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HomeMy WebLinkAbout03112009crrv of -~~N~ U~r HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH 11, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda CALL TO ORDER 2. INVOCATION -Father Morrissey, St. Sebastian Catholic Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 09.046 A. Presentation of Certificates of Completion to Mayor Gillmor and Vice Mayor Hill for the Institute for Elected Municipal Officials Sponsored by John Scott Dailey Florida Institute of Government and Florida League of Cities in January Brief Announcements 7. 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. !f 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. 1-14 A. Approval of Minutes - 2/18/09 Workshop 15-27 B. Approval of Minutes - 2/25/09 Regular Meeting 8. 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 this heading. 9. PUBLIC HEARINGS -None 10. UNFINISHED BUSINESS 08.093/09.048 A. Resolution No. R-09-11 -Adopting Economic Development Plan -Revised from 29-43 2/18/09 Workshop (City Manager Transmittal, R-09-11, Draft Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A DRAFT ECONOMIC DEVELOPMENT PLAN FOR THE CITY OF SEBASTIAN DATED MARCH 2009 AND USING SUCH PLAN AS THE GROUNDWORK FOR A FINAL ECONOMIC DEVELOPMENT ELEMENT TO BE INCORPORATED INTO THE CITY OF SEBASTIAN COMPREHENSIVE PLAN AT A LATER DATE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 09.021 B. Billboard and Other CRA Advertisement (City Transmittal, Thumbnail Billboard 45-55 Recommendations) 11. PUBLIC INPUT 12. NEW BUSINESS 09.049 A. Beth Mitchell -Executive Director -Sebastian River Area Chamber of Commerce - Update on Chamber Activities and Proposed Renovation 09.050 B. Deshea Aviation Airport Lease Amendment (Airport Director Transmittal 57-so w/Assignments 1 and 2, First Amendment of Aviation) 09.051 C. Resolution No. R-09-12 -Consider Airport Voluntary Flight Procedures (Airport Director s1-1o4 Transmittal, R-09-12, Rules Brochure, Prior Resolution R-93-38) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE ADOPTION OF AIRPORT VOLUNTARY FLIGHT PROCEDURES; DIRECTING THE CITY MANAGER TO IMPLEMENT THE PUBLICATION OF SAID PROCEDURES; PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR EFFECTIVE DATE. 09.047 D. Resolution No. R-09-13 -First Amendment to Lions Club July 4th of July Agreement 105-137 to Alcoholic Beverage Sales Through 2010 (City Manager Transmittal, R-09-13, First Amendment, Lions Club Request) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A FIRST AMENDMENT TO THE JOINT PROJECT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND LIONS CLUB OF SEBASTIAN, INC. IN REGARD TO THE 4T" OF JULY CELEBRATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE 09.052 E. First Reading of Ordinance No. 0-09-02 -Water Restriction Ordinance Amendment - 139-154 Set Public Hearing (City Clerk Transmittal, 0-09-02, Current Code Language, SJRWMD Brochure) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY CODE OF ORDINANCES CHAPTER 102, SECTIONS 102-76 THROUGH 102- 84 PERTAINING TO THE "CITY WATER RESTRICTION PLAN"; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 2 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Simchick B. Council Member Wolff C. Mayor Gillmor 09.053 i. Working Waterfronts Program (DCA info) 155-159 D. Vice Mayor Hill E. Council Member Coy 17. 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. All City Council Meetings are Aired Live on Gomcast 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 IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: March 18, 2009 Worfcshop - 6:00 pm March 25, 2009 Regular Meeting - 6:30 pm Apri18, 2009 Regular Meeting - 6:30 pm April 22, 2009 Regular Meeting - 6:30 pm May 13, 2009 Regular Meeting - 6:30 pm May 27, 2009 Regular Meeting - 6:30 pm June 10, 2009 Regular Meeting - 6:30 pm June 24, 2009 Regular Meeting - 6:30 pm 3 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-09-05 Regular City Council Meetings Public input is ALLOWED under the headings: / Consent Agenda / Public Hearings / Unfinished Business / New Business / Public Input Public input is NOT ALLOWED under the headings: / Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); / Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); / City Council Matters / Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES, however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Chair to Control Meeting In controlling the meeting during public input, the Chair will take the following actions: / First Offense -verbal warning to move on. / Second Offense -offender is directed to be seated. / Third Offense (refusal to be seated or other disruptive acts -offender will be asked to leave the premises) Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. A SIGNUP SHEET IS LOCATED ON THE BACK TABLE FOR ANYONE WHO WISHES TO SIGN UP TO BRING NEW BUSINESS TO THE COUNCIL. IN THE EVENT A MEETING IS NOT FINISHED AND WE DO NOT GET TO "PUBLIC INPUT", AND YOU HAVE SIGNED THE SHEET, YOUR NAME AND SUBJECT WILL BE CARRIED TO THE BEGINNING OF THE NEXT AGENDA. Any provisions of the procedures resolution may be suspended for good cause by affirmative vote of at (east three Council members. The good cause shall be stated on the record. 4 ~,,, ~,~ SE~T~N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES ECONOMIC DEVELOPMENT WORKSHOP WEDNESDAY, FEBRUARY 18, 2009 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Workshop to order at 6 pm. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Richard Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Clerk, Sally Maio Police Chief, Jim Davis Airport Director, Joe Griffin Growth Management Director, Rebecca Grohall MIS Senior Systems Analyst, Barbara Brooke-Reese 4. PROPOSED ECONOMIC DEVELOPMENT PLAN FOR CITY OF SEBASTIAN (Draft Plan Staff Review of Updated Draft Plan The City Manager explained the City Attorney had discussed with him that it is part of his philosophy that the City Attorney should not be present at workshops so as not to bind Council but rather to allow them to freely discuss issues, however, if anyone on Council felt differently they should contact Mr. Ginsburg and let him know. He then gave a brief informal presentation on the draft Economic Development Plan, which if approved would be potentially incorporated as an element of the City's Comprehensive Plan, and urged that it be a working document for the City. He reviewed the process of the Chamber Task Force and how staff developed this draft, and further described certain provision deletions such as the 15,000 square foot administrative review process and the Economic Development Committee. He suggested though this should eventually become an element of the comp plan, rather than having it go before Department of Community Affairs at this time due to their required analysis, perhaps we can implement it by resolution or ordinance to make it a working document at this time, give it time to be tweaked and when the next DCA review comes up include it at that time. 0 City Council Economic Development Plan Workshop February 18, 2009 Page Two He suggested the following: 1.2 -Establish Target Industries - He recommended setting out by a separate resolution that states the targeted industries. 2.3 -Establish Incentives - He said it is appropriate to discuss in other meetings what type of incentives we want. 1.5 -Expedited Plan - He warned we be careful we can't deliver on it. He said Growth Management has been slow on some plans and quicker on others, however, the buck needs to stop at his desk. He said staff has done a lot to try to mitigate some of those issues, also noting the market place has added to the delays as well as other governmental agency reviews which can slow down the process. He cautioned there could be misconceptions about special treatment for some and also noted that some specialized codes in the City's overlay districts increase development costs and requirements. He turned these points back to the Council and sought direction to staff on how it would like to manipulate this document and then move forward. Public Input Don Wright, 1627 US 1, Sebastian, member and Chairman of the Chamber Task Force which wrote the original plan, member of the County Economic Development Committee and Indian River County Chamber Economic Development Division and Incentive Leader for the Community Leaders Group, said he was disappointed with the content of the draft plan and thought it hastily prepared. He said there should be time to work on it and get it done right. He gave a brief history, stating when Bill Fruth spoke before us, he said the SebastianNero Beach area needed 200 new quality jobs per year, and unfortunately the economy is showing us the downside but we need to move forward. He said based on demographics Sebastian needs to establish 25-50 new quality jobs each year and that needs to be stated as a goal. He distributed exhibits to Council (see attached) containing his comments on the draft, He said, as to the Targeted Industry list in the original plan, it has become outdated, and at the EDC meeting yesterday the focus was changed as reflected on page two of his submittal citing moving toward clusters of industry types. He went on to cite typographical errors in the draft plan, said the Chamber is already performing some of the activities identified in the draft, there is a section on tourism that is important, and there should be a section on how to assist the local business community at this time. Walter Geiger, member of the Economic Task Force, handed out a compilation of site plan processes (see attached) for various local agencies and compared the time it takes for each, noting that Sebastian takes far longer due to its hearing requirements, and lack of fees for appeals, and recommended the City consider changing some of its processes. Mayor Gillmor asked if the time frame is actually 7-9 months for Sebastian's review as set out in Mr. Geiger's submittal, and the Growth Management Department said it has been reduced and they are working at further reducing the time and working closely with the Building Department. She said they are turning minor modifications around in a two to four week period, that there are three different levels of site plans and they are not accurately captured on this submittal. o z City Council Economic Development Plan Workshop February 18, 2009 Page Three Helene Caseltine, Director of Economic Development for the Indian River County Chamber of Commerce, congratulated Council for moving forward with a plan, it is a start and agreed there is time to complete this, gave a brief presentation and asked if she can a-mail her comments on the draft plan to the Growth Management Director, noting the County EDC had a very productive meeting yesterday and there will be vast changes on the County's plan. She said the Community Leaders Group will meet at Pointe West on February 27 at 8:30 p.m. Ms. Simchick requested that Ms. Caseltine's comments to Growth Management be copied to Council as well. The Growth Management Director said she would make sure that the City Clerk gets them. Graham Cox, 1213 