaluation form provides for an "overall" rating entry for City Council members to record their comprehensive view or impression of the Manager's performance using the rating scale as justification. This is the section where the evaluator can document their suggestions for overall improvements, contentment of work performed and recommends a sa{ary increase if warranted. 3~ CITY OF SEBASTIAN CITY MANAGER EVALUATION 1 2 3 4 5 I I I I 1. I I I Does not Meets Exceeds Meet Expectations Expectations Expectations f. RELATIONS WITH THE GOVERNING BODY PROVIDING INFORMATION 1. Keeps the Council informed in an appropriate and timely manner OZ- about matters critical to the Council policy making role. 2. Provides information on an equal basis to all Council members. o~- 3. Anticipates and follows up promptly on Council requests for information or action without having to be reminded. 4. Is available to the Council on official business either personally or through a designated subordinate. 5. Reports departmental and staff activities to the Council in an appropriate and timely manner. 6. Advises the Council of relevant legislation and developments in the area of public policy affecting the City of Sebastian. 7. Has developed, or is in the process of developing, a comprehensive understanding of the problems and issues existing in the City of Sebastian. 8. Considers all available alternatives before making recommendations to the City Council. ,~ 9. Anticipates, plans and sets priorities for future needs and programs recognizing the potential problems confronting the City. Comments: ~,~~ ~ `l l- G~ ~ l ~ ~j II. ORGANIZATIONAL RELATIONS A. FISCAL MANAGEMENT 1. Develops and administers a process of budget preparation and review which meets the requirements of the City Charter, and expectations of the Council in its decision making rote. 2. Controls operational and capital costs through adequate budgetary controls and the judicious/economical utilization of manpower, t ri l ma e a and equipment. 3. Provides the Council with timely and sufficient reports on the financial status of the City government in accordance with the Charter and requirements of the City Council. ~ Comments: B. PERSONNEL MANAGEMENT 1. Effectuates sound personnel selection and placement policies. °Z 2. Motivates personnel through leadership and training so that they are increasingly effective in the pertormance of their duties, in achieving common goals and objectives and in nurturing an attitude of courtesy, 3 helpfulness and sensitivity to the public. 3. Takes and enforces disciplinary action when necessary. ~ 4. Promotes and supports the "public service role" for all city employees and emphasizes exemplary performance. ~~% 5. Treats all city personnel in a fair and equitable manner. Comments: ~ Eie ~~ ~ / ~ C. MANAGING THE ORGANIZATION 1. Executes the policies adopted by the Council in a timely and ~ appropriate fashion. 2. Plans and executes organizational priorities in a manner reflective of the City's stated mission and goals, and satisfactory to the Council. -3 3. Analyzes organizational problems or issues and identifies causes, reasons, implications, and solutions employing all available technologies, systems and methods. 4. Executes the short and long-term goals and objectives set forth in the City's Mission Statement in a timely and effective manner. 5. Communicates effectively, clearly, and to the point. 6. Demonstrates sensitivity to the opinions and concerns of others in and outside of the organization. 7. Emphasizes the importance of teamwork and leadership in his relationship with the organization, and provides him/herself as a role model for personnel. 8. Accepts new ideas and suggestions for change. 9. Adapts to and deals effectively with unanticipated conditions and it ti ua ons. s Comments: {~ ~e ~ _ /1 ~ ~ / e~ ~yJ '~- II1. RELATIONS WITH THE PUBLIC 1. Handles disputes or complaints involving citizens in an effective, ~ equitable and timely manner. 2. Makes him/herself available and visible to the citizens of ,~/ Sebastian in an appropriate manner. 7' 3. Presents Council policies and positions on issues to the citizens ~f and city organization accurately, equitably, and effectively. / 4. Directs sufficient public credit to the Council in its role as the Governing Body. Comments: s~~ ~~~c~ec' IV. RELATIONS WITH OTHER GOVERNMENTS 1. Deals effectively with other governmental agencies at all levels in representing the City of Sebastian. 2. Develops and administers an effective program of grantsmanship. ~ Comments: .~ Q ~ ~ C~ ~ [fL i GENERAL COMMENTS List any goals, achievements, or objectives (strengths and weaknesses) that you have observed by the City Manager over the six (6) months. (If more room is needed to document continue on the back page). 2. 3. 4. 5. 6. Overall Rating (Considering all items above) Recommendation: A performance salary increase should be granted. Percentage A salary increase should not be given at this time, employee should be re-evaluated in days. A salary increase is not recommended at this time. SL~ i92y' U i ~ G/'1 ~ C~C Print Name (Evaluator) , ~~~~u~~ Signature of Evaluator / DD Date ~3 ~/ COY Manager Evacuation Comments I. Relationships with the Governing Body When Keeping Council informed about matters critical to Council policy or decision making, Mr. Minner has shorted my packet with important and vital information several times this year. This includes vital information regazding credit ratings when entering into a lease, Fair mazket value appraisals, and proper documentation from other agencies. Addressed with employee and requested improvement in the future. Proposals prepared for Council in an effort for lobbying for funds proved outstanding and allowed the City to present itself well. Funds were actually realized impart due to this presentation of information. In general- relationship with Council is good. I can only speak for myself however And Mr. Minner is available anytime for me regazding all matters. II. Organizational Relations Fiscal Management Fiscal Management is a stronger point for Mr. Minner. All major decisions on spending are Councils responsibility and judgment. I can say that Mr. Minner presents fiscally sound solutions and options for Council placing the ultimate decision in their lap. As a team we are fiscally secure, have keep taxes low, and placed us in a better position as a municipality. Personal Management Mr. Minner is weak in this area in my opinion. He was generous to government employees who stole while on the job. He has also been spoken to regarding An employee in my opinion with anger management problems, who has been disrespectful to the public and a Council member. In my opinion this employee is a liability to the City. In this respect, nothing was done so I can only address Mr. Minner in his evaluation saying he does not effectuate sound personal selection and placement policies at all times. Managing the Organization Mr. Minner had to be spoken to this year regarding his sensitivity to the opinions of others outside the organization. In the media he was outspoken criticizing an organization when he should have not commented and remained neutral. He was spoken to regarding remaining neutral in public comments against outside City organizations; For the most ~FY part he manages the organization fairly well. He is aware of all projects and is on top of things. III. Relationships with the Public I have to.say you cannot be 100% to 100% of the people but for the most part when I have referred citizens to Mr. Minner were extremely happy with his investigation and follow-up on complaints. We are fair are grants and planning, but could use improvement in this area. N. Relations with other Governments This year with the City of Fellsmere litigation and the negotiations for the ISBA I felt extremely confident with Mr. Minner. I also have received compliments from other Municipalities elected officials. General Comments: City Manager is a tight rope act. Pleasing several elected officials, providing good relations to the citizens, and managing an organization efficiently is being multi tasked to say the least. Fiscally sound is probably the most important number one concern a city should address and it is in this area I feel safe in Mr. Minners hands. Weak points and areas of improvement have been pointed out to Mr. Minner and I would expect he address's and improves these areas in the future. At this time I would retain Mr. Minner but would not support a raise. ~~; _% ~'o~ EXHIBIT 7 Charter Officer Evaluations - Al Minner, Rich Stringer, Sally Maio June 18, 2008 Another year has past and it is time to evaluate the Charter Officers. Once again I find myself in the position of having to describe the pol'~tical climate and hostile environment that continues to raise its ugly head at public council meetings. First and foremost let me state that, under the circumstances, I found the performance of our Charter Officers and their staff to be commendable and above reproach. Frankly, with the barrage of disparaging remarks and ambushes that council has allowed and participated in, I am surprised that anyone is still working for us. . Having been in the workforce for almost 40 years in a variety of jobs and positions, (have never seen a workforce treated so badly. To their credit, they continue to perform in an outstanding manner. Even the military doesn't batter and berate their supervisors in public and expect positive results. Good leaders support, trust, and nurture their subordinates. Good leaders develop and promote a vision and let staff execute the plan. Good leaders critiaze others in private because public humiliation only leads to embarrassment and alienation. Good leaders follow the golden rule and treat others as they wish to be treated. Good leaders admif when they make mistakes, are accountable and responsible, and can change their mind when circumstances change. All three of our Charter Officers- AI Minner, Rich Stringer, and Sally Maio, can be considered good leaders and consistently demonstrate all of the above characteristics. As elected officials and the ultimate leaders of our community, I feel we have failed miserably to provide an environment for our Charter Officers and their Staff to be successful and productive. 1 give Council a big fat 0 for leadership. We continue to publicly belittle and bash our City Manager, City Attorney, and senior staff resulting in a demoralizing effect on the entire workforce. Morale has hit an all time low. As council we have failed to provide vision because we're too busy nitpicking the minutia, which some members feel more qualified to do than our highly paid staff. In looking at the current council from an organizational standpoint, as a group we have failed to evolve. Every new group goes through four phases - form, storm, norm, and perform. Some groups can race through the first three phases and become highly functional in a short period of time. Other groups, like ours, never get out of the storm phase and fail to ever perform. This is my third council group in my short, 3'/ryear political career. We have an extra eight months to work as a group, yet we have nat been able to function as successful leaders. tt is very disheartening for me to hear some of my ~ i~ colleagues spit out misinformation provided a local citizen who is currently facing felony grand theft charges and misdemeanor perjury. As the leaders of our community, we should recognize and accept responsibility for our failure to perform. We are a disappointment to our community and are wasting time, money, and resources. I used to get calls from community members with minor complaints about swales or speeding. Now the majority of my calls aild emails are complaints about this council's behavior. As leaders, we have a choice in being part of the problem or part of the solution. I suggest we get on with the business of vision and let our staff execute the plan. To date, we have only been good at shredding plans and each other. tt's time to move on. Congratulations to all members of the City of Sebastian workforce who have held their heads high and continued to march. Please know there are many folks in the community who appreciate what you do everyday to make Sebastian a wonderful place to I'rye. Maybe someday council will be able to provide the vision and show you support, trust, and respect. When that day comes, the sky is the limit. Andrea B. Coy Mayor, City of Sebastian &, cm ~~ ~~~ -- = HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 25, 2008 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the regular meeting to order at 6:30 p.m 2. The Pledge of Allegiance was recited. 3. A moment of silence was held. 4. Council Member Paternoster read the Civility Pledge: We will be respectful of one another ever? when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present:. Mayor Andrea Coy Vice-Mayor Sat Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Environmental Specialist, Margie Reynolds Police Lieutenant, Bob Lockhart Police Lieutenant, Greg Witt /~c O Regular City Council Meeting June 25, 2008 Page Three Ms. Simchick asked if the City responded to the last correspondence from US Fish and Wildlife Service to clear up its concerns. The City Attorney explained that meetings have been on-going in general and there are some fundamental issues that need to be addressed such as lot access, having the homeowner hire a consultant to determine if five feet should be cut, and he said once the City can get the overall relationship straight with USFWS, the conditions for lot clearing will fall into place. Ms. Simchick reiterated that USFWS concerns have not been addressed because we are involved in a bigger picture and noted she was not comfortable moving forward until she could review the Palm Bay ordinance which was placed on the dais tonight. Mayor Coy said in her conversations with USFWS, they wanted Beth Powell, Indian River County Lands Manager to inspect the lots for scrub jays but later said they would agree to having Margie Reynolds, the City's Environmental Specialist, check the lots as long as she was certified. Ms. Simchick asked if the clearing would be complaint generated, who would mow if the City cannot contact the lot owner, and who would pay the bill. The City Attorney explained this would fall under the City's nuisance abatement program, in which case we give them notice to clear up within 14 days, then we go out and contract to have it cleared, which is the same policy we use on lot mowing. Ms. Simchick asked if it would come out of general funds and how much would have to be budgeted. The City Manager said it would come out of the Code Enforcement professional services line and for the next fiscal year it would pretty much be the same as this year. The City Attorney explained the reason we use a contractor was to be revenue neutral. Mr. Wolff asked if this was in effect today, how was the City's own house, and was there property that would fall out of bounds with this ordinance. The City Manager said probably so. Mr. Wolff said he would like to see a little bit of balance, noting that the lot owner is a taxpayer, and that this will be another vehicle to make it difficult for next door neighbors. He suggested there should be a maximum time the City needs to clear in the ordinance. Mayor Coy said her complaints have been the Brazilian peppers and the big stuff, which would need to be identified as well in the ordinance. Mr. Neglia said it was time to move forward with this. The City Attorney said five feet will grow back quickly in Florida, so lots will need to be cut a couple of times. He noted one of the counter considerations is fire prevention and the fire season is the same time as nesting season so the City must cut before nesting season. The City Manager encouraged Council to move ahead, noting this language was more restrictive than the Palm Bay ordinance, and said if the City clears on a reactionary basis it will probably be 6-12 lots per year. He also noted the City has lots on Tulip that need to be trimmed back. S Regular City Council Meeting June 25, 2008 Page Four The City Attorney explained part of the difficulties of the relationship with USFWS were that they have had a total change of staff since the take permit was authorized, and that the City was working from 2001 documents that former USFWS staff did not pass on to new staff. Ms. Simchick asked how what months in the year lots could not be cut. Margie Reynolds responded the nesting season is March 1 to June 30. The City Manager explained the notification process and advised not to put language relative to this being complaint generated in the ordinance because not all complaints would be valid and it would take away the ability to handle this as a standard operating procedure. Ms. Simchick asked how property owners would be notified of this new procedure and the City Manager said citizens have some responsibility to check out the rules and it could be posted on the website or in the Pelican Brief. Mr. Neglia asked about absent property owners applying for a permit. The City Manager explained the procedure that would be used: City would send a letter to John Doe, John Doe comes to City Hall and receives a permit and the case is closed, but on the flip side if John Doe doesn't respond, the City goes out and schedules an abatement, the owner is assessed x amount of dollars, a lien is placed on it and we never see it again until the property is sold and liens are dug up. The City Manager said the permit trigger is that the City would inspect the lot before cutting so we don't have "a take" and protected plant species will be marked before cutting. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to move forward on this ordinance and have it drafted with everything discussed this evening and present it back to Council for perusal and edification, passed on a voice vote of 5-0. The Mayor clarified the questions from USFWS would be answered when it comes back. Mayor Coy called recess at 7:30 p.m. and reconvened the meeting at 7:39 p.m. All members were present. 08.078 B. Discuss St. Johns River Water Management District Watering Guidelines - (GMD Report Previously Distributed) The Growth Management Director said the St. Johns River Water Management District (SJRWD) held a workshop the same day as the Interlocal Services Boundary Agreement (ISBA) meeting which prevented a lot of local official participation and SJRWMD was willing to come back down and hold another meeting. She went over the basic changes and noted there will be additional workshops and SJWRMD staff will present a rule to their governing body for adoption next March and then the City can match or modify our existing ordinance. Mayor Coy suggested that the Growth Management Director monitor the next major workshop and come back with a report on their findings and actions. s2 4 Regular City Council Meeting June 25, 2008 Page Five Discussion followed on the proposed one-day watering, how will people know what day they can water, and reclaimed water. Mr. Paternoster asked the Growth Management Director to ask the District to simplify the process of determining the day. The Growth Management Director stated staff has concerns with policing the SJRWD proposal and how to gauge percolation. She also noted the Green Coalition and the Indian River Green Team have concerns about gray water. She pointed out rain barrels with a drip hose will allow you to water to your heart's content and invited the public to contact staff or master gardeners for more information. 08.023 C. Airport Workshop Update (no backu The City Manager said this was originally agendized to let everyone know that a June 12th workshop was coming up and now he could report they had a good turn out at the meeting with attendance by a couple of Council Members, residents, staff, pilots, Commissioner Davis, and Flight Safety. He said the discussion turned out four major topics: review of the new flight pattern by Bob Denton in his plane, contacting residents who live under the flight patterns, determining if the patterns would work for Flight Safety, stress altitude more, and publicize the Airport is out there. He said there would be another meeting in August. Mr. Paternoster stated he had comments from Flight Safety indicating they were having difficulty with 0-6-0 turnoff from runway 4-22. The Airport Director stated he anticipated that because the wind conditions prevented them from the maneuver that day and he had heard some complaints as well. Mr. Paternoster explained a maneuver where we're asking pilots to turn 20 degrees as a voluntary nuisance abatement procedure, which brings the noise over uninhabited area. The Airport Director said he felt this needed to be massaged a little bit by Flight Safety because they are our biggest user. He also said he has noticed a slight fall-off of traffic. Mr. Paternoster said he understood that Flight Safety had a problem with both of the headings and the tight turn to come around for a landing. He asked the Airport Director to contact Flight Safety for any information and report back to Council. He also requested the next meeting be held sooner than August. The Airport Manager said Nancy Rear, the chief pilot was to call after they did the test and he would contact her to find out what he could. Mr. Wolff asked what was the cost of fuel now and if we had experienced a down turn in fuel sales. The Airport Director said we have tapered off and charge $4.90 a gallon which is competitive in the area. Mayor Coy commented the heat is stressful for airplane engines right now and asked if anyone would like to comment from the public. There was no one. She reiterated the next meeting would be in August if not sooner. ~3 Regular City Council Meeting June 25, 2008 Page Six Mr. Paternoster thanked Bob Denton for using his own time and aircraft in working out these flight patterns and noted that Mr. Denton has offered to take residents up in his plane. Mayor Coy said she would like to go in his plane. 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-4 A. Approval of Minutes - 6/11/08 CIP Workshop 5-18 B. Approval of Minutes - 6/11/08 Regular Meeting MOTION by Ms. Simchick and SECOND by Mr. Wolff to approve consent agenda items A and B carried on a voice vote of 5-0. 10. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 08.047 A. Planning & Zoning Commission (City Clerk Transmittal, Application, List, Ad) i. Interview, Unless Waived and Submit Nominations for One Vacant Alternate Member Position -Term to Expire January 1, 2011 Mr. Hepler approached the podium, greeted Council, stated he had been afive-year resident of the City and loved living here. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to appoint Mr. Hepler to the Planning and Zoning Commission carried on a voice vote of 5-0. 11. PUBLIC HEARINGS Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 08.065 A. Second Reading of Ordinance No. 0-08-04 -Requiring Planning and Zoning 27-3o Commissioners to Have One Year of Residency (City Clerk Transmittal, 0-08-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 2- 170 BOARDS, COMMITTEES, COMMISSIONS: QUALIFICATIONS TO ADD A ONE YEAR RESIDENCY REQUIREMENT FOR PLANNING AND ZONING COMMISSION; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. (Press Journal 6/11/08) The Mayor opened the public hearing at 8:04 p.m. and the City Attorney read the title. There was no public input. MOTION by Mr. Wolff and SECOND by Mr. Paternoster to pass Ordinance No. 0-08-04 „ / 1 requiring Planning and Zoning Commissioners to have one year of residency. 6 Regular City Council Meeting June 25, 2008 Page Seven Roll call on the motion as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Motion carried. 12. UNFINISHED BUSINESS 08.030 A. Resolution No R-08-08 -Extend ISBA Stand Down Agreement to October 31, 31-38 2008 (City Attorney Transmittal, R-08-08) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT EXTENDING THE RELATIONSHIP ESTABLISHED BY THAT CERTAIN AGREEMENT ADOPTED BY RESOLUTION R-07-22 ON MAY 23, 2007 TO MAINTAIN THE STATUS QUO DURING NEGOTIATIONS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT ("ISBA"), WITH A NEW EXPIRATION DATE OF OCTOBER 31, 2008, PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. The City Attorney said the interlocal services boundary agreement is continuing and the stand down agreement imposed a regulation against annexations processed outside the urban services area during the discussions effective for one year and it is about to expire. He noted Fellsmere didn't feel we need to extend, because if anyone declared an impasse we would go to the Chapter 164 process. He explained the first step is to have senior staff discuss outstanding issues, the next step is a joint meeting of governments within 50 days and if that fails, go to formal mediation with a mediator, and then if nothing is resolved, the parties can walk away. He said Fellsmere feels will take longer than October 31 and some cities have said they would feel better extending, so Fellsmere said they would extend if everyone waived the Chapter 164 process because they don't want to be strung along. The City Attorney advised a trained mediator might be a good thing to get everyone talking and he believed there is case law that we can't waive the 164 process before pursuing litigation. Mr. Neglia said a joint meeting should be rescheduled and he wants to protect our rights to the 164 process. Mayor Coy agreed, and thanked the members that showed up to the ISBA meeting last Thursday which ended early due to the City of Vero Beach leaving the meeting to go to a private party. She suggested a letter of concern be sent out so that does not happen again. Mr. Neglia said they were aware that how upset everyone was. The City Manager suggested hosting the next joint meeting. Mr. Paternoster asked if we should send a letter stating we don't agree to waiving the 164 process. Ms. Simchick asked if we did sign this and the elections bought a change of climate, and the charter went through, would Fellsmere be free to annex. The City Attorney said that is correct, they could begin annexations November 1St. J~ Regular City Council Meeting June 25, 2008 Page Eight Mayor Coy asked Council if they wanted the City Attorney to respond back that we will agree to the extension but not waive the 164 process. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to send the stand down agreement without the 164 dispute resolution passed with a voice vote of 5-0. The City Attorney said he would strike the fifth whereas in the resolution, and modify the agreement to take out the waiver. 13. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. Andrew Fackler, 517 Acacia Avenue, said he thinks last week's meeting was a disgrace and when the captain of the ship bails out and the Vice-Mayor doesn't know what to do it is all of the members' fault. Ed Herlihy, Sebastian, said he can no longer sit back and watch was has happened at the last few meetings, said this Council is dysfunctional, suggested they put their eyeballs on the table and look back at themselves, said they should recognize their function which is a legislative body. He suggested they develop a to-do list, hold workshops and challenged Council to work together. Cindy Falco, concurred with Mr. Herlihy, saying she was shocked a leader would walk out. She said brought the charrette plan pictures with her and asked why Council is not implementing the plan but instead making a boat parking lot. She said if the City buys the property on the river then there is no tax base to give incentives to be business friendly, and asked why private sectors aren't buying the property. In regard to the overgrown lots, she said people pay taxes for lots why can't the City pick up the tab for the clearing, and why can't we show in-kind favors and help our neighbors. Joe Spinelli, Carnival Terrace, said at the last meeting the Mayor made a statement relating to Mr. Paternoster because she had feelings of embarrassment because she did not care for words expressed of Mr. Paternoster's past experience with Mr. Minner. Mr. Spinelli said the other Council Members evaluated without interruption by the Mayor and when she gave other Council Members a big fat zero in her evaluation and then passed the gavel to Mr. Neglia to leave, he asked what would happen to any working person or military personnel who jumped the ship and left the crew to fend for themselves. Damien Gilliams, 1623 US Highway 1, read the civility pledge. Todd Klitenic, 1274 Barber Street, said the Mayor basically quit her job, so the Vice-Mayor should be Mayor, and Mr. Paternoster should be Vice-Mayor. Richard Gillmor directed everyone's vision backwards to when a lady spoke of movies in the park, and asked where that might be since the concerts in the park are finished. He said he has been running into people who wish to serve and volunteer but don't want to just answer the phone. 8 Regular City Council Meeting June 25, 2008 Page Nine Mayor Coy announced we are still looking for volunteers. The City Manager said he did do some research on holding movies in the park but failed to follow up on it and he would provide a memo on his research. Mr. Wolff suggested researching the pros and cons carefully because it is hard to believe that families are going to go out to the park with the threat of mosquitoes and the variety of other media available. The City Manager offered to agendize the item for July 9th and prepare a memo for Council. 14. NEW BUSINESS 08.072 A. Appoint Voting Delegate for FLC Conference and Propose Any Resolution(s) 39-44 (City Clerk Transmittal FLC Information) Mr. Paternoster nominated Vice-Mayor Neglia. Mayor Coy concurred and there was no objection. 08.079 B. Resolution R-08-07 -Grant Application for Main Street/Indian River Drive Project 45-97 (City Manager Transmittal R-08-07 Application, Guidelines) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN FLORIDA AUTHORIZING THE CITY MANAGER AND OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, FLORIDA BOATING IMPROVEMENT PROGRAM; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager stated staff recommends passing the grant resolution and the application is in the packet for review. Mr. Paternoster asked about dedicating the property for use by the public for twenty years, if the noted modifications will be done on the boat ramps themselves, if we are gaining parking spaces, if access to the ramps is considered an improvement. The City Attorney stated the property can't be declared surplus property and then sold by the City. The City Manager explained that the ramps will not be worked on, the parking spaces will be organized and enhanced with these improvements and access to the ramps will improve with the organization. Mr. Paternoster pointed out that the City Manager's cover letter states Council unanimously supports this project which is not true. The City Manager said the resolution's vote listing will indicate each member's support. Mr. Paternoster said he is opposed to the project, it was going to shorten Main Street between Route 1 and Indian Drive, it would cause a stacking problem for the time being and we should shelf the project and help out businesses that are going under in the CRA district. S~ Regular City Council Meeting June 25, 2008 Page Ten Mayor Coy reminded everyone that they were here to discuss the grant and there will be the opportunity to vote at July 9th meeting for or against the project. Mr. Wolff said, for the record, he is opposed to the project, but commends staff for going out for the grant The City Manager said even though there is opposition, it is cutting our cost by half and that frees up money to go back and disperse as everyone sees fit. Mr. Wolff said in the needs statement it reads: to launch a vessel causes entire blockage of Indian River Drive, which in his opinion is a gross exaggeration, many will continue to park along US 1 and this does not provide for additional spaces. Ms. Simchick told the Power Squadron people they would have a chance to comment on the project at the July 9th meeting. She asked if we are legally within our means to apply and accept the grant money. The City Attorney cited circle page 85, stating eligible amenities include staging areas, restrooms and trailer parking and the plan provides for 23 parking spaces that will be paved and striped which meets the criteria. Mr. Neglia applauded staff for going for the grant and noted there will always be parking on US 1, it will never change. MOTION by Mr. Neglia and SECOND by Ms. Simchick to approve grant Resolution R-08-07. Roll call on the motion was as follows: Ayes: Simchick, Coy, Neglia Nays: Paternoster, Wolff Motion carried 3-2. 15. CITY ATTORNEY MATTERS None. 16. CITY MANAGER MATTERS The City Manager asked Council Members to get back to him on how they would like to be transported in the July 4th parade; confirmed that the next ISBA meeting will be held at Sebastian City Hall; said he would look at the projector cost to show movies in the park; and cautioned that the City needs to be careful of liability in regard to the volunteers. 17. CITY CLERK MATTERS None. ~5&; 10 Regular City Council Meeting June 25, 2008 Page Eleven 18. CITY COUNCIL MATTERS A. Mr. Paternoster He said if we want to keep a project, we just need to find a grant. He explained to the public that Council does not make the agendas, the charter officers do, that he works pretty hard at this job, the charter officers answer to the members and when people complain, members have to oversee what the officers are doing otherwise the City would be run by three people only. He said as far as dysfunctional, there are five people, five personalities, answering to many people. He noted answering the phones is one of the main things we could use volunteers for. B. Ms. Simchick She said she is proud to be part of Council-Manager process, she noted this Council's accomplishments and said she likes to hear everyone's opinion, it may change her opinion and she is glad to help people solve problems. C. Mr. Wolff He said it was difficult to vote against the grant but he has found projects are put forward and grant money is applied for too soon because the project hasn't been fully sorted out. He commends anyone that comes to the podium, noted there is perception that if you disagree with someone you are against the issue, however said diversity brings strength. He said the Mayor's position should be rotated on a 12 month basis to give others a chance to lead the meeting and he hoped Council could move forward and get down to business. D. Manor Coy She said there were those who came to voice displeasure at her decision to leave the last meeting, she noted no other member was challenged during their evaluations, but her evaluation was evaluated and she disagreed with other evaluations but did not say anything. She asked the rest of the members to sit down with the charter officers with their evaluations as set out in the resolution. She announced as of July 1St, Doug McMillan will no longer be a My Safe Home inspector but if you call 772-913-1557 before July 1St he will inspect your home. E. Mr. Neglia He said he agreed with a previous speaker, there are things Council hasn't gotten to yet. He said members ask questions about the agenda, things take time to do, and they are constantly on the go. He said he is proud to be on the dais and even he gets annoyed sometimes. He reminded everyone of the Fourth of July festivities next week. 1 C/ ' Regular City Council Meeting June 25, 2008 Page Twelve Mr. Paternoster noted in yesterday's paper it said there are 644 people who are eligible for the economic stimulus check that have not applied and he urged them to apply through the website irs.gov or by calling 800-829-1040. 19. Being no further business, the Mayor adjourned the meeting at 9:29 p.m. Approved at the July 9t`' Regular City Council meeting. Andrea 8. Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk -~ ,' 12 cm ~ HOME 4F PELICAN 15iAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Resolution R-08-10 Final Plat for g Agenda No. (~ ~, Q Z Rohm Commercial Department Origin: Growth Manageme Purchasing/Contracting: Ap ve or Submittal by: City Manager Finance Director: • City Attorney: City Clerk: f ~ ~- A e Date Submitted: July 2, 2008 For Agenda of: July 9, 2008 Exhibits: Resolution R-08-10 Pla Application, City Surve or's Approval, City Engineer's Approval, ~ Clerk of Court Approval ~' ~ ~` ~-~~ ~F,-r^ EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION None REQUIRED: SUMMARY Glen Rohm, William Brognano, Todd Brognano and Daniel Brognano, as joint owners, have filed an application for final plat approval for aone-lot commercial plat to be known as Rohm Commercial located between the east and west bound lanes of Sebastian Boulevard immediately east of Wimbrow Drive. The property consists of 4.549 acres of land and has frontage on three streets. The plat includes a 1.19-acre stormwater easement that contains a stormwater management lake designed to accommodate maximum build- out of the property. All subdivision improvements have been completed. Staff has verified that the final plat is in accordance with the preliminary plat approved by Resolution R-07-16 on May 9, 2007. The City Attorney has reviewed the plat dedications. Additionally, all engineering, and surveying details have been satisfied in accordance with Florida Statutes, as reviewed by Mr. Rod Reed, P.S.M. The City Engineer has also completed his review and is prepared to sign the plat. As noted on the plat, there is a five-foot "gap" between the Rohm Commercial Plat (as legally defined by their deed) and Sebastian Boulevard (as legally defined by the State Road Maintenance Map recorded in Plat Book 10, Page 1 ofthe Public Records of Indian River County). At this point it is unclear who owns that area, but it is outside the area of the Rohm Commercial plat. RECOMMENDED ACTION "Move to approve Resolution R-08-10, Final Plat for Rohm Commercial." ~~! RESOLUTION NO. R-08-10 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS ROHM COMMERCIAL; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. ~2\ WHEREAS, Glen Rohm, William Brognano, Todd Brognano and Daniel Brognano, owners, have filed an application for approval of a final plat for a subdivision known as Rohm Commercial; and WHEREAS, said final plat complies with applicable State and City codes and regulations; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council does hereby approve the final plat for Rohm Commercial as prepared by Stuart A. Houston bearing the surveyor's date of July 2, 2008. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately. The foregoing Resolution was moved for adoption . The motion was seconded by Councilmember _ upon being put into vote, the vote was as follows: Mayor Andrea Coy Councilmember Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2008. by Councilmember and, ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney _ Permit Application No. sE- ~!~v City of Sebastian ~~ :-":. HQ4IE QF PELIiAN IiL4ND Development Order Annlic~~ion A licant If not owner, written authorization notarized from owner is re wired Name: °, h ~~ t ~ r.~~ ~ ~~~ ono ~ ~~ ~~~G ~a~~ Address: C ' "7c~ ~ ~ ~~~a s-~ C(~ ~~~ uCl ~~~ ~ S~ i c ~ '~ Z ~~ S Phone Number. ) - AX Number: ( ) - `~~~z ~~1 3 ~(~4 E-Mail: Owner If different from a licant Name: '' n Bohm ~~;~ lir.~m arc c~n~.~"'vclcl ~~~ nand ~ unl~l Uri ~~no Address: ~ ~'t---JL(~t Cj n ~--- 3 Z ~ 5~ 7i;5 ~ Sc' ~ts~i an .P~ vfc. ~~ Phcne Number: (-~z) ~~ i - ~U~~ AX Number: ( ) - E-Mail: Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): n I ,~ r n ~~~~ ~+,~ ~r ~ ~_~~i.2 B. Site Information Address: C,R5~2 _ ~ ' ~ ~ " 1,ti Im 13rc Lti l7-'t ~~ Lot: Block: Unit: Subdivision: Indian River County Parcel #: ~~"_ ~1 _ ~~~ _ ~~~~~ W ~C~)~, ~aC~~ ' Zoning Classification: ~ Future Land Use: Existing Use: V, ~ICCt ~-r Proposed Use: G SIB} lu~=~C I (~- ~ C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): DATE RECEIVED: a l~/ b~ FEE PAID: $ 5'c70. sc7 ~~~~{ RECEIVED B ~~ RECEIVED P & Z Gr©wth Nignfi. Permit Application No. D. Pro'ect Personnel: A ent: Name: ~_ l,~ I I~~ I~ ~ L~ ~ ~~i7 ~ 7 . L t_ ~ ~~~U ,. S ~ 1`~ N GI1 i..a! I C~ ~ -~ Address l nc i i ~ ~ ~~ ~t.l ~ ~ 1 V . ~ -~~~ ~ zK ~ ~ Phone Number. (~7.Z ) ~,~ ~~ - ~.~ ~ 2-Z FAX Number: (~~Z ) 7~U - ~ ~ c~ E-Mail: ' ~~~ i,~ ~~ C~ s bs r'~ ~ ~ -~ ~~ r.s , ~~~ Attorne Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: En ineer: Name: Gtl'Y1~ GtS r/'~'"tT Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Surve or: Name: ~~.s j Z: t~l ~-~~ ~ ~ ~ S ~~ i - ~JL ~ Address t i nc~~i c,i~ i1~Q.~ ~ ~/G{ .~ 1 t~ i uQ i~:~ ~ .~Ch ~ 3z~~ to ~ Phone Number: ) F Number: ( ) ~`~Z ~~~ I~Z1~ 7~Z ~`I~{ u ~ E-Mail: ~4L~ ~ ~ H -S ~5 `x' -~~1-~~ ~ ~{-~h ~~ 1, . ~v~~~--- x AM THE LEGAL REP APPLICATION, T ACCURATE AN TRUE SIGNA "'~' BE-NG FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER ~I E OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE B ST OF MY KNOWLEDGE AND BELIEF. ~. 1 DATE SWORN AND U 6CRIBED BEFORE ME BY ~ ~~p'Y~ S ~-V I L.CI KS2 WHO IS ERSO AL KNOWN T OR PRODUCED ~ AS IDENTIFICA 10 , THIS ~ DAY OF ---_ ~(1 2~f , 20~'}~. _..._. __ NOTARY'S SIGNATURE ~ S-~ PRINTED NAME OF NOTARY - r 1-1-Q ~ : I'}'a ,'1 COMMISSION NO./EXPIRATION f~f~~., f 1~ V U 2 .Z /~/ Z O l l SEAL: ~o~"a ~ •`..°e~% LAUREN F. HAMILTON * " * MY v^vMMISS{CN N DD 603442 EXPIRES: February 7, 2011 ~r9rFOF F~~`oP Bonded Thru Budget Notary Services /~s; Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, ~ THE OWNER(S~ / ~ THE LEGAL REPRE~SE A-TINE OF THE OWNER(S) OF THE PR~O~PE~~ DESCRIBED WHIC~1 IS THE SUBJECT OF THIS APPLICATION, HEREBY A HUT ORIZE EACH AND EVERY MEMBER OF THE`~'n"-~.L/h CDdNi,(Y, BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAI\iE ANY OBJECTION OR DEFENSE I/N!E MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATE CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AN ONSEN I ING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MA , BY ANY E YEE, AGENT, CONTRACTOR OR OFFICIAL OF THE ITY OF SEBASTIAN. ~/ ~ SIGNA RE / DATE Swq~n to an sub ribed before me by ~OSQ (~h ~CV~ ~\ I~- who er na known tom or produced as identifi ti ,this day of , 200 ~S~.n k o- f Notary's Ignature ~ ; Printed Name of Notary >~ ~ C= H-~ ,-., ; t {-~--,r, Commission No./Expiration ~lnC ~ o3~-I i-1 Z__ 2 / 71 Z._c7 ( I Seal: ~~ ,~~~"; ;;'&~, LAUREN F. HAMILTON * MV COMMISSION # DD 603442 * EXPIRES: Febmary 7, 2011 rr4TFOFF~O~\O~ Bonded Thru Budget Notary SerAces -„ $E~~T!~N Supplementallnformation ~- " ~` Final Plat Approval HOME OF PELIiAN IiL~~ID Permit Application No. 1. The following information is required on all final plats: ~ a. Name of subdivision. ~b. Title Block. V c. Legal Description. d. Index Sheet. e. The final plat shall comply with Chapter 177, Florida Statutes, and shall show all lengths of arcs together with central angles, radii, and points of curvature. _j„~ f. Scale. ,~ g. North arrow on every sheet. Bearing or a?imuth reference shall be clearly stated on the face or first page of the plat. //h. The point of beginning shall be boldly shown. i. All intersecting street right-of-ways shall be joined by the long cord of minimum radius of twenty-five feet and all dimensions shown. j. All adjoining property shall be identified by a subdivision title, plat book and page or, if unplatted, the land shat! be so designated. k. If the proposed plat borders upon any public water bodies, delineate the ~- mean high water line. ~ I. Permanent reference markers shall be shown. ~r/ m. In the upper right hand comer, provide athree-inch by five-inch space to be used by the Clerk of the Circuit Court for recording information. n. The plat shall be accurate within 0.01 foot and shall be tied accurately to / all township, range, and section lines. ~/ o. On the cover sheet or first page show a vicinity sketch. p. Lots and blocks shall be numbered or lettered. q. The plat shall contain the name of each street shown. r. All right-of--way and easement widths and dimensions shall be shown on the plat. ~~ Permit Application No. 2. Attached the following: V a. Six copies of the final plat. (Two sets must be sealed.) _ b. Three sealed sets of as-built plans. -~v }~~ S~,b~„~;,~-ec~ crt' -~'h2 ~~d ~F consf-v~~i~~ ~~/ uu~ ~P.: ~'~ ~f a 3~p ~'}; 1~IfAST~EL.LER, MOLL14, RE,~D & TAYLOR, 11110. ~-~~-.--~~- ~~ --PROFESSIONAL SURVEYQRS & MAPPERS ~~- 1 \, ~~`%~ ~~ - ,: une 3U, 2008 Ms. Qori Boswor±h City of Sebastian ~ 22:, Main Street Sebastian, Florida 3'958 Re. k~ohm Commf~rcial Plat- Surveyor Sign Off Ms: Bosworth= i have completed my review of the referenced plat and find that it is in cu€~pliance with ChaE>ter 177, Florida Statutes and the City of Sebastian Code of rJrdinances. Therefore, please accept this letter as my ofFcial sign off for the survey review. ~iease do not hcsitat~~ to ca(I should you have questions or require additional inforrna~tion. ~~ SinGet'Bfjt;~ l~A T ~LLER, OLD R, REED & TAYLOR, INC. P,od t'.eed, PSM l.~iee President cc; Stuart Houston, Houston, Schulke, Bittie & Stoddard, LLC David Fitihcr, City of :~ebasGan ;6243-3.doc) ~. i I_'; 1655 27°' Street, Suite #2 Vero Beach, Florida 32960 Ph(772)564-8050 Fax(772)794-0647 ~~j Jan King From: David Fisher Sent: Tuesday, June 24, 2008 11:45 AM To: Rebecca Grohall ~c: Alfred Minner; Rich Stringer; Jan king; Dorri Bosworth Subject: Final Plat /Rohm Project -- Sign-Off by Engineering Rebecca -- Further to our discussion earlier this morning, this to advise / confirm I am ready to sign off of the Rohm Final Plat upon resolution of the identified outstanding items. I am available thru Friday of this vreek (27 June'08) to sign the subject final plat documents if they become available by then but, as previously noted, I will then be out of the office until Thursday, 10 July, when I am again available to sign off in person. -- Dave Fisher Memorandum To: Board of County Commissioners Indian River County From: Jeffrey K. Barton, Clerk of the Court Re: Plat Approval Date: Jufy 2, 2008 Owner or Agent: Glen Rohm, Daniel J. Brognano, Todd Brognano, William Brognano Plat Name: Rohm Commercial Plat Number of pages: 2 The above-named plat has been examined and appears to meet the state requirements for permanency in Florida Statutes 177.091(1) and the County Ordinance regarding minimum letter size. The following items need to be reviewed for conformity with other provisions in F.S. 177 and the County Ordinance: 1. OK 2. 3. 4. 5. ~, .~ ~ ~. r • ~= 's -+ _ .U ~. J. K. Barton, Clerk of ircuit Court ~ ~z,,,~ya~,• ,~ ;oQO``~~ ~~~~~ ~?j~R CDUN~~ ~ ~~~` ~~rrr H I r U 1111 p -~,~`` Deputy Clerk, Records Division 6 ~ ~~z alr a r~ ~ --~„ HOME GF PEULAN ISL4IJD CITY OF SEBASTIAN AGENDA TRANSMITTAL N A d GZS ~~ Subject: One Expired Vacancy on the gen a o. - ~ Natural Resources Board '~~ ' ~~" Department Or i -City Clerk Appro ed fo ubmittal by: City Manager City Attorney: Date Submitted: 6/26/08 For Agenda of: 7/9/08 AI i Exhibits: Application.., List, Ad EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Three members' positions have expired, Ms. Albury, Mr. Wheeler and Ms. Yanchis. Mr. Wheeler and Ms. Yanchis have chosen not to serve again. Ms. Albury would like to serve again and is eligible to do so. There were no other applicants for the other positions. RECOMMENDED ACTION Interview, unless waived and nominate Ms. Albury to the regular member position set to expire July 1, 2011. Also run ad to fill vacant positions. ~~/ oQ ~ y. ~ / t~\}C~ILIS((~~LgqU GII,I Vr SCLi r~S~I;'--l 4lf' ti,,,~ 4,° vFFIG OF Gf i Y CLFR~~ (_ U (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: ~_ ~3 ~ ~ Z_ l~ ~~ i !~ HOME ADDRESS: ~ ~ _~ ~ ~ ~u ,~ t= S i HOME PHONE: ~~ ~ _ _ ~, ~~ `~ - HOME FAX: E-MAIL: BUSINESS: ~,/ ~- BUSINESS ADDRESS: - BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A REGISTERED VOTER? ~~IC_>_~S VOTER REG. NO. ~ ~ ¢ ~~ ~ ,~' HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? ~ )/2.S , DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? - ~.' DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING # I BOARD OF ADJUSTMENT CHARTER REVIEW COMIvIITTEE (serves only 6 months every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD -TREE ADVISORY BOARD OTHER TEMPORARY COMMITTEE (WRITE IN COMMITTEE NAME) ~ ~~ ~~< n .,, / ~ i ~ .; ~.~~ ~ ,-. NATURAL RESOURCES ADVISORY COMMITTEE Lynn Albury Term expires 7/2008 1666 Seahouse Street Sebastian, FL 32958 589-0037 Vacant Term expires 7/2009 Todd Klitenic Term expires 7/2010 1274 Barber Street Sebastian, FL 32958 589-5255 Ginny Koerner -Chair Term expires 7/2010 1517 Dewitt Lane Sebastian, FL 32958 581-8827 Vacant (alternate) Term Ex Tres 7/2011 Cyndi Schuster Term expires 7/2009 (alternate) 729 Spire Avenue Sebastian, FL 32958 589-8091 James Slattery Appointed Term expires 7/2010 1361 Barber Street regular member Sebastian, FL 32958 7/25/07 589-6006 Vacant Term expires 7/2011 Vacant Term expires 7/2011 70 an' ~ ,~~_ HOME OF PELICAN ISLAND PRESS RELEASE The City of Sebastian has the following volunteer board openings: Construction Board Alternate Member -Citizen -Term to Expire 9/30/2010 Alternate Member -Contractor -Term to Expire 9/30/2010 Natural Resources Boarc Regular Member - Regular Member - Regular Member - Regular Member - Alternate Member i Term to Expire 7/ 1 /2009 Term to Expire 7/1/2011 Term to Expire 7/ 1 /2011 Term to Expire 7/1/2011 -Term to Expire 7/1/2011 Parks & Recreation Advisory Committee Regular Member -Term to Expire SI31 /2011 Regular Member -Term to Expire 5/31 /2011 Alternate Member -Term to Expire 5/31 /2009 Alternate Member -Term to Expire 5/31/2011 Planning & Zoning Commission Alternate Member -Term to Expire 11 / 1 /2010 Alternate Member -Term to Expire 1 /1 /2011 ALL MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. MEETING TIMES AND APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR ON WWW.CITYOFSEBASTIAN.ORG APPLICATIONS WILL BE ACCEPTED UNTIL FILLED. ~6 ., FOR AGENDA ITEM 08.079 Indian River Drive/Main Street Project please use your CRA packet (City Manager Transmittal, Updated Cost Estimate/Budget; P & Z Minutes, Vegetation Charts, Final SBS Design, Alternate SBS Design and Restroom Concept) ~~ ~~. CITY dF ~„ ~. 6.9OFJlE ~F F'~LICA[V ISLAtII,? AGENDA TRANSMITTAL Subject: Agenda No. (~~. U~(A FY 09 BUDGET UPDATE Departmen Ori n: Finance Finance: ~ ~ ~ A rov f Submittal by: City Attorney: City Clerk: Date Submitted: 2 Jul 08 n r, City Manager SUMMARY Per Council request, this item has been placed on the agenda to seek preliminary direction concerning the FY 09 Budget. Two important upcoming dates before Council are (1) Monday, July 21St -Budget Committee Workshop; and, (2) Wednesday, July 23`d -Setting of the Maximum Millage Rate. Going forward from this point, I believe the Council has three issues that summarize the FY 09 Budget. Those issues are (1) continuing to provide tax relief by exceeding the State's requirements; (2) meeting the budget restrictions imposed by the passage of Amendment #1; and, (3) increase services which will require a super majority vote. At the present time, the General Fund has estimated expenses for FY 09 at $11.9 million and revenues at $11.4; leaving a deficit of approximately $500,000. Much will transpire in the next few weeks to continue analyzing revenues and expenditures. The budget assumption that remains at this time is the usage of the current millage rate of $2.9917. If this rate is used again, additional tax relief can be provided, but some level of deficit spending will be required. As outlined in a memo submitted to Council on July 1, 2008, I am working to bring the deficit spending to about $250,000 which should not be a significant effect on reserve funds. The next alternative is to balance the budget with the "permitted" roll back rate of $3.3646. Like last year this is a roll forward. This will generate an additional $470,000 balancing the budget without deficit spending. This rate also provides the additional homestead exemption tax relief provided by Amendment #1. Note also, this option does not increase services or the current estimated expenditures of $11.9 million. Perhaps the most important factor for this agenda item is direction from Council and consideration of additional service prior to the Budget Committee Workshop. At this time, the true "roll back" rate is projected to be a roll forward at $3.7060 mills. If this rate where used, an additional $900,878 could be generated which could help increase police officer levels or other staffing requests. For the past two fiscal years, discussion concerning public safety has surround the budget process. Again, I anticipate these discussions to take place; but, what makes this year's budget process different is that and increase above the $3.3646 millage level will require a super majority (4 votes) to approve the budget. RECOMMENDATION No action is required on this information topic. ~S; _ cmr of ~; HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Agenda No. - ~ CONSIDER ION FLAGSHIP MARINA OFFER Department Ori in: Cit Mana er Finance: A ve r ubmittal by: City Attorney: 1 City Clerk: Date Submitted: JUL 08 er, ity Manager Exhibits: Appraisals; CRA Spread Sheet; Previous Land Purchase Report SUMMARY Due to the fact that the City Council functions as the CRA, for the purpose of scheduling and because it was a Council goal to consider river front property purchasing, this item has been placed on the Regular agenda. Any formal action taken to proceed on this topic will require a motion and subsequent meetings as the Community Redevelopment Agency. With that being said, the Sebastian City Council formally adopted along-term goal to review any potential for purchasing river front property. In concept, this goal carried many functions; but, the main concept was to consider land purchases if a parcel could return on an investment by providing a substantial public purpose. Important public uses would include, but not necessarily be limited to, enterprise, park and preservation attributes. Another important component to mention is that this goal was considered by Council, in part, because land values are holding steady or falling, setting the stage fora "buyers' market", if the right circumstances were to present themselves. To that end, on April 28, 2008, the Office of the City Manager submitted to Council a very short review of river front parcels that were currently for sale. Those lots were Squid Lips Marina, Pelican Pub, 1301 US Highway 1, Paradise Marina and Flagship Marina. Based on that report, this Office suggested that the Pelican Pub and Flagship Marina may have the greatest potential to provide the public purpose that Council seeks. In no association with that report the owner of Flagship Marina, Damien Gilliams, contacted the City inquiring about a potential sale. In the past this Office has made inquiry of the Flagship Marina's asking price. In recent conversations with Mr. Gilliams, some accord was struck to investigate the potential of the City providing an offer for the sale of said property. The resulting action was the execution of two appraisals, which are enclosed for your review. Basic information on this transaction is as follows: ITEM DATA Asking Price $3,900,000 Appraisal - W.H. Benson & Company $2,700,000 Appraisal - Armfiled & Wagner $3,000,000 Parcel Size 0.6 Acres Frontage 125.0 Feet Submerged Land Area 0.8598 Acres Assessed Value $909,280 City Taxes $3,052 Current Use ~ Marina; P.estaurant Also note that the owner of the parcel executed a third appraisal by Kenneth B. Cline (Vero Beach, FL) and the appraised value was $3,825,000. ~~ The purpose of this correspondence is to seek direction from Council with regard to consideration of a purchase offer. In an effort to provide Council data and analysis on this topic, provided herein is (1) a financial plan for potential purchase at the average price of the two City appraisals ($2,850,000); (2) potential parcel use recommendations; and, (3) staff commentary on the appraised value and purchasing prices. To advise City Council, the following options should be considered at the July 9, 2008 meeting: • Make an offer on the Flagship Marina; • Review additional information to help formulate a purchase decision; or, • No longer consider the purchase, at this time, based on the information enclosed. FINANCIAL PLAN FOR PURCHASING The assumption for this financial plan is that the City offer $2,850,000. This price may be too high for Council consideration or too low for owner acceptance. Below are the recommended sources to structure the land acquisition: ITEM AMOUNT Unencumbered CRA Cash $100,000 Unencumbered Recreation Impact Fee Cash $750,000 Commercial Loan -10 Years 5% $2,000,000 TOTAL AMOUNT $2,850,000 This financial plan has the following effects: Absorb a significant amount of unencumbered monies in the Recreational Impact Fees by reducing the current estimate of $983,712 to $233,712. However, all programming scheduled in the FY 09 CIP could be completed through FY 11-12. Absorb $100,000 in CRA unencumbered funds, leaving $41,991. Debt issuance in the amount of $2,000,000 at 5% for 10 years. A commercial loan would not require referendum. With the expense of the property included, the average annual budget impact on the CRA is as follows: CRA LINE ITEM ~ AVERAGED ESTIMATED AMOUNT City Tax Increment Contribution County Tax Increment Contribution Interest Earnings TOTAL ANNUAL CRA REVENUE Annual Operating Expenses Fagade/Sign/Landscape Program Flagship Marina Loan Payment TOTAL ANNUAL EXPENSES $256,700 257, 900 25,000 $539,600 $86, 000 30,000 255,000 371,000 $168 REVENUE -EXPENSES As you can see, an estimated $255,000 annual payment can fit in the CRA budget for 10 years with an excess revenue in the amount of $168,600 annually. If the Council purchases the Marina, the "residual revenue" may be significant to help redevelop in this immediate area. That type of commitment may prove fruitful for the City. However, if a commitment of this magnitude is made to the Flagship Marina, the data 2 demonstrates that other project(s) would be very difficult to fund for the next 10 years. Here are two examples of negative effects. (1) To relieve pressure on the General Fund caused by Amendment #1, staff is considering a CRA to General Fund transfer to recover the cost of CRA park and right-of-way/median operation expenses in the amount of $60,000 - $100,000. (2) Another program being considered is an increase in the funding levels for the FSL program. This proposal would increase the grant money provided from a 1:1 grant to an 80% grant - 20% private contribution. The aim is to increase program participation and help business invest back into the district during this difficult economic time. This concept has been discussed, briefly, with the FSL Committee and will be formally ihtroduced to the CRA at budget time. Potential cost increases would range between $70,000 - $95,000. While there is room to program these types of programs in the CRA budget now, if the marina is purchased, these and other program ideas such as park improvements (i.e. band shell, Riverview Park sound system); (2) US 1 landscape amenities; (3) under-grounding overhead electric utilities; and, (4) 512-Triangle improvements could not be considered in the near future. PARCEL USE RECOMMENDATIONS In considering the purchase of this parcel, two business models can be identified. First, a business model that places the City in an enterprise. Second a business model that places the City in a position to "redevelop" through extension of public services. In the enterprise model, the purchase of the Flagship Marina could be used to place the City in the Marina/Restaurant business where revenue is realized and surplus is transferred back into the CRA for other redevelopment purpose. In essence, Flagship Marina is purchased to diversify CRA revenue. If this were the sole purpose of the transaction, I would recommend against buying the property. Simply stated, in an enterprise scenario, the investment of $2,850,000 would not be realized until the 36th year of operation, while an averaged annual loss of $178,000 will occur during the first ten years. These assumptions were made by reviewing and modifying some of the data provided in the Armfield & Wagner and W.H. Benson appraisals. Some liberties were taken to account for personnel, adjusted tax costs and debt payments. Additional assumptions and modifications are as follows: • No Financial analysis was done for apartment rental. • The two appraisals were slightly different on marina rental and restaurant rental. This report errored on the liberal revenue side. This action was taken to show the best financial scenario in light that even with these "liberal" assumptions, the loss was great. • A substantial increase was made for tax payments. Both appraisals reported the current assessed value at $909,280. However, if the City were to lease the property for slips and restaurant uses, taxes would substantially increase based on the sale price. • For the marina operation, afull-time employee was considered and funded by the CRA. Unit Price Per Average Boat Marina Slips Annual Rental Square Foot Length [I5°i6 Capacity) Restaurant S.F. Revenue Boat Slip Rental 39.00 25 35 NIA $94,500 Restaurant Rental 27.75 NIA NIA 3,500 97,125 TOTAL REVENUE $191,625 Hourly Wage Benefits Hours Worked Annual Cost Debt Payment $255,000 Harbor Master 39 32 2,04D 39,015 Taxes ($2,000,000 Assessment) 34,000 Insurance 5,000 Repair and Maintenance 6,000 Utilities 3,600 Submerged Land Lease 4,254 TOTAL EXPENSES 3346,869 PROFIT ($155,2ddj ~~ ~__~ Profit and Loss By Year YEAR REVENUE EXPENSES PROFIT/LOSS YEAR REVENUE EXPENSES PROFITlLOSS 1 191,625 346,869 (i55;24~1i 19 326,229 267,495 58,734 2 197,374 357,275 (159 ~+011 20 336,016 275,520 60,496 3 203,295 367,993 r164 h98) 21 346,096 283,785 62,311 4 209,394 379,033 (169,x.3 +1 22 356,479 292,299 64,180 5 215,676 390,4D4 (i74,? r1 23 367,173 301,068 66,1D5 6 222,146 402,116 (1Ta ~?Cq 24 378,189 310,100 68p89 7 228,610 414,180 (1ti5;_69j 25 389,534 319,4D3 70,131 8 235,675 426,605 (19D,a311 26 4D1 ,220 328,985 72,235 9 242,745 439,403 f196,F,5°) 27 413,257 338,855 74,402 10 250,027 452,585 (2LQ,558} 28 425,655 349,020 76,634 11 257,528 211 ,163 46,365 29 438,424 359,491 78,933 t2 265,254 217,498 47,756 30 451 ,577 370,275 81 ,301 13 273,211 224,023 49,189 31 465,124 381,384 83,740 14 281,408 230,743 50,664 32 479,078 392,825 86,253 15 289,850 237,666 52,184 33 493,450 404,610 88,840 16 298,546 244,796 53,750 34 508,254 416,748 91 ,505 17 307,502 252,140 55,362 35 523,501 429,251 94,251 18 316,727 259,704 57,023 36 539,2DE 442,128 97.078 However, if the goal of this purchase is to conduct redevelopment through investment in a parcel which will increase public services, then all consideration should be given to the project with due evaluation provided on the budget effects previously mentioned. Some thoughts that the property may provide on a public service level are: • Community Center Location • Additional/Modified Ingress/Egress into adjoining Yacht Club Boat Ramp • Additional Boat and Riverview Parking Modification • Removal of current City "Pull-In" Parking along Indian River Drive • More area for "Green" Space • Other Riverview Park Improvements made to "Unify" Area Attached hereto is a design concept completed by Neel/Scaffer Engineering, which may show some of the possibilities that exist if the City had ownership of the Flagship Marina parcel. ~% - ; ~_ 1'a in ('lub Howl R(nnp Ric~•n ic« Park Imprm emcm> 4_-~ STAFF COMMENTARY ON THE APPRAISED VALUE AND PURCHASING PRICES All effort has been made to provide unbiased information and documentation on this matter. This topic has such large and far reaching financial implications, however, that a staff report would not be complete without some commentary on the appraisals and varying offer amounts. Both appraisals make some assumption that can arguably provide an artificially increased value to the property. This question lies in the "grandfather" nature of the boat slip question. Specifically, the W.H. Benson appraisal utilized Mr. Gilliams' 10 "transient parking" spaces and gives them the same full value ($45,000 each) as given the 15 approved boat slips. At that value, it could be argued that his appraisal at $2.7 million is $450,000 too high (actual value $2.25 million). This question is also addressed in the Armfield report, where he provides three different levels of value based upon the potential to eventually provide parking. This will be a point of contention in negotiating a purchase price with Mr. Gilliams, as the Cline appraisal gives full value to the properties. Last, I wanted to provide some budget ramifications concerning the issue and provide some financial data on budget effects if the offering price is lower or higher than $2,850,000. A LOWER OFFER - Should a lower offer be provided, in a range closer to $2.25 million, the CRA budget encumbrances can be reduce by 30%. In other words, instead of borrowing $2 million, the debt would be $1.4 million with an annual debt payment of $178,000. Therefore, the "residual revenue" in the CRA would increase from $168,600 to $245,100 for future CRA allocations. This option would not restrict CRA programming to only the Flagship Marina for the next 10 years. A HIGHER OFFER - I was hopeful that the appraisals would come in lower, not placing as much stress on the CRA fund. While I think a lower offer may be good for the City, I believe that Mr. Gilliams may only consider an offer somewhere between $3,000,000 and $3,825,000. Should the City make an offer in this range, a loan of $3 million would be required, increasing debt expenses by approximately $127,500; thereby, reducing available annual revenue in the CRA to $41,100. In short, this would reduce any ability to have spending room in the CRA and I would recommend against making an offer in this amount. RECOMMENDATION This is a discussion matter only. Staff seeks direction on the issue and reiterates some of the options before Council: • Make an offer on the Flagship Marina; • Review additional information to help formulate a purchase decision; or, • No longer consider the purchase, at this time, based on the information enclosed. /~j, ~J 0 0 rn 0 O 0 o 0 N ~ ~ d R N C ~ 0 0 N N Q C d LL O O N N d Y Y e rn o O o N ~ o N o 0 0 0 0 o M ~n ~ o o in N ~ M ~ u7 V 01 N N ~ M OMD M O) O N W 7 ~ N N t D M m ~ y ~ n O N r ~ m O b (D ~ M N N V m A y to O O G O n M OD W n n M N N N m N rn o y m ~n Of ~ V O 7 N O N N m co n M y N ~ ~ 6/ r N_ (+i oD m N M N N tD c0 O M M O n O O O O 00 O 00 CO O In M M N V M M M 1~ n n O N ~ ~ O O O O ( O O O) a0 n c0 N ~ O l O ~ O ~ O ~ M N N M N O N ~ ~ O M O V V O n O O _ M V N O O N aD ' V O to M O O O 7 ~ O q' O N N M O N O V O [{ n M O v v ° i o 0 o o n V n n O O i 1n 0 M 0 M O M ~ ~ R '- O M 7 N W Oi ~ M (O N O N N O n O m O T (O R N N O ~ aM0 aM0 M aD ~ O O M t~ N W M W M O ~ tq N O O M M O n O ~ O u1 y M V O O N UD n n (O (O O n O n O O O N ~ M (O M (O QI M O N m V V' O V aD CU ~ p ~ N N N ~ O O M ~ M O m N N M M N O M ~ aD O N N O n O O) O m y N O (O (O n ~ O N O ~ ~ O O O ~ n (O n (D GI ~ O M ~ n W m O ~ M M '6 p O O O N ~ m m M ~ M M m N ~ N N ~ N M M 01 aD V N O N N O n O m O O) y f0 n CD R ~ ` M OD O V O V O O O u7 h O ~ O ~ ~ n M O N N C V O ~ 00 aD N N N ~ T m M M M m N N N co o m m n o n n o n o v o v d ° .n ro c n co rn v m n M o rn 0 rn o o u~ ~ co v_ co v rn ci co ~ c~i eo of of o a v v N O N N aD ~ a~ OD M M M m N W V O O 7 n O ~ LL'1 O n O N O N y O W O ~ ~ O O O O ~ V O N (D N (O O O 47 41 O O 00 OD 0I C ' O O O O O N ~ M O V O O O O O V ~ O O ~ N aD a0 aD M 6) ~ (D c0 7 N m N N O N n N M N 00 N N M N M O O O O N N ' ~ ~ ~ W M M O O V 7 ~ ~ ',, n ~ n n M O a v 0 0 O O n n O O N N rn m O W O O O O O O O O N N N N M M ~ V m W M M N N t0 (O N N ~ O ~ N V R rn rn m m ~ ~ m ano N N u0'1 ~ M W M M O M d ~ (O W O O M O O V O O dD V OD O V O O 61 n V m O OD ~ m O) Q w / ~ ~ ~ 0 01 ~l'1 M R N N OD M N O N M N ~ ~A N ~ O 00 M N n O ~ ~ N ~ O c0 M M N W ~ O ~ L L U N W N .~.