George Street, Sebastian, Pelican Island Audubon Society, said PIAS is trying to put together a quality of life survey and set of indicators for the County in the future to see whether we are moving toward a sustainable community or going backwards. He said they will put together an advisory group, conduct a series of focus group meetings, conduct the survey based upon information from the focus groups and also talk to schools. He welcomed the City as a partner and said they would love someone else to take it over. He said PIAS President Richard Baker can be contacted at 388-1572 and that the Pelican Island Audubon website describes the program. He gave his own number 388-5394 and noted he did not see the word "sustainable" in this draft plan. Mr. Wolff asked if the survey was going to be done across the spectrum or just with the focus group. Mr. Cox said the focus groups would take it across the county, and then went on to describe his work in New York on this type of program. Mr. Wolff suggested using the Internet for their survey. Damian Gilliams, 1623 US 1, Sebastian, asked if the Chamber of Commerce was present tonight and Mayor Gilliams said no. Mr. Gilliams suggested adding under goals; to work hand in hand with various Chambers in the area, help existing businesses find a way to expand and create jobs, said he saw nothing about setting up a business liaison at the City who is familiar with the City and its departments. Mr. Hill noted in 4.2 the liaison is referred to as "ombudsman". Mr. Gilliams asked in 4.1 what "partner with an agency" means and Mayor Gillmor noted Indian River State College is doing that though probably not yet at the Sebastian campus. Mr. Gilliams cited 2.3 suggesting coordinating the Chamber, City, and College on City property for training and Mayor Gillmor noted we have a long term lease with the Chamber. iii. Council Discussion Mr. Hill said he hoped this will be a usable document and requested he begin and go through line by line: Mr. Hill: 1.1 -suggested reviewing the plan as needed instead of every two years. 1.2 -suggested primary and secondary industries and then when we get to 1.7 we would focus most of our dollars on the primaries. 3 City Council Economic Development Plan Workshop February 18, 2009 Page Four The City Manager suggested the targeted industries as listed and provided by the Task Force be adopted at this time and then we can go back and review and decide what the target industries are ultimately going to be. Mayor Gillmor noted we are talking about not putting this into the comp plan right away but it will still be a usable document. He asked if there were no changes and we approve it at the next meeting just the way it is, was there anything that would keep Council from changing it later, and the City Manager said no. Mayor Gillmor then stated that means we can change our focus at a later time and change it. Mr. Hill agreed the document will not ever be perfect, and said if the plan were verbatim from the Task Force it would have primary and secondary industries. Mr. Hill moved to policy 1.3 noting it states at least 15-20% above existing wages and benefits and suggested it be changed to "at least equal to the existing average wages". Ms. Coy agreed with his recommendation. Mr. Hill cited 1.4 which provides for a minimum of five new jobs which provide for 100% of the average wage or better, and suggested adding "to qualify for incentives" and then asked is that what all of these policies are for, to qualify for incentives. Ms. Simchick agreed with "equal to" in 1.3. The Growth Management Director suggested "equal to or above". Discussion took place on whether we are talking about specific professions or simply the dollar amount. The City Manager said we need to combine policies 1.3, 1.4 and 1.5 to be the benchmarks to receive incentives and cross check with FS to see if that is allowed. Mr. Wolff said we don't want just any job because we want sustainability and living wages and that it is important to clarify what we are talking about in 1.3 and 1.4. Ms. Coy cautioned if we make this too complicated people won't qualify, that we want to stay light and clean but we need jobs because people are desperate, noting we have set our standards very high but it is not working for us, that we need to be very general and when the economy changes then we can come back and start getting finicky with tax dollars. Mr. Hill said in order to receive incentives the idea of the plan is to bring in good jobs. Ms. Coy said we don't want to exclude something because it is not on the list and that she liked this cluster idea, it is more generic though everything we wrote is in there. Mr. Hill continued his review with 1.5 stating expediting processes should be done all the time and we should have a measurable goal of maybe 30 days or some other number staff gives Council, perhaps a "goal of completion within 30 days". Ms. Simchick said there is a difference between an existing building and a site plan for raw land that has to go through permitting in 30 days. Mr. Hill said other agencies do have expedited processes, and that though he didn't know if 30 days is the correct number there should be a number there. `~ 4 City Council Economic Development Plan Workshop February 18, 2009 Page Five Ms. Simchick said if there were any existing Land Development regulations that we would have to change they would have to be done under separate cover, but as long as we are not interrupting our LDC or other intergovernmental agency time limits we could set a time limit. Ms. Coy asked how the County deals with expediting permits and if the County gets special treatment by DCA or the State. Ms. Caseltine said during the EDC meeting yesterday they changed the language to the effect of working with other agencies, and said she could a-mail it to Growth Management, that at this point it is only suggested language and has to go before the County Commission. She noted Florida does have an expedited permitting program for State agencies but are specific criteria for large projects. Ms. Coy said she would appreciate whatever Ms. Caseltine could share from the County. The City Manager said there are circumstances we cannot plan for such as P & Z and Council decision time frames and we do not want to interrupt work on local site plans, but proposed coming up with a 90 day process that gets you up to the point of regulatory approval. He said it will depend on what type of approval is needed. Mr. Hill said it may be too complex to put a number on it. Mr. Wolff cautioned that this is a very sensitive issue, that we live closer to one another in the City than in the County, and would be more sensitive to develop, P & Z plays an important role and gives a transparency to the issue, there is an ethical component involved here and people need assurance that someone is not receiving special treatment, stating he thinks that the City Manager has a good grasp of this, that a good balance is important to the City, however we need to make sure that things don't sit and if we can get the process done in a 90 day period it will make for a well planned and happy community. The City Manager thanked him for his comments noting we are not the County and that County staff has a lot more administrative authority to approve site plans and can get more done more quickly, whereas the City has more regulatory board citizen review, the minus being that it takes longer but the plus being that we make sure that the citizens are informed of what is going on around them. Ms. Simchick said the ombudsman is a very important position and will help so that things don't sit. Mayor Gillmor said this plan says we are open for business and will do what we can within the rules to help businesses. Mr. Hill continued his review citing 1.7, developing a marketing plan, and asked if this pertains to the businesses we are talking about in 1.2. The City Manager said yes. Mr. Hill said he would like to see a date certain for the marketing plan. Ms. Simchick asked if he wanted to add the funds for it as well. Mr. Wolff said with the $700 million citrus industry marketing budget, they haven't had a successful campaign since Anita Bryant. He said this will require a lot of thought. Ms. Coy noted that from the previous $100,000 Patterson-Bach plan we got nothing, and Mr. Hill said realistically having a list of targeted industries with no marketing plan is frivolous. 5 Economic Development Workshop January 7, 2009 Page Six Ms. Simchick suggested this could be brought up as an agenda item, we could hit the top six items in the next six meetings, and if we don't accept the document as the start then we're four years later and in 90 days we can hit the top six issues separately. Mr. Hill asked if she was saying we shouldn't put a date on here tonight. Mayor Gillmor noted this is a framework and we are getting off track and talking about specifics, and Mr. Hill said he is just suggesting putting in dates, and Mr. Wolff suggested a regular item on each agenda entitled "Economic Development Matters" and tackle one or two of these things until such time as a final document is ready for the comp plan. Ms. Simchick suggested the City Manager bring items back under his matters. Mr. Hill said he simply wants to bring back a document for approval that has something in it that works and has dates that they would need to do something by. Ms. Coy suggested we need to keep the first document very flexible and we need to be able to make mistakes, come up with good general guidance that staff is comfortable with, noting the document can be changed as we go along, otherwise we are not going to get going. She suggested trying to focus on a general document that can be massaged and then refined and sent off to DCA. Mr. Hill again said he thought we should have a primary and secondary industry list, and bringing back a generic document with a few tweaks here and there. Mr. Wolff said he understood what Mr. Hill was saying, identify primary and secondary sectors, and establish a timeline for a marketing plan for those sectors. Mr. Hill continued with policy 3.2 and 3.3 typos, issues with misspelling of Sebastian River Area Chamber of Commerce, 4.1 stating he believed the Chamber is already doing seminars and stuff, in 4.2 we need to have an employee who can provide information in City Hall. Ms. Simchick said it should say "designate", and asked if this sounded like a problem staff-wise. The City Manager suggested utilizing the Airport Director as part-time Airport Administrative staff and part-time Economic Development staff and set up an office in City Hall and Mr. Griffin would split his time between the two locations. He said his staff is working to set up a volunteer at the Airport building. Mr. Hill said he was talking about folders printed up and ready to go if someone walks in and not necessarily splitting full time staffer's positions. Ms. Simchick said she thought Joe Griffin would be the perfect person to represent the City and when he is not here, the Growth Management Director or her staff can do it. The City Manager said, with no malice intended, that one issue folks have that the City does on a daily basis is regulate, which puts staff in a mode of what you can and can't do, and that is not the perception that we always want to put forward first when a company is coming in. He said you need a face to help you through the process, and we can have a sign that says Office of Economic Development. Ms. Simchick reiterated Growth Management is the regulatory department and Joe is the nice guy that brings them in and it is separated from the regulatory process. Mr. Hill agreed and apologized and said this is a management decision not a Council decision. 