~ Q ` O O O O O O O O O O O O O O `_" y ` ~ O } Q N C N~/ LL N _ N ~ C. Vl ~ C ll V (U U lC ~ ~ o m o- - c _ N ~ ~ t~ ~ E NN N M N ~, E N o O 7 w ~ m C ~ E ~ O U N C ' C 3 . .. C `~ O U N ~ M M i/i LL o ~ f ~ ~~ ~ w w a o ~ E ~ W ~ ~ ~ " p ~ a Y ° a ~ a ~ `0 ~ n ( ~ ~,J I u ~ E ~ E c o ~ a~ E Q Q m C °_i °' E ~ c ~ a~ "- o ~n m m ~0 m -o m ~ ~ o a~ E o c c ' o- N ~ O n W N m o Q ~ ~ c c ~ y to co m O r a ~p N ~ m a rn ~ C.1 ~ m x H x H c m E- a~ ~ m ~ `a a m O m c`°i, H ii m _°, a~ U I°- ~ H ~ F°- ~ w m o a w N Q M W O O N N C~ C Q M N N N (6 G N v C TO: Members of the Sebastian City Council FROM: AI Minner, City Manager RE: RIVERFRONT PROPERTY FOR SALE DATE: Monday, April 28, 2008 In an effort to consolidate some preliminary discussion we have had with regard to purchasing riverfront property, I have provided the following. At this time, I am not ready to recommend purchase of any of these parcels. Some have ability to unify and expand areas currently under City ownership, which has some value. Other properties offer the ability to retain riverfront land and prohibit development, which is the only value they would offer the City. In short, below are the listings, please provide direction. Upon discussion, I will act accordingly. SQUID LIPS/SEMBLER'S MARINA The owner of this parcel has inquired into the City's purchasing interest. The asking price is $3.2 million. It contains 1.6 acres with 73 slips. The offer does not include purchasing the restaurant or any land west of Indian River Drive. Purchasing this lot would put the City in the marina business. In a cursory study, any ownership of this marina would not return the City's investment. At full capacity of the marina, potentially returns two-thirds of an annual payment. However, revenue from current marina sales would only be about 20% of an annual payment. Please note that these statistics are considering a 15-year note at 5%. The annual rental income would be enough to operate and maintain the marina. The owner has also stated that a financing package may be available to reduce borrowing costs. Also, if a cash deal were offered, the owner would consider reducing the asking price. PELICAN PUB Pelican Pub offers some intangible qualities being located next to the Main Street boat ramp and having additional water front parking. The asking price has ranged around the $1 million level. There was a buyer for this parcel, but the sale, to my knowledge, did not close. ~1 j ~% 1301 US HIGHWAY 1 While not on the riverfront, owning this small parcel would provide redevelopment opportunity for the US 1/Main Street intersection. Clearing this parcel for beautification and green space would complement the Indian River Drive/Main Street project and help correct one of the most dangerous intersection in the County. A recent conversation with the owner confirmed the same asking price at $800,000. He suggested he would slightly reduce this amount for the City, but did not seem willing to move enough to make the purchase worthwhile. PARADISE MARINA Purchasing Paradise Marina would be a similar situation to purchasing the Squid Lips Marina. It is not contiguous to any City parcel and would place the City in the marina business. Like the other marina, this purchase is probably not the best for the City. However, there is immediately adjacent residential parcel that could further expand this riverfront property. Asking price - $4.9 Million. FLAGSHIP MARIA This parcel, by far, offers the best qualities to the City. Its location is in the middle of City ownership and would unify the Riverfront Park from the City owned docks to the Yacht Club. Long term this property could provide additional boat parking or park area. Immediately the restaurant and marina could provide some revenue to offset purchasing debt. Asking price $4.5 million . ~9, \~.~ ~~ J ~, ~.r -) ~, _ _ ~ 1 -. -.V ~Y (\~zti •; ~aor~E o~ Pei: ;~v os~t~ AGF.NnA TRANSMITTAL Subject: Airport Lease Agreement with Agenda No. Q ~- ~ G&R Development Department Origi :Municipal Airport ~ J. Griffin / t~-,~ Ap oved bmittal by: Finance Director: Ken Kil ~~re City Clerk: Sally Maio ' City Attorney: Richard Stringer i r, ity Manager Date Submitted: July 1, 2008 For Agenda of: July 9, 2008 Exhibits: 1. Airport Aeronautical Lease Agreement (with construction); 2. G&R Develo ment Business Plan for a Condominium Han er Pro'ect at X26 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: 0 0 REQUIRED: 0 SUMMARY Sebastian Municipal Airport staff has received application from G&R Development to plan, build, and operate an aircraft hanger complex on the west side of Sebastian Municipal Airport. The developer, utilizing personal capital and private lenders, assumes the financial risk for this initiative. The City Of Sebastian's role will be as landlord, renting the land to the developer. The legal structure of the project will be: "Condominium Hangers." Exhibit 2 of this transmittal is the G&R Business Plan for this project. The business plan will show that this is a 3-phase project. Phase 1 will lease approximately 15,000 square feet of airport property. On that properly, G&R will construct four (4) hangers that are approximately 1,400 square feet each. Those Phase 1 hangers will be used as a base to attract sales of the remaining Phase 2 and 3 constructions. The property for Phase 2 and 3 will be on option to G&R for five (5) years. The approximate size of Phase 2 and 3 option property is 110,000 square feet. There is a contract stipulation that provides for the Sebastian Airport to provide certain infrastructure improvements to the subject property. Pending approval by council, the airport will provide a fire hydrant installation adjacent to the subject property. This issue is defined in section 1.3 Construction of Improvements by Landlord. The developer will provide all engineering and permitting for the fire hydrant. The airport would provide the material and installation for the hydrant. Estimated cost to the airport is approximately $12,000. Income to the airport, considering Phase 1 property and the option property, is $3,692 per year. Therefore, the airport would be cash neutral on the fire hydrant installation in 4.25 years. A major conservative assumption is that Phase 1 will be completed in one ~ ~~ year. Lease payments are to start when a certificate of occupancy is issued. Another conservative assumption is that the developers will not exercise the option on the remaining 110,000 square foot parcel within the 5-year window as stated in the option agreement. If the developers were to exercise the option on the Phase 2 and 3 property an additional $16,500 would be paid as rent and would therefore reduce the payback time on the fire hydrant installation. Below is a chart outlining the payback plan for the hydrant project: Year Expenditure Payback Remainder 1 $12,000 (est) -0- ($12,000) 2 -0- $3,692 ($8,308) 3 -0- $3,692 ($4,616) 4 -0- $3,692 ($924) 5 . -0- $3,692 $2,768 Further scrutiny of section 1.3 of the lease agreement will indicate that the city/airport will provide 500 cubic yards of fill dirt delivered to the Phase 1 site for construction improvements. In addition, the Lease Option Agreement (lease page 27) also provides for the city/airport to provide 4,000 cubic yards of fill dirt for construction improvements regarding Phase 3. That city/airport obligation would only be available if there was sufficient fill dirt supply in the city fill dirt stockpile. RECOMMENDED ACTION 1. Approve Airport Lease Agreement with G&R Development. 2. Approve Lease Option Agreement (Exhibit "D") with G&R Development. 9z\ ~.1 is .'r 7~S.c .~. r::::7 r c_t,?:'r ~'- . ~.rt 5.~.~r;7 c t ~.-Y? i4,. r(?r t r r ,. <i'7 i AIRPORT AERONAUTICAL LEASE ARGREEMENT Phase I (WITH CONSTRUCTION) Between The City of Sebastian, Florida And G and R Development LLC C% 1 :~ ? c .-'?~... ~7, ,<<. _ u;i!'! :.Ct.+);Cifl7 i.~.~ t.. ., .4,it. .<Y?F iPt t! ~. f?;rii t . c.+;4j TABLE OF CONTENTS GENERAL PROVISIONS ..................................................................................................1 1. ARTICLE I -PREMISES 1.1. Condition of premises ..........................................................................................2 1.2. Construction of Improvements by Tenant ...........................................................2 1.3. Construction of Improvements by Landlord ........................................2 1.4. Quiet Enjoyment ..................................................................................................3 1.5. Permitted Uses .....................................................................................................3 1.6. Signage ................................................................................................................3 2. ARTICLE II -TERM OF LEASE 2.1. Construction Term ..............................................................................................3 2.2. Commencement Date ...........................................................................................3 2.3. 3. ARTICLE III -OPTIONAL EXTENSION 3.1. Tenant Options .....................................................................................................3 3.2. Landlord Options .................................................................................................4 3.3. Automatic Increases during Renewed Lease Term .............................................4 4. ARTICLE IV -RENT 4.1. Annual Rent .......................................... 4.2. Calculation of Annual Rent and Fees ... 4.3. Fair Market Value ................................ 4.4. Fuel Surcharge ...................................... 4.5. Sales Tax 68 4.6. Time of the Essence .............................. 4.7. Interest on Amounts Due ...................... ..........................................................4 ..........................................................5 ..........................................................5 ..........................................................5 ..............................................................5 ..............................................................5 5. ARTICLE V -IMPROVEMENTS TO THE PREMISES 5.1. Construction Risks ...............................................................................................5 5.2. Confirmation of Ownership .................................................................................5 6. ARTICLE VI -REPAIRS AND ALTERATIONS ....................................................5 7. ARTICLE VII -UTILITIES .......................................................................................6 8. ARTICLE VIII -TAXES 8.1. Property Taxes and Assessment ..........................................................................6 8.2. Partial Year .........................................................................................................6 8.3. Delayed Payment ................................................................................................6 ~, ~~~ ii ,l,? <.~?.^+.,, ~ ,C?3 pt,rtt,•j ..r, r:.,"!.. ~.r. ~~.,. i:,f'~'c'r ti t'iY r t :~ci ,.,., 8.4. Payment of Sales Tax .......................................................................................... 7 9. ARTICLE IX -INSURANCE 9.1. Hazard Insurance ................................................................................................ 7 9.2. Liability Insurance .............................................................................................. 7 9.3. Sovereign Immunity ............................................................................................ 8 9.4. Workers' Compensation ..................................................................................... 8 9.5. Certificates of Insurance ..................................................................................... 8 9.6. Umbrella and Blanket Insurance ......................................................................... 8 10. ARTICLE X -DESTRUCTION OF IMPROVEMENTS 10.1. Partial Destruction .............................................................................................. 8 10.2. Total Destruction ................................................................................................ 9 11. ARTI CLE XI -INDEMNIFICATION ....................................................................... 10 12. ARTI CLE XII -ENVIRONMENTAL MATTERS 12.1. Compliance ......................................................................................................... 11 12.2. Use Limitations ................................................................................................... 11 12.3. Audit by Landlord ............................................................................................... 11 12.4. Final Audit .......................................................................................................... 11 12.5. Presumptions ....................................................................................................... 11 12.6. Continuing Obligation ........................................................................................ 12 13. ARTICLE XIII -PREVENTION OF USE ................................................................ 12 14. ARTI CLE XIV -EMINENT DOMAIN 14.1. Effect Upon Term ...............................................................................................13 14.2. Temporary Takings .............................................................................................13 14.3. Option to Terminate ........................................................................................... .13 14.4. Reservation of Rights ......................................................................................... .13 15. ARTICLE XV -GOVERNMENT SEIZURE ........................................................... .13 16. ARTICLE XVI -LANDING FEES ............................................................................ .13 17. ARTICLE XVII -DEFAULT 17.1. Remedies for Default ......................................................................................... .14 17.2. Remedies Non-exclusive ................................................................................... .15 17.3. Waiver of Statutory Requirements ..................................................................... .15 17.4. Advances By Landlord ...................................................................................... .15 17.5. Non-Waiver By Landlord .................................................................................. .15 17.6. Landlord's Lien .................................................................................................. .16 iii ~j i ~ '......_r ~E,t_ ,_x~!7 18. ARTICLE XVIII LEASEHOLD ENCUMBRANCES 18.1. Mortgage Authorized ..........................................................................................16 18.2. Mortgagee's Rights .............................................................................................16 18.3. Additional Rights of Mortgagee .........................................................................17 19. ARTICLE XIX -NOTICES .........................................................................................18 20. ARTICLE XX -RIGHT TO INSPECT .......................................................................18 21. ARTICLE XXI -REMOVAL OF FIXTURES ..........................................................19 22. ARTICLE XXII -AIRPORT-RELATED RESTRICTIONS ...................................19 23. ARTICLE XXIII -NONDISCRIMINATION ...........................................................20 24. ARTICLE XXIV -ASSIGNMENT AND SUBLETTING ........................................20 25. ARTICLE XXV -MISCELLANEOUS 25.1. Binding Effect ....................... 25.2. Applicable Law/Venue ......... 25.3. Attorneys Fees ...................... 25.4. Identity of Interest ................. 25.5. Entire Agreement .................. Signature Page .................................. .........................................................................21 .........................................................................21 .........................................................................21 .........................................................................21 .........................................................................21 .........................................................................22 EXHIBIT "A" SURVEY AND LEGAL DESCRIPTION EXHIBIT "A-1" FINAL AS-BUILT SURVEY AND LEGAL DESCRIPTION EXHIBIT "B" TENANT'S IMPROVEMENTS EXHIBIT "C" LEASE EXTENSION AGREEMENT EXHIBIT "D" LEASE OPTION AGREEMENT EXHIBIT "F" INVESTMENT RATIO ~/'~ ;~ ~.<tSI.Q.h v<<ii5 ~.i-!777 ift,i7Cr7"t :~(( <. t~.-,.:fi.. ~ ,.. .t.e'<''i Sri.: .~r~l.d {.-.~74 i7t .(.,.F,'; ,• AIRPORT AERONAUTICAL LEASE AGREEMENT (WITH CONSTRUCTION) THIS LEASE, made and entered into this 15`" day of July 2008, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and G and R Development, LLC. (hereinafter referred to as the "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "Parties". This document contains 29 pages. WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River, Florida; and WHEREAS, said property constitutes a portion of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, Landlord desires to construct improvements upon said airport property designated for aeronautical use for the construction of Hangars for Aeronautical Activities and has developed design and engineering plans and specifications for the same; and WHEREAS, Tenant has expertise in developing and managing improvements of this nature, and proposes to undertake development of the Improvements on behalf of Landlord WHEREAS, the Tenant desires to provide Multiple Specialized Aeronautical Services at the Sebastian Municipal Airport and lease the said property from the Landlord, and compensate Landlord for transfer of the entrepreneurial opportunity provided by the Improvements; and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions, and to that end as set forth hereinafter; NOW, THEREFORE, in consideration of the premises and the mutual covenants, terms and conditions to be performed as set forth and hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the Parties have agreed as follows: ARTICLE I PREMISES Subject to the terms and conditions set forth in this Lease, Landlord hereby demises and leases to Tenant and Tenant hereby leases from Landlord, that certain land, and any buildings, structures, fixtures, fences, utility installations, parking facilities, landscaping and irrigation systems currently existing or hereafter located thereon at Sebastian Municipal Airport, as more particularly described on Exhibit "A" hereto ("Premises"). Tenant shall cause a survey to be undertaken at its expense ("Survey"). Upon completion of the Improvements, a final, as built survey and legal description will be attached, as Exhibit "A-1" to this Lease and the size of the Premises and Annual Rent will be adjusted if necessary. Tenant hereby leases the Premises subject to, and Tenant hereby agrees to comply with: (i) all applicable building codes, zoning regulations, and municipal, county, ',% Sc!<.-'<7:.+"}r ~t~,'.:.'?l .r, ,E ~-7;LiYI ... .. t;l~~?:.rt .+f L.'..r. 4£,,c E' t. 17a ra'; fl (.~+%77Sit CZe<!'ji state and federal laws, ordinances and regulations governing or regulating the Premises or its uses, (ii) all covenants, easements and restrictions of record, (iii) the Rules and Regulations of Sebastian Municipal Airport, as the same may be amended from time to time ("Airport Rules"), (iv) the Minimum Standards for Aeronautical Services for the Sebastian Municipal Airport as the same may be amended from time to time ("Minimum Standards"), (v) the Development Standards for the Sebastian Municipal Airport as the same may be amended from time to time, and (vi) the Sebastian Municipal Airport's current FAA-approved Airport Layout Plan, as the same may be amended from time to time (the `.`Airport Layout Plan"). 1.1 Condition of Premises. Except as agreed to in Paragraph 1.3 herein, Tenant accepts the Premises "AS-IS". Tenant acknowledges that Landlord has made no representations or warranties relating to the suitability of the Premises for any particular use, other than for the purpose of constructing Hangars for Multiple Specialized Aeronautical Services and unless otherwise expressly provided in this Lease, Landlord shall have no obligation whatsoever to repair, maintain, renovate or otherwise incur any cost or expense with respect to the Premises. (a) Tenant shall not permit any unlawful nuisance, waste or injury on the Premises. Tenant agrees to surrender the Premises upon the expiration of this Lease, or earlier termination hereof in a condition substantially similar to the condition of the Premises on the Commencement Date together with improvements placed thereon, ordinary wear and tear excepted. (b) Tenant shall have the right to terminate this Lease within ninety (90) days from the Effective Date of this Lease if Tenant is unable to obtain (i) a title insurance policy due to outstanding liens and/or encumbrances on the Premises (the reverter rights of the federal government under the original deed to the City of Sebastian excepted), (ii) a successful Phase I Environmental Survey and, (iii) a building permit for the improvements. 1.2 Construction of Improvements by Tenant. Tenant shall have sole responsibility for construction of the improvements on the Premises, described in Exhibit "B" hereto, hereinafter called the "Improvements" on or before one year after the Effective Date. Any construction by Tenant on the Premises shall be in accordance with local building codes and shall also be governed by Exhibit "B" hereto, which is incorporated herein by reference. 1.3 Construction of Improvements by Landlord. Landlord, at its own cost, agrees to provide the following no later than the Commencement Date or when required by the permitting authorities.: (a) Right of way from gate #8 to the premises. (b) Potable waterlines (including for fire hydrant) and electricity up to the right- of-way adjacent to the Premises, except engineering and permitting by Tenant. (c) Access to on-site airport drainage and/or retention areas (d) If required, up to five hundred cubic yards of fill delivered to the site for Tenant to incorporate into the Improvements (e) If necessary, remove any threatened, endangered and or "species of special concern," such as gopher tortoises, and any other species classified by Government or permitting agencies and any similarly classified vegetation from the premises. ~i 2 ~f- f't'i::%:.iY;' :~ic•,irl~:it?i.c.r7 f,('L?, ?rt i?t'1 ?:::r~l ?.S't', tf: ,,t.,'1 1.4 Quiet Enjoyment. Landlord agrees that, subject to Tenant's performance of the terms and conditions of this Lease, Tenant shall peaceably and quietly have, hold and enjoy the Premises in accordance with the terms and conditions of this Lease. 1.5 Permitted uses. The Tenant agrees that the Premises shall be used exclusively for the purposes of Multiple Specialized Aeronautical Services and related functions in accordance with the Minimum Standards. Any use of the Premises other than those specifically stated above are expressly prohibited without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. All aeronautical businesses and activities must be certified and licensed by the FAA in the appropriate categories of their specific operation and shall be in compliance with the Airport Rules and Minimum Standards. The Tenant agrees that no use of the Premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the Premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the Premises. 1.6 Si na e. The Tenant shall have the right to erect and maintain such sign or signs on the Premises as may be permitted by applicable law and the Development Standards; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. ARTICLE II TERM OF LEASE The Effective Date of this Lease Agreement is as first set forth above in the Preamble. However, the initial Term of the Leasehold hereunder shall include the Construction Term as defined below and shall continue to run for a period of thirty (30) years from the Commencement Date as defined below, unless sooner terminated in accordance with the terms and provisions hereof. 2.1 Construction Term. The Construction Term of this Lease is defined as the period beginning on the Effective Date and ending immediately prior to the Commencement Date. 2.2 Commencement Date. The Commencement Date of this Lease is defined as the period beginning on the earlier of (i) the date the Tenant receives a Certificate of Occupancy for Hangars for Multiple Specialized Aeronautical Service on the Premises, or (ii) One year after the Effective Date. ARTICLE III OPTIONAL EXTENSION In the Twenty-Fifth (25) year of the Term and in accordance with Paragraph 4.3, a separate appraisal of the Premises, including all Improvements thereon shall be performed by a qualified appraiser selected by the Landlord. 3.1 Tenant Options. Within fifteen (15) days after delivery of this appraisal to Tenant, Tenant may exercise options A, B, or C, as outlined below: (a) Accept the Annual Rent valuation therein and offer in writing to enter a nonrenewable lease extension agreement for up to ten (10) additional years 3 ~j ~ ? <, : f,,.?:r r „ ~ , -trY7t?N? tCl ~.e <.t i<r'e i' 'N!. i-;td (_Or2 t'ft C ~.,r ,. beginning at the end of the Thirty (30) year Term. This extension, herein referred to as the Renewed Lease Term, shall be in accordance with all provisions herein, except applying a new base Annual Rent amount equal to twelve percent (12%) of the value established in said appraisal in lieu of paying the previous Lease's Annual Rent. This Extension Agreement shall be substantially in the form attached hereto as Exhibit "C". (b) Tenant is unsatisfied with the twenty-fifth year Annual Rent valuation, it may give notice of its intent to commission a second appraisal by a certified real estate appraiser to be completed within forty-five (45) days. i. If said appraisal results in a valuation of the Premises and Improvements within ten percent (10%) of the initial appraisal, the figures shall be averaged. ii. If a disparity of greater than ten percent (10%) results, the respective appraisers shall confer and attempt to negotiate a compromise valuation. iii. If no compromise results, said appraisers shall jointly submit the name of a qualified appraiser to the parties who shall then jointly commission a third appraisal. Said appraisal value will be used to establish the rental amount if . it falls between the values of the first two appraisals. If the value thereof falls outside the range of the first two appraisals, the relevant value shall be derived from averaging the three appraisals. Within thirty (30) days of establishment of a rental value as set forth above, Tenant may exercise either option contained in subparagraphs A and B hereof. (c) Tenant also has the option to give notice of its intent to allow the lease to expire at the end of the thirty-year term. 3.2 Landlord Options. If Landlord does not accept Tenant's offer to enter into a Renewed Lease Term, the lease shall expire at the end of the thirty-year term, but the Annual Rent for the final three (3) years of the lease shall be waived as additional consideration to Tenant for relinquishing ownership of all site improvements thereafter. 3.3 Automatic Adjustments during .Renewed Lease Term. During the Renewed Lease Term, on each anniversary of the Commencement Date, this Annual Rent shall be adjusted by the Core U.S. Consumer Price Index as published in the Wall Street Journal or equivalent publication. ARTICLE IV RENT The parties agree that the Annual Rent payable by the Tenant during the Term of this Lease shall be as follows: 4.1 Annual Rent. Tenant shall pay to the Landlord Annual Rent for the Premises (hereinafter referred to as the "Annual Rent") for each twelve (12) month period or portion thereof during the Initial Term and any Extension Term of this Lease, beginning with the Commencement Date, in the amount detailed below, which Annual Rent shall be thereafter payable on a quarterly basis on or before the first day of each third calendar month (or partial calendar month) thereafter, in amounts equal to one-fourth (1/4) of the Annual Rent then due, plus any sales or Annual Rent taxes ~~~ , 4 ~ s :r....rrr 1 ......,. - , ..! .1. .. i:7 ~.r...rr..~L=r; .c :: Y,,:.f?T.i t71 ~:z.:'. z~.=~Pr r.tl. ,n'ilr~ ~i~itEe r!r U:~` due on that installment, in advance, in lawful money of the United States, without deduction or set-off, at the Finance Department office of the Landlord. Annual Rent for a partial month during the Term of this Lease shall be prorated based on the number of days in such month. 4.2 Calculation of Annual Rent and Fees. Beginning with the Commencement Date, Annual Rent shall be paid in the amount equal to fifteen cents (15¢) per square foot (s.f.) for the Premises. Until completion of the required as-built survey, the Annual Rent shall be based upon a 0.344 acre parcel 0.344 acres x 43,560 s.f. = 15,000 s.£) and adjustments shall be made following receipt of the survey to reconcile previously paid Annual Rent with the exact land area. Each year on the anniversary of the Commencement Date, the Annual Rent shall be adjusted by the Core U.S. Consumer Price Index as published in the Wall Street Journal or equivalent publication. 4.3 Fuel Surcharge. Not applicable. 4.4 Sales Tax. Tenant shall pay Florida sales tax on Annual Rent, if applicable. 4.5 Time of the Essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. 4.6 Interest on Amounts Due. Any installment of Annual Rent, Rent, or other amounts due from Tenant under this Lease, that is not received within ten (10) business days after it is due, shall bear interest from the date when the same was due until paid by Tenant at the interest rate of eighteen percent (18%) per annum. ARTICLE V IMPROVEMENTS TO THE PREMISES 5.1 Construction Risks. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such buildings or structures. 5.2 Confirmation of Ownership. At the end of the Term or earlier termination of this Lease, for any reason, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said Improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. ARTICLE VI REPAIRS AND ALTERATIONS The Landlord shall not be obligated to maintain or repair the Premises or any improvements located thereon or any part thereof during the Term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the Improvements, (except for the electronic AOA Access Gate leading to the Premises, which will be maintained by Landlord.) including, but not limited to, buildings (and all parts thereof) and the parking and service areas located on the Premises in a good state of maintenance and repair and to keep the Premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to the Sebastian Land Development Code, the Development Standards, the Minimum Standards, the Airport 5 0~ ~.!... ?,,.:1 t.: r',.-:: ri ,. ..r :'(c.t t. r; (:.i. r.~,., ... £ i rc.t :f., . i., i. ,.. Rules, and all other applicable community standards and/or ordinances. It is an express condition of this Lease that the Premises be kept in an attractive and clean manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may not be unreasonably withheld, the Tenant, at its sole cost and expense, may erect such additional improvements on the Premises as it deems appropriate and may make such alterations or major renovations to the then existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. ARTICLE VII UTILITIES The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service, refuse storage and removal, or any other utility or service consumed in connection with the Premises. The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. ARTICLE VIII TAXES 8.1 Property Taxes and Assessment. The Tenant shall pay when due during the Term all ad valorem taxes (if applicable), assessments (including, without limitation, storm water utility charges) or any other governmental charge levied or assessed against the Premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes (if applicable) assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the Premises, owned by the Tenant. All shall be paid by the Tenant on a timely basis and receipts therefore shall be provided to the Landlord upon request. 8.2 Partial Year. If the Term of this Lease expires or is earlier terminated prior to the close of the tax year for which any such tax is payable, or if the Term of this Lease commences on a date other than the first day of such tax year, Tenant shall be responsible for paying a percentage of the tax calculated by dividing the number of days that this Lease was in effect during such tax year by the total number of days that the Premises was leased to Tenant (excluding any Tenant engaging in a use of the Premises which results in the Premises being exempt from taxation) during such tax year. If this Lease is in effect for a period less than any entire period for which an assessment other than a tax is imposed, Tenant shall pay a percentage of the assessment calculated by dividing the number of days this Lease was in effect during that assessment period by the total number of days in the assessment period. 8.3 Delayed Pam In the event Tenant fails to pay such taxes and assessments when due, Tenant shall be obligated to pay all resulting interest and penalties on such delinquent taxes and assessments. Tenant may exercise any rights provided by law to ~oz .) ?.:....r,._.. 1..,.r.. rt: t. .ti `r?<iI"/ .•.( .>7;.Lif?i.. ut ?:.: Cl: I~„'<. ) .,E.~ r( t: +t:c; ?f... r. L:t-.' contest or pay under protest any taxes and shall not thereby be deemed in default under this Lease, provided that such contest or payment under protest does not result in the imposition of a lien for delinquent taxes on the Premises or any Improvements, and Tenant promptly pays all taxes and assessments (and any interest and penalties with respect thereto) ultimately determined to be due. No provision of this Lease shall be construed as a release or waiver on the part of Landlord of the right to assess, levy or collect any license, personal property, intangible, occupation or other tax which they, or either of them, may lawfully assess, levy or collect on the business or property of Tenant. Tenant's obligations under this Article shall survive the expiration or earlier termination of the Term of this Lease. 8.4 Payment of Sales Tax. Tenant shall be liable, at its sole expense, for any sales, use or similar taxes with respect to all Annual Rent, Rent, and other payments made by Tenant pursuant to this Lease, which are subject to such taxes. Tenant shall indemnify, defend and hold Landlord completely harmless from and against any liability, including any interest and penalties, which might arise in connection with Tenant's failure to timely remit any such taxes. ARTICLE IX INSURANCE Tenant must provide insurance coverage meeting or exceeding the requirements herein. 9.1 Hazard Insurance. Tenant shall at its sole expense, obtain and maintain throughout the Term of this Lease, property insurance on and for all Improvements, equipment, furnishings and other personal property now or hereafter erected, installed or used at the Premises, on a not less than eighty percent (80%) of replacement cost basis, for the benefit of Landlord and Tenant as their interests may appear, with such coverage, in such form, and with such company or companies as Landlord shall approve in writing, which approval will not be unreasonably withheld, including coverage for damage by fire, the elements or other casualty with standard extended endorsements. Tenant, on behalf of itself and its insurance carriers, hereby waives any and all rights of recovery which it may have against Landlord or any other party who it is required to indemnify in accordance with the provisions of this Lease, for any loss of or damage to property it may suffer as a result of any fire or other peril insured under an insurance policy which it is required to obtain hereunder. 