1 („ ~ 6 ~~~ Economic Development Workshop January 7, 2009 Page Seven Mr. Wolff added that we have to get a packet on-line and have a simple qualification process. Mr. Hill reiterated the correct reference to the Sebastian River Area Chamber of Commerce, and in reference to 5.1 said we need to work with other appropriate agencies including other Chambers and other agencies like EDC to make this thing work. Ms. Coy said Mr. Hill covered a lot of area of concern, reiterated the average wage in 1.3 needs to be set to something more reasonable, would like us to look at the clusters provided to us tonight, because it is generic and gives us latitude, and establish primary and secondary industry. She said if we keep this simple and manageable and if staff is satisfied, we can get it off the ground and set an example for the county because we need jobs. Mayor Gillmor agreed on the industry clusters, if we combine this cluster list in 1.2 and then differentiate between primary and secondary that would be good, and maybe we don't need not to be as specific as this. Ms. Simchick asked do we want to do this in the initial document or do we want to do this during the later reviews because vve might feel differently on primary and secondary. The City Manager explained that it was his intent to get the Task Force recommendation into the plan and we didn't get that. He asked if Council was happy with what the Task Force originally presented and if it is, we can decide that the Targeted Industries are exactly that. He then he read the primary and secondary lists from the original document. Mr. Wolff asked how warehousing/distribution would fit in the City as a primary and said he didn't know if that makes sense. Ms. Coy said on a small scale it could. Mr. Hill said we could leave as is and bring it back as one of our six if that makes people more comfortable. Mayor Gillmor said again he sees this as a skeleton type of framework that is pretty comprehensive, that it was a great job on short notice, we owe a great deal of thanks to the Chamber of Commerce, the committee that put this together and staff for putting it into language we can use. He said he did not think we had to get involved in specifics at this time and once passed, it says we are open for business and are going to go forward and actively seek business and then we can decide what types of industry we want to target, and what is the most economically feasible way to market industry. Ms. Simchick thanked staff and said it put together a wonderful plan, this has been one of our goals, happy to hear our process is getting closer to 90 days and commended staff for that. She said at the next meeting we can bring the plan back and adopt it and in future meetings we can fine tune targeted industries, discuss marketing, discuss incentives regarding tax abatements referencing Florida Statutes, and once we have completed it, it may make the July or maybe next January comprehensive plan submittal. She asked when the last comp plan amendment is anticipated back from DCA. The Growth Management Director responded early March. Ms. Simchick said with the trouble with staffing issues and backlog in Growth Management she has had complaints, and was happy that those issues will settle down and was glad to hear Mr. Griffin can slide into the Economic Development position. She suggested the City Manager put it on the next agenda perhaps under his matters or as an agenda item. Economic Development Workshop January 7, 2009 Page Eight The City Manager said he was not going to be able to do this for February 25th but will by March 11th under his matters as anon-action item and he will have a draft for Council to review and then Council can report to him how they like the modifications. Mr. Hill asked if they would rather it be added as an action item, if the City Manager goes forward and adds the items we discussed here into the document. The City Manager said he can put it on the agenda and Council can do what it wants Ms. Simchick said we can modify the language that night. Mr. Hill said just add the document itself and we can go forward and discuss each item individually going forward. Ms. Coy said then if we are getting bogged down we can just extend it to the next meeting. The City Manager reiterated the Economic Development Plan will be on the March 11th Council meeting agenda. Mr. Wolff said this is the topic of day in the County, and we can evaluate the merits of the questions that are being asked and what we want to do in Sebastian, that tourism development is an important component of the plan and unfortunately a lot of that has to do with marketing. He said what is important is we are going to have the framework of this working document and for people who come into City Hall it will be there and there will be a professional approach and that is a big start. He said he would like to see more specifics, expressed concern that once it gets into the comp plan it gets put away, so it will be incumbent on the five of them to keep it going and that time is of the essence. 5. Being no further business, Mayor Gillmor adjourned the workshop at 7:45 p.m. Approved at the March 11, 2009 Regular City Council Meeting. Richard H. Gillmor, Mayor ATTEST: Sally A. Maio, MMC -City Clerk ~ ,~, yy ~ ~ ~ J ~ `I--~ , lJ (J J-+ 5..1 Y+ ~ rJ' ~ ..r.a ~ ~ C ~' `~' ,, ,~ `=~ ~ :~ ~' O ~' ~ T ~, ~ :n ~ O ~. :J ~ O c3 ~ J S ~ ~ ^' r O ~ ~ ~ v i v ~i O •~ '~ c~ ~ n~ ::7 ~ ~ ~ ~ '~ ~ ~ >' U ~ ~ ~ ~ ~ ~ ~ ~ y ~ y y Ca ~ , S.." ti .i.. ~ ~ ~ ~' .~ `~ ~' ~: J N V U ~ c ~ O • ~ ~ _ O r ~ ~ ~ J ~' ° ll GC . ,- ~ O ~ o ~- ' r y ~, ~o O ', O , 0 ~ t'~'1 N ~ rn O -d U Z W~ °w ~U~ 3 ~ a i ~ :3 ~ `~ O :-% ~ p-. ~ '~ ';--~ cn _ ~ C N ~ i -r J] r ~~ V1 T } y n ~ ~` o f ~ Q ,~ J ~. ~ ~ ~ .~ r" U ~ Z av '--~ ~ C 0 bA cC J ~ ~. ~f; n, O O ~ ~ v 3 V') O ~ C O O `G "~ _y J :rJ c Cfi U i~, aS 7, ~ 6ci 0 O ~ O v7 r 0 ~ ~. ~, J ~ o '> ~. o v ~- c ~. ,~ ~, ~ J :.~ 'L'S rC ~ y V ~ ("~ ~ l~ o J y ~ ~ w Q .~'". c~ . T~ ~ ~ '' ~' ~ ~_ J ~~_ W ~ [~ ~ ~" +~ > ~ ~ :~ cn~ o~r-°' '' te=a :S" O n~-n ~ ~ ~ N • i-~ r~.l ~ ~' ~- O ~."~ °p cr f ~~ y :~ ss. ~ v ~ J 0 Sebastian Comprehensive Plan Amendments 1. Adopt a target industry list based on the Florida Industry Clusters. This list focuses on Florida's strengths and can also be Sebastian strengths. This recommendation is also being made to the County as of yesterday. 2. Policy 1.3 amend to say equal to the average wages. 3. Policy 1.4-this should be amended to say that the basis for providing incentives is the creation of a minimum of 5 new jobs that provide ...for both new and existing business. 4. Policy 1.5- specify 30 days. 5. Objective 3 needs to be redone and objective 3.5 should be amended to change affordable housing to workforce housing. 6. Objective 4.1-The Chamber is already doing this so specify that the Chamber will provide... 7. Policy 4.3 & 4.4-The Sebastian River Area Chamber should be noted correctly. 8. Policy 4.5-The Sebastian River Area Chamber is already a partner with Score. 9. New elements: 1. By 2015, Sebastian wi{I increase the number of quality jobs in target industries by 125. 2. Infrastructure improvements will be made that will allow for the critical needs of industry to be met. 3. Develop a tracking system that will make sure that conditions for incentives are met. 4. Have in place a program that allows the City Manager and others as needed to meet the requirements for confidentiality required by most businesses. 5. Establish a fast track permitting and approval process. 6. Review land development codes and planning and zoning requirements for all areas of the City. 7. Establish a Grant Coordinator. 8. Identify a city resource person to assist business. 9. Complete the development plan at the Sebastian Airport and address the concerns for wetlands, scrub jays and infrastructure. 10. Sebastian will on an annual basis review the incentives available for target industry. 11. Sebastian will identify possible site locations for economic development prospects. 1~ ~tJ&~Q~ f hD~ST~Y ~tUS~f~S Florida's leading industry cius#ers plat a icev rGlc ^ she state`s ct=ntinued et:onon'iiC success anti cQr.'~pe5tiveness. lnnovatfve organizations in. key F;orua industries, such as fife sciences and aerospace, End the nurturing environment Here for davelaping state-of-#tte-art techrolegies, vrhile sophisticated financial and professional services cirri ~r~sper thanks to Piorit}a's skillful workforce and the state's business-friendly env'sronment. Such t ~nditions have been critical to Florida's success ir< building science: technlQgy ana p=cfeaGonal industry cius#ers and #o preserving the state's status as a key player in the frnovation Ecor:cm}~. Florida's strengths lie in the foilouring key sectors_ .---~ f Clear: Enerov industry irclud"sn~~ • So:'ar Enera~ . Biter .ass Energy/B~fiu~ls . Fuet~~lls & Hydrogen • Oe~n En~y_ . l~"t~c~ than ~enevrables ~._.e Scien~gs industry including ....w.,..,..ac..~,~,.,.wa..z:,« 5 ~ ;/iatechroiaay • Medical t~BViGe l;fanufa:,tur?ro • ~,~anraceutical~ ~?ea':th ar drma~ign Technology industry including a--=--.~~.~._.._ • i~rodu iSeroic~ • Software pgyefepmen# • ~4deli~8E3~1~1Qt11T~ining • Photonics/L~sersiOotics • lrlicroelectronics • Tereccmn~rur~~tia~rs ( Aviation & Aerp~aace industr,~ including: • Apace • Av' i n ....,.L.a~..,.. -V~~...~....,~~i t ~`lYme~[~.~~,i ~ense~inclusu7 it+.cluding_ i ..,,~. ~....~..__.-~--.. ~.._ rte.-.._ - ._~ .>.-._~~,k..,..