9.2 Liability Insurance. Tenant shall, at its sole expense, obtain and maintain throughout the Term of this Lease, automobile liability insurance on all automobiles used in connection with its operations at the Premises, environmental contamination remediation coverage, and airport/commercial general liability insurance protecting the Landlord and Tenant (including, without limitation, all members of the governing board of Landlord), officers, agents and employees of each, from and against any and all liabilities arising out of or relating to Tenant's Permitted Uses, or the conduct of its operations on the Premises, in the amount of not less than $2 million, except.for the environmental remediation coverage which shall be on a "claims made" basis and be in an amount of not less than $1 million per loss and $2 million for all losses (or such greater amount as may be maintained by Tenant from time to time) per occurrence, in such form, and with such company or companies as Landlord shall approve in ~~3 ,~. ~, .....,.7,2 'd {.,, )i! !f[ :~iir:`1lij'4 :~.t r~~.i;zr . <u ..-Ci: :'t PPNt ,., uE':r t i. "il R.Si ft n.• writing, which approval shall not be unreasonably withheld. Such insurance shall include contractual liability coverage for Tenant's covenants to indemnify the Landlord and the other parties as required under this Lease and shall provide that it is primary insurance as respects any other valid and collectible insurance the Landlord or any of the other additional insured may possess, including any self-insured retention or deductible any of them may have, and that any other insurance carried by any of them shall be considered excess insurance only. 9.3 Sovereign Immunity. The coverage limits of Paragraph 9.2 shall be adjusted proportionally to any increases in the limits of the sovereign immunity waivers provided Landlord under law; however, nothing in this paragraph shall be construed as a waiver by Landlord of the protections of sovereign immunity. 9.4 Workers' Compensation. Tenant shall keep in force, at its sole expense, workers' compensation or similar insurance affording the required statutory coverage and requisite statutory limits. Tenant shall also maintain throughout the term of this Lease employer's liability insurance with limits of liability of not less than $500,000 for each of the "each accident," "disease policy limit," and "disease each employee coverage," or a self insured program with comparable coverage. Such workers' compensation and employer's liability insurance or self-insured program shall contain a waiver of any right of subrogation against Landlord. 9.5 Certificates of Insurance. Within thirty (30) days after the Commencement Date, of this Lease, and within thirty (30) days after the expiration of any policy or policies provided by Tenant hereunder, Tenant shall furnish an original certificate of insurance to Landlord evidencing such coverage, naming the Landlord as an additional insured under the policies required by this Article, and confirming that the policy or policies will not be canceled or modified nor the limits there under decreased without thirty (30) days' prior written notice thereof to Landlord. Tenant shall also provide Landlord with copies of endorsements and other evidence of the coverage set forth in the certificate of insurance as Landlord reasonably may request. If Tenant fails to comply with the terms of this Article, Landlord shall have the right, but not the obligation, to cause insurance as referenced herein to be issued, and in such event Tenant shall pay the premium for such insurance upon Landlord's demand. Landlord shall have the right, exercisable on ninety (90) days prior written notice to Tenant, to require Tenant, from time to time to reasonably increase the monetary limits or coverage provided by such policy or policies. 9.6 Umbrella and Blanket Insurance Any such insurance may be maintained by means of a policy or policies of blanket insurance covering additional items or locations or insured's and/or umbrella insurance. ARTICLE X DESTRUCTION OF IMPROVEMENTS Damage to the Improvements by fire or other casualty shall not cause an abatement of Tenant's obligation to pay pro-rated Annual Rent to Landlord, or to make any other payments required to be made by Tenant under this Lease, except as follows: 10.1 Partial Destruction. In the event that less than eighty percent (80%) (based on square footage) of the principle building/improvements at the Premises is damaged or ~/ 8 .fit tw_a..:. rr .vt, y-; r.~ `l itit -i{ri%(rr•t ;~tt t CY,.,:itif <!f 2:1: t r4'~"P E'tia r - ..:-t7 1. ;rr sir t , r. /;tl destroyed by fire or other casualty, the provisions of this paragraph shall apply. (a) Tenant shall give prompt written notice thereof to Landlord, and Tenant, at its own expense, shall promptly repair, replace and rebuild the same, at least to the same extent as to the value and as nearly as practical to the character of the Improvements existing immediately prior to such time. (b) Upon receipt by Tenant and the Landlord of the proceeds of any property or builder's risk insurance policy or policies, Tenant and the Landlord shall deposit same in an interest-bearing escrow account to pay for the cost of such repair, replacement and rebuilding. Tenant shall receive and hold such proceeds (and any interest earned thereon) in trust for such work, and Tenant shall distribute such proceeds (and any interest earned thereon during construction) solely to pay the cost of such work. If the amount of such insurance proceeds (together with the interest earned thereon) is insufficient to pay the costs of the necessary repair, replacement or rebuilding of such damaged improvements, Tenant shall pay any additional sums required, and if the amount of such insurance proceeds (together with the interest earned thereon) is in excess of the costs thereof; the amount of such excess shall be retained by Tenant. (c) During such period of partial destruction, the Tenant obligations for Annual Rent and other payments, shall be partially abated based upon a fair and reasonable prorated basis, comparing the percentage of destruction to the total square footage of the Improvements. 10.2 Total Destruction. In the event more than eighty percent (80%) of the principal improvement erected on the Premises is destroyed by fire or other casualty, the Tenant, at its option, may cause said improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord shall proportionally abate the Tenant's Annual Rent during this time for replacement or repair. (a) In the event the Tenant elects to repair and/or replace the building and other improvements on the Premises, the provisions of Paragraph 10.1(b) shall apply. (b) If the Tenant, at its option, elects not to repair and/or replace the building and improvements upon the Premises, the Tenant shall, at its sole expense, remove all remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting there from and properly dispose of such debris in accordance with all applicable laws and/or regulations. Thereafter, the Lease shall be terminated and the Tenant and Landlord shall share the remaining insurance proceeds according to the following process: i. Any outstanding mortgages encumbering Tenant's leasehold interest in and occasioned by construction of said improvements shall be paid through the insurance proceeds. Any and all dollars left after repayment of mortgages shall herein be referred to as Remaining Proceeds. ii. An Investment Ratio shall be determined by dividing the Tenant's total contribution (including the unamortized mortgage amount for the construction of such improvements) by the total cost of Improvements {FOR EXAMPLE: if total Tenant contribution is $800, 000 and total 9 /~~ ~ i. Cr.4, ~<.: f. "i.fY:r(:: r r .( '7 riff. ~ [ + ,, y . iFt. r;?7 t<ri ~...: t t£J 2'£'if1Cf ~ ?a;Ifu ~~. f;F7cfJ [r. .i. ifi project cost is $1, 600, 000, then the Investment Ratio would be . 50 or SO%}. This Investment Ratio shall be calculated by Tenant, utilizing the method shown, within sixty (60) days after completion of such improvements and will be attached hereto as Exhibit "F". iii. A Prorated Rate shall be determined by dividing the number of years remaining on the Lease by Thirty (30). {FOR EXAMPLE.• if there are 20. S years remaining on the lease, then the Prorated Rate will be .683 or 68.3 %}. iv. The Remaining Proceeds shall be multiplied by both the Investment Ratio and the Prorated Rate. This amount shall be paid to the Tenant. The balance of the Remaining Proceeds shall be paid to the Landlord. {FOR EXAMPLE: Remaining Proceeds ($1, 000, 000) x Investment Ratio (.5) x Prorated Rate (.683) _ $341,500 paid'to Tenant and $658, S00 paid to Landlord}. ARTICLE XI INDEMNIFICATION Tenant shall indemnify, defend and hold completely harmless Landlord and, from and against any and all liabilities (including, but not limited to, liability with respect to any Hazardous Substances and liability under the Comprehensive Environmental Response, Compensation and Liability Act, as it may be amended from time to time {"CERCLA"}, and any other Environmental Law), losses, suits, claims, demands, judgments, fines, damages, penalties, costs and expenses (including all costs for investigation and defense thereof, including but not limited to court costs, reasonable expert fees and reasonable attorneys' fees and costs, including fees and charges for the services of paralegals or other personnel working under the supervision of such attorneys {"Attorneys' Fees"}) which may be incurred by, charged to or recovered from any of the foregoing: (i) by reason or on account of damage to or destruction of any property of Landlord, or any property of, injury to or death to any person resulting from or arising out of the use, occupancy or maintenance of the Premises or any Improvements, or the Tenant's operations thereon, or the acts or omissions of Tenant's officers, employees, agents, contractors, subcontractors, licensees or invitees, regardless of where the damage, destruction, injury or death occurred, except to the extent that such liability, loss, suit, claim, demand, judgment, fine, damage, penalty, cost or expense was proximately caused by the person to be indemnified hereunder, (ii) arising out of the failure of Tenant to keep, observe or perform any of the covenants or agreements in this Lease to be kept, observed or performed by Tenant, or (iii) imposed on or assessed against the Landlord by reason of or arising out of any act or omission on the part of Tenant, any subTenant or any other person acting by, through or for Tenant or any subTenant of Tenant. Landlord agrees to give Tenant reasonable notice of any suit or claim for which indemnification will be sought by it hereunder, to allow Tenant or its insurer to compromise and defend the same to the extent of its interest and to reasonably cooperate with the defense of any such suit or claim. In carrying out its obligations hereunder, Tenant shall use counsel reasonably acceptable to the Landlord. The provisions of this Article shall survive the expiration or earlier termination of this Lease with respect to any acts or omissions occurring during /nb 10 ~. < ... ...r'1 L,('r, r a ~'e•j'H ir'j a 1 i ?; r:e.i. a .rt t ,..a. < i rel. . ' ~. ( t '1.4'r { rr1 .. the term of this Lease. ARTICLE XII ENVIRONMENTAL MATTERS 12.1 Compliance. Tenant shall comply with all "Environmental Laws", which are defined as all applicable federal, state and local statutes, laws, ordinances, regulations, administrative rulings, orders and requirements pertaining to the protection of the environment, including but not limited to, the Landlord's rules and regulations, and including, but not limited to those regulating the use, storage, handling and disposal of any contaminant, toxic or hazardous waste, or any other substance the removal of which is required or the use of which is restricted, prohibited or penalized under any federal, state or local statute, law, ordinance, regulation, rule or judicial or administrative order with respect to environmental conditions, health, or safety, including, without limitation, asbestos or petroleum products ("Hazardous Substances") and storm water pollution prevention. 12.2 Use Limitations. Further, during the Term of this Lease, neither Tenant nor any agent or party acting at the direction or with the consent of Tenant shall use, store, handle or dispose of by any means any Hazardous Substances at the Premises, except that Tenant shall be entitled to use Hazardous Substances of the type and in the quantities typically used by companies performing Hangar for Multiple Specialized Aeronautical Service in accordance with all applicable Environmental Laws. 12.3 Audit by Landlord. Upon reasonable notice to Tenant, the Landlord may conduct or cause to be conducted through a third party that it selects, an environmental audit or other investigation of Tenant's operations to determine whether Tenant has breached its obligations under subparagraph 12.1 above. Landlord shall pay all costs associated with said investigation and if such investigation shall disclose any such breach by Tenant, and shall immediately remediate any contamination resulting from the same. 12.4 Final Audit. Within thirty (30) days prior to the expiration or termination of this Lease, Tenant shall commence a Phase I Environmental Assessment ("Phase I-EA") in accordance with ASTM Standard ASTM E-1527, or such other commonly recognized standard as may be in effect at that time, on the Premises. If the Phase I- EA reveals any areas of environmental concern that, in the Landlord's reasonable discretion, warrant further investigation, Tenant shall commence an appropriate Phase II Environmental Assessment ("Phase II-EA") including sampling and analysis of soil and groundwater necessary to determine whether or not contamination has occurred. Copies of the EAs shall be provided to the Landlord upon completion and shall be certified to be for the benefit of the Landlord by the envirorunental consultant performing the EA. Tenant shall promptly undertake and pursue diligently to completion any remedial measures .indicated by the above- described environmental assessments. 12.5 Presumptions. Notwithstanding any other provision hereof Tenant does not undertake any obligation to remediate, or to take any other action with respect to any environmental condition not attributable to actions at the Premises (or 11 .~~ ~ :~.!<.<~,~:~ t.,L';-C? ( :a"?%"Tr` ,$1!c'},,:~(fL. Ui ~ri.e E£, s't:'<"+t -~.r ,-.; ,'I €.a;x e;. ~ e(i,;: elsewhere at the Airport) by Tenant, its officers, employees, agents, contractors, subcontractors, licensees or invitees. After construction commences, the presence of any Hazardous Material on the Premises shall raise the rebuttable presumption that Tenant is the cause of such presence and any flumes emanating from the Premises. 12.6 Continuing Obli ation. The provisions of this Article shall survive the expiration or earlier termination of the Term of this Agreement. ARTICLE XIII PREVENTION OF USE If, after the effective date of this Lease, the Tenant is precluded or prevented from using the Premises for those primary purposes identified in Article IV of this Lease, by reason of any zoning law, ordinance or regulation of Landlord or others having jurisdiction over the Premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Tenant may terminate this Lease by giving Landlord fifteen (15) days notice in writing, in addition to any other remedies available to Tenant applicable by law. ARTICLE XIV EMINENT DOMAIN If all of the Premises shall be taken under a power of eminent domain by another governmental agency, all of the compensation or proceeds awarded for the taking of the land, building and/or improvements on the Premises shall be divided amongst the Landlord and Tenant according to the following process: a Any outstanding mortgages encumbering Tenant's leasehold interest in and occasioned by construction of said improvements shall be paid in full through such award. Any and all dollars left after repayment of mortgages shall herein be referred to as Remaining Proceeds. b As listed above, in Paragraph 10.2, an Investment Ratio shall be determined by dividing the Tenant's total contribution (including the unamortized mortgage amount for the construction of such improvements) by the total cost of Improvements {FOR EXAMPLE: if total Tenant contribution is $800, 000 and total project cost is $1, 600, 000, then the Investment Ratio would be . 5 or SO%}. This Investment Ratio shall be calculated by Tenant, with method shown, within sixty (60) days after completion of such improvements and will be attached hereto as Exhibit "F". c The Remaining Proceeds shall be multiplied by the Investment Ratio. This amount shall be paid to the Tenant. The balance of the Remaining Proceeds shall be paid to the Landlord. {FOR EXAMPLE: Remaining Proceeds ($1, 000, 000) x Investment Ratio (. S) _ $500, 000 paid to Tenant and $500, 000 paid to Landlord}. It is understood and agreed that all condemnation proceeds for any Partial Taking of the Premises shall be held in trust and used for the repair and reconstruction of the Premises and replacement of the Improvements, with any portion of such proceeds not needed for such repair, reconstruction and replacement to be retained ~Q 6 12 :~tt;.-<j<u; it..~,. ,7 .,~ i.+%''='1'1 r_..:i7 tc~t r:. .... t .. ~<?;, { .:57 ~..."(i by Tenant. 14.1 Effect upon Term. Upon a Taking of the entire Premises, Tenant's interest in this Lease shall continue until the Taking is completed by deed, contract or final order of condemnation, unless otherwise specified by court order. If the Taking is of substantially all of the Premises, Tenant may, by notice to Landlord within ninety (90) days after Tenant receives notice of the Taking, elect to treat the taking in accordance with the preceding sentence. If Tenant does not so notify Landlord, this Lease shall remain in full force and effect covering the balance of the Premises not so taken, except that the Annual Rent payable hereunder by Tenant shall be equitably adjusted (a "Partial Taking"). 14.2 Temporary Takings. Upon any Taking of the temporary use of all or any part of the Premises or Improvements, or both, neither the Term nor the Annual Rent shall be reduced or affected in any way and Tenant shall be entitled to any award for the use or estate taken. 14.3 Option to Terminate. If either a temporary or partial taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the Premises, the Lease, at the option of either party, may be terminated. 14.4 Reservation of Rights. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning agency by reason of the exercise of the power of eminent domain, specifically including the right of Tenant to claim business damages. ARTICLE XV GOVERNMENT SEIZURE In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or restricts the use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease maybe extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, either party, at its sole discretion, may terminate this Lease. ARTICLE XVI LANDING FEES Tenant is specifically prohibited from charging Landing or any other type of runway use fees. Nothing in this Lease shall act to prohibit the Landlord from charging such fees, as it deems necessary or desirous. ARTICLE XVII DEFAULT The occurrence of any of the following shall constitute an event of default (an "Event of Default") by Tenant under this Lease: (i) the failure of Tenant to make any payment of Annual Rent, Rent, or any other payment required to be made by Tenant hereunder when due which failure is not remedied within thirty (30) days following receipt of written 13 /,~;s ~. 1 ~<....~Ifr tt.i;. :~ ~.rt ~"t"fig?'1 'Ett .lilt?t?c c(r ~, cr ~~, .'t'r.:c t, +E ttt. ~ i~"t~'t ?, .rC. notice from Landlord; (ii) the failure of Tenant to keep, observe or perform any other material covenant or agreement herein, and the continued failure to observe or perform any such covenant or agreement after a period of thirty (30) days after written demand; (iii) commencement by or against the Tenant of an insolvency or bankruptcy proceeding, including, without limitation, a proceeding for liquidation, reorganization or for the readjustment of its indebtedness, or the insolvency of the Tenant, or an assignment or arrangement for the benefit of its creditors or the appointment of a receiver, trustee or custodian, provided, however, that any of the foregoing set forth in this subsection which is commenced by a person other than Tenant shall not constitute an Event of Default if it is discharged within sixty (60) days following receipt of written notice from Landlord; or (iv) the placement of any lien upon the Premises or any Improvements (excluding liens for taxes which are not delinquent and Mortgages permitted hereunder) which is not discharged of record by payment or bond within thirty (30) days following receipt of written notice from Landlord. 17.1 Remedies for Default. Upon the occurrence of an Event of Default, the Landlord may in its sole discretion pursue any of the following remedies, or such other remedies as may be available to the Landlord at law or in equity: (a) Landlord may terminate the Lease and re-enter and repossess the Premises;'or (b) Landlord may, without terminating this Lease, terminate Tenant's right to possession of the Premises, retake possession of the Premises, and recover immediately from the Tenant damages calculated as follows: i. all unpaid Annual Rent and other payments due from Tenant that had been earned at the time of termination of Tenant's right to possession, together with, ii. the amount by which the unpaid Annual Rent and other payments due from Tenant, earned after the date of termination of Tenant's right to possession of the Premises until the time of award, exceeds the amount of the loss of Annual Rent and other payments due from Tenant that Landlord proves has been or could have reasonably been avoided. For purposes of the calculation of damages described above, and in subsection (c) below, payments other than Annual Rent due from Tenant after the termination of Tenant's right to possession of the Premises shall be based upon the average of such payments payable during the thirty-six (36) month period prior to the termination of possession (or, if shorter, the prior period of the Term of the Lease). Upon entry of judgment for such damages, as described above, this Lease shall be deemed to be terminated; or (c) Landlord may, without terminating this lease, terminate Tenant's right to possession of the Premises, retake possession of the Premises and re-let the Premises, or any part or parts thereof for the account of Tenant for a term which may, at Landlord's option, be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease. In such event Tenant shall pay to Landlord any deficiency between the Annual Rent and other charges herein reserved and the net amount of the rents and other charges collected on account of any other lease of the Premises for each month of the period that would otherwise have constituted the balance of the ~~ i 14 ~.?!?c~;,r,l. ~l~. i:. '7 f. ... r~..l. r~.~.Jf ../ <r:E ~z. .£. ., .. .. _ r, at nr;,c(r .c..-. ~1 Term of this Lease. Landlord may recover such deficiency from Tenant at the time each payment becomes due under the Lease. Irrespective of the exercise of either of the above-referenced options, Landlord shall have the right to recover all unpaid Annual Rent, Annual Rent and other payments earned by Landlord prior to the date of termination of possession or of the Lease, and all of Landlord's costs, charges and expenses, including reasonable Attorneys' Fees, incurred in connection with the recovery of sums due under this Lease, or due to the breach of any covenant or agreement of Tenant contained in this Lease, including any costs and expenses of re-letting the Premises, such as all necessary repairs and renovations, all brokerage fees and Attorneys' Fees. Landlord will have the right at any time following an Event of Default to elect to terminate the Lease. No action taken by Landlord pursuant to this Article shall be deemed to terminate this Lease unless written notice of termination is given by Landlord to Tenant. 17.2 Remedies Non-exclusive. The rights and remedies given to Landlord by this Lease shall not be exclusive, and in addition thereto, Landlord shall have such other rights and may pursue such other remedies as are provided by law or in equity. All such rights and remedies shall be deemed to be cumulative, and the exercise of one such right or remedy by Landlord shall not impair its standing to exercise any other right or remedy. 17.3 Waiver of Statutory Requirements. Tenant hereby expressly waives any notices of default not specifically provided for herein, including, without limitation, the notice requirements provided for in section 83.20, Florida Statutes, and all rights of redemption, if any, granted under present or future law in the event Tenant shall be evicted or dispossessed for any cause, or in the event Landlord shall obtain possession of the Premises by virtue of the provisions of this Agreement or otherwise. 17.4 Advances By Landlord. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of and the value thereof, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. If Landlord has paid any sums of money or incurred any obligation or expense for which Tenant is obligated to pay or reimburse Landlord, or if Landlord is required or elects to do so because of the failure of Tenant to perform any of the terms or conditions of this Lease, then the same shall be deemed Annual Rent and shall be paid to Landlord in accordance with Article III herein. 17.5 Non-Waiver By Landlord. No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease shall constitute a waiver of any subsequent breach of such covenant or condition or justify or authorize the non- observance on any other occasion of the same or of any other covenant or condition hereof. The acceptance of Annual Rent, Annual Rent or other payments from Tenant by Landlord at any time when Tenant is in default under this Lease shall not be construed as a waiver of such default or of Landlord's right to exercise any remedy arising out of such default, nor shall any waiver or indulgence granted by Landlord to Tenant be taken as an estoppel against Landlord, it being expressly understood that Landlord may at any time thereafter, if such default continues, exercise any such remedy in the manner hereinbefore provided or as otherwise 15 i~r :S.. .rc.,~`i d~:,..;: ~ r ~:i,ri rl.r c:Tt,:.<L•`rt rl:.. :7.> f,.^~~.. .!-... 1,V!!.I ~. i!'i,Si ,rt ~: iir< provided by law or in equity. 17.6 Landlord's Lien. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the Premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder, subject to any mortgages encumbering the Premises from the development of the Improvements. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from the Premises from the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the Premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. ARTICLE XVIII LEASEHOLD ENCUMBRANCES 18.1 Mortgage Authorized. Tenant may encumber only its leasehold estate by the execution and delivery of a Mortgage. Landlord's written consent is required before any mortgage, other than one for construction on the Premises, is made which encumbers said Leasehold estate. Landlord will not subordinate its interest in the Premises or in this Lease to any Mortgage. The Mortgagee of any such Mortgage may deliver to Landlord a written notice specifying (i) the amount of the obligation secured by the Mortgage and the date(s) of the maturity thereof; and (ii) the name and address of the Mortgagee. After receipt of such notice, Landlord shall serve such Mortgagee by certified or registered mail, at the latest address furnished by such Mortgagee, a copy of every notice of default or demand served by Landlord upon Tenant under the terms and provisions of this Lease so long as such Mortgage is in effect. In the event of any assignment of a Mortgage or in the event of a change of address of the Mortgagee or of an assignee of such Mortgage, notice of the new name and address shall be provided to Landlord. 18.2 Mortgagee's Rights. Upon receipt of a notice of default, Mortgagee shall have thirty (30) days after receipt of such notice within which, at Mortgagee's election, either: to cure the default if it can be cured by the payment or expenditure of money; to perform such other action as may be necessary to cure the default or if the default is not a default in the payment or expenditure of money and is curable but cannot be cured within thirty (30) days, to commence performance within such thirty (30) day period and thereafter diligently prosecute the same to completion, in which event the default will be deemed to have been cured. In the event it is necessary for Mortgagee to obtain possession of the Premises in order to cure a default, (~Z 16 :~.-t ,; ~r~~ilr ~<t.'l i;. <73Lit ~{i?'F'?_ii": ,-~ c1i,r:i't?.c ,.t ?i::i~ i<„r"l:'t't ~1, ,~:V ~; . (.l ~t;;l•( t.it,.,~i Mortgagee shall be deemed to have cured said default if it institutes foreclosure proceedings within such thirty (30) day period and completes such foreclosure proceedings or otherwise acquires Tenant's interest under this Lease with diligence and continuity and thereafter commences and diligently proceeds to cure such default; provided, however, that Mortgagee shall not be required to continue such possession or continue such foreclosure proceedings if the default which would have been the reason for serving a default notice shall be cured, and provided further, that nothing in this Article shall preclude Landlord from exercising any rights or remedies under this Lease with respect to any other default by the Tenant during any period of such forbearance. 18.3 Additional Rights of Mortgagee. In the event of foreclosure by any Mortgagee, the purchaser at the foreclosure sale or the Person acquiring Tenant's interest in lieu of foreclosure shall succeed to and be bound by all of Tenant's rights, interests, duties and obligations under this Lease. In the event that a Mortgagee shall become the owner or holder of the Tenant's interest by foreclosure of its Mortgage or by assignment of this Lease in lieu of foreclosure or otherwise, the term "Tenant", as used in this Lease, means only the owner or holder of the Tenant's interest for the time being so that, in the event of a sale, assignment or other disposition of the Tenant's interest in this Lease by the Mortgagee, the Mortgagee shall be entirely freed and relieved of all covenants and obligations of the Tenant under this Lease arising after the date of such sale, assignment or other disposition, and it shall be deemed and construed, without further agreement between Landlord and Mortgagee or between Landlord, Mortgagee and the Mortgagee's purchaser or assignee at any such sale or upon assignment of Tenant's interest, that the purchaser or assignee of Tenant's interest has assumed and agreed to carry out any and all covenants and obligations of Tenant. In the event of the termination of this Lease or of any extension of said Lease prior to its stated expiration date, or in the event of the termination of Tenant's right to possession of the Premises as a result of an event of default by Tenant hereunder, Landlord will enter into a new lease of the Premises with Mortgagee or, at the request of such Mortgagee, with a corporation which is wholly owned by such Mortgagee, for the remainder of the term effective on the date of such termination of this Lease (or termination of Tenant's right to possession of the Premises) at the Annual Rent and upon the covenants, agreements, terms, provisions and limitations contained in this Lease, provided that such Mortgagee makes written request and executes, acknowledges and delivers to Landlord such new lease within thirty (30) days from the date of such termination of this Lease (or termination of Tenant's right to possession of the Premises) and such written request and such new lease are accompanied by payment to Landlord of all amounts then due to Landlord, including Attorneys' Fees incurred by Landlord in connection with any such default and termination as well as in connection with the execution and delivery of such new lease. In addition, immediately upon execution of such new lease, Landlord shall execute, acknowledge and deliver to Mortgagee an assignment of all subleases covering the Premises which theretofore may have been assigned and transferred to Landlord and all subleases under which subTenants shall be required to attorn to Landlord pursuant to the terms and conditions of such subleases or this Lease. Such 17 ~_ ~~% :~, l , ...~'rt f ft r.,C,' r . ~.r'iriYC /!~- .?r~~A.i7 ...r i.£tt,~t f4?i `<~~'r.7~ l : .;'it r {'O.t,ejt -. d..:? assignment by Landlord shall be deemed to be without recourse as against Landlord. Reference in this Lease to a Mortgagee shall be deemed to refer, where circumstances require, to any assignee of a Mortgagee; provided that such assignee shall forward to the Landlord a duplicate original of the assignment of the Mortgage, together with a written notice setting forth the name and address of the assignee. ARTICLE XIX NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid or overnight/express delivery) to the other party at the address given below: Landlord: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Tenant: G and R Development LLC 3702 North Hwy AIA, #901 Ft. Pierce FL 34949-8552 provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. ARTICLE XX RIGHT TO INSPECT The Landlord may enter the Premises upon reasonable notice: (a) To inspect or protect the Premises or any Improvements located thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of Landlord or any lawful government agency having jurisdiction over the Premises or any business conducted therein; (c) To exhibit the Premises to any prospective purchaser or Tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason; or (d) To retrieve stored data from required security installments. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. /~~ ~8 S.' <.:=A=r .