~ ~ t-tome(and Sscur:i~! j Financrat r Profess~onai Services~4 ~~~ f~rel~~ Ire Y i Vni4 ~Manufact,~rina ~~.r~~~yd6fJ4/eti, ~~~l~r:[t5 t r#9 t ~m~raing Technologies ~ ,~7 • Resin t~~hn4~gy • ~>rlarine Sciyrrce Corporate Headquarters Another area irrrpcrtant to the state economy is the establishrnert of corporate headquarters sn Florida. Corporate headquarters is defined as those facilities that support international, national or regional (multi-s`~a#e) operations for relatively mature companies with distributed operations acid centralized strategic and management activities. U Florida, Corporate Headquarters has been designated as a nigh Impact Business Sector, eligible for certain incentives. See some of the Jargest public and private companies headquartzred in Florida. it From: Helene Caseltine [mailto:directored@indianriverchamber.com] Sent: Friday, February 20, 2009 4:35 PM To: Rebecca Grohall Cc: Alfred Minner; Beth Mitchell; Don Wright Subject: Econ Dev Element -revisions Hi Rebecca I've attached a list of suggested revisions for the City's proposed Economic Development Element (my 2- cents worth, anyway). I'll send along the revised list of county targeted industries early next week (Monday?), but please keep in mind that at this point they are only suggested -not yet adopted by EDC or the Commission. Text EDC is suggesting to address working with state/fed agencies: "The county shall pursue expedited permit processing by State and Federal agencies for targeted industries to eliminate duplication and streamline the process." Thank you for taking the time to put this document together - as I said before, it's a start for along-term "working document" that can be re-worked as needed. Please give me a call/reply note if you have any questions -thanks, Rebecca Helene Caseltine, CEcD Director of Economic Development Indian River County Chamber of Commerce Vero Beach, FL 32960 Phone: 772-567-3491 x121 www.indianriverchamber.com 3/4/2009 )Z City of Sebastian -Proposed Economic Development Element Suggested revisions: Preamble -rather than say "task force's members", would suggest "members of the Task Force" and, since it was an official group with assigned responsibilities, probably should capitalize the group's name throughout the document when referencing. Policy l .l -targeted industries: the revised list of county targeted industries is attached as a separate document. Please note that this list has not yet been approved or even proposed to the Board of County Commissioners, only suggested by the county's Economic Development Council. Policy 1.3 - "...increase the tax base, (comma added}and pay wages that are equal to or above the countv"s curre~it ~~~~~ average annual wage ~-,-~. (note: the 2007'average annual wage for IRC is $35,043, per the FL Agency for Workforce Innovation; figures are typically 2 years behind) Policy 1.4 -this seems more like criteria than a Policy, and could be included in any printed material or website. (unless re-worded) Policy 1.7 - "In partner°ship with the Sebastian River Area Chamber of Commerce, develop a marketing plan ..." Who is doing the marketing -the Chamber, the City, a consultant? Policy 2.2 - "The airport shall actively market airport industrial lots and space, and coordinate its marketing plans with the a~e~'-s Sebastian River Area Chamber of Commerce marketing plans." Policy 2.1 and 3.3 are the same -only needs to be listed once Policy 3.4 -change "affordable housing" to workforce housing Policy 4.1 - "In partnership with the Sebastian River Area Chamber o1~ Commerce. promote the services of ~ ~ local or~anirations, such as SCORE (spell out) and IRSC (spell out), ~e that provide technical assistance and ,~,""*"'~~ ~~~- ^~~~•-*^r~~ seminars on starting a new business." This will eliminate the need for 4.5 Policy 6.1 - "In pal°tnership with the Sebastian River Area Chamber of Comme~~ce. market eco-tourism and ... " Policy 6.3 - In partnership with the Sebastian River Area Chamber of Comil~erce. the City shall explore ... " Policy 6.4 -spell out MPO DRAFT - as p~~oposed by EDC on ?-l 7-~9 Indian River County Proposed Industry Clusters Indian River County's proposed targeted industries mirror those of Enterprise Florida. They play a key role in the state's continued economic success and competitiveness. Clean Energy industry including but not limited to: • Solar Energy • Biomass Energy/Biofuels • Fuel Cells and Hydrogen • Ocean Energy Life Sciences industry including but not limited to: • Biotechnology • Medical Device Manufacturing • Pharmaceuticals • Health Care Information Technology industry including but not limited to: • IT Products/Services • Software Development • Modeling/Simulation/Training • Photonics/Lasers/Optics • Microelectronics • Telecommunications Aviation/Aerospace industry including but not limited to: • Aviation • Avionics • Flight Schools Financial /Professional Services including but not limited to: • Corporate/Regional Headquarters Research and Development Manufacturing/Warehouse/Distribution Emerging Technologies including but not limited to: • Materials Science • Nanotechnology • Marine Science Arts, Entertainment, Recreation including but not limited to: Sports Facilities • Film Locations i~ CRY QF - ~3~'T ul~l~ Ilullll,~l~uy -- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 25, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Bill Brothers, First Baptist Church of Sebastian. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Robert A. Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Finance Director, Ken Killgore Parks Supervisor, Chris McCarthy Police Captain, Greg Witt Police Captain, Bob Lockhart Systems Analyst, Robb Messersmith 5. AGENDA MODIFICATIONS -None 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. Mr. Wolff announced the Sunday March 1, 12th Annual Eco Fest at the Environmental Learning Center, Ms. Coy announced the Grant Seafood Festival this weekend, and Mayor Gillmor announced the Sebastian River Art Show and Treasure Hunt this Saturday in Riverview Park. (5 Regular City Council Meeting February 25, 2009 Page Two 1-14 09.041 15 09.042 17-47 C. Resolution No. R-09-10 1St Quarter Budget Amendment (Finance Director Transmittal, Review Memo, Capital Projects Status Report, Schedule of Investments, 1St Qtr Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 7. 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 - 2/11/09 Regular Meeting B. Prior Approval for Vice Mayor Hill to Travel to Tallahassee Re: Working Waterfronts Grant (City Clerk Transmittal) 8. 9. 10. 09.043 49-51 Cv MOTION by Ms. Coy and SECOND by Mr. Wolff to approve the consent agenda. Result of the roll call: Ayes: All Nays: None Passed 5-0 COMMITTEE REPORTS 8~ APPOINTMENTS -None PUBLIC HEARINGS -None UNFINISHED BUSINESS A. Dog Park Location (City Manager Transmittal, Site Plan) The City Manager said he was seeking direction from Council on his recommendation to locate the dog park at Keen Terrace as set out in the agenda transmittal. He said if approved tonight, it will go to Planning and Zoning for site plan approval. MOTION by Vice Mayor Hill and SECOND by Ms. Coy to move forward on the Keen Terrace site. Don Wright said there has been extensive research done on several sites, and recommended the Keen Terrace site which was the first recommended site. Mr. Wolff said he visited the site, and asked the City Manager if he had notified the property owners adjacent to the site, and the City Manager said he had not. In response to Mr. Wolff the City Manager exhibited the proposed site on the overhead. 2 Regular City Council Meeting February 25, 2009 Page Three Mr. Wolff recommended seeking funding in the budget for additional landscaping. Ms. Simchick said she visited the site as well, noting there are duplexes adjacent, and some of these residents might find this park a plus. Mayor Gillmor said he also visited the site and his only concern was the need for landscaping along with the white vinyl fence. Ms. Coy thanked everyone who has worked on this, Parks and Recreation and the City Manager. The City Manager said staff will get the landscaping done. Result of the roll call: Ayes: All Nays: None Passed 5-0 The City Manager said it will go to P & Z on March 5th and we will look to mid-March to get started. 09.044 B. Schumann Park -Direction for New Improvements (City Manager Transmittal 53-57 Desi ns The City Manager briefly updated Council on the recommendation by Parks and Recreation to do two basketball courts, noting both plans went before Planning and Zoning and both site plans were approved but P & Z unanimously recommended Council approve the plan with the two basketball courts. He sought direction from Council on the plan and said then he will come back with contract and amend the budget for the other improvements. MOTION by Mayor Gillmor and SECOND by Ms. Coy to approve two basketball courts. Ms. Simchick suggested that motions be made following public input. The Mayor pointed out that Roberts Rules states discussion should take place after a motion and a second. Ms. Simchick asked the City Attorney for his opinion. The City Attorney advised if the motion is first, the discussion relates to the motion; however, he's observed since October there has been discussion, a motion and discussion again pertaining to the motion. He said typically, there is a motion and the discussion relates to the motion. Ms. Coy agreed with stating the motion upfront so the public knows the direction in which Council is moving. Mayor Gillmor said this process is in accordance with Roberts Rules, he saw this process at the County Commission meeting and it works well. Mayor Gillmor opened the meeting for public input (~ Regular City Council Meeting February 25, 2009 Page Four JoAnn White, Parks and Recreation Committee, said the Schumann tennis courts are used extensively, that she conducted surveys of school children on what they wanted and they want more basketball. Vicky Lada, Riviera Avenue, asked if there will be lighting at night and extended concrete at the back of the basket. The City Manager said there will be lighting for tennis and basketball courts, and there won't be significant extensions of pavement. Jeff Weatherford asked if there will be set hours, and if not it could cause problems with kids congregating at night, and said that the light timers go off at 10 pm. Ms. Simchick asked if we can put in controls to give you light for a specific time and the City Manager said we can. Harry Smith, LaPlaya Lane, said the lights do go off at 10:30 p.m., that we need new basketball courts, asked if we can tone down the tennis court lights, and move the security light so it won't shine in his windows. The City Manager said the old court lights are at the proper height, and he will check into the security light. Mr. Smith suggested a fence around the basketball court so people can play dodge ball. Anthony Masi, 1890 Sand Dollar Lane, Vero Beach, Pelican Island Elementary School, said the schools have formed a North County basketball league, suggested maybe the Parks and Recreation Committee could create a summer league, kids need supervision, questioned whether you need lights due to extended light in the summer, and said the idea of the plan is definitely worthwhile. Damien Gilliams, 1623, suggested covering one of the courts against the summer heat. Don Wright, 720 North Fischer Circle, Parks and Recreation Committee, said this was studied extensively, the park has fallen into disrepair, before the hurricanes the basketball courts were well used, that tennis players would like to see an area they can sit in the shade while waiting and the restrooms need to be repaired. He said with two basketball courts there is less cost and the community will be well served with the recommended improvements. Ms. Simchick said she would like to see swing sets included and agreed with two basketball courts. The City Manager said this can be included. Mr. Wolff asked if there is a fence around the full basketball court and the City Manager said there was. Mr. Wolff said someone suggested hanging a wall of some type on the tennis court to practice as long as it was taken down before a hurricane. Ms. Simchick asked what control we have over people forming leagues and the City Manager said the courts are first come first served. Result of roll call: Ayes: All Nays: None Passed 5-0 i~ 4 Regular City Council Meeting February 25, 2009 Page Five 11. PUBLIC INPUT Cindy Falco asked if there has been any progress on a Farmers Market, and the City Manager said the RFP has not yet been completed but will be shortly. Tom Collins, Capt. Hiram's, said he has been hearing about the bad economy and suggested the City investing in some billboards along I-95, or some type of ad campaigns, and he encouraged everyone to start thinking of ways of advertising. Ms. Simchick asked if Mr. Collins would attend the March 18 Tourism Workshop. Mr. Wolff said Mr. Collins has been a proponent of getting people off the river, and thought this was a good idea. Mr. Collins said he had proposed a mooring field and needs someone to help him move it forward, noting the City would have to get the permit and he could manage it. Harvey Wheeler, Sebastian, said he was a concerned about the following in regards to operations of Main Street project: -no Florida Dept. of Environmental Protection notice of intent posted -no emergency contact list posted -there are two storage tanks near the lagoon unprotected -there is no stabilized construction entrance -there are two stockpiles adjacent to the lagoon -there aren't any temporary sediment basins -there aren't any turbidity curtains on the shoreline Mayor Gillmor asked if Mr. Wheeler he had spoken to the City Manager on this issue and he said he had. Ms. Simchick asked him to repeat his dewatering concern. Mr. Wheeler said two temporary sediment basins are required for dewatering or sediment control. The City Manager said for the record he did not speak to Mr. Wheeler about this, perhaps he spoke to officials, maybe Margie Reynolds. He explained some issues are significant, some not significant, silt fences are part of mitigation and have always been a management problem, these things are not consequently alarming because the environment is not being damaged, all permits have been received and it is part of daily construction management. Mr. Wolff asked why Mr. Schulke was not supervising the project, noting he had noticed a diesel tank on the site. The City Manager said Mr. Schulke is not being paid to supervise 24/7 but there is supervision either from him or from staff. He said Bucky Gerber, Jerry Converse, and Margie Reynolds are supervising, and there is a construction supervisor on site. Mr. Wolff said it was a Saturday when he visited. Mr. Wolff asked if proper mitigation is not part of the obligation when bidding the project and the City Manager said it was and it is a management issue to make sure it is executed. t~ Regular City Council Meeting February 25, 2009 Page Six Jeff Weatherford said the Rotary pier is overgrown with mangroves, there have been burglaries, and if we trimmed back mangroves, it might give a nicer view and less crime. He asked the City Manager if the trimming is part of the project. Mr. Hill called a point of order and said he should direct his input to the Chair. The Mayor said we can check into it and see what can be done. Damien Gilliams, 1623 U.S. Highway 1, said it is nice for Mr. Collins to come out and try to help out, said we still have boats from the hurricanes on a State easement near his property, and said we don't use the two docks we built. Ms. Simchick said if he calls 226-1000, James Gray, IRC Coastal Engineer, can assist him in removing the boats. Mr. Gilliams said there was money set aside in the CRA budget to remove the boats, said there is a substandard road next to a Boys and Girls organization on Blossom and Potomac and someone in his family flipped in a canal and still nothing has been done. He asked Mayor Gillmor if he had been notified and asked if anything had been done with the street. He said he faxed articles to the City Manager and nothing has been done. Mayor Gillmor said he would look into it. The City Manager said he has spoken to Mr. Gilliams and Mr. Gilliams knows the actions he has taken on this and if Council Members would like to speak to him individually they can do so. Mayor Gillmor called recess at 7:39 p.m. and reconvened the meeting at 7:54 p.m. All members were present. 12. NEW BUSINESS 09.045 A. Consider Land Purchase - 1301 US Highway 1 - $300,000 (City Manager 5s-153 Transmittal, Financial Statement, Contract, Appraiser Info, Appraisals) The City Manager gave a brief update on a recommendation to consider the purchase of the property at 1301 US 1 which is available in the amount of $300,000 funded with monies available from the Indian River Drive/Main Street project. He said the property is blighted, the amount is $110,000 over the appraisal amount, the appraisal is fair, however, the property was purchased in 2005 for $375,000 so the owner is taking a loss. He said the property could be key to some of our plans. Mayor Gillmor asked if anyone on Council wanted to make a motion to move forward with the recommendation. MOTION by Ms. Simchick to direct City Manager to negotiate the price. The City Manager said there is an executed contract in the backup and he is seeking direction to execute the contract. Motion died for lack of a second. zv 6 Regular City Council Meeting February 25, 2009 Page Seven 09.040 B. Indian River Drive/Main Street Improvement Project Change Order- Chamber Parking 155-162 qty Manager Transmittal, Change Order #1, Attachments, Two Maps -Current Parking and Proposed Parking Under Separate Covert MOTION by Ms. Coy and SECOND by Vice Mayor Hill to approve the change order for Chamber parking. Mr. Hill asked that the motion be to go back to the original plan approved by City Council with the parking behind the Chamber with turf block noting the current plan has asphalt. The motion and second were amended to go back to the original plan with turf block. Tom Collins, Capt. Hiram's, said he had encouraged Mr. Schulke to put in additional parking on the site because we are in need of parking on the riverfront. He said you are putting a boat parking lot on a prime piece of property but you have already done that and now you are in need of additional parking. Mr. Wolff asked the City Manager to cite the number of parking spaces, and the City Manager said there are twenty car parking spaces planned for the north side of Main Street. Caleb Kottel, Sebastian, said this is one of the few parks left that is not overrun by kids, asked what people are going to want to park and do, said the park down the street is always noisy and busy, and this park you are destroying is always quiet. Ms. Simchick asked if he had seen the plans for the small communal space on the north side. She cited Pocahontas Park in Vero which has bus stops now, parks are forever changing, and there will be a quiet communal space. Cindy Falco, Sebastian, asked what we need parking for as there is nothing happening on the river. She said there is property across from Grace's Landing to build a parking lot and billboards should include all businesses that offer something to do, not just a segregated few. Ms. Simchick said Jordan Park is not historic it is just old. She provided a photo of the old Candy Cane Park playground. Chris Pinson, said he remembers the park, and there was a City Hall built there and then a mobile police station, and said as a Chamber member, the City has not always been friendly with the Chamber, and the Chamber is trying to help businesses, and encouraged the Council to support the parking to enable people to visit. Lisanne Monier, downtown Sebastian, said this is her neighborhood park, and thanked staff and Council for improving the park. She said the Chamber is not always related to business, there are environmental pamphlets and coloring books for children. She said her house was an opera house, movie house, and city hall and it has changed. She said it was deplorable that a City Council member is protesting on an issue that comes before him, and Mr. Wolff should recuse himself. ~~ 7 Regular City Council Meeting February 25, 2009 Page Eight Richard Brandt, Sebastian, boater and fisherman, said he uses the boat ramp, his family visits and the park is nice and asked if we can put in picnic tables and candy canes like it was, said the City got rid of seven year old trees and spent money to save a 120 year old tree, and that it would be nice to have a closer place to park due to his handicap. Chuck Lever, Sebastian, corrected Ms. Simchick and said the park is on file with the State Historic District and goes all the way up to the Hardee Tree. He said the Paternosters would be here to speak but had an emergency in Washington with their son. Ms. Simchick said she did not say the park was not in the district but rather that it was not an historic park. Mr. Lever said the removal of the oak trees was illegal, that the City received a $50,000 grant for the boat ramp which is part and parcel of the park, that the City was to have notified the state historic preservation office regarding this renovation, but the main thing is that the people want this park, and thanked Ms. Coy for suggesting the demonstration and Ms. Simchick for not liking the way this was brought back, and Mr. Hill for remembering green space. He said he has used the park and asked Council to consider the people. The City Manager said we received SJRWMD permits, and Ms. Simchick said SJRWMD would automatically notify the historic preservation office who must sign off before we received the SJWMD permit. The City Manager said all regulatory agencies are notified and Chris McCarthy received a phone call today that the Department of Natural Resources does not have any issues with the site. Harvey Wheeler, Sebastian, said it breaks his heart to see green spaces go away. He applauded Mr. Hill on the turf block idea, that it is a given that we will lose some percolation, and asked that the stormwater accommodations reflect that there will be sheet runoff. Ms. Simchick asked if the permit was obtained without the extra spots, and the City Manager responded that it was not but it is within the margin that will allow as built. Louise Kautenburg, Sebastian, said Council is not talking about eliminating a park, but the reconfiguration of an existing park. She said parks change over time as demands of the public change to meet the recreational needs of the people, noted the building used by the Chamber is in the park, said this will be a much nicer site than it has ever been before and in the future people will say we need to change that park again. Sal Neglia, Sebastian, asked Council to honor the last vote of the Council not to include that parking, agreed we are not doing away with the park, but said we want to keep it open, we asked the first City Manager to keep it open, said the area could be a nice place for children to play, said pressure was put on the City Manager by Council and citizens to readdress this as a parking area, we do not want this parking area to be used by businesses, that there are not enough businesses to need more parking, there is parking on Jackson Street, and again