~~_.?,-< E ~ 1 ~r; _. ,. J ~~..'i ~~tt 1 <.,., i, ~ 'ft a ~ r: )4 .. ~. ARTICLE XXI REMOVAL OF FIXTURES At the expiration of the Lease, any and all trade equipment, signs and personal property, used by the Tenant in the operation of its business, on the Premises shall remain the Tenant's sole property and the Tenant shall have the right to remove the same provided any damages in removal are repaired by the Tenant at Tenant's sole cost. However, any such property remaining on the Premises more than sixty (60) days after said expiration shall be deemed the property of Landlord. Fixtures shall not be removed and are considered the property of Landlord. A fixture shall be defined as an article, which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and becoming incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non-fixtures personalty owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, it may remove all such personalty, provided the Tenant is not then in default of any covenant or condition of this Lease, otherwise all such property shall remain on the Premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the Premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at Tenant expense. ARTICLE XXII AIRPORT-RELATED RESTRICTIONS The Tenant acknowledges that the Landlord is required by law to operate under Federal Aviation Regulations, federal policies as promulgated by the FAA, and the FAA- approved Airport Layout Plan and the Tenant covenants that it will use the Premises consistent with said regulations, policies and the Airport Layout Plan. Landlord has directed the development plans for the Improvements and represents that they are consistent with the Airport Layout Plan and in compliance with the requests of all Federal, State, and Local rules and regulations. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the Premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the Premises that would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Tenant covenants and acknowledges that the use of the Premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in such 19 ,~ '~~ if, Y; c.,;irr%r i;-;~. ,,. ar.i<E, <.~:.ii it?'".': tuY :i, . f 1 }$t'r ., .,, airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. ARTICLE XXIII NONDISCRIMINATION The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the Premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". In the event of the breach of any of the above non-discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence corrective action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess the Premises. ARTICLE XXIV ASSIGNMENT AND SUBLETTING Tenant shall not assign this Lease or sublet the Premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord, which consent may not be unreasonably withheld. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease, unless otherwise provided for in Landlord's consent. ARTICLE XXV MISCELLANEOUS 25.1 Binding Effect. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. It is acknowledged that the validity of said Lease is subject to its approval by the Federal Aviation Administration. ~Ib 20 1. ~c.'t„'ih f lrtt:t;t~ 1,?a1'~;tYf ,Y,~.a.;.<<<r . t:.~ cz ~Yi7r. t., tr:'fr? ( rlt:c'fi r ,.61 25.2 Applicable Law/Venue. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. THE PARTIES HERETO SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH LEGAL PROCEEDING. 25.3 Attorneys Fees. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in the venue. 25.4 Identity of Interest. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and Tenant. Each party covenants and agrees that, except as elsewhere specifically provided for in this Lease, it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other party in and to the property covered by this Lease, and. that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the Premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof. 25.5 Entire Agreement. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the Premises, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 21 N~ ti. ~ , .. dart 'f. rtF<'i,~ ~ i?'r; t,v ,~. ,aS~r~ti., u, .~.,. .< cx, .. A.L. f}P;Ir. C ,r'i.:Sl~ -<<:r„ IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: CITY OF SEBASTIAN A Municipal Corporation City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney G & R Development LLC By: City Manager By: G and R Development LLC Authorized Representative Exhibits Attached: Exhibit A: Survey and Legal Description Exhibit A-1: Final As-Built Survey and Legal Description Exhibit B: Tenant's Improvements Exhibit C: Lease Extension Agreement Exhibit D: Lease Option Agreement Exhibit F: Investment /f ~ // 22 Ratio ~t 1 , ,.<~,.' t E...... 7t ~ /.'t^1 it•( : is ,r3': ~..,t: c,?. .t,.. .... c, i4.+i.'t t. .. .i'i: {.t: ~.4'r` ~ .r. t-.. Exhibit "A" SURVEY AND LEGAL DESCRIPTION TBD 23 ~ ~i. ~r. .. i:~r, .. .. .7;,. ~t!.i .,l ri ..r.. .if, .. It :.1 i, .. r t .;gi i;t1 Exhibit "A-1 " FINAL AS-BUILT SURVEY AND LEGAL DESCRIPTION TBD ---~ /Z~ 24 5..... ,... ~ , . :,1 ~t,r;~~~`f :~c .- «~..~ ...~ f:~._ :Q-.. to I ,.rF , ._c..~s Exhibit "B" TENANT'S IMPROVEMENT Zs ~ Z~'~ r ~.f<:~4..I t.i e r, t;<7~ f<,. <+ :; ..:.i. {,SI`r ,`l. U:t? Exhibit "C" LEASE EXTENSION AGREEMENT ~!1?; THIS LEASE EXTENSION AGREEMENT, made and entered into this day of 20 , by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and (hereinafter referred to as the "Tenant") provides that IN AND FOR CONSIDERATION of compliance with the terms of that certain LEASE AGREEMENT between the parties dated 20 and the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. The Leasehold of the afore-mentioned Lease Agreement is hereby extended for an additional ten years from the date of the expiration of its Initial Term. 2. The Annual Rent for the first year of said extension shall be $ .Each year on the anniversary of the Commencement Date, this Annual Rent shall be adjusted by the Core U.S. Consumer Price Index as published in the Wall Street Journal or equivalent publication. There shall be no appraisal adjustments during this extended term. 3. The Annual Investment Fee shall no longer be collected during this extended term. 4. The Leasehold shall terminate at the end of this extended term and Tenant shall surrender possession of the Premises. 5. All other terms and provisions of the Lease Agreement shall remain in full force and effect unless application of the same shall lead to a logic conflict. AGREED to on the date first set forth above. ATTEST: CITY OF SEBASTIAN A Municipal Corporation By: City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: City Attorney By: G and R Development Authorized Representative City Manager 26 4ta,.~. ~,..• Ial...:.''; 7,ti%}r..'/ .-it(3:t:a.trt .,. t-:;... ix,. t."rt rt. :_~:.i t rri S"l aff ,7(: ,'; Exhibit "D" LEASE OPTION AGREEMENT THIS LEASE OPTION AGREEMENT, made and entered into this 15th day of July, 2008, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and G & R Development LLC (hereinafter referred to as the "Tenant"). Landlord and tenant are sometimes collectively referred to herein as the "Parties". This Lease Option Agreement runs in conjunction with a certain lease, referred to as the "Phase I Lease", between Landlord and Tenant. For valuable consideration a land lease option is granted to the Tenant under the following terms: 1. The approximate area of the option for land lease is 72,120 square feet. The exact area shall be determined after the option has been exercised and the proposed site has been surveyed. 2. The consideration shall be $0.02 per square foot for a total amount of $1,442. Payable after the right of termination of the phase I lease expires, reference Phase I Lease paragraph 1.1 Condition of Premises, part (b). 3. Upon completion of the site survey, the amount of consideration shall be re- calculated and adjusted based upon the surveyed area. 4. The option period is for up to five (5) years. 5. Exhibit B shows the site plan for the land lease option. 6. The Phase II land lease will yield an annual rent of $0.15 per square foot. a. The lease terms shall be the same as the Phase I lease unless application of the same shall lead to a logic conflict. Except that, if required, Landlord will deliver up to five hundred cubic yards of fill to the site for Tenant to incorporate into the improvements. b. Lease payments shall begin upon Certificate of Occupancy. c. The length of the lease shall be 30 years with a 10 year extension subject to the terms specified in subparagraph a. 7. The Phase III land lease will yield an annual rent of $0.15 per square foot. a. The lease terms shall be the same as the Phase I lease unless application of the same shall lead to a logic conflict. Except that, if required, Landlord will deliver up to four thousand cubic yards of fill to the site for Tenant to incorporate into the improvements, if available, from City stock. b. Lease payments shall begin upon Certificate of Occupancy. c. The length of the lease shall be 30 years with a 10 year extension subject to the terms specified in subparagraph a. d. The Landlord will attempt to mitigate and fill an area approximately 40 feet (east to west) by 368 feet (north to south) comprising approximately 14,719 square feet (0.34 acres) directly west of the Phase III land lease. This will allow maximum utilization of the Phase III leased area by increasing the number of hangars from approximately eight to sixteen. 27 /~ ~~ . .. ~...,. a?. ,. c ? .! .. ui, :fc ~ n:<i?7.x.11 j~l':~'. r.,''.'£'rr t.: tii-?.? ( r.`S ~.i,::... 8. Upon issuing of the final Certificate of Occupancy for Phase III, a new land lease, covering the entire site for Phases I, II and III will replace the individual Phase I, II and III leases. a. This new lease will be for a period of 30 years, with a 10 year extension. b. The lease terms shall be the same as the Phase I lease unless application of the same shall lead to a ludicrous result c. A separate legal entity, created by the Tenant, shall be responsible for the lease. For example, the legal entity, "condominium" may be created .Its governing Board would then be the administrative interface with the Sebastian Airport and the City Of Sebastian. AGREED to on the date first set forth above. ATTEST: CITY OF SEBASTIAN A Municipal Corporation City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney By: G and R Development Authorized Representative City Manager /2`f 28 By: ~.?... ::IF :t :.: t.i I ..i .. < .. F:a,.., .. :t,. ..f.. 14,'1'x. i., c I., it~~T.[ (.(,.~.1':t to ...~I, .' Exhibit "F" INVESTMENT RATIO TBD 29 ~, ,~-- 12~ 0 ~ o ~ N (~ N ~ '~ ~ N o ti GZ. O s. a ~~.~ ~. ~ U N O i, ~. 04 ai `~ 4-: O C O .~ s. 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Business Plan for a Condominium Hangar Proiect at Sebastian Airport (X26) G&R Development, LLC Gabriel A Ferrer 3702 N Hwy AIA, #901 Fort Pierce, F134949-8552 Licenses: FI State Certified General Contractor CGC1514366 Fl State Certified Roofmg Contractor CCC1328334 Fl State Certified Real Estate Associate SL 111054 FAA Commercial Pilot 2854993 FAA Repairman Experimental Aircraft Builder 2830927 Education: Bachelor Electrical Engineering, University Of Miami, Fl 1969 Master of Engineering: University of Florida, 1972 Work Experience: 1969-1970 IBM Company, Boca Raton, Fl Computer Test Equipment Development 1970-2001 Pratt & Whitney, Jupiter Fl Jet Engine Control System Development & Testing. Project Manager Test Stand Development & Development_ Managed Development Project Budgets from as low as $100,000 to as much as $10,000,000. Various Construction Companies Managed construction of single family and multistory buildings. Rental Property Management Managed 14 rental apartments Real Estate Investing Bought and sold real estate for myself and as a Real Estate Associate. 2001-2007 Experimental Aircraft Building Built and have flown an RV6 Experimental two passenger airplane. Cruise speed approximately 200 miles per hour. Federal Aviation Administration Airplane Registration #: N2GX. I maintain the airplane under an FAA Repairman Certificate. Rental Property Management Manage ten rental apartments Real Estate Investing Buy and sell real estate for myself Attachment 1. Career Resume for Gabriel A Ferrer /~f~ Disclosed Only to the Sebastian Airport (X26) Manager, Mr. Joseph Griffin, and His Designees For Consideration of a Hangar Project Proposal by G&R Development, LLC Page 15 of 19 Business Plan for a Condominium Hangar Proiect at Sebastian Airport (X261 G&R Development, LLC Licensed architect in the state of California and Florida with over 10 years experience in commercial and institutional projects. Experienced in word processing, Spread Sheet, Graphic, Database and AutoCAD programs. Private Pilot, Instrument rated. City of Las Cruces, Las Cruces, New Mexico Building Official - 2004 to 2005 Responsible for all building permits and business registrations for the City of Las Cruces. Beagle Aviation, Inc Port Saint Lucie, Florida Owner - 1995 to 2004 Established general aviation pilot supply business specializing in graphic design and distribution of products through Experimental Aircraft Association and Aircraft Owners and Pilots Association conventions, pilot shops and the Internet. Quincy Johnson Associates, Boca Raton, Florida Vice President - 1993 to 1995 Responsible for new business development, management and construction administration of projects including medical office buildings. Project sizes ranging in size from 175,000 to 250,000 square feet. Project management activities included selection of outside consultants, contractor selection and construction administration as outlined by the AIA documents. Administrative responsibilities included staff coaching, and hiring. RKS Associates, Boca Raton, Florida Principal/Owner -1987 to 1993 Responsible for business development, design and administration of all projects that included new construction of a medical office building, single family homes, renovation of commercial and institutional buildings, interior retail and restaurant space planning. Miami Dade Community College, Miami, Florida Visiting Faculty -1989 Instructed two Architectural Communications courses with course content oriented toward developing graphic drawing skills. Barretta ~ Associates, Boca Raton, Florida Project Architect -1983-1987 Designed and managed the construction of commercial office buildings ranging in size from 35,000 square feet to 300,000 square feet. Lohan ~ Associates, Chicago, Illinois Project Designer - 1979-1983 Participated in design teams for large commercial and institutional projects, completed construction drawings, and constructed architectural models. EDUCATION Bachelor of Architecture -Illinois Institute of Technology, 1982 with High Honors. Rhode Island School of Design -Providence, Rhode Island, 1978. AA -Miami Dade Community College, 1977 with High Honor. AWARDS Merit Award -Single Family Home Design sponsored by Progressive Architecture and American Plywood Association, 1983. Attachment 2. Career Resume for Rob Kermanj Disclosed Only to the Sebastian Airport (X26) Manager, Mr. Joseph Griffin, and His Designees For Consideration of a Hangar Project Proposal by G&R Development, LLC Page 16 of 19 / `~l Business Plan for a Condominium Hangar Project at Sebastian Airport (X26) G&R Development, LLC Gabriel A Ferrer and Rob Kermanj hereby authorize the Sebastian Airport (X26) Manager, Mr. Joseph Griffin, and His Designees to obtain copies of their Credit Reports For Consideration of a Hangar Project Proposal by G&R Development, LLC ~ ~ Gabriel AFerrer June 12, 2008 ~;, ,;f' i ,~ ~''~. Rob I~erm~n June 12, 2008 Attachment 3. Credit Report for Gabriel A Ferrer & Rob Kermanj ~ Disclosed Only to the Sebastian !\irport (X26) Manager, Mr. Joseph Griffin, and Nis Designees For ~~. Consideration of a Hangar Project Proposal by G&R Development, LLC Page 17 of 19 Business Plan for a Condominium Hangar Proiect at Sebastian Airport (~26) G&R Development, LLC Assets Cash on Hand in Banks Total $166,167 IRA or Other Retirement Accounts Total $1,293,000 Real Estate Total $2,670,000 Automobiles Total $27,000 Total Assets $4,156,167 Liabilities Total Liabilities $378,500 Net Worth $3,777,667 Source of Income Salary $125,000 Real Estate Income $60,000 Pension $31,800 Total Yearly Income $216,800 Attachment 4. Gabriel A & Marisol Ferrer Financial Statement Disclosed only to the Sebastian Airport (X26j Manager, Mr. Joseph Griffin, and His Designees For Consideration of a Hangar Project Proposal by G&R Development, LLC / ~ ~ 'i Page 18 of 19 Business Plan for a Condominium Hangar Proiect at Sebastian Airport (X26) G&R Development, LLC Assets Cash on Hand in Banks Total $512,583 IRA or Other Retirement Accounts Total $781,603 Real Estate Total $550,000 Automobiles Total $86,000 Total Assets $1, 930,186 Liabilities Mortgages on Real Estate Total Liabilities $0 Net Worth $1,930,186 Source of Income Salary $125,500 other income $76,500 Total Yearly Income $202,000 Attachment 5. Rob and Elizabeth Kermanj Financial Statement •~/ ` Disclosed Only to the Sebastian Airport (X26) Manager, Mr. Josepb Griffin, and His Designees For I/ 'r" '~ Consideration of a Hangar Project Proposal by G&R Development, LLC Page 19 of 19 City of Sebastian, Florida ~~I~l~ THE CITY ~TTO~i~V~Y AGENDA TRANSMITTAL _ Agenda No. (~ ~• U t~ Subject: FPL utility easement; Date Submitted: 7/1/08 Airport radio tower For Agenda o£ 7/9/08 SUMMARY: On February 13, 2008 the City Council approved a lease to allow construction of a radio tower constructed at the airport to assist the FAA in monitoring airline traffic flying overhead. On a temporary basis, until a new feeder line can be extended by Florida Power & Light the electrical needs of the tower are being provided from the Administration Building. In accordance with standard practice, FPL locates such lines within an easement and, since the airport is not platted, such easements are not in place. While functionally the granting of an easement for utilities is the kind of mundane action that is typically administrative, since it includes a permanent interest in land Council approval is required. RECOMMENDED ACTION: Authorize execution of a utility easement at the airport to FPL to service the FAA radio tower. ~) REVIEWED BY CITY CLERK: ~.~~''~'~ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: 1`~~ Work Request No. 3119013 Sec.01, Twp 31 S, Rge 38 E Parcel I.D.30382200001000000000.1 (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 7/94 EASEMENT This Instrument Prepared By Name: Dennis Paoano Co. Name: Florida Power & Light Company Address: 3301 Orange Ave Ft Pierce. fl 34947 pg of The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within the easements described as follows: See attached Exhibit A legal descriptions Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20_. Signed, sealed and delivered in the presence of: orpora e s name i Hess igna ure Print Name: i Hess i Hess igna ure Print Name: (Witness) By: rest en s signa ure Print Name: Print Address: Attest: ecre arys signa ure Print Name: Print Address: (Corporate Seal) STATE OF this day AND COUNTY OF of known to me or have produced Identification) My Commission Expires: The foregoing instrument was acknowledged before me by President and and Secretary of corporation, on behalf of said corporation, who are personally as identification, and who did (did not) take an oath. (Type of Notary Public, Signature Print Name /~~ 20_, respectively the EXHIBIT A LEGAL DESCRIPTIONS 15 FOOT WIDE INGRESS, EGRESS AND UTILITY EASEMENT THAT PART OF SECTION 1, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA. LYING WITHIN 7.5 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE MOST NORTHERLY CORNER OF LOT 6, BLOCK 12 SEBASTIAN HIGHLANDS, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 14 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 45°09'00" WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT 6 AND ALONG THE NORTHWESTERLY LINE OF LOTS 5 AND 4 OF SAID BLOCK 12 FOR 316.21 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 4; THENCE NORTH 72°25'24" WEST FOR 1,789.94 FEET TO THE MOST EASTERLY CORNER OF A 20 FOOT X 20 FOOT TOWER PARCEL; THENCE SOUTH 39°42'50" WEST ALONG THE SOUTHEASTERLY LINE OF SAID TOWER PARCEL FOR 20.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID TOWER PARCEL; THENCE NORTH 50°17'.10" WEST ALONG THE SOUTHWESTERLY LINE OF SAID TOWER PARCEL FOR 12.50 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 15 FOOT WIDE INGRESS, EGRESS AND UTILITY EASEMENT; THENCE SOUTH 39°42'50" WEST FOR 8.74 FEET' THENCE NORTH 50°17'10" WEST FOR 132.50 FEET; THENCE NORTH 39°43;21" EAST FOR 434.74 FEET; THENCE NORTH 69°18'18" EAST FOR 64.10 FEET; THENCE SOUTH 89°57'34" EAST FOR 264.85 FEET; THENCE SOUTH 75°48'24" EAST FOR 85.36 FEET; THENCE SOUTH 54°03'54" EAST FOR 70.54 FEET; THENCE SOUTH 44°25'03" EAST FOR 1,538.45 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY RIGHT OF WAY LINE OF FLEMING STREET AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 38,989 SQUARE FEET OR 0.90 ACRES, MORE OR LESS. AND 15 FOOT WIDE UTILITY EASEMENT THAT PART OF SECTION 1, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA. LYING WITHIN 7.5 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE MOST NORTHERLY CORNER OF LOT 6, BLOCK 12 SEBASTIAN HIGHLANDS, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 14 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 45°09'00" WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT 6 AND ALONG THE NORTHWESTERLY LINE OF LOTS 5 AND 4 OF SAID BLOCK 12 FOR 316.21 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 4; THENCE NORTH 72°25'24" WEST FOR 1,789.94 FEET TO THE MOST EASTERLY CORNER OF A 20 FOOT X 20 FOOT TOWER PARCEL; THENCE SOUTH 39°42'50" WEST ALONG THE SOUTHEASTERLY LINE OF SAID TOWER PARCEL FOR 7.50 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 15 FOOT WIDE UTILITY EASEMENT; THENCE SOUTH 50°17'10" EAST FOR 26.42 FEET; THENCE NORTH 38°38'30" EAST FOR 80.21 FEET; THENCE NORTH 50°21'00" WEST FOR 157.90 FEET TO THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 3,968 SQUARE FEET OR 0.09 ACRES, MORE OR LESS. /y ;~Y~~ a a ~~ ~ ~~ ~~~~~~~~ ~~ ~~ i ~ ~G,y'C~ pqy@ / ~ ~\\ S % / •~ ~ ~~ ~ '~ ~4 ;°.V ~ ~ '~' \ ~ / ~ i ~ ~~ ~ ggga ~~i^p^p ~ fry` ~ >~ ~aei~/ ///~~/J ~¢F \ ~ ~R 4 /~/ / V ~\ ,~~~ FR % ~ ~ ~~x 785 ~~~ ~. sg cg ~~ ~tl ~H B AA ~~ 7 8 S ~ i7 R ? RR ~_ K ~ ~ 4 $ ~~ it y ~ qy ~ ~~~ ~ _~ ~~ ~~~ ` ' t ~~ . .. ~ ~ !`~ ` qR~ , ~ , ~ i ~~ y ~ i ~~ - - i ~. ~ ~~ ~ :.~r'"~ ~ ~ ~~ Y~ ~ -~ rf ~ ;~ : S i '~' 6 j ~ ~~ a~ % 4 / $§s ~~ L 6 5~ ~ ~/, a~ '' cw ~ 3 ~~ 4 A~-~ ~ ._ ~^.. gl ~ ! ~ C ~ ~ii72 "q ~ ~€ T byy~ ~ ~ ~ 3 'y°" ~S Y8~ -~® ~ ~S ~~~ ~ n ~ ~~ ' g £~ ~a z Q R r a z ~ ~ ~ ~p R 9i~Qn eY ~~4 p 1 ~ ~ y c ~ ~ ~~° ~~ty x'0''7 $ F s ~'>. R ^. ~ A "_ ~ a ~"`~ ~~O ~R~ ~ ~ I ~ ~~4 L ~~o Yk~ ~~~ ~~~ " ~ F~ ~ ~ ~~., ~~°~:. ~\ ~ $ 4y v Y aq I I [E6 ~ f j Ilg~ i x, . S ~~ ° II H ~Y R ~R ~ ^p gg 8 tle e ~ ~ ~. IBS i ~~~ ~~~ ~~g R3 4 €~ ~~ 'R s 4 R~ ~~ $R 7 ~~ ~~ ~~ ~ ~~ i~ ~~ ~~gg SY ~~ I Y m l ~~ag~C ~yy~~ a2 ~ Y R t YY I 9~ R~~ 9 ~~. ~~ 666 ~~ ~ a~a~~~~~~~6~R~ ~~R ~~~ ~~ ''s ~~ ~ ~ ~ ~a g Y e~ ~ $ ~ ~$g~k~x~~~~$~~ ~~~ ~~ ~{ ~~ ~~ ~ ~ ~ ~~ E$I ° e ~z~~~~~~~~~~ ~~ ~ ~~~8~~~~~-~~~~ ~~~ g ~~~~~~~R8~5 ~'~ s~ a ~ ~g~~~"R~~~~°~~~~ ~~E q~R ,7R~4~ ., R~ Y, ~ R q ,~ '~ q q R Q ~ ~'F~~~ ~DL€P~~9 A j ~ R ~~~8Rr3~.'t,~ € ~~°L ~ ~' 7P~ ~ ~,GR~tlg3 ~ ~R9 Yqq~ '~ 'gGgg~ ApApiiR ~~ a39~'~~~7~~rt3i~ ~a7 E$ ~~7q aII~~~G~ B~ ~ aR~"6~~~~~FY~~R~ ~~ O ~ ~R YG p ~ ~y~ R q~"RS~?~`g~R1R aS~C7€ 3~Q V ~~ggqqpRp~R~ ~ E9ayAa~gR+~Rp'~'af~_s ~ gs~] ~~~~i 4 ~R~SNp~R~$,Bp~ 3~ D q4 ~IS` q ~- ~ ~ ~g. y ~ ~_ R~ R ~sRRR g gC Z g ~~Y~~RSM ayg~ ~ ~i ~~ ~ ~ 4 riR ~~`ag+'~ 'L ~! v ~~ Regular City Council Meeting February 13, 2008 Page Eleven Damien Gilliams, 1623, said closing the roads for out-of-town business owners was not fair to the local business people, said Indian River Drive will be realigned for more Park in the future, asked Council to look into resolutions restricting use of Jordan Park, thanked the City Manager for the wish lists for the legislature, thought a lobbyist should go to Tallahassee, will not be giving up on the citizens academy, thanked Mr. Wolff for bringing up the property tax amendment and freedom of speech, hoped Ms. Simchick can help get his electric permit for his dock while in Tallahassee, blessed Mr. Paternoster's family, and thanked Mr. Neglia for freedom of speech. Chuck Lever said it is confusing that the City Manager has been directed to watch how property tax reform will affect citizens but by the same token Council approved the $2 million on the Main Street/Indian River Drive project. He said to the Mayor that she ignored the residents that signed the petition but is listening to Roseland residents about the Airport. He asked Ms. Simchick to take into consideration that the Main Street project will bring vehicles with leaking oil closer to the river, take out trees and noted that Mr. Wolff tried to stop the Collier Creek rip rap which is made of limestone. Nate Episcopal, 374 Bayharbor, said he had concerns of people speeding at the intersection of South Easy Street and Wimbrow Drive. The City Manager said he would refer this to the traffic committee and report back to Council. 14. NEW BUSINESS 08.024 A. Approve ITT Land Lease at Sebastian Municipal Airport for FAA Approved 123-150 Unmanned 60' Radio Navigation Tower (Airport Director Transmittal, Land Lease, ITT Proposal) The Airport Director explained this tower is basically a cell phone tower for airplanes and is the next generation of air traffic control system for the FAA. Scott Baker said this is really neat for the region and just happens to be parked at Sebastian. Discussion followed that this was not a traffic tower, would not attract more planes but was simply a radio tower which would provide a measure of safety. MOTION by Mr. Neglia and SECOND by Mr. Paternoster to approve the Land Lease between ITT and the City of Sebastian. Roll Call on the vote was as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Passed 5-0 C i !Y~ ~-,r' Rich Stringer From: Joseph Griffin Sent: Wednesday, June 25, 2008 9:09 AM To: Rich Stringer Subject: easement The request is for an electric easement for FPL service at the AP---to include service for the new ADS-B tower recently constructed near the admin building. This easement will take care of the service needs for the tower site and any future needs for this area. It gives FPL the capability for a variety of voltages from 120/240 volt single phase, 120/240 volt three phase, 120/208 volt three phase or 277/480 volt three phase. Extending the easement past the Police Compound -FPL will be able to serve anything that the City can require up to a 1000 KVA thransformer. Joe Griffin Airport Director City of Sebastian 202 Airport Drive East Sebastian, FL 32958 772-228-7013 772-228-7078 fax Confidentiality Notice: This message is intended exclusively for the individual, or entity, to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately either by phone (772-228-7013) or reply to this a-mail and delete all copies of this message. /S~ City of Sebastian, Florida o~~~~~~ ~~~ T~~ ~~T~ TT~~~~ AGENDA TRANSMITTAL Agenda No. ~ ~ _ ©~ Subject: Utility services to docks; Date Submitted: 6/27/08 Ordinance 0-08-OS For Agenda of: 7/9/08 SUMMARY: It has been the administrative practice of the City to deny utility permits when the only apparent purpose for electrical service is to further a use that is either not allowed or has not been properly permitted. One example of the application of this practice was the denial of a request to provide 220vo1t service to a vacant parcel on the riverfront. Since there was no legitimate use approved for that parcel, denial of the permit was viewed as a valid tool to avoid future enforcement problems. Based upon similar considerations, an application for an electrical permit was denied at a marina because it was proposed that a number of existing boat slips be provided electrical outlets although the governing site plan approvals had surrendered the use of these slips. Following an appeal of the denial of this electrical permit, it was the direction of Council that a means be devised to allow electrical outlets along such a dock, with the thought that there could be some legitimate purposes for electrical service. An example would be use of apower-washer to clean the decking. It was discussed that a standard based upon distance was a potential solution. Reviewing the LDC, it appeared that the best place to address the desired revisions was within the requirements of a marina plan. A draft ordinance was presented to the Planning & Zoning Commission at their 6/19/08 meeting, resulting in a substantial rewriting of the LDC amendment to broaden its scope. RECOMMENDED ACTION: Move to pass Ordinance 0-08-05 on first reading and schedule first reading for August 7 3, 2008. REVIEWED BY CITY CLERK: ~'~ '~ ~~'°~~ -''> AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGE ~5~ /sz ORDINANCE NO. 0-08-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-3-ll.4(f) COASTAL RESOURCE IMPACT ANALYSIS: MARINAS AND DOCK FACILITIES TO ADDRESS UTILITY AND LIGHTING PLANS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, it is the desire of City Council to address the issue of utility service to marina docks; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 54-3-11.4 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-11.4. Coastal resource impact analysis. * ~ __ (f) Marinas and ':~ facilities. The city shall not approve docks or marina improvements until the applicant demonstrates compliance with all' applicable federal and state laws and administrative rules, as well as applicable policies of regional agencies. Site plans shall include an environmental impact component for all doci~s and marinas, which adequately address marina siting criteria cited herein. These plans must demonstrate to the city's satisfaction that the facilities shall not adversely impact living marine resources, including, but not limited to, seagrasses, estuarine waters, manatees and other living marine organisms. The plans shall comply with the following criteria: (1) The plan shall indicate the following a. Location relative to all potentially impacted natural marine resources. b. Structural specifications. c. Description of all impacted natural marine resources, including their location and physical characteristics. d. The location of multi-slip dock or marina facilities shall be located so as to prevent or minimize dredging and shall not disturb seagrass beds or adjacent wetlands. e. Availability and location of sewage pump-.out facilities. f. Hurricane contingency plans. g. Mitigation techniques proposed to compensate for any potential environmental disruption. ~5 3,' h. A utility and lighting layout plan. Service may be provided to slips that have been permitted and authorized for use as well as incidental service for maintenance and lighting of the docks. In addition to immediate environmental impacts, lighting shall also be sensitive to the nearby nesting turtle population. (2) New marinas shall not be allowed in or immediately adjacent to the following sensitive areas • Aquatic preserves; • Marina sanctuaries; • Estuarine sanctuaries; and • Areas of essential manatee habitat, as determined by DEP. (3) Marinas must have sufficient upland area for all non-water-dependent uses. Dredging and filling of wetlands or open water in order to accommodate uses that are not water-dependent shall not be allowed. Exceptions may be granted in cases shown to be overwhelmingly in the public interest, such as the presence of sensitive upland systems. (4) Cumulative effects of several marinas and/or boat ramps in one area shall be considered in the review of proposed marina projects. (5) All new and expanded marinas shall provide a demonstration of compliance with state water quality standards by maintaining a water quality monitoring program approved by the Florida Department of Environmental Protection (DEP). (6) Grassbeds and other submerged habitat deemed valuable by DEP will be subject to protection regardless of their size. DEP frequently imposes their jurisdiction based on size and connection to other wetlands, so this may be contradictory. (7) In reviewing applications for new or expanded docking facilities, ways to improve, mitigate, or reverse adverse environmental impacts caused by previous activities shall be explored. This may include shallowing dredged areas, restoring wetland or submerged vegetation, or marking navigational channels. Such mitigation or restoration may be a condition of approval of new, renewed, or expanded facilities. (8) Immediate access (ingress and egress) points shall be delineated by channel markers, indicating speed limits, manatee area warnings, and any other applicable regulations. (9) All new or expanded marinas must provide treatment of stormwater run- off from upland areas to the extent necessary to ensure that state water quality standards are met at the point of discharge to waters of the state. In addition, all requirements of the water management district and DEP shall be met. IS~f (10) Boat maintenance activities in new or expanded marina facilities shall be located as far as possible from open water bodies in order to reduce contamination of water bodies by toxic .substances common to boat maintenance. Run-off from boat maintenance must be collected and treated prior to discharge. (11) Open wet slips will be preferred to covered wet slips in marina design to reduce shading of water bodies which result in lowered biological productivity. (12) Marina design shall incorporate natural wetland vegetative buffers whenever possible near docking area and in access areas for erosion and sedimentation control, run-off purification and habitat purposes. (13) The West Indian manatee shall be afforded protection from boating activities that may have an adverse impact upon the species. The following criteria apply in the implementation of this policy: a. Marina operators shall undertake the following manatee protection measures in areas where manatees are known to occur: 1. Implement and maintain a manatee public awareness program which will include posting signs to advise boat users that manatees are an endangered specie which frequents the waters of the region's estuaries and lagoon; 2. Declare the waters in and around marinas as "idle speed"~ zones; and 3. Post phone number(s) to report an injured manatee. b. Local manatee protection plans shall be included as part of the coastal management and conservation elements of the comprehensive plan. The plan should: 1. Assess the occurrence of manatee activity within the jurisdiction; 2. Document the number of manatee accidents and deaths; 3. Identify manatee habitats; 4. Determine the potential for adverse impacts to the manatee population from various activities and identify the level of protection necessary to ensure least possible interference; and 5. Recommend local mitigative actions to be undertaken in support of the regional policy. (14)In addition to the above listed criteria, accessory doc>~5 and unwalled boat shelters, davits, lifts and pilings shall be permitted and erected in accordance with the following regulations. ~~~,; a. All clocks, piers or wharves and associated pilings, and all davits or lifts whether associated with a dock or erected separately, shall require a building permit from the building department and other applicable permit(s), as required, through the State of Florida and/or federal regulatory agencies, including the U.S. Army Corps of Engineers and/or any other agency having appropriate jurisdiction. b. All docks, pilings, or wharves, as permitted, shall be located in a manner that does not interfere with the riparian rights of adjacent properties. c. All docks. piers, wharves, davits and lifts, as permitted, shall be located to meet the following requirements 1. Local canals and lakes--Said structure is located within the center one-third of the waterfront footage of the property and shall not extend further than 20 feet or one-third of the width of the waterway, whichever is the lesser distance. 