asked do this for the people of Sebastian and leave it a park. He said the area has not changed for twenty years; no one is coming down to our riverfront to need more parking. He asked Ms. Simchick why she is against this and said we should leave it a park area for the people. Zz s Regular City Council Meeting February 25, 2009 Page Nine Ruth Sullivan, Indian River Drive, Sebastian, adjacent property owner, said in 1974 the park was named Jordan Park, that she has been here for 33 years and it has been a dirt lot used for parking, that it was used for City Hall and is now used by Chamber, that in the past the police department put in a trailer and used the lot for parking. She said the only park was Candy Cane park which was a narrow strip of playground equipment that was eventually dismantled and moved to Riverview Park. She said she would love to have a park next to her house, but this lot has never been developed, and did not remember benches ever being there. She said the Chamber has been denied parking and it is only fair they get parking that has always been behind the building. Mickey Groepler, Sebastian, said the taxpayers turned it over to the Chamber for one dollar for thirty years, but only the building not the property, she said it is valuable waterfront property, and was against putting parking next to a parking lot we are already building, said the park has been neglected but asked why don't they put in picnic tables and benches. She said it would be nice for the Chamber to move over to City Hall, and Parks and Recreation should take over the park and make it into a viable park. Vicky Lada, Riviera Avenue, Sebastian, said the photo of the Candy Cane park has many trees and now there are no trees left on the site and it is almost naked there. Mr. Hill said we are talking about additional lot and not about removing trees The City Manager said the site plan was marked out with what trees would be removed and saved, the cost of new sable palms was the same for saving and replanting old sable palms. Richard Strange, Sebastian, said you want to take out a $300,000 lot and make it green and take a $750,000 lot and make a parking lot, Council should do what is right. He commended Mr. Neglia for his input. Don Wright, Sebastian, said if any other business in Sebastian had its parking moved you would hear screaming, the original plan was approved with parking, then taken out, and now it should be put back in. He said situations change, the area is going to get swamped with boats and the twenty spaces on the north side are going to be filled. He said if you don't put the parking back you won't have reasonable access to the Chamber. He said the new concept provides a more usable park; people can park there to walk along the riverfront. Cindy Falco began to speak and was advised she had already spoken on this issue. Todd Klitenic, said he had been here since 1996, was former president of the Pelican Island Preservation Society, the park has been there since 1932, agreed with Sal Neglia and said they are passionate about it. He said he wants it to be kept a park, that the wildlife is gone, and urged them to keep it as a park, noting the Jordan family gave it as a lifetime park and said the Chamber should be near City Hall. Damien Gilliams said this is great, the Tiki Bar needs more parking, said there is a little fibbing going on, he put in a parking lot and had to put in a retention pond, now you are saying you don't need retention because you have impervious surface. Mr. Hill offered to answer and Mr. Gilliams asked him to wait. ~.3 9 Regular City Council Meeting February 25, 2009 Page Ten Mr. Gilliams continued saying the Chamber could be near City Hall and they would have plenty of parking, said it is the City's fault that we let the park go, on the site plan you have two tables for 15,000 people, that this is politics at its best, suggested putting in a big kiosk right at the end of Main Street, said the bottom line is it is politics and there is an election coming up this year, fourteen spots is not going to help them. Mayor Gillmor told him to stick to the subject, not the Chamber, Mr. Gilliams said we know how the vote is going to go, Mr. Gillmor, Ms. Coy and Mr. Hill, so this is fruitless. Mr. Wolff said he initially voted for the parking lot and then changed his mind, the whole project has been controversial regarding design and finance, there has been no give and take, and this request to save the spaces represented give and take, said he did not have the benefit of the history of the park, and heard the emotion. He said in Sebastian politics everything is extremes, and we haven't discussed that there may be an attachment and people want to use the park, maybe we should be talking about what is the correct number, he said this is an area where we can come to some compromise. He said he had a different opinion but supports the Chamber, he said the uproar is because it has not been professionally addressed, and we can go back and look at it again, it is time to develop the park, it is not black and white, we should use more imagination, and hear what you all have to say. He asked the City Attorney if he had to recuse himself because of the demonstration. The City Attorney said he was able to vote on this issue. Ms. Simchick said Mr. Wolff protesting is no different than a Council member stating his opinion in a newspaper article. Ms. Simchick said this has been an emotional issue, she and Ms. Coy had voted for the parking, understood Mr. Neglia's passion, that at first she was not in favor when the City Manager asked us to reconsider the issue, said she did not like the way it was brought back, but would not change her original vote, noted parks change all the time, that in time people will call this Main Street Park, she has heard there are not enough benches along the river, noted the Hardee Tree is registered historic, City Park and Jordan Park are not historic and they will still be a park. Mayor Gillmor said there have been a lot of good comments, it was said this was a reconfiguration of a park, said he and his wife visited the area, and had to park in Vic's Restaurant parking lot to walk the riverfront and that parking is an issue in the area. He asked how you are going to enjoy the park if you have to walk two miles to get there, maybe we should reinstitute Candy Cane park and make it work, maybe we can put some benches there, for the last thirty years no one used it, and for the last nine years the City has put no money there. Mr. Hill said if this passes, people need to see what is currently planned there and what we are talking about, had the City Manager exhibit the photo of the park location he got from Google, which shows a dirt parking lot, and then he exhibited what is currently approved by the previous Council, and then the lot we are talking about tonight which is a very little difference. He said his phone was not ringing off the hook, and got only one phone call, and one a-mail. He said he took this very seriously, most of the people didn't even know this was going on, and said a lot of the animosity about this parking is about the Chamber, and some individuals are propagating this and saying we are not listening to the people. He said we hear we are not Z4 10 Regular City Council Meeting February 25, 2009 Page Eleven doing enough for small business, and then they attack the people who are doing the most for small businesses which is the Chamber, and that we are spending hours on a parking lot because it is next to the Chamber. He said he was wholly in favor of what we are doing tonight. Ms. Coy said she keeps hearing the park was donated by the Jordan family, but actually it was taken in a tax deed for delinquent taxes. Mr. Wolff said this information was not provided to City Council, and the City Clerk confirmed that the City Park property was not donated but taken in a master deed and this information was included in the documents she provided to all of Council last Friday. Ms. Coy noted that the name Jordan comes from an honor that was made in 1954 and the Clerk corrected it to be 1974 and that it was for a former City Clerk. Ms. Coy said she was skeptical coming into Council and it took her a year to understand the other side of government, and it took her a while to understand what the Chamber does for the City, she said there are many parks in the City, cited how people use Easy Street Park all day long, Barber Street Park is well used, Riverview Park has people. She said we need the parking for people who walk down there, said she was sorry if anyone is offended but it is the right thing to do. Result of roll call: Ayes: Coy, Hill, Simchick, Gillmor Nays: Wolff Passed 4-1 09.007 C. Discuss 163-171 i. Manner in Which Items are Carried Forward to Subsequent Meetings When a Meeting is Not Completed ii. Public Input Mayor Gillmor discussed the procedures and noted in the past people would sign up to speak and said if we reinstitute that sign-up sheet and we don't get to "Public Input," those names could carry forward to the next meeting. Mr. Hill said one of the problems is that people might be late and not sign the sheet, The City Clerk noted in the past the problem may have been that the sheet was collected at the beginning of the meeting and instead maybe it can be collected when we get to public input and handed to the Mayor or if we don't get to public input then those names automatically carry over. Ms. Simchick said in the past we allowed people to contact the City Manager to list them on the agenda. Mr. Wolff expressed some concerns for using asign-up sheet, but it was decided that any individual would be allowed to speak at the meeting whether or not they had signed, but only the names on the sheet would be carried over if the meeting ended before "Public Input." Damien Gilliams said he thought this a great idea ~~ 11 Regular City Council Meeting February 25, 2009 Page Twelve Mr. Ginsburg suggested the speakers list the topic because maybe it is something that the City Manager can deal with in between meetings with an option to leave a telephone number. 13. CITY ATTORNEY MATTERS The City Attorney said he had contacted the previous Special Magistrate applicants, and two of them are interested and we could set up interviews or we could go ahead and engage them both because they are both active attorneys and could back each other up. He said if Council agreed he can bring back contracts and invite them to come before Council. Ms. Coy said she liked having one person, and when issues become repetitive, she liked having one consistent mind. Ms. Simchick suggested perhaps a specific case could stay with one of them and the City Attorney said this would not be in the best interest of the City because these cases need certainty. It was the consensus of Council to go with one individual and the City Attorney said he would contact the next highest ranked individual and try to reach an agreement and then go to the next if necessary. 