2. Indian River Lagoon and Sebastian River--As permitted by applicable state and federal regulations. d. All off-shore pilings shall not project further above the surface of the water than is reasonably necessary for their use and be located no further from the rear property line than: 1. Local canals and lakes--20 feet or one-third the width of the waterway, whichever is the lesser distance. 2. Indian River Lagoon or Sebastian River--As permitted by applicable state and federal regulations. e. This section notwithstanding, alternate site plan specifications may be presented to the planning and zoning commission for review and approval, as deemed necessary by the applicant. Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, 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 provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. /~ Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of August, 2008. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Sally A. Maio, MMC City Clerk Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney I~ ~~~ CITY OF _ ~-- HOME OF PELICAN ISLAND ®~>t~~ ®~ ~~~ ~Il~jv ~~~®~~~y To: Mayor and Co~nc~l From: Rich Stringer Date: June 9, 2008 Re: Marina Parking/Electrical Zoning Text Amendments Enclosed are the proposed Zoning Text Amendments that will be before the Planning & Zoning Commission for public hearing on June 19, 2008. Proposed 2008 ZTA #1 addresses the electrification of boat docks within marinas. Proposed 2008 ZTA #2 addresses parking requirements for marina uses. It has been the administrative practice of the City to deny electrical permits when the only apparent purpose for electrical service is to further a use that is either not allowed or has not been properly permitted. One example of the application of this practice was the denial of a request to provide 220vo1t service to a vacant parcel on the riverfront. Since there was no legitimate use approved for that parcel, denial of the permit was viewed as a valid tool to avoid future enforcement problems. Based upon similar considerations, anapplication for an electrical permit was denied at 806 Indian River Drive because existing boat slips were being provided electrical outlets although the governing site plan approvals had surrendered the use of these slips. Following an appeal of the denial of the electrical permit for 806 Indian River Drive, it was the direction of Council that a means be devised to allow electrical outlets along such a dock, with the thought that there could be some legitimate purposes for electrical service. An example would be use of apower-washer to clean the decking. It was discussed that a standard based upon distance was a potential solution. As has been discussed with Council, merely changing the rules to allow electrification of boat slips that are not approved for use will just perpetuate an enforcement problem. Limited parking is the basis for the restrictions on the marina uses at 806 Indian River Drive. In reviewing the Code to determine the best means of resolving the outstanding issues involving this site, it appeared that the existing parking requirements. for marina uses might be overly burdensome. The issue of marina parking was studied by P&Z at their meeting of March 6, 2008, and the minutes of that meeting are attached. While the proposed zoning text amendments probably will not provide a complete solution to the issues at 806 Indian River Drive, changes to the parking standards should more accurately reflect the actual needs of these uses. Cc_ City Clerk City Manager Growth Management ~~ /~~ P~o~os>~D ?oog z^rA ~l ORDINANCE NO. 0-08-** AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTIOi~T 54-3-11.4(t7 COASTAL RESOURCE IMPACT ANALYSIS: MARINAS AND DOCK FACILITIES TO ADDRESS ELECTRICAL AND LIGHTING PLANS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, it is the desire of City Council to address the issue of electrical service to marina dock; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 54-3-11.4 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec: 54-3-11.4. Coastal resource impact analysis. ............... (f) Marinas and facilities. The city shall not approve or marina improvements until the applicant demonstrates compliance with all applicable federal and state laws and administrative rules, as well as applicable policies of regional agencies. Site plans shall include an environmental imp-act component .................. ................. ................ ............... for all d©~a~~ and marinas, which adequately address marina siting criteria cited .:..:............. herein. These plans must demonstrate to the city's satisfaction that the facilities shall not adversely impact living marine resources, including, but not limited to, seagrasses, estuarine waters, manatees and other living marine organisms. The plans shall comply with the following criteria: (1) The plan shall indicate the following: a. Location relative to all potentially impacted natural marine resources. b. Structural specifications. c. Description of all impacted natural marine resources, including their location and physical characteristics. d. The location of multi-slip ~~~c or marina facilities shall be located so as to prevent or minimize dredging and shall not disturb seagrass beds or adjacent wetlands. e. Availability and location of sewage pump-out facilities. f. Hurricane contingency plans. Ib~i g. Mitigation techniques proposed to compensate for any potential environmental disruption. h. An electrical and lighting layout plan. Docks ma provide an outlet to service each available boat slip or otherwise, for ever ten linear feet of the dock. In addition to immediate environmental impacts lighting shall also be sensitive to the nearb nesting turtle population (2) New marinas shall not be allowed in or immediatei_y adjacent to the following sensitive areas • Aquatic preserves; • Marina sanctuaries; • Estuarine sanctuaries; and • Areas of essential manatee habitat, as determined by DEP. (3) Marinas must have sufficient upland area for all non-water-dependent uses. Dredging and filling of wetlands or open water in order to accommodate uses that are not water-dependent shall not be allowed. Exceptions may be granted in cases shown to be overwhelmingly in the public interest, such as the presence of sensitive upland systems. (4) Cumulative effects of several marinas and/or boat ramps in one area shall be considered in the review of proposed marina projects. (5) All new and expanded marinas shall provide a demonstration of compliance with state water quality standards by maintaining a water quality monitoring program approved by the Florida Department of Environmental Protection (DEP). (6) Grassbeds and other submerged habitat deemed valuable by DEP will be subject to protection regardless of their size. DEP frequently imposes their jurisdiction based on size and connection to other wetlands, so this may be contradictory. (7) In reviewing applications for new or expanded docking facilities, ways to improve, mitigate, or reverse adverse environmental impacts caused by previous activities shall be explored. This may include shallowing dredged areas, restoring wetland or submerged vegetation, or marking navigational channels. Such mitigation or restoration may be a condition of approval of new, renewed, or expanded facilities. (8) Immediate access (ingress and egress) points shall be delineated by channel markers, indicating speed limits, manatee area warnings, and any other applicable regulations. (9) All new or expanded marinas must provide treatment of stormwater run- off from upland areas to the extent necessary to ensure that state water quality standards are met at the point of discharge to waters of the state. In addition, all requirements of the water management district and DEP shall be met. ~~ 2 (1U) Boat maintenance activities in new or expanded marina facilities .shall be located as far as possible from open water bodies in order to reduce contamination of water bodies by toxic substances common to boat maintenance. Run-off from boat maintenance must be collected and treated prior to discharge. (11) Open wet slips will be preferred to covered wet slips in marina design to reduce shading of water bodies which result in lowered biological productivity. (12) Marina design shall incorporate natural wetland vegetative buffers whenever possible near docking area and in access areas for erosion and sedimentation control, run-off purification and habitat purposes. (13) The West Indian manatee shall be afforded protection from boating activities that may have an adverse impact upon the species. The following criteria apply in the implementation of this policy: a. Marina operators shall undertake the following manatee protection measures in areas where manatees are known to occur: 1. Implement and maintain a manatee public awareness program which will include posting signs to advise boat users that manatees are an endangered specie which frequents the waters of the region's estuaries and lagoon; 2. Declare the waters in and around marinas as "idle speed" zones; and 3. Post phone number(s) to report an injured manatee. b. Local manatee protection plans shall be included as part of the coastal management and conservation elements of the comprehensive plan. The plan should: 1. Assess the occurrence of manatee activity within the jurisdiction; 2. Document the number of manatee accidents and deaths; 3. Identify. manatee habitats; 4. Determine the potential for adverse impacts to the manatee population from various activities and identify the level of protection necessary to ensure least possible interference; and 5. Recommend local mitigative actions to be undertaken in support of the regional policy. .................. ................. (14) In addition to the above listed criteria, accessory do and unwalled boat shelters, davits, lifts and pilings shall be permitted and erected in accordance with the following regulations. __.... a. All ek, piers or wharves and associated pilings, and all davits or lifts ................. .................. .............. ............... whether associated with a 'cl or erected separately, shall require a building permit from the building department ~ and other applicable permit(s), as required, through the State of Florida and/or federal /j~~> c~, regulatory agencies, including the U.S. Army Corps of Engineers and/or any other agency having appropriate jurisdiction. .................. ................. b. All dr~cl~s, pilings, or wharves, as permitted, shall be located in a manner that does not interfere with the riparian rights of adjacent properties. c. A11 d~c~l~s, piers, wharves, davits and lifts, as permitted, shall be located to meet the following requirements: 1. Local canals and lakes--Said structure is located within the center one-third of the waterfront footage of the property and shall not extend further than 20 feet or one-third of the width of the waterway, whichever is the lesser distance. 2. Indian River Lagoon and Sebastian River--As permitted by applicable state and federal regulations. d. All off-shore pilings shall not project further above the surface of the water than is reasonably necessary for their use and be located no further from the rear property line than: 1. Local canals and lakes--20 feet or one-third the width of the waterway, whichever is the lesser distance. 2. Indian River Lagoon or Sebastian River--As permitted by applicable state and federal regulations. e. This section notwithstanding, alternate site plan specifications may be presented to the planning and zoning commission for review and approval, as deemed necessary by the applicant. :~ Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, 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 provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. ~b y Sectian 4. by the City Council. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this day of .2008. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Andrea Coy Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney (~! bs PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 19, 2008 The Commission discussed looking into better fuel efficient .vehicles for the Police Department, and their preference to improve the older, existing parks (Schumann & Riverfront) rather than create a lot of smaller °pocket parks". MOTION by Dodd/Buchanan to favorably recommend to city council approval of the Capital Improvement Plan with the modifications discussed. ROLL CALL: Mr. Cardinale yes Mr. Buchanan yes Mr. Srinivasan yes Mr. Dodd yes Mr. Blais yes The vote was 5-0. Motion passed unanimously. REVIEW, COMMENTS, AND RECOMMENDATION TO CITY COUNCIL - INDIAN RIVER DRIVE 8~ MAIN STREET IMPROVEMENT PROJECT Mr. Minner gave an overview of the project and introduced the engineer of the project Joe Schulke. Mr. Cardinale asked Mr. Stringer to outline the purpose of the commission in its review of the project. Mr. Stringer quoted LDC 54-1-2.4 (3) i, the commission shall consider, review and make recommendations concerning studies of city public land needs and recommend site acquisition for the same, including development plans and requisite facilities. Mr. Schulke reviewed the plans and answered questions about timeline, parking, the actual boat ramp, sidewalk, restrooms, and traffic flow. Mr. Blais had concerns with the boat parking area having atwo-way directional drive aisle. MOTION by Blais/Dodd to recommend city council move forward with the plan and the engineer and city manager consider the issues discussed by the commission. ROLL CALL: Mr. Dodd yes Mr. Cardinale yes Mr. Buchanan yes Mr. Blais yes Mr. Srinivasan yes The vote was 5-0. Motion passed unanimously. PUBLIC HEARINGS -RECOMMENDATION TO CITY COUNCIL -LAND DEVELOPMENT CODE AMENDMENTS: 1. Ordinance 0-08-05 -LDC Section 54-3-11.4(f) -Electrical & Lighting Plans for Marinas and Dock Facilities Mr. Stringer explained this is from the direction of city council involving a dock. In response to questions by Commissioners, it was explained that staff had not approved the electrical layout to all the slips in a dock where the original marina had more slips than were currently authorized for use. The owner had traded out the use of some slips for additional facilities added to the site. Council wanted to provide some relief and we do have a provision concerning marinas and dock facilities in the LDC. What is added is (h) as noted in the ordinance material. After discussion it was determined the wording 2 /~~ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 19, 2008 should be: "An electrical and lighting layout plan: docks may provide electrical service to each available boat slip or otherwise provide convenient service to provide for the lighting and maintenance needs of the dock." Mr. Buchanan suggested the beginning be changed to the electrical service may be provided to permitted docks in addition to electrical outlets that may be necessary for the maintenance or lighting of the docks. That way we would be differentiating between having docks that are usable and providing electricity to those slips for customers versus lights and just power washers, etc. on the dock. Ms. Grohall said the city attorney suggested the terminology to read utility and lighting layout plan which would cover a wide variety of services. Mr. Stringer reviewed what was discussed: ~A utility and lighting layout plan: service may be provided to slips that have been permitted and authorized for use as well as incidental service for maintenance and lighting of the docks." MOTION by Dodd/Blais to recommend to city council that they adopt revisions to Ordinance 08-05, Section 54-3-11.4(f) based on the language changes that were stated. ROLL CALL: Mr. Buchanan yes Mr. Srinivasan yes Mr. Blais yes Mr. Dodd yes Mr. Cardinale yes The vote was 5-0. Motion passed unanimously. 2. Ordinance 0-08-06 - LDC Section 54-3-15.2 -Parking Spaces Required for Marinas ~ Waterfront Restaurants Mr. Stringer presented the backup material. He explained that the parking requirements for marinas are exactly what the board recommended. Within restaurants, a provision was added to say, "When co-located with marina facilities, up to five percent (5%) of the required spaces may utilize designated temporary docking facilities." So, within their site plan for the parking, they have to designate where these spaces are and then we can use them in their parking calculations. Ms. Bosworth asked if a definition for temporary docking facilities be added to the code. Ms. Grohall thought it would be easier to define it by not adding the temporary definition and removing the transient definition. There was discussion on the calculation method of parking spaces and dock spaces. It was determined to use one parking space for every three boat slips. Mr. Dodd suggested the wording of two spaces plus one parking space for every three boat slips, and take out of that to accommodate employees. The following people spoke: Greg Hefler, concerned about restaurant parking. MOTION by DoddlCardinale to recommend to city council approval of Ordinance 0-08- 06 with modifications to section 54-3-15.2 specifically for marinas, two parking spaces plus one parking space for every three boat slips and including existing language already in restaurants, when co-located with marinas up to ten percent (10%) of the required spaces may utilize designated temporary docking facilities. Also authorize deletion of transient live aboard from the definition. ROLL CALL: Mr. Cardinale yes Mr. Buchanan no Mr. Blais yes Mr. Dodd yes /6 ~ 3 City of Sebastian, Florida ~~ ~ ~~t~ ~~X ~~~ AGENDA TRANSMITTAL Agenda No. Subject: Marina parking requirements; Date Submitted: 6/27/08 Ordinance 0-08-06 For Agenda of 7/9/08 SUMMARY: In examining a related marina issue, it appeared that the parking ratios under our Code might be overly burdensome. On a practical basis, some of the marina uses listed in the tables may not actually need the number of parking spaces dictated in the LDC. Growth Management and the City Attorney offices presented the issue to the Planning & Zoning Commission for consideration, and they recommend the adjustments to the parking ratios set forth in the proposed ordinance. Additionally, since the proposal by the P&Z eliminates the distinction between permanent and transient slip uses, the definition of "transient live aboard vessel" is being removed from the LDC glossary section. RECOMMENDED ACTION: Move to pass Ordinance 0-08-06 on first reading and schedule first reading for August 13, 2008. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ~- /7~ ORDINANCE NO.O-08-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-3-15.2 PARgING SPACES REQUIRED BY USE CONCERNING MARINAS AND WATERFRONT RESTAURANTS; AND SECTION 54-5-22.2 DEFINITION OF TERMS TO DELETE DEFINITION OF "TRANSIENT LIVE ABOARD VESSEL"; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the parking requirements for marina uses should fit the actual use patterns; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF,SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 54-3-i5.2 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-15.2. Parking spaces required by use. The following uses shall have such parking spaces as designated by this section: Use Required Parking * * * * ~ n~„ .. c...... „i., inn ,. .. r~,.+ ,.c .. „i ~.,.:ia:...,_ Two spaces; plus One parking space for ~ ~'~ +°~-~~=~~+'~--~-~~..,,_a - ~' every three (3) boat ~ slips; plus Charter and party boats shall have one (1) parking space Marinas (including " ' " for every three occupants based on the maximum capacity s stores but ship of each such boat in accordance with the Coast Guard not tourist-oriented " " License issued to each such boat (This does not include gift shops ). "six-pack" boats", which shall be calculated at two spaces per boat); plus Rental facilities for vessels, kayaks, canoes, rowboats, paddle boats, .sailboat and sailboards of any kind, (hereinafter collectively referred to as "water transports") shall maintain one space for every three water transport. * ~ ~ ~ One and one-half spaces for each 100 square feet of gross Restaurants (sit floor area (excluding food preparation area) including down). outside customer service areas. When co-located with marina facilities, up to 10% of the required spaces may utilize designated temporary docking facilities. * ~ ~~~ Section 2. That Section 54-5-22.2 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to delete the definition of "Transient Live aboard vessel" as follows: Sec. 54-5-22.2 Definition of Terms ~ * * * ~ ~: Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, 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 provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption . The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff by Councilmember and, ~~L The Mayor thereupon declared this Ordinance duly passed and adopted this 13`" day of August, 2008. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney ~~~ m y C ~- G Y fN (O ~ ~ 3 Y y U ~ y d y Y N ~ _ N N n E a p ~ ~ 3 7+ d R N a 0 •_ Y ~ ~ {p ~ ~ N U y o s a w> y ~ U C T S ~ ~ ..! 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O O..r N r II y f0 y O RO Y N ~ .y. y ' N ~ O * ~' . o= " 3 w y ~ O R w rn a ¢ ~ p.: Y m O ~ y m a~ °_- ~ m a m o y o R N ~j X_ L_ T O w w~. a 3 n O 3 m m R 0 n E a~ O i ~~ C Vl C E N .~ N 01 C Y l6 a 0 Q r a a~ Q1 w R w .~ (0 `m a a c m 7 W N N C 0 m n O 01 Y a E a~ O y _O T 0 s N v N N R O m U m t N (0 N N N .a Vl .~ c6 `o a E a> F / 75 /~~ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 19, 2008 provide electrical service to each available boat slip or otherwise provide convenient service to provide for the lighting and maintenance needs of the dock." Mr. Buchanan suggested the beginning be changed to the electrical service may be provided to permitted docks in addition to electrical outlets that may be necessary for the maintenance or lighting of the docks. That way we would be differentiating between having docks that are usable and providing electricity to those slips for customers versus lights and just power washers, etc. on the dock. Ms. Grohall :said the city attorney suggested the terminology to read utility and lighting layout plan which would cover a wide variety of services. Mr. Stringer reviewed what was discussed: "A utility and lighting layout plan: service may be provided to slips that have been permitted and authorized for use as well as incidental service for maintenance and lighting of the docks." MOTION by Dodd/Blais to recommend to city council that they adopt revisions to Ordinance 08-05, Section 54-3-11.4(f) based on the language changes that were stated. ROLL CALL: Mr. Buchanan yes Mr. Srinivasan yes Mr. Blais yes Mr. Dodd yes Mr. Cardinale yes The vote was 5-0. Motion passed unanimously. 2. Ordinance 0-08-06 - LDC Section 54-3-15.2 - Parking Spaces Required for Marinas ~ Waterfront Restaurants Mr. Stringer presented the backup maferial. He explained that the parking requirements for marinas are exactly what the board recommended. Within restaurants, a provision was added to say, "When co-located with marina facilities, up to five percent (5%) of the required spaces may utilize designated temporary docking facilities." So, within their site plan for the parking, they have to designate where these spaces are and then we can use them in their parking calculations. Ms. Bosworth asked if a definition for temporary docking facilities be added to the code. Ms. Grohall thought it would be easier to define it by not adding the temporary definition and removing the transient definition. There was discussion on the calculation method of parking spaces and dock spaces. It was determined to use one parking space for every three boat slips. Mr. Dodd suggested the wording of two spaces plus one parking space for every three boat slips, and take out of that to accommodate employees. The following people spoke: Greg Hefler, concerned about restaurant parking. MOTION by Dodd/Cardinale to recommend to city council approval of Ordinance 0-08- 06 with modifications to section 54-3-15.2 specifically for marinas, two parking spaces plus one parking space for every three boat slips and including existing language already in restaurants, when co-located with marinas up to ten percent (10%) of the required spaces may utilize designated temporary docking facilities. Also authorize deletion of transient live aboard from the definition. ROLL CALL: Mr. Cardinale yes Mr. Buchanan no Mr. Blais yes Mr. Dodd yes 3 l~~ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 19, 2008 Mr. Srinivasan yes The vote was 4-1. Motion passed. 3. Ordinance 0-08-07 -Temporary Relief Measures for Specified Commercial Signage Mr. Stringer explained that this came about from the current economic climate and we need to be sensitive to the business community. The sign codes are stringent; they were put in around 1999 because things were getting out of hand. What staff has suggested is allow sandwich board signs to denote specials, banners for special events like grand openings, and extend the timeframe from thirty days to sixty days. The reason they are addressing this as an ordinance and not a code change is to see how well it works and prevent the changes from becoming grandfathered, if the economy picks up in a year it gives the commission a chance to say, it helped a little but not worth the clutter. This would be a temporary measure that would sunset in one year. MOTION by Cardinale/Dodd to recommend city council approve Ordinance 0-08-07 Temporary Relief Measures for Specified Commercial Signage with a re-evaluation period of one year including the measures as presented, sandwich boards, banners sixty-days, addressing the issue of a single site plan. ROLL CALL: Mr. Buchanan yes Mr. Dodd yes Mr. Srinivasan yes The vote was 5-0. Motion passed unanimously. MEMBERS MATTERS: NONE DIRECTOR MATTERS: Next scheduled meeting is for July 3~d CHAIRMAN MATTERS: NONE ATTORNEY MATTERS: Mr. Cardinale yes Mr. Blais yes Mr. Stringer complimented the commission in getting through what appeared to be a difficult agenda, quickly and effectively. Mr. Cardinale adjourned the meeting at 9:58 p.m. (06/23/08 sbl) /~~ 4 I PROPOSED 2008 ZTA #2 ORDINANCE NO. 0-08-** AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-3-15.2 PARKING SPACES REQUIRED BY USE CONCERNING MARINAS AND WATERFRONT RESTAURANTS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the parking requirements for marina uses should fit the actual use patterns; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 54-3-15.2 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-15.2. Parking spaces required by use. The following uses shall have such parking spaces as designated by this section TABLE INSET Use Required Parking * * * ~ Two spaces to accommodate employees; plus one parking space for ~~~1~~=~~~ l ,.1:., .. ~..... T,. ,. + .,1:., ., rl ~ r ~ v ~ ~~ ~ , every three (3) boat ~ slips; plus Marinas (including Charter and party boats shall have one (1) parking space for "ship's stores" but every three occupants based on the maximum capacity of each such boat in accordance with the Coast Guard License not tourist-oriented " " „ issued to each such boat (This does not include six-pack gift shops )• boats", which shall be calculated at two spaces per boat); plus Rental facilities for vessels, kayaks, canoes, rowboats, paddle boats, sailboat and sailboards of any kind, (hereinafter collectively referred to as "water transports") shall maintain one space for every three water transport. =k One and one-half spaces for each l00 square feet of gross Restaurants (sit floor area (excluding food preparation area) including down). outside customer service areas. When co-located with marina facilities, up to 5% of the required spaces may utilize designated temporary docking facilities. J ~ /~9~ Section 2. SEVERABII.ITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, 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 provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption . The motion was seconded by Councilmember _ upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this _ 2008. ATTEST: CITY OF SEBASTIAN, FLORIDA By: day of Mayor Andrea Coy /~ Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney by Councilmember and, y/ PLANNING AND ZONING COMNIISSION /~ MiI`~UTES OF REGULAR MEETING OF MARCH 6, 2008 ~. No one in public attendance spoke in favor or opposition of the renewal - MOTION by Paul/Buchanan to approve the renewal of the conditional use permit for an existing model home and parking area with the- conditions noted. ROLL CALL: Mr. Blais yes Mr. Cardinale yes Mr. Paul yes Mr. Dodd yes Mr. Buchanan yes The vote was 5-0. Motion passed unanimously. DISCUSSION - CHANGES TO LDC SECTION 54-3-15.2, PARKING REQUIREMENTS & DEFINITIONS FOR MARINA USES Chmn. Paul stated .this is just discussion and review to see what direction the commission would like to go with regard to this section of the regulations. Mr. Stringer explained that there had been a site that was approved and it had in it-transient boat slips. However, the P&Z minutes showed they talked about using the boat slips in lieu of land parking spaces. This was confusing as there are provisions in, the code for transient live-aboards. Some discrepancies are cone-to-one parking for every slip. Ms. Grohall ran a calculation showing what the current code requirements would be for a 1,200 sq. ft. commercial marina with 50 wet slips, 6 transients, a party boat that holds a max of 45 people, 5 six-pack boats and a kayak rental facility with 16 kayaks. Their .parking needs would be 76 spaces. Two big issues with that is the marina-she felt they could.downsize the parking requirements for the marina itself. The other area where the restrictions could be lessened is what is called transient slips, which are for overnight .types of boats that come in use the facilities, restaurants, bar, ete. Changing them from a 1 to 1 to a 1 to 3 would give some relief. Ms. Grohall.explained a. new category she is suggesting, called "Temporary". In the past the board has given some marinas a credit on their surface parking if they provide spaces for boats to pull up and enjoy the restaurant or bar or other amenity. This would codify that issue. She kept wet slips basically the same; as well as dry slips, charter party boats, six-pack. The one she did suggest a change is the rental facilities for small water craft like kayaks, citing one parking space per one vessel a tough standard, so she lessened that to 1 per 3 as a starting point for discussion. There was discussion about the impact of the change to any facility currently operating. Ms. Grohall said there are two that would have a positive impact. She did feel, however, that the six-pack party boat rentals should be kept at two parking spaces for every six- pack boat. Ms. Grohall explained how the marina calculations would tie into an adjoining restaurant's calculations. Mr. Stringer gave an explanation of the various boat slips and parking requirements. One is the classic wet slip where a person leaves their boat at a marina. The transient is a tourist who goes up and down the intercoastal with their boat and stops at different towns along the way and spend a few days walking around whatever is on the riverfront. Then there are slips for commercial or charter or six-pack boats. Right now the marina office is held to a separate set of parking requirements. He added that they are looking at a marina as a conglomerate of mixed uses. Marinas that also have a restaurant, what percentage of customers are coming by water and how ~.~~~ % 2. ,- / PLANNING AND ZONING COMMISSION MINUTES OF REGUL AR MEETING OF MARCH 6, 2008 many parking spaces would you allow for dockage. As an example, if a restaurant needs 50 parking spaces and we think 10% of their business will be from water rather than land, then they could set aside 5 slips without amenities for people to tie up and go to the restaurant instead of 5 on the land. So you would have 45 spaces on land and 5 on water. Also discussed was parking requirements for employees of the marina, whether office_or retail. Mr. Stringer explained that current regulations have one parking space for 300 sf of marina office space and over 300 sf requires two spaces. He asked the Commission at what square footage level do they want to increase the parking spaces. Ms. Grohall suggested just requiring a flat two spaces for marina office facility. Staff and commissioners discussed extensively the boat to parking space ratio. The consensus was 1:3 for wet slips. They then went back to the issue of transient dockage. Ms. Grohall said it would be easier to enforce if the transient ratio were the same as the wet slip ration, 1:3. Ms. King added that this would also make it easier from a code enforcement perspective as to a transient and permanent live-aboard, which is not allowed. Ms. Grohall agreed that the city should encourage redevelopment along the riverfront, especially the Florida fishing village theme and to do that they need to be very friendly to fishermen and boaters. Mr. Stringer added that staff will look within the general parking requirements, not for marinas but for waterside restaurant and hotels, and come up with credits for that portion. The outcome of the discussion was to suggest two spaces for employees per marina. Staff will work to have a distinction between something purely servicing the marina versus a retail operation/gift shop. Wet slips, rental facilities and transient all 1:3. Dry slips at 1:4 and keep charter boats and six-pack the same as currently stated in the code. Mr. Stringer said they will prepare a draft ordinance and bring it back to the commission. The definitions will be on the agenda in about a month. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: Mr. Cardinale thanked the city for the opportunity to attend the FL League of Cities conference, which was very informative. DIRECTOR MATTERS: NONE ATTORNEY MATTERS: Mr. Stringer clarified previous statements that he was not directly rewriting the comp plan. Also, the settlement with Fellsmere has been approved. Mr. Paul adjourned the meeting at 8:42 p.m. (03/10/08 sbl) ~~ 3 _ . cmr of HOME OF PELICAN ISLAND ®f~c~ ®~ tine Cnty Att®~ney 1225 MAIN STREET TELEPHONE (772) 388-8201 SEBASTIAN, FLORIDA 32958 FAX (772) 388-4420 To: Planning & Zoni Commissioners From: Rich Stringer Date: February 28, 200 Re: Discussion, LDC Marina Parking Standards A few months back I had mentioned that staff would ask you to review the Land Development Code provisions governing the parking requirements for marina uses in the City. In examining a related marina issue, it came to my attention that the parking ratios under our Code might be overly burdensome. On a practical basis, some of the marina uses listed in the tables may not actually use the number of parking spaces dictated in the LDC. Growth Management has prepared some material for your consideration, and we hope to have input from people having familiarity with marina operations. If you recommend adjustments to the parking ratios; we will bring back a proposed ordinance in accordance with your directives. ~. /~' ,3 ~' § 54-3-15.2 SEBASTIAN LAND DEVELOPMENT CODE -~ Use Required Parking Hospitals. Two spaces for each bed intended for pa- tients, excluding bassinets. Hotels, motels One space for each unit plus one space for each 440 square feet of accessory meeting foom(s). Kennels and animal hospitals. One space per 750 square feet. Libraries One space for each 300 square feet of gross building area. Manufacturing, and wholesale. One space far each 500 square feet of gross building area or one space for each employee of the shift of employees that employs the - greatest number of employees, whichever is greater, plus one space for each vehicle oper- ating from the premises. Marinas. One space for each 300 square feet of princi- pal building; plus one parking space for each - transient live-aboard vessel slip, one space for every two wet slips, and one space for every four dry slips;. plus Charter and party boats shall have one (1) parking space for every three occupants based on the maximum capacity of each such boat in accordance with the Coast Guard License issued to each such boat (This does not include "six-pack" boats"), which shall be calculated at two spaces per boat; plus Rental facilities for vessels, kayaks, canoes, rowboats, paddle boats, sailboat and sailboards of any kind, (hereinafter collec- tively referred to as "water transports") shall maintain one space for every water trans- port. Medical offices, dental offices and outpatient One space for each 175 square feet. cli-Hies. Mini-storage. One space plus one per 3,000 square feet. Model home Five spaces. Museums. One space for each 300 square feet of gross building area. 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Barbed wire fences maybe permitted by the planning and zoning commission in commerc and industrial districts if the oposed fence is a minimum of six feet and a maximum f eight feet in height an opped with no more than three strands of barbed wire. No p of any such fenc ay extend beyond the boundaries of the property of which it is in alled. (g) Required screens for garbage, refus d psters. Notwithstanding anything to the contrary contained in this section, all garb e, efuse dumpsters, regardless of the siting on the property, shall be screened on all fo sides b asonry wall, fencing, or other materials permitted hereunder, at least six fe in height, an rendering the view of said dumpster invisible from adjacent propertie and public rights-o ay. All proposed refuse dumpster screens must be approved by t building official through a issuance of a fence permit in accordance with procedures set forth in section 54-2-7.7(a). Sec. 64-2-7.8. Regulation of watercraft. The following restrictions shall apply to regularly moored watercraft: a. Regularly moored watercraft shall not be permitted as business offices or other related commercial enterprises. This provision shall not preclude the regular mooring of watercraft for fishing operations, charters, pleasure and other water-dependegt uses, provided said mooring is located at an approved private dock, commercial marina, or approved anchorage identified by the United States Coast Guard and depicted on nautical charts. b. Only minor repairs and/or maintenance of watercraft in residential areas is permitted and only when such repairs or maintenance is performed by the person who is both the owner (or tenant) of the real property and owner of the watercraft, or at his direction. c. Permanent live-aboards are not permitted in waterways within the jurisdiction of the City of Sebastian. d. Transient live-aboards are permitted within the City of Sebastian within any commercial marina within the city limits that maintains moorings and/or slips at docks for transient live-aboards, to encourage the use of the waterways of the city and to promote an increase in the economic base of the community provided the following conditions are met: i. All -such facilities shall provide litter receptacles and marine sanitation pump-out facilities as required by the Federal Environmental Protection Agency and the Florida Department of Environmental Protection. ii. Such facilities may make available to users of offshore moorings a dock expressly for the purpose of accessing said moorings by dinghy or other ,, ~ small vessel; and may charge a reasonable price for the use of said dock. Sapp. No. 1 LDC7:9 § 54-2-7.8 SEBASTIAN LAND DEVELOPMENT CODE. iii. Such facilities shall maintain records of all such moorings of transient live-aboards. (Ord. No. 0-01-13, § 1, 7-11-2001) Note-Additional watercraft regulations are set out in the city's Code of Ordinances, § 110-35 et seq. Sec. 54-2-7.9. Street access and setbacks. (a) Structures to have acce¢s Every building he after erected or moved shall be on a lot adjacent to a public street, or wit access to an ap oved private street, and all structures shall be so located on lots as to provide s e and con nient access for servicing, fire protection, and required off-street parking. (b) Setbacks established from appro streets. In the event that streets or rights-of--way are approved by the city and filed wit th clerk of the county court, or in the. event of the designation or establishment by city until of any proposed public street or road, to the extent lawful the same shall t reupon ' ediately be used as the reference point for the purpose of determining setba for new cons' ction under the terms of this ordinance. This provision shall not prevent he reconstruction o a fuuy or partially damaged or destroyed legally nonconforming structure so long as the rebuilt structure is consistent with the city's land development code and building codes. J Sec. 64-2-7.10. Regulation of obiructions to (a) Obstruction to traffic and traffic which materially obstructs traffic, and shall be no structures or planting, (b) Visibility triangles. Visibility triangles, wit which nothing shall be erected, placed, parked, planted or allowed to grow in such a m er as to impede vision between a height of two feet and eight feet above the center lines rsecting traffic ways, shall be provided as follows: (1) Vision clearance at street, alley d driveway ' tersections. A visibility triangle shall be required at all traffic irate ctions. No wall, ence, hedge, or structure within the visibility triangle shall excee a height of two feet bove the elevation of the abutting street measured at the ten erline. Dimensions of visibility triangle. The sides of the visibility triangle shall be 30 feet at street-to-street intersections and 15 feet at all other intersections. These distances shall be measured along the well-defined edge of pavement from their point of intersection. Where no well-defined edge of pavement exists, a probable edge of Supp_ No. 1 LDC7:10 ~8~ D~~firtii~~ns § 54-5-22.2 SEBASTIAN LAND DEVELOPMENT CODE Basement. That portion of a building having its floor subgrade (below ground level) on all sides. Berm. Mounding of soil which is planted with living plant material designed as a natural landscape buffer to screen incompatible land uses or to absorb or otherwise reduce nuisance impacts, such as noise, smoke, glare or other similar impacts. Boat or vessel. Every description ofpower-propelled watercraft used or capable of being used as a means of transportation on water, including all types of boats and all uses thereof. As used herein, the terms boat or vessel are synonymous with watercraft. Breakaway wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. _ Buffer strip. A pazcel or tract of land, plant material, or other landscaping that is used to separate one use from another to shield or block noise, light or other nuisances. Buildable area. The portion of a lot remaining after required yards and required open space and landscaped areas have been provided. Builder. Any person, firm, association, syndicate, partnership, corporation,. realtor or corporation who constructs residential or commercial building for sale or use by the public. Building. Any structure having a roof and supported by columns or walls and which is entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or any similar opening. Building coverage. The percentage of lot area covered by buildings and including roofed porches, decks and similar structures. Building height. The vertical distance measured from the average elevation of the finished grade within ten feet of the structure to the highest point of the roof; excluding penthouses containing mechanical equipment such as air conditioning or elevator equipment, church spires, water towers, radio antennas, etc. Building permit. For purposes of the concurrency management ordinance, a permit which authorizes the construction of a new building, or the expansion of floor area, or the increase in the number of dwelling units contained in an existing building, or change in use, shall qualify as a building permit. Building, principal. A building in which the principal use of the lot is conducted. Camper: (1) Atrailer or a semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either temporarily or permanently) and is equipped for use as a conveyance on streets and highways; or LDC22:6 § 54-5-22.2 SEFASTIAN LAND DEVELOPMENT CODE Protective barrier: A physical structure, such as protective bindings, braces or other similar noninjurious materials which effectively limit access to a protected area. Public property. All real and personal property, including leasehold rights owned by the federal, state or local governments, including all political subdivisions, authorities, or other entities to which the rights, powers and privileges of the federal, state and local government have been delegated. Public rights-of--way. Any state, county or city street, road, alley or highway or public easement acquired by city or the public by purchase, gift, devise, dedication, prescription, or otherwise within the corporate limits of the City of Sebastian. Public use. Any use of land or structures owned and operated by a municipality, county, state or the federal government or any agency thereof and for a public service or purpose. Public water and sewer service. This shall mean water and sewer systems, including pipes, rights-of--way and treatment plants, owned and operated by the city or operated under a franchise granted by the city. Recreational and landscaped open space. Unroofed or screen roofed ornamental landscaped areas and recreational areas which are easily accessible and regularly available to occupants of all dwelling units on the lot wherein the open space is located. Rooftops, porches, raised decks, parking spaces, driveways, utility and service areas are not calculated as open space. Recreational vehicle (RV). Any travel trailer, camper, boat, or trailer as defined herein. Additionally,. any portable vehicular structure that is built on a chassis, which is designed as a temporary dwelling for travel and recreation, and which has a transportable body width not exceeding eight feet and a length not exceeding 40 feet. Redevelopment. See Development. ,Regular mooring of watercraft. Any vessel moored, anchored, or docked in the same general area at least eig t hours within any day (24-hour period), for ten days, not necessarily consecutive, within any calendar month. Regulatory flood. The 100-year flood. The 100-flood is that flood which has a one percent probability of being equaled or exceeded in any given year, as indicated on the official City of Sebastian flood hazard map. Renovation. Work which changes or modifies the original size, location, materials of interior/exterior finish of the components of a building. The change may include expansion or upgrading of a building. Retention. The prevention of, or to prevent the discharge of, a given volume of stormwater runoff into surface waters of the state by complete on-site storage where the capacity to store the given volume of stormwater is again provided within 96 hours following the storm event. Wet retention refers to an area the lowest elevation of which penetrates the dry season groundwater table. Dry retention refers to an area the lowest elevation of which lies at least two feet above the wet season groundwater table. Supp. No. 6 LDC22:22 ~~,(i LANGUAGE AND DEFINITIONS § 54-5-22.2 Townhouse. Aone-family dwelling in a group of at least three and no more than ten such units in which each unit has its own front and rear access to the outside, and the units are designed with distinctive facades or varied setbacks. No unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. Trailer. Any vehicle, with or without motor power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle. .~ ~-ansient live-aboard vessel. Any vessel used solely as a residence for a period of less than 30 days in a 12-month period. Transient merchant. Any person or business entity that engages in the temporary sale of any merchandise not within an enclosed structure. The following will not be considered to be transient merchants: (1) Any merchants within enclosed structures who temporarily display their merchandise outside of the structure on their premises provided the display does not delete any required parking. (2) Any merchants who have received site plan approval from the planning and zoning commission for a specific outside sales and/or display area. ravel trailer. Travel trailer shall mean a portable structure built on a chassis designed as a temporary dwelling for travel and vacational and not used as living quarters except in a trailer park. Tree. Awoody plant having a well defined stem, a more or less well defined crown, and which is capable of attaining a height of at least 12 feet and attaining a trunk diameter of not less than four inches diameter (or 12.6 inches in circumference) at breast height (DBH). wee survey. An aerial photograph or sketch prepared to a scale no smaller than one inch to 200 feet, which provides the location, size and common name of all protected trees located on a given parcel of land intended for development or site planning as a single lot, tract, or building site. Trellis. A frame supporting open latticework used for training vines and other climbing plants. Understory. Plant coverage consisting of shrubs, herbs and vines, which because of their nature will not grow to such a height, that they will occur in the canopy layer of trees. Undesirable tree. See: "Prohibited and Undesirable Ezotic Tree." Unity of title. Recorded legal instrument combining two or more lots or parcels into one lot or parcel. Use. The "use" of property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with reference to the specifications of this zoning [land development] ordinance. i /" Q :1 Supp. No. s LDC22:31 6 V LANGTJAGE AND DEFINITIONS § 54-5-22.2 Vista. A visual corridor at ground level not obstructed by buildings, structures or portions thereof, which extends from public right-of--way to the waters of the Indian River. Visual runway. Any runway other than an instrument runway. Waiver. The act of the city relinquishing a developer and/or land owner of any of the regulatory provisions of the land development code. Water. All water on or beneath the surface of the ground including natural or artificial watercourses, lakes, ponds, or diffused surface water and water standing, percolating or flowing beneath the surface of the ground, as well as all coastal waters within the city. Water body. Any natural or artificial pond, Lake, reservoir or other area which ordinarily or intermittently contains water and which has a discernible shoreline. Watercourse. Any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermit- tently, and which has a definite channel, bed, banks or other discernible boundary.. ~[i Watercraft. See definition for "Boat or vessel'°. Watershed. A drainage area or drainage basin contributing to the flow of water directly or indirectly into receiving waters. ,~ Water-dependent uses. Activities which can be carried out only on, in or immediately adjacent to water areas because the use requires access to the water body for: waterborne transportation, including ports or marinas; recreation; electrical generating facilities; or water supply. Water-related uses. Activities which are not directly dependent upon access to a water body, but which provide goods and services that are directly associated with water-dependent or waterway uses and/or provide supportive services to persons using a duly permitted marina. Waters of the city. Includes the Indian River Lagoon, the Sebastian River, and waterways and canals within the city rights-of--way .and easements, or on other city owned property. Similarly, refers to watered routes within the city limits, potentially transitable, which were established as outlets from federal and state sovereign waterways and are subject to federal preemption; or waters over lands held in trust by the State of Florida Trustees of the Internal Improvement Trust Fund (TIITF); or waterways platted as drainage easements or canals and deeded to the City of Sebastian to be maintained as stormwater management districts, and which, from time to time, following action by the controlling body after rain events or other reason, fill sufficiently to sustain the draft of a boat or vessel thus allowing use of the waterway as a roadstead for waterborne transportation. Weir. A control structure built to direct, restrict or back up the flow of water. ~j'~ } Bupp. No. s LDC22:33 / ~~rrvitla~ of tcSES'. § 54-5-22.3 SEBASTIAN LAND DEVELOPMENT CODE (11) Funeral homes. A premises, structure or site uses as a commercial establishment for the preparation of deceased humans for burial and/or for the conduction of funeral services prior to burial or other disposition of deceased human remains. (13) Gasoline sales. Any structure, building or land used for retail sales and dispens- ing of motor vehicle fuels or oils, whether self-service or not. A service station may furnish supplies, equipment and minor repair services, including tires to vehicles incidental to selling and dispensing of motor vehicle fuels and oils. (14) Hotels/motels. A building with dwelling units for accommodation of transient guests or tenants. (15) Kennels. Facilities for the boarding of domestic dogs and cats and veterinary medical operations. (16) Manufacturing facilities. To fabricate, assemble or concoct, from raw materials, goods that are intended for sale and distribution. (17) M~ arias ~ A commercial establishment providing for the docking, storage, and servicing•of watercraft, including dispensing of motor fuel. (18) Medical services. The provision of therapeutic, preventive, curative or other corrective personal treatment services by physicians, dentists and other licensed medical practitioners, as well as the provision of medical testing and analysis services. These services are provided to patients who are admitted for examina- tion and treatment by a physician and with no overnight lodging. (19) Mini-storage. A building or group of buildings in a controlled access compound that contains equal or varying size of individual compartmentalized, and con- trolled access stalls or lockers for the dead storage of customers' goods or wares. (20) Model home. Ahouse constructed by a builder, which represents a design or type and serves as an example to be emulated or imitated. (21) Off-street parlring. An area not within a building, service area or other structure where motor vehicles may be stored for the purpose of temporary, daily parking. This definition shall include a motor vehicle display lot, or display of boats, trailers and mobile homes. (22) Parking gaxages. Governmental or private commercial buildings or structures solely for the off-street parking of operative motor vehicles. (23) Pawn shops. An establishment in which goods or property are bartered in exchange for loans or cash. Additionally, said goods or property may be sold at retail from such establishments. (24) Plant nursery. Any land used to raise trees, shrubs, flowers and other plants. for sale or for transplanting. (25) 1Zestaurants, excluding drive-through facilities and fast food services. Any establis'nment (which is not adrive-through service establishment) where the f g principal business is the sale of food, desserts and beverages to the customer in ! `~ LDC22:38 CoD~' ©F o~'_ot N~~'S WATERWAYS § 110-31 ARTICLE I: IN GENERAL -. Sec. 110.1. Authority of city to regulate waterways. The city shall have the right to regulate the use of all waterways within the city limits and the conduct of all persons using such waterways, not in conflict with federal or state regula- tions. All ordinances of the city regulating the conduct of persons on land shall also apply to persons using waterways, insofar as such ordinances are applicable. (Code 1980, § 6-3) See. 110-2. Penalty for violations of chapter. Any person violating any of the provisions of this chapter, upon conviction thereof, shall be punished as provided in section I-10 of this Code. (Code 1980, §6-15) Sec. 110-3. Refuse disposal. (a) It shall be unlawful for any person to dump or throw, or cause to be dumped or thrown, any waste material, refuse, trash, petroleum product, or other debris into any waterway of the . city `~-Y:, (b) No one shall throw, drop or leave fish, garbage, trash, refuse, bait or other debris on any dock, wall, park, parkway or other premises within the city except in proper receptacles provided for such trash or debris. (Code 1980, § 6-11(a), (c)) Cross references-Health and sanitation, ch. 50; nuisances, ch. 66; solid waste, ch. 86. State Iaw reference.--Littering, F.S. § 403.413. Secs. 110-4-110-30. Reserved. ARTICLE II. WATERCRAFT* Sec. 110-31. Definitions. The following words, terms and phrases, when used in this article, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning: Boat or vessel means and includes every description of self-propelled watercraft used or capable of being used as a means of transportation on water, including all types of boats and all uses thereof. As used in this article, the terms "boat" and "vessel" are synonymous with the term "watercraft." y'_ *Cross reference-Traffic and vehicles, ch. 98. State law reference-Vessel registration and safety, F.S. ch. 327. ~~ 1 CD110:3 § 110-31 SEBASTIAN CODE Commercial boat means and includes any watercraft used,rmaintained or operated for profit. Commercial fishing boat means and includes any watercraft engaged in fishing whereby fish caught are sold for profit, either by the owner, operator or other person. Commercial marina means a licensed facility for docking watercraft and/or providing services to watercraft and the occupants thereof, including minor servicing and repair to boats while in or out of the water, and sale of fuel and supplies. Docks which are accessory to residential uses where no boat-related services are rendered shall not be considered marinas. Floating home means any waterborne structure designed for or used primarilyas a dwelling which either does not have an operable motor on boazd at all times, or which is not capable of controlled steering for removal from the dock in the event of a fire or other emergency. Moor means to secure a vessel or boat ~iy Iine, cable or other device to any boat slip, dock, pier, wharf, dockage space or docking facility in such manner as to assure the security of such vessel Fueling stops are not included in this definition. "~ ~. Municipal docks means any bulkheads, walls, docks, approaches and appurtenances which the city owns or may construct from time to time. on property owned or acquired for that purpose. Priuate watercraft means and includes any boat or vessel used for pleasure by the owner ~ or others, where no charge is made for fishing or riding upon such vessel. '1 Short-term berths means any boat slips, piers, docks, wharves or other dockage spaces or facilities designated at the municipal docks for the mooring of a boat for a period not to exceed 12 continuous hours. Sightseeing boat means and includes any watercraft engaged;in transporting the public for hire on waterways within the city limits for sightseeing purposes. (Code 1980,.§ 6-1) Cross reference-Definitions and rules of construction generally, § 1-2. Sec. 110-32. Compliance with chapter. For the protection of property owners, the general public, and owners and operators of watercraft in the city, all watercraft of any type whatsoever, operated on or moored, docked or anchored at any place in the lakes, canals, rivers, bays or waters within the corporate limits of city and the owners, operators or occupants thereof, shall be governed by and ohserve the provisions of this chapter. (Code 1980, § 6-2) Sec. 110-33. Evidence of identity of violator. . In any prosecution charging a violation of any provision of this chapter governing the operation, mooring, docking or anchoring of watercraft, proof that•'the particular watercraft described in the citation or summons was violating a provision of this chapter, together with g ~ J CD110:4 WATERWAYS § 110-37 proof that the operator thereof was not present at the time a violation was observed, or was present and did not identify himself as the operator, or denied that he was the operator, the person in whose name such watercraft is registered shall be held prima facie responsible for such violation. (Code 1980, § 6-4} Sec. 110-34. Recognition of federal rules and regulations. All operators of watercraft are hereby charged with knowledge of and compliance with all enacted or amended regulations of the U.S. Coast Guard, U.S. Army Corps of Engineers, and other federal agencies governing boats, docks, or waterways. (Code 1980, § 6-5) Sec 110-35. Compliance with state rules and regulations governing boats. All operators of watercraft are hereby charged with knowledge of and compliance with all rules and regulations of the state governing the licensing, operation and title certification of boats, including F.S. chs. 327 and 328, as amended. Under no circumstsnces shall any vessel anchor or moor in areas that have been determined by the Florida Department of Environ- mental Protection as protected azeas for wildlife and plant life in the submerged lands. (Code 1980, § 6-6; Ord. No. 0-01-13, § 2, 7-11-O1) Sec. 110-36. Speed restrictions; water activities prohibited in certain areas. (a) It shall be unlawful for the operator of any watercraft to operate such watercraft at a speed greater than "slow-down m;nimum wake" a8 defined by Florida law, at all times such boat is within one hundred fifty (150) feet of a bridge, dock, pier, wharf, mooring or launching area, or is within a lagoon, bay estuary, canal or lake, or is at a place in the Sebastian River or Indian River which has a distance from shore to shore which is three hundred (300) feet or less. (b) Water skiing, aquaplaning or similar activities are prohibited utilizing any watercraft within three hundred (300) feet of any bridge, dock, pier, wharf, mooring or launching area, or upon any bay estuary, canal or lake within the corporate limits of the city. (c) Except for vessels performing a governmental fimction, boats powered by an internal combustion engine may not operate upon local waterways, canals and lakes within the city limits of Sebastian, however, the Sebastian River and the Indian River Lagoon are excluded from this restriction. (Code 1980, § 6-8; Ord. No. O-OI-I3, § 3, 7-11-O1) Sec. 110-37. Excessive noise. No operator or owner of a watercraft shall cause or allow excessive noise in the operation or use of watercraft or equipment thereon, including blowers, machinery, motors, horns, etc., on board any watercraft in violation of the nuisance provisions of this Code. (Code 1980, §6-10; Ord. No. 0-01-13, § 4, 7-11-O1) Cross reference-Nuisances, ch. 66. Supp. No. 26 CD110:5 ~q~ § 110-38 SEBASTIAN GODE Sec. 110-38. Health and sanitation rules; disorderly conduct, etc. All persons. on board any watercraft located upon any waterway within the city limits shall comply with all health and sanitary rules or regulations of the city, and all ordinances of the city relating to the conduct of persons, including acts contrary to health, safety, morals or public peace, and including ordinances prohibiting disorderly conduct or loud or boisterous noises which disturb the peace. All watercraftftt utilizing the waters of the city shall be maintained in a seaworthy condition, except when in a permitted repair area. (Code 1980, § 6-9; Ord. No. 0-01-13, § 5, 7-11-O1} Cross reference-Health and sanitation, ch. 50. Sec. 110-39. Trash disposal. All trash, garbage and other debris accumulated aboard any watercraft moored or docked in the city limits shall be removed from the watercraft and disposed of on land in a proper receptacle to dispose of the items. (Code 1980, § 6-11(b)) Cross reference-Solid waste, ch. 86. State law reference-Littering, F S. § 403.413. Sec. 110-40. Equipment for excrement, waste, refuse No person shall use or maintain living quarters on any motorboat, yacht, houseboat, floating home or any other type of watercraft on any of the waters within the city limits, unless such motorboat, yacht, houseboat, or other watercraft shall be equipped with a holding tank and/or chlorinator-macerator or other equipment sufficient for the purpose of containing all excrement, waste and refuse from such craft, and such wastes shall be disposed of in accordance with the rules and regulations established for the disposal of such wastes, but in no event shall any part thereof be released into any of the waters within the city. (Code 1980, § 6-12) Cross references--Health and sanitation, ch. 50; nuisances, ch. 66; utilities, eh. 102. Sec. 110-41. Reserved. Editor's note-Ord. No. 0-01-13, § 6, adopted July 11, 2001, amended § 1i0-41, which pertained to the repair of watercraft. The former section has been moved to § 54-2-7.8(b) of the Sebastian Land Development Code. Sec. 110-42. Reserved. Editor's note-Ord. No. 0-01-13, § 7, adopted July 11, 2001, amended § 110-42, which pertained to the use of watercraft as a place of business. See Code Comparative Table. Sec. 110-43. Permission required to dock or to make fast to other vessel. No person shall moor a boat to a private seawall or dock or beach if upon private property within the city without the permission of the owner thereof. (Code 1980, § 6-13) . No. 26 CD110:6 / ~~ { ~! V~IATERWAYS § 110-44 See. 110-44. Period of mooring to municipal docvs and piers. No boat shall moor. or tie up to any municipal docks or fishing piers owned by the city exceeding aone-hour limit, within atwenty-four-hour period. (Code 1980, § 6-13.1; Ord. No. 0-00-14, § 1, 6-14-00) Cross reference-Streets, sidewalks and other public places, ch. 90. Supp. No. 2s CD110:7 ~y~ ~~. G-G~'Sl'-t arts .% machinery sales use (see also egaipmerrt soles use) • 2 parking spaces; plus 1 additional space for each 30D square feet of floor azea over 1,000 square feet (Donn Ana County, N,Mer., pop. I74,b82) . 21 spaces per 1,000 square feet of gross floor area (Heierra, Mont., pop. 25,780} Minirnrtm: l per 600 square feet of gross floor area Mnsinnrnt:l per 350 square feet of gross floor area {Gfenaifte, N.Y., pop. ZB,I83) mail-order facility (see also office use, unless othetzuise specified; warehouse) • I parking space shall be provided for each 1 em- ployee (Gurnee,,liL, pop. 28,834) • 1 space for every employee, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises (Maryland Heig)rts, Mo., pop. 25,756) , • 1off-street parking space for [each] 2 employees, based upon the maximum number of employees on the premises at any time (Westmont,l)I., pop, 24,554) • 1 pazking space shall be provided for each 2 employ- ees (Madison, Wise, pop. 208,054) . 3.5 per 1,000 squaze feet {Hickory, N.C., pop. 37,222) manufactured home sales establishment • 2 per i,D00 square Feet (Hickory, N.C., pop. 37,222) Minfntrrrn: l per50Dsquare feet of gross floor area of sates and service building Mnsirrrurrr: l per375 square feet of gross floor area of sales and servfce building (San Anttntio, Tes., pop. I,244,646) Mfnfmtrrrt:2spacesforeachemployeeon maximum shift, plus requirements for offices Masiruum:3 spaces foreach employee on maximum shift, plus requirementsfor offices ()efjersort Counhj, Ky., pop. 693,6041 manufactured housing (see ako druelfing uses; mobile borne; ntabilc home pork) • 1.5 spaces per home (Sf. Cloud. Minn., pop. 59,107) ~ . 2 per dwelling unit (Hickory, N.C., pop. 37,222) • 2 spaces foz each manufactured home (Atexnnder County, N.C., pop. 33,603} manufacturing use, unless othernise specified - The greater of 1 space perempIoyee far the sumof the 2 largest consecutive shifts, plus space ger vehicle ~q~ used in the conduct of business or 1 space per 604 square feet of Floor area (Cohrnrbin, Mo., pop. 84,531) . D.6 per employee (Hickory, N.C., pop. 37,222, 1 . 1 parking space for every 2 employees on the largest shift. (Big Bnpids, Micl:., pop. ID,B49) • ]space for each 200 square feet of gross floor area or 1 space per employee, based on the number of em- ployeesduring the largest shift, whichever is greater {Nfngnra Falls, N.Y., pop. 55,593} • Z parking spaces for each 3 employees on the maxi- mum working shift, pies space to accommodate all trucks and other vehicles used in connection there- with (Dona Artn County, N.Mes., pop. 174,682) Minimum:l space For each I.5 employees based on combined employmentcountof the mainshift,plus the second shift Mnsinrrtrrr: 1 space for each employee based on combined employment taunt of the mainshift, plus the second shift {Jefferson County, Ky., pop. 693,6D4} Miuinnnn: l per employee of largest shift Masirrtur»: 1.25 per employee of largest shift {Glenvi(Je, N.Y., pop. 28,I831 r4Jinirruurt: 1.6 spaces per 1,000 square feet of floor area Mnxfmtrnt: 2 spaces per 1,OD0 square feet of floor area (Gresham, Ore., pap. 90,205) BicyclePatkfngStandard:0.1 spaceperl,ODD squaze feet of floor area (Gresham, Ore., pop. 90,205) Bicycle Pazking Standard: l per 1Dauto spaces (Mndfson, WFsc., pop. 208,054) Bicycle Pazking Standazd: 1 per 30 vehicle spaces which are 1.1 per employee (Graruf Junction, Co[o., pap. 41,498) Bicycle Parking Standard: long-term: 2, or 1 per 50 employees; short-term: 1 Qeffersort County, Ky., pop. 693,604) mnnufacturing usc, heavy (see fadustrirtt nse, heavy} manufacturing use, light (see industrial use, tight) manufachung use, medium (see industrial use, nredirtnr) marina (see also boat ntoornge jaci[ftj) . 0.6 of 1 space per boat sGp {Door Carrnty, Wisc., pop. 27,961) . 0.75 space per slip or mooring (Sturgeon Bny, Wisc., pop. 9,4371 • 1 per boat slip; 2 for hazbormaster (BFlosi, Miss., pop. 50,644) • 1 for every 2 berths (CnrcinnatF, Ohio, pop. 33I,285) FRarr..; ~rn~e~c~yv P~att~c,-- R-ssscx:~~(c~- mnrf»e sates and serrricr use estnGifs/anent marfrur • 1 per slip (Hickan,•, N.C., pop. 37,222) . 1 space for each 2 boat sups (Cocoa Benclr, Fla., pop. I2,4B2} . 1 per 5 slips, plus 5 per 1,000 square feet of gross floor area lSt. Mary's County, Md., pop. B6,221) • 1S per slip or berth (Burlington, Vt., pop. 38,889) • 2 per slip or berth (Tampa, FJa., pop. 303,447) • 2 for every slip or mooring (Waylrtnd, Midr., pop. 3,939) Minimum: l per boat slip Mnximunr: 1.5 per boat slip (Cle~milte, N.Y., pop. 2B,IB3) Bicycle Parking Standard: 1 space per 40 berths {Greslrnm, Ore., pop. 90,205) marine sales and service use • 1 per IO slips, plus I for each employee (St. A4nn~'s County, Md., pop. 86,2I1} • 1 ofE street parking space per each 500 square feet of gross floor area, except areas used exclusively for storage or loading (Smr )mart Cn)iistrarro, Calif., Y°-• 33,826) • lspaceper2,OOOsquarefeetofsalesarea(Btoorrrington, Jrul., pap. 69,29I) • 1 far every 900 square feet (Cinrinuati, O/rio, pop. 33I,285, • lparkingspaceis.requiredper300squarefeetfCora- Springs, Fla., pop.1I7,5491 marine terminal (see also traresportatiau ternr(unl; ranter tali sernice} • lspaceofearhl,DOOsquarefeetoffloorazea(Thornton, Colo., pop. 82,384) 126 • 1 parking space shall be provfded for each 2 employ- ees (Mnduar, Wlsc., yep. 208,054; GnitlrersLurg, Md., pop. 52,6I3) • 1 per 2,000 square feet (Champaign,111., pap. 67,518) • i per employee, plus vehicle area lanes•sized to accrommodate planned ferry capadty and trip gen- eration (5t. Mary's County, Md, pop. 86,2I2) • Iper20DsquarefeetofgrossAoorazea(Ft.Latrderdnle, Fla., pop. 252,397) • iforevery2,000squarefeet(Cincinnati,Oluopop.332,285) market research service (see also call terrier; office use, unless otlr ise specifie telemarketing officr) • 1 space per 25 square feet uea:a, Knrrs., pop. 40,238) • 1 space for ea emp[o ee on the largest shift or 1 space per 500 ware eet, whichever Is larger (St. Helens, Ore_, pop. 0, 9) martial arts studio • 0.33 per studen [n ewoad, O1rio, pop. 56,646) • 1 space per I5 squat feet of floor area (Drrncnnvifle, Tr.•x., pop. 36, I) . Parking eq alto 3D pert t of the capadty of persons (Minuerrp is, Mirrrt., pop. 82,6IB) • I space er 100 square fe excluding locker rooms (J2ic)urrd orr, Ter., pop. 9T,8 ) . Minin rrnr: l space for each 300 square feet of gross floor area Matirrrrrnr: l space for each IODsquare feet of gross floor area (Jefferson County, Ky., pop. 693,604) massage establishmenf (see also Jrenlilr spa) • 9 per 1,000 square feet of gross floor azea (Racine, Wisc., pop. 81,855) l lndian River County: (35) Marinas. One space per three hundred (300) square feet of principal building area plus one space per three (3) boat storage spaces or slips and one (1) space per boat slip designated. for live-aboard vessel use. Martin County: Marina, commercial I 1 space/5 wet or dry slips plus 1 space/employee ~ City of Stuart: Marina 1 per 5 boat slips, plus 1 space per employee City of Melbourne: 36) Marinas (Commercial)--One (1) space for each two (2) slips in wet storage, one (1) space for each four (4) spaces in dry storage, and one (1) space for each three hundred (300) square feet of sales area. Brevard County: t. Marinas: One space per two slips in wet storage and one space per two boat spaces in dry storage, one space for each 300 square feet devoted to sales and service, and 25 spaces per boat ramp or hoist available to the general public. Zoe c Der u ~~ ~- stc.crtz-~s~aris ~. nrrrrinrt ^ marina (See nlso boaf Livery; moornne, . cornnrerciat; part and t[nrbor futilities; ranter-deperrdentrue;ruaterfront,rnarine- • boat zar[e) Watetfront establishments whose business is offering the sale or rental of boats and marine sporting equip- mentand the servicing; repair, or storage of same. Such establishments may•also provide travelift services, slip rental, gasolme, sanitary pumpout service and food, diurk and transient lodging accom- modations. (Bnyfietd Counh~, Wisc.) A use of land involved [n the operation of a marina including structures and ac- tiviUesnormally integral to the operation of a marina, such as servicing, fueling, pumping-out, chartering, launching, and dry-storage of boats and boating equip- ment (Cteanuater, FIn.) s maritime activities (See also yort nrrd harbor facilities; water-depender[t use) Activities required for, supportive of, or commonly associated with the construc- tion, repau, operation, storage, loading, and unloading of beats, waterfront dock and port facilities, marinas, navigation aids, boat fuel and equipment supply, ground-level parking incidental to such uses, and other activities the primary pur- pose of which is to facilitate maritime trade. (Partinrrd, Mnine) Adorkorbasinwhereslips,m~gsand often supplies, repairs, and other services. are availabl~Eor waft ( uincy, Mass) . Any facility for the mooring, berthing, storing, or securing of watercraft (pic- tured at rlght),but not including mmmu- nitypiersand other nontomnierciaiboat docking and storage facilities. A marina may include boat sales, boat fuel sales, boat construction, boat repair, marine equipment sales, or promotional events, boat and jet ski rental, and other uses clearly incidental to watercraft activities. (Cecil County, Md.) An establishment providing docking, moorage space, and related activitieslim- . ited to the provisioning or minor repair of pleasure boats and yachts, and acces- sory facilities inciudingbut not kimited to showers, toilets, and self-service laun- dries. (King Corurty, Wnsh.) A facility for secure mooring of boats, in- cluding facUiUes for storage and repsu of boats and sale of boating supplies and Fuel, for use by the owner' or resident of the lot, and those other than the owner oc resident of the lot, upon which. the facil- ity is located. (lrrginia Bench, Va.) ^ marine service station Amarine re- tailsales and service use in whrch Fuel For boats is sold, and where accessory uses including but not limited to towing cr minor vessel repair may also be provided. l (Scuttle, Wash) ^ market study The process of ana- lyzing and interpreting data relating to a proposed [retail} center, - uding ex- tent of the tra~e area to b erved, char- estnbtishrnent along and projecting beyond the wall of the building, generally designed and con- structed to provide protection from the weather. (Cmuord, N.C.) ^ marsh (See also swmrep; ruetIand defi- nitions} A type of wetland where the soil is usually waterlogged during the growing season. Vegetation includes cat- tails,bulrushes, spikerushes, grasses, and various other marsh plants. {Wayr[e County, Dhio) An area periodically or permanendy cov- ered with shallow water, either fresh or saline. (California Planning RoundfabIc) rat mass transit (See trnresitj ^ massage ,The manipulation of body muscle or tissue by rubbing, stroking. kneading, or tapping, by hand or me- chanical device. (Concord, N.C.) ^ massage establishment (Seealsa Lenlth spa) Any building, room, plate, or es- tablish[nentotherthan aregularly licensed and established hospital or dispensary where nonmedical asnonsurgkca! manipu- lative exercises or devices are practiced upon the human body manually or other- wise by any person other than a Ucensed physician, surgeon, dentist, occupational • or physical therapist, chimpractor, or os- teopath with or without the use of theca- - peutic, electrical, mechanical, or bathing devices. Shall also include any bathing acteristics of th poputat oncona[nons, competitive Intl ences of other shop- ping centers; ode ac of the site, and any other factors t a might influence the success or fail re of the center. (Waukesha, WiscJ ^ market value ce n o fnir-rrtrtrket vnh[e) The esti ated p 'ce a property will bring in the pen mar et and under prevailing ma et conditi ns in a sale between a w' ling seller and a willing buyer,bothc nversantwiththeproperty and with prevailing general price levels. (Linringtorr, Mnfne) ^ marquee (Seenlso arunirrg) A perma- nent, roofed structure attached to and supported by the building and projecting over public property. (Sedona, Ariz.) establishment. (Gr[nree, III.) Any permanent roof-like structure pro- _ Any establishment having a Fixed place • jetting beyond a building or extending ofbusinesswhereanyperson,Pirm,as~ ~~[+e`' ~L}12.tC~ P~RyuNt[v(..- /~S~r~Tlrtr r`14 P~NNE:L~ L~1C71<M/4~~y~[ oZCb ~O Z ~ a= ~~,BA~"T ~.. a~-~. HOME OF ~ gELiGR[V ~ISi1-,ND AGENDA TRANSMITTAL Subject: (~ -~8-~1 ~' Agenda No. Land Development Code Amendment allowing Department Oric For r ief measures in Commercial Signage. City Attorney: _ • City Clerk: App , ed~ Submittal by: Date Submitted: Mana Exhibits: Ordinance No. 0-08-07 Minutes from Planning and Zoning Commission meeting of June 19, 2008 Minutes and backup material from City Council meeting of May 14, 2008 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A SUMMARY Per the direction of City Council at its May 14, 2008 meeting, modify the Land Development Code regulations to enact temporary relief measures for commercial signage. RECOMMENDATION Move to pass Ordinance 0-08-07 on first reading and schedule second reading for August 13, 2008. 2~3 Z~~ ORDINANCE NO. 0-08-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ENACTING TEMPORARY ECONOMIC RELIEF MEASURES RELATING TO COMMERCIAL SIGNAGE; PROVIDING FOR SEVERABILITY, CONFLICTS, EFFECTIVE DATE, AND REVIEW AND REPEAL. WHEREAS, City Council has determined that it is appropriate to provide relief measures to commercial sign restrictions to assist the business community in addressing the current economic downturn; and WHEREAS, the Planning and Zoning Commission reviewed these measures at its meeting of June 19, 2008 and recommend adoption of the same; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the City of Sebastian hereby enacts the following relief measures in response to the current economic downturn: A. Sandwich Board Sims. Notwithstanding City Code Section 54-3-16.4(10) and 54-3-16.5(d), Sandwich Board Signs will be temporarily permitted in the CRA District, subject to the following regulations: 1) Sandwich Board Signs are self-supporting A-shaped freestanding temporary signs with only two visible sides that are situated adjacent to the business being advertised in the sign. 2) A temporary sign permit is required prior to the installation of the sign. Only one temporary sign permit for a sandwich board sign is allowed per business and such permit is not transferable. Permits are valid for one calendar year beginning January 1, and ending December 31. 3) A sketch including dimensions, content, materials, and location of the sandwich board sign must be attached to the permit application. The permit application must be approved and signed by City Staff before the sandwich board sign may be displayed. If a sign is displayed prior to obtaining a sandwich board sign permit, application may be denied. 4) The maximum area shall be seven (7) square feet per side of sign with the maximum height being forty-eight (48) inches. 5) Sandwich board signs shall not be illuminated, nor shall they contain moving parts or have balloons, streamers, pennants, or similar adornment attached to them. Attaching sandwich board signs to structures, poles, objects, signs, etc. by means of chains, cords, rope, wire, cable, etc. is prohibited. Signs shall only be displayed during business operating hours. 6) Sandwich Board Signs shall not be erected or maintained in a manner that prevents free ingress or egress from any door, window or fire escape and shall not be placed more than six (6) feet from the front primary entrance of the business, however, businesses without roadway frontage that are located within a site fronting a roadway shall be allowed to place such signage in a location equivalent to other businesses located within the site. 7) Sandwich Board Signs may be placed within public right-of--way, but shall not be placed within the travel lanes or parking areas, or in a location 2~ causing the width of the sidewalk to be reduced below four (4) feet in width. 8) If the sign is to be located within the public right-of--way, business owners shall sign a disclaimer that indemnifies the City and any other relevant governing body of any liability for use of said public right-of--way. However, 9) Sandwich board signs within the public right-of--way may be moved/removed by the City for municipal purposes. (i.e. law enforcement, traffic issues, maintenance, etc.). 10) Sandwich board signs placed in violation of this section will result in immediate removal of the sign and the business's temporary sign permit privileges will be denied for the remainder of that year. Sandwich board signs displayed without approved permits shall be disposed of at owner's expense. 11)Right-of--Way along U.S. Highway 1 and Sebastian Boulevard (County Road 512) is under the jurisdiction of the Florida Department of Transportation or Indian River County; and compliance with the requirements of the City of Sebastian does not preclude enforcement of other regulations and restrictions by those agencies along those roadways. B. Grand Opening/Special Event Signs. Notwithstanding City Code Section 54-3- 16.4(10), the maximum allowable time period for temporary signs for grand openings and special events will be sixty (60) days rather than the thirty (30) days provided by Code. Further, banners may be approved as a part of such temporary displays. Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, 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 provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. ~~ \ Section 5. REVIEW AND REPEAL. This Ordinance shall be placed on the agenda for review at the first regular City Council meeting occurring more than one year following its effective date. Absent a majority vote of Council to extend the measures herein, the provisions of this ordinance shall be deemed repealed. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of August, 2008. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Andrea Coy Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney ?~ 2bfr PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 19, 2008 Mr. Srinivasan yes The vote was 4-1. Motion passed. ~~~j- 3. Ordinance 0-08-07 -Temporary Relief Measures for Specified Commercial Signage Mr. Stringer explained that this came about from the current economic climate and we need to be sensitive to the business community. The sign codes are stringent; they were put in around 1999 because things were getting out of hand. What staff has suggested is allow sandwich board signs to denote specials, banners fer special events like grand openings, and extend the timeframe from thirty days to sixty days. The reason they are addressing this as an ordinance and not a code change is to see how well it works and prevent the changes from becoming grandfathered, if the economy picks up in a year it gives the commission a chance to say, it helped a little but not worth the clutter. This would be a temporary measure that would sunset in one year. MOTION by Cardinale/Dodd to recommend city council approve Ordinance 0-08-07 Temporary Relief Measures for Specified Commercial Signage with a re-evaluation period of one year including the measures as presented, sandwich boards, banners sixty-days, addressing the issue of a single site plan. ROLL CALL: Mr. Buchanan yes Mr. Dodd yes Mr. Srinivasan yes Mr. Cardinale yes Mr. Blais yes The vote was 5-0. Motion passed unanimously. MEMBERS MATTERS: NONE DIRECTOR MATTERS: Next scheduled meeting is for July 3~d CHAIRMAN MATTERS: NONE ATTORNEY MATTERS: Mr. Stringer complimented the commission in getting through what appeared to be a difficult agenda, quickly and effectively. Mr. Cardinale adjourned the meeting at 9:58 p.m. (06/23/08 sbl) 4 Zoo; Regular City Council Meeting May 14, 2008 Page Seven Mr. Paternoster asked the City ttorney fcr the legaliti son disclaimers to prohibit lobbying, and the City Attorney said you ca ut it in the RFP ough an experienced public contractor knows he is not to lobby. Ms. Simchick again noted the motion wa cla ' ied to be for an RFP and not a bid. The City Clerk noted that Mr. Neglia made the motio and asked if he was changing it from bid to RFP and he said he was, and Mr. Patem to confirmed the second. Mayor Coy again said public input w allowed •ring the special meeting and this time was for Council deliberation. Result on the roll call vote was,~s follows: Ayes: Paternoster, Simchick, olff, Coy, Neglia Nays: None Passed 5-0 Mayor Coy called recess at 8:35 p.m. and reconvened the meeting at 8:45 p.m. All members were present. 9. Items Not Addressed at the April 23 2008 Regular Citv Council Meeting 08.054 A. Land Development Code Business Sign Change Recommendations (GMD Transmittal. Memo -Same Backup as Provided for April 23 2008 Meeting} The City Manager briefly presented staff recommendations to change code provisions to allow sandwich board type signs. Beth Mitchell, Sebastian River Area Chamber of Commerce, submitted a handout from Small Business Administration on the importance of signage (see attached), and thanked Council and staff for being responsive to businesses. Cindy Falco-DiCorrado, concurs with allowing this type of signage. Damien Gilliams, 1623 US 1, commended staff for getting this done, however, a lot more needs to be done, and recommended a summit, said we need more parking, said homeowners are also hurting and suggested a big garage sale in our park once per month until things turn around. Mr. Paternoster said he is all for this and talked about permanent signs much like those in the historic area of Melbourne. He asked the City Manager if signs have to be according to the old fishing village theme. The Growth Management Director recommended wood framed, chalk board style or white board style, not plastic. Mr. Neglia agreed, but was concerned about pennants and flags. Mayor Coy thanked staff for getting this back and said she was in favor. ~~i O~ Regular City Council Meeting May 14, 2008 Page Eight Ms. Simchick said she would not want to specify no vinyl signs because of the weather and extending grand opening to sixty days is fine. ~11r. Wolff said the sign material should not be stipulated by the City and agreed to the sixty days. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to approve the LDC business sign change and disregard the stringent regulations on sign type and allowing for vinyl and extend to 60 days passed on a voice vote of 5-0. The City Manager described the approval process and said staff will act accordingly with Council's recommendation. The City Attorney said we will suspend enforcement until that time. 08.055 B. Liberty Park Planned Development Discussion (GMD/City Manager Transmittal, Memo Plan Maps Letter, Q & A from Developer's book -Same Backup as Provided for April 23, 2008 Meeting) The City Manager said this is County project and as d if Council has any concems that staff will take them to the Coun The Growth Management Directo aid Liberty rk is a Planned Unit Development Traditional Neighborhood Design w ich comp ses 637.53 largely outside the urban service area and is located south of CR510 d we of 66~' Avenue (Schumann Drive). Further information on the project is located in a Benda packet in a memo from the Growth Management Director dated April 16, 2 8. Todd Klitenic, Barber Street, Sebastj6n, said\this looks like a good project Andrew Kennedy, P & S Prope s, representi the developers who are local investors, noted attendance by Engineer Brian Goode an Joseph Schulke, listed the rest of the team who were not in attendance, escribed the prope for which they are receiving positive support and then responde to questions and conc ms from City Council relative to children in the development bein iven preferential treatme t to attend Liberty Magnet School, where the mitigation o n areas are and their relation to Sebastian, which Joe Schulke described and are se out in the agenda packet, concerns to the City of Sebastian such as fire service, salarie or fire personnel and City road impacts, what the cost of the homes will be and whether there will be affordable housing, and how they will fill housing in this time of housing problems. Mr. Kennedy said they were donating property for a fire station and that he can get back to them on housing costs. Ms. Simchick said she would like to see traffic issues such as Barber/Schumann and US 1/Hess worked out now with the City as the developers have done for the County. Brian Goode, Kimley Horn, responded to traffic concerns relating to the Barber/Schumann intersection. ~~~ art a ~~~~ HOME OF PEUGN IStnPiD AGENDA TRANSMITTAL Subject: Agenda No. ~$.D~y C MMERCIAL DISTRICT SIGNAGE Department Origin: GMD City Attorney: r or Submittal by: City Clerk: Date Submitted: 15 April 2008 nn r, Cit Mana er Exhibits: Grohall Memo EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A SUMMARY Per Council direction, attached is a memo from Rebecca Grohall concerning recommendations on changing commercial district signage regulations. Enciosed are concepts for "sandwich" style signs and thoughts on special sale events and grand openings. Please keep in mind that any change to these regulations requires a change in the Land Development Code. RECOMMENDATION Seek Council direction to modify code accordingly. 2~2 CtiY OF ~~~~~J~1 ri`,~~~~~ HOME OF PELICAN ISLAND City of Sebastian Growth Management Department 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 MEMORANDUM DATE: April 7, 2008 TO: Al Minner, City Manager FROM: Rebecca Grohall, Director SUBJECT: Signage in Commercial Districts I am presenting you with several ideas for signage for City .Council input. These ideas have the potential to provide relief to local businesses in the form of increased advertising options for businesses located both within our Community Redevelopment Area (CRA) and the other commercial corridors. Sandwich board signs These are currently prohibited by the Code. However, 1 am recommending they be considered for use within the CRA area (east. of the FEC tracks). Sandwich board signs are self supporting A-frame free standing temporary signs with two visible sides. Sandwich signs, which are on the street/pedestrian level, would also have a secondary impact by encouraging and promoting "walkability" of our downtown and historic districts. Sandwich signs can be extremely functional for local businesses, esp. with tight budgets for media advertising -they can advertise a "daily special", promote a specific item or just encourage folks to stop in. These signs would be limited to 7 square feet per side (ex. 3 ` x 4 `) and placed in proximity to the primary entrance to the business during business hours only. They must be placed in a manner as to not impede pedestrian, bicycle or vehicular access. Each business would be limited to one sandwich board sign. Materials should be wood or wood-like materials that promote the "Florida fishing village" theme or an aesthetic style compatible. Please refer to Illustrations A and B for samples. Z!3 Page 2 Grand Opening and Special Event signs Currently our code prohibits banners and portable signs, except fora 30 day "Grand opening" event (which is anticipated to be a one time event) and for short periods of time (i.e up to 3 times a year, but not to exceed a cumulative fourteen days for each event). Currently the code does not allow for pennants (flags). I am recommending Grand Opening signs be allowed fora 60 day period (double the current code) and that Special Event signage be allowed to include the use of pennants (flags) as part of the event (subject to the same 60 day criteria). This would not be limited to the CRA district, but in effect for ALL commercial districts. "Sidewalk" Sale events While this isn't strictly related to signage, currently there is no code provision for "Sidewalk" sales. However, many "Main Street" revitalization programs utilize this as a tool for promoting local businesses and consideration could be given to legalizing these type events. A suggestion would be to develop two dates per year for coordinated sidewalk sales, perhaps in conjunction with a community festival. This would not be limited to the CRA district, but in effect for ALL commercial districts. Illustration A: Wood framed chalkboard style sandwich board signs Illustration B: Other options-for Sandwich Board Signs ~'~1--~, l v '~ Fmr trts rr„~ z~r+YU~d rhr prr~rdd. .1 :,::± H 7 i ~ r~~ro.. IYr, ~`?",`I~4_f ~ ~rif dz"!ii[ h': r, a!Y~:K.i xll ~f ~~.~~~~ ~Lt[ti-Pri, ~~ ~ ~ www,t'c® t.1d~~enm City of Sebastian, Florida ~~I~~. ~ `TI~~ CITY ~~"T~I~Y~~ AGENDA TRANSMITTAL Agenda No. ~ ~ • ~ ~ 7 Subject: Code Enforcement order #07-03445; Date Submitted: 7/2/08 Settlement of KBHome lien For Agenda of: 7/9/08 SUMMARY: On August 21, 2007 an order was entered against KBHome by the special Magistrate for failure to remove the sales center trailer in Sebastian River Landings upon completion of sales therein. The trailer was finally removed 137 days after the time set for compliance, with a resulting fine of $34,250, plus costs of $30.84, plus interest. KBHome has requested that the City compromise the amount of the fine and release the lien, and a check has been proffered in the amount of $5200 for executing a release of the lien. It is the opinion of my office that compromise of a code enforcement lien is the prerogative of City Council. In considering the offer, Council may want to give consideration to the degree of noncompliance while keeping in mind the directive of state statute that the primary goal of code enforcement is to achieve compliance rather than to punish, further recognizing that KB has ceased doing business within the region (which, additionally, makes collection of the lien more difficult. RECOMMENDED ACTION: Consider offer to compromise fine amount and authorize release of the lien in Code Enforcement Case #07-03445 for the amount of $5200. REVIEWED BY CITY CLERK: ~ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGE Z l~ ~ CITY OF SEBASTIAN CODE ENFORCEMENT SPECIAL 1~,GISTRATE CASE N0.07-03445 IN THE MATTER OF: KB Home Treasure Coast LLC RESPONDENT. FINDINGS OF FACT, CONCLUSIONS OF LAW. AND ORDER THIS CAUSE came on far public hearing before the Code Enforcement Special Magistrate of the City of Sebastian, on August 21, 2007 after due notice to the Respondent, and based on the evidence presented the Special Magistrate makes the following: FINDINGS OF FACT 1. That Respondent KB Home Treasure Coast LLC is the registered owner of the property at 177 Stony Point Drive, located in Sebastian River Landing, Phase I, in Sebastian, Florida. 2. That Respondent maintained a temporary trailer as a sales office at the site for sales of homes within that subdivision. 3. That Respondent was notified on July 11, 2007 that the property was in violation of Sec. 54- 2-7.13 of the City's Land Development Code, which states that such trailer must be removed within ten days after completion of construction or after the issuance of a certificate of occupancy, whichever comes first, and Respondent was given thirty (30) days in which to remove the office trailer from the premises. 4. That more than thirty (30) days have passed since Respondent was notified of the code violation, and the trailer has not been removed. WHEREFORE, based upon the aforementioned Findings of Fact, the Code Enforcement Special Magistrate makes the following: CONCLUSIONS OF LAW That the Respondent KB Home Treasure Coast LLC is in violation of Section 54-2-7.13 of the Code of Ordinances. l~ WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ORDERED as follows: That Respondent shall remove the sales trailer from the property located at 177 Stony Point Drive, Sebastian, Florida within forty-five (45) days. REI~TDERED this ~~~day of , 2007, in Sebastian, Florida. CITY OF SEBASTIAN, FLORIDA ~~ Robert A. Ginsburg, Special Magistrate A true and correct copy hereof was delivered to Respondent by hand delivery/certified mail this ls~ day of ~u ~ s Y , 2007. ~~~~ ~ ~~ Clerk, Code Enforcement Z i~ \ CITY OF SEBASTIAN CODE ENFORCEMENT SPECIAL MAGISTRATE IN THE MATTER OF: KB HOME TREASURE COAST LLC 177 STONY POINT DRIVE, SEBASTIAN, FL RESPONDENT. ORDER IlVIPOSING FINE CASE NO. 07-03445 1888827 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2224 PG:1303, Pagel afi 1 12/03/2007 at 04:14 PM, JEFFREY K BARYON, CLERK GI= COURT THIS CAUSE came before the Code Enforcement Special Magistraie of the City of Sebastian, on November 13, 2007 for consideration under the FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER entered in this cause August 21, 2007, and it being proved that the property remained in noncompliance for 40 days, from October 5 through November 13, 2007, and in consideration of the circumstances herein, it is ORDERED: 1. That a tine of $250.00 is hereby imposed for each day that Respondent remained in noncompliance with the above-described Order, for a total fine of ten thousand dollars ($10,000). Said fine shall continue to accrue at a rate of $250.00 per day for each day after November 13, 2007, until Respondent demonstrates that the property has been brought into compliance. 2. In addition to the fine, this Order Imposing Fine shall include administrative costs consisting of $20.84 in certified mail fees for required notifications and $10.00 in recording fees. 3. That a certified copy of this Order be recorded as a lien in the amount of ten thousand thirty dollars and 84 cents ($10,.030.84) in accordance with the provisions of Code of Ordinances and the laws of the State of Florida. DONE AND ORDERED this ~ day of November, 2007. CITY OF SEBASTIAN, FLORIDA ~~~ Robert A. Ginsburg, Specia iagistrate A true and correct co~py/ hereof was delivered to Respondent by hand delivery/certified mail this /3~z day of /y~.~-~ , 2007. ~2~Q,tcca ~. ~2v~ Clerk, Code Enforcement ~~cEIV~D April 4, 2008 ASR 1 < ~~~~ P ~ ~ Grov~h ~l~~n'~. Direct Line: 407-587-3492 Email: jcamp@kbhome.com VIA Regular Mail Ms. Rebecca Grohall, AICP Director of Growth Management City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Sebastian River Landings Phase 2, Case No. 07-03445, Order Imposing Fine, BK:2224, PG: 1303 as recorded in the Public Records of Indian River County, Florida Dear Ms. Grohall: As you are aware, due to unfortunate circumstances a violation occurred and a fine was imposed on KB Home Orlando. KB Home Orlando desires to resolve the above-referenced matter and would like offer to settle this fine in the amount of $5,200.00. We are requesting the City take this offer into consideration. If you have any questions about the foregoing, please do not hesitate to contact me at (407) 587-3492. Very truly yours, Jeremy W. Camp C~~ Sr. Forward Planning Manager cc: Reed Berlinsky, KB Home Scott Cookson, KB Home 9102 Southpark Center Loop, Suite 200 ~ Orlando, Florida • 32819 Phone: 407-587-3400 • Fax 407-587-2340 2i9 zZv cm r' ~ , ~~ `r ~~ - F9ON[E of P~t.ICAN lSt14Nt? AGENDA TRANSMITTAL Subject: Agenda No. a~- S'~' OUTDOOR MOVIE PROGRAMMING Department Origi .yrf~j ouncil City Attorney: J)~` Ap ve r Supmittal by: City Clerk: Date Submitted: 30 Jun 08 i e , Cit Manager PENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A SUMMARY In the past Council briefly discussed the idea of conducting outdoor "drive-in" movies as a community program. The idea regarded conducting large-screen movies in Riverview Park. The City Manager was requested to investigate the idea. More recently, at the June 25, 2008 Regular Meeting, this item was mentioned during Input from the Public and Council requested information. As a result, I stated that I would prepare a report and place this item on the July 9, 2008 Agenda for discussion and direction. Since the June 25t'' meeting, I asked Chris McCarthy to "freshen-up" his data. Accordingly, I offer you the following report. At this time, Indian River County Recreation Department, in conjunction with Point West, holds the "Screen on the Greens" program. Our contact for this information was Scott Seeley, Special Events Coordinator. The County conducts this event every third Saturday in the months from October through March (no December movie). The movies are played in an open field at Point West and the crowds are estimated between 350 (low) to 800 (high). Movies are selected by the County, with consultation from Point West. D.J. Johne (Gainesville, FL) is the movie vendor at a cost of approximately $1,000 per show. The large screen is about two-stories high and all sound system is provided by the vendor. In this public/private partnership, Point West pays for the cost of the movies, while the County provides all the staff for set-up and clean-up. For comparison purposes, Chris McCarthy also inquired into another company named Twilight Features (Plantation, FL). This firm is a marquee entertainment provider and would charge approximately $3,500 per show. Twilight indicated that price may be reduced it at least four months of shows are booked. Should the City of Sebastian be interested in hosting and conducting our own shows, we also did some very preliminary research on purchasing screens, projectors and sound systems. This cost would range in the neighborhood of $25,000 - $30,000. Some additional research would be required on rental of movies. This activity can be funded with general or CRA funds. Funds from these sources can also be used whether the City contracts this service or purchase equipment. RECOMMENDATION No action is required on this information topic. This report is provided to seek Council direction. r~