14. CITY MANAGER MATTERS The City Manager reported the truck delivering the two pedestrian bridges for Barber/Periwinkle was pulled over changing the installation date from Friday, February 27 to Wednesday, March 4th He said in regard to highway advertising that came up tonight, his wife who has graphic design experience put together thumb sketches for billboards, and said he would get them out to Council and seek direction at a later time. 15. CITY CLERK MATTERS -None 16. CITY COUNCIL MATTERS A. Council Member Coy -None B. Council Member Simchick Ms. Simchick said she would not want to partner with businesses on billboards but rather have a billboard for Sebastian; said she would like to work on a kiosk at the Tourism Workshop on March 18th C. Council Member Wolff Mr. Wolff gave the City Manager a parable in regard to his wife's design of a City billboard. ~~ 12 Regular City Council Meeting February 25, 2009 Page Thirteen He stated that on the parking issue, he did receive a lot of phone calls and e-mails, spoke to 40-50 people about it and they are not all gadflies. He said he had no animosity for the Chamber, that people told him they knew what the vote was going to be and that good people spoke here. D. Mayor Gillmor -None E. Vice Mavor Hill Mr. Hill said he would like Beth Mitchell to come to Council and talk about Chamber of Commerce functions and renovations at the next meeting if available. 17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 10:00 p.m. Approved at the March 11th, 2009 Regular City Council meeting. Richard H. Gillmor, Mayor ATTEST: Sally A. Maio, MMC -City Clerk ~~ 13 ZS cm of ~~ 1~ r~~c~r•R~ off F~a.r~r.,~ra ~~~~o~ AGENDA TRANSMITTAL Subject: Agenda No. :U~'3/Uq.Otl-~ E onomic Development Plan Department Orig' Cit Mana er City Attorney: City Clerk: Ap ve Submittal by: Date Submitted: 5 MAR 2009 AI n r, it Mana er Exhibits: Economic Development Plan SUMMARY After the workshop conducted on February 18, 2009, Council's initial modifications to the Economic Development Plan have been made. Specifically, I bring your attention to Objective 3 Policy Statements 3.1 - 3.5 concerning incentives. After discussion and additional research, it is the opinion of this office that the (1) expedited site plan review; and, (2) ad valorem tax abatement credits are the most meaningful incentives the City can provide. Those items are listed in policy statements 3.1 and 3.2. Expedited site plan review is already in place and ready to move forward. Should Council consider ad valorem tax abatement credits additional conversation should take place. Indian River County is now in the process of considering such a tax abatement policy. To offer tax abatement credits a referendum is required. The County is considering a referendum on this question in November 2009. For the City to follow, a resolution putting forth the question to the community will be needed. In conversation with the Elections Office, a special election on the question can be held in November for no additional election cost. The requirement would be an initiating resolution passed by August 2009. If a special election is held on the abatement question at another time, code states in Section 4.04 Special Election for Other Purposes, "A special election...., may be authorized by resolution at any time by the City Council; provided, not less than thirty (30) days or more than sixty (60) days intervene between the date of the adoption of the resolution and the date of the election." This option allows Council to establish the special election, but would have election cost ramifications. With Regard to Policy Statement 3.3 - 3.5, CRA revenue is used to provide incentive. However, this suggestion does not consider the matter of a temporary suspension of the CRA and does not provide benefit to commercial or industrial land outside the CRA district. The purpose in bringing this to your attention is to generate discussion on incentives and build consensus for a future plan. Finally, a Resolution for Economic Development Plan adoption has been submitted, if Council is ready to move forward. However, should Council wish to modify the plan, the Resolution can be tabled and adopted at another date. RECOMMENDATION Seek direction from Council with regard to Economic Development Plan adoption. Z~ 3~ RESOLUTION NO. R-09-11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A DRAFT ECONOMIC DEVELOPMENT PLAN FOR THE CITY OF SEBASTIAN DATED MARCH 2009 AND USING SUCH PLAN AS THE GROUNDWORK FOR A FINAL ECONOMIC DEVELOPMENT ELEMENT TO BE INCORPORATED INTO THE CITY OF SEBASTIAN COMPREHENSIVE PLAN AT A LATER DATE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council recognizes the need for a City of Sebastian Economic Development Plan to encourage commercial and light industrial development for job growth in the City of Sebastian; and WHEREAS, the City of Sebastian in conjunction with the Sebastian River Area Chamber of Commerce and Chamber Economic Development Task Force have worked together over the last two years to develop an economic development plan; and WHEREAS, City Council at its February 18, 2008 workshop discussed the draft plan and directed staff to bring back a Resolution for adoption. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Council hereby adopts the March 2009 Draft City of Sebastian Economic Development Plan as attached hereto as Exhibit "A". Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put into a vote, the vote was as follows: 31 Mayor Richard Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of March, 2009. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Richard H. Gillmor, Mayor Approved As to Form And Legality For Reliance by the City Of Sebastian Only: Robert A. Ginsburg, City Attorney 2 3z CfTY OF HOME OF PELl~AN ISLAND CITY OF SEBASTIAN COMPREHENSIVE PLAN ECONOMIC DEVELOPMENT ELEMENT MARCH 2009 DRAFT Prepared .By: City of Sebastian Growth Management Department 1225 Main Street Sebastian, Florida 32958 33 34 CITY OF SEBASTIAN COMPREHENSIVE PLAN ECONOMIC DEVELOPMENT ELEMENT Preamble In April 2007, the Sebastian City Council conducted an Economic Development Workshop. This exercise was held in conjunction with the Sebastian River Area Chamber of Commerce, who sponsored Bill Fruth, a nationally renowned economist, as a speaker for the meeting. As a result of the workshop, the City Council unanimously agreed to create an Economic Development Plan for the City of Sebastian. Subsequently, the City Council adopted Resolution #R-07-45, which enlisted the efforts of the Chamber of Commerce to help develop a plan. Accordingly, the Sebastian River Area Chamber of Commerce started the task assigned by the City Council and created an Economic Development Task Force. The task force's members were appointed by the Chamber of Commerce and included citizens with business backgrounds and perspectives. From November 2007 through April 2008, the task force met and deliberated. Their final product entitled "Economic Development Plan for the City of Sebastian" was presented to the City Council in a workshop on January 7, 2009. The Council formally accepted the plan as presented by the Sebastian River Area Chamber of Commerce. In moving forward with this endeavor, the Chamber of Commerce's Economic Development Plan was used as the foundation for this element of the City of Sebastian's Comprehensive Plan. CHAPTER-i DRAFT ~~ GOAL It is the goal of the City of Sebastian to promote economic growth through commercial development, light industrial development and job creation. OBTECTIVE 1: Identify business sector targets that offer light clean business/ industry and support a living wage. Policy 1.1: The City shall support primary and secondary target industries as adopted by Indian River County. In addition, the City recognizes the special characteristics of the local economy and will develop Sebastian target industries as an addendum to County wide targets. The City also identifies industries which are detrimental to the community and seeks to avoid. The target list shall be reviewed as needed in order to reflect the current economic climate. Primary Target Industries 1. Clean Light Industrial -Warehousing, Distribution 2. Aviation/Aerospace Technology 3. Medical Industry 4. Marine -Boat Manufacturer, Fishing Equipment 5. Eco-Tourism Related Businesses 6. Green Initiatives Secondary Target Industries 1. Retail 2. Aquaculture 3. Automotive 4. Surfing/Fishing Equipment 5. Family Entertainment Industries to Avoid 1. Heavy Industrial/Manufacturing 2. Chemical 3. Fertilizer 4. Cement Objective 2: The City of Sebastian will provide new and expanding businesses with incentives, if certain job criteria are met. Policy 2.1: New and expanding business shall diversify the local economy and increase the tax base by paying wages that are equal to or above 100% of the average wage and benefits uz Indian River County as published and identified by the Indian River County Chamber of Commerce. Policy 2.2: New and expanding business seeking City of Sebastian incentives shall create a minimum of five (5) new jobs. CHAPTER-1 DRAFT 38 Objective 3• For new and expanding business that meet the policies in Objective 2, the City shall provide financial and other incentives. Polic~3_1: The City of Sebastian will offer expedited site plan review that guarantee administrative determination, and permit issuance, within sixty (60) days of formal permit application. Administrative determination and permit issuance that require review, approval, and issuance by the appropriate local advisory board and/or City Council, will be guaranteed review by the local authority within sixty (60) days from formal permit application. Note: Policy Statements 3.2 through 3.5 are suggestions for Council Consideration to promote discussion on the incentive question. Policy 3.2: Partner with Indian River County in providing ad valorem tax credits. Policy 3.3: Provide CRA financing for County Impact Fees. Policy 3.4: Allow the use of CRA funds to reduce the cost of 1. Water/Sewer Connections; 2. Local Building Permit Fees Policy 3.5: Provide special lease arrangements at the Sebastian Municipal Airport that mitigate construction and future costs. OBJECTIVE 4: The City of Sebastian recognizes that all new, expanding and existing business is important to the local economy. The City shall implement policies that promote business development no matter their size or impact on the local economy. Policy 4.1: Develop a marketing plan to target the identified sectors. Policy 4.2: Consider areas outside the City for annexation that could provide future areas for commercial or industrial development. Objective 5• The Citv of Sebastian shall promote, develop and enhance the use of the Sebastian Municipal Airport. Policy 5.1: The Sebastian Municipal Airport shall actively market airport industrial lots and space and coordinate its marketing plans with other area marketing plans. Polic~.2: The Sebastian Municipal Airport will seek grants and other funding opportunities to improve roads and infrastructure delivery. Policv 5.3: In developing the Sebastian Municipal Airport, win-win scenarios will be realized that support the economy, while protecting the natural environment and conservation areas that encompass the airport. CHAPTER-2 DRAFT 3 ~D Objective 6: The City of Sebastian will promote and provide a skilled labor force bX ensuring that educational and housing opportunities flourish. Policy 6.1: Establish a list of training needs for target and other businesses. Policy 6.2: Further education efforts for job training programs through local high schools that provide vocational training and assist, if necessary, in providing venues for training. Policy 6.3 Continue partnering with Indian River State College for post-secondary educational training opportunities. Policy 6.4: Develop other contacts for four-year colleges or universities to determine the probability of a branch campus or research facility being established in Sebastian. Policy 6.5: The City will work with the County's Local Housing Assistance Program, Workforce Housing Tax Credit Program, and other housing programs, to provide and continue to provide affordable housing opportunities within Sebastian. OBJECTIVE 7: Provide technical assistance to business. Policy 7.1: The City of Sebastian will create a Business Assistance Team in order to promote Sebastian, as well as provide technical assistance to existing, expanding, or new businesses through the regulatory processes of the City, County, State and Federal governments. Policy 7.2: The Sebastian River Area Chamber of Commerce and other economic development groups designated by the City Council shall develop and provide a community information package for new businesses and or businesses relocating to Sebastian. OBJECTIVE 8: Intergovernmental Coordination with other local municipalities, the CountX State, and Federal agencies for economic development. Policy 8.1: The City shall involve appropriate parties in any economic development project so that all entities are properly represented. Policy 8.2: The City through pre-application meetings and site plan review meetings, shall review procedures, identify needed permits, and provide information and feedback to applicants to expedite the permitting process. The City shall also assist applicants by providing information on non-county required permits or reviews and provide contact information. OBJECTIVE 9: Tourism Development Policy 9.1: Market the City's historic themes on an eco-tourism and cultural tourism basis. Policy 9.2: Support the Sebastian River Area Chamber of Commerce efforts to market the Sebastian area as a vacation/recreation area. DRAFT CHAPTER-3 C 4~ Policy 9.3: The City shall maintain gateway corridors (primarily 512 and US 1) with landscaping and pedestrian amenities. Policy 9.4: The City shall explore historic tourism opportunities including walking tours. Policy 9.5: The City shall participate with the MPO in the North County Greenways plan for pedestrian, bicycle and waterway corridors. CHAPTER-4 DRAFT ~3 ~~ ~trr ar ~~~ ~~ .J _.. _ J ~ ~r ~ .. ~.i ~ ~~ ~. > ~: F9L'~A.PoE Cyr PEL[~APd 65[.AIy~D AGENDA TRANSMITTAL Subject: Agenda No. nQ ~l~Z 1 Department Origi Cit i ana er Billboard and other CRA Advertisement City Attorney: City Clerk: ' Date Submitted: 5 MAR 2009 Ap ve ubmittal by: i er, it Mana er Exhibits: Attachments EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $20,000 $500 CRA Action SUMMARY During the course of the last several weeks, Council has considered advertisement as a way to promote Sebastian and stimulate the local economy. Two ideas have been presented concerning this matter. First, Mayor Gillmor has been in contact with the Chamber of Commerce to develop a Treasure Hunt. This program would stimulate the local economy by enticing citizens to visit local business by conducting a treasure hunt that offers prizes and promotion. At the end of the "hunt", a grand prize is issued to a patron who signed up at local businesses along the "hunt" route. The Chamber will generate all prize funds, but the City is needed to advertise the event. This is an eligible expense for the business in the CRA district. The request is for $5,000 in advertisement costs. Second, Council has considered I-95 billboard advertisements for Sebastian. The cost range for I-95 billboard is between $800 - $1,200 per month. There are some current vacancies available on I-95 in the Melbourne area for $800 per month. Also, US 1 advertising is available for $400 - $800 per month. Tom Collins has helped identify some of these billboards. Attached for your review are 13 thumbnails of Sebastian advertisements. They are labeled for review from A-M. RECOMMENDATION At the Wednesday Council meeting, I will ask Council direction and their opinions regarding their opinions on the promotion thumbnails. I will also seek Council opinion on a $20,000 transfer from CRA funds, where $370,000 of unallocated FY 2009 funds. However, the financial transaction will need to be made as the CRA -not the City Council. ~}5 ~~ A 8 G ~1 ~~ V ~~ 5~ 5~ 5z J i 53 54 55 5~c :, w :~. =~~ ~~11+~l~~L A1PC~T AGENDA TRANSMITTAL ['_;tv of Sebastian. Florida Subject: Amendment of DeShea Aviation Agenda No. C) ~ ~ ~ ~ ~ Airport Lease Agreement Department: ` / Airport (origin): f~" Finance Director: City Attorney: Cf Ap rove r Submittal by: City Clerk: ~~~~ ~~~ Al in ity Manager Date Submitted: 03/04/2009 For Agenda of: 03/11/2009 Exhibits: 1. Airport Lease w/assignments 1 & 2; 2. First Amendment of Aviation Lease Agreement EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ -0- $ -0- REQUIRED: $ -0- SUMMARY Mr. Neff Dee is the President/Owner of DeShea Aviation (hereinafter "DeShea"), a long-time airport tenant. DeShea operates a leasehold at the airport that is engaged in aircraft rebuilding and refurbishment. Mr. Dee is a seasonal resident of Sebastian. However, his extended family are permanent residents of Sebastian. Mr. Dee wishes to modify his lease by adding: 1. Advanced (instrument) flight training, and 2. Aircraft maintenance and inspection. Mr. Dee is awell-qualified pilot/instrument flight instructor, retired airline pilot, and FAA qualified maintenance inspector. There are no aircraft maintenance inspectors or instrument flight instructors at Sebastian Airport. Mr. Dee is 5~ interested in performing these additional duties only while he is in seasonal residence in Sebastian. In addition, Mr. Dee sub-leased part of his leasehold in March 2008. He received the requisite administrative approval allowing his tenants, 2 Bums Aircraft (hereinafter 2 Bums), to perform work as the underlying DeShea lease would allow. The tenants wish to expand their operation and, perhaps, add a few jobs. The Tenants "Use and Purpose" would be restricted to the following only: 1. Construct `Kit' Built Aircraft 2. "Familiarization"' Training in aircraft built on-site. 3. Conditional yearly inspections on experimental aircraft. 4. Contract services on experimental aircraft. It is airport staff's position that the use and purpose changes to the DeShea leasehold would not affect other tenants at the airport. In some cases, additions to DeShea's use and purpose may complement other tenants, especially in the area of aircraft maintenance inspections. The change in the use and purpose of the 2 Bums operation may permit that entity to add some jobs, which would benefit the community. Any change to flight operations would be de minimis. RECOMMENDATION Approve execution of the FIRST AMENDMENT OF AVIATION LEASE AGREEMENT for DeShea Aviation. 5~'' AIRPORT LEASE THIS LEASE, made and entered into this 27th day of September, 1995, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and BRIAN E. BARRY, (hereinafter referred to as the "Tenant"}. The Landlord and the Tenant are sometimes collectively referred to herein as the "parties". WITNESSETH: WHEREAS; the.:Landlord is the owner of certain property located in the County of Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and S WHEREAS, the certain property is aIsa available far use for those activities consistent with or in support of aviation activity; and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property; and WHEREAS, the Tenant desires to lease the said propert}r from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby aclrnowledged, the parties have agreed as 5 O ~~%~~- ~ follows: °- 1. RECITALS. The above stated recitals are hereby incorporated by reference in this Lease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that portion of the real property of the Landlord which is described more particularly on Schedule "A" annexed hereto and made a part hereof by reference (hereafter referred to as the "leased premises"). - .:. 3. TERM OF LEASE. The term of this Lease shall be for a period of twenty (20} years commencing sixty (60) days after the date the Tenant executes this Lease and will end on the twentieth (20th) anniversary of such date. So long as the Tenant is not in default of any term, condition or covenant provided in this Lease Agreement, including any addendum hereto, the Tenant shall have the option to renew this Lease for one (1} additional twenty (20) year term (the "Option Term"} by providing the Landlord with written notice of the Tenant's decision to exercise his option no less than one hundred eighty {130} days and no more than two hundred ten {210) days prior to the expiration of the initial term of this Lease. All other provisions of this Lease Agreement shall apply during the Option Term; provided, however, the yearly rent during the Option Term shall be in an amount determined by the Landlord by and through the City Council of the City of Sebastian, including the method for calculating annual adjustments thereto. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of • ~~~ this Lease shall be as follows: (a} For the leased premises the yearly rent shall be one thousand two hundred dollars ($1,200.00) per acre. The Landlord recognizes that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In July of 1996, 2001 and every five (5) years thereafter the Landlord will compare the base price index for December of 1991 and the yearly rent amount shall be increased (or decreased} on December 1, 1996, and every five (5) years thereafter in the same proportion as said July index has increased (or decreased} over" (or under} the price index for December, 1991, or for December, five (5} years earlier. In no event, however, shall the rent decrease below the sum of $1,200 per acre. (b} Time of the essence_ The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that time of payment of performance is of the very nature and essence hereof. (c} Default in rent If any of said sums of money herein required to be paid by the Tenant to the Landlord shall remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) Total acceleration. To accelerate the maturity of the rent installments for the balance of the term. This option shall be exercised by an instrmment in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all unmattired rent installments presently due and payable. (2) partial acceleration. In lieu of the option in Sub-paragraph (l) above, 3 /t the Landlord may, in Like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3} . In addition to the option herein granted above, the Landlord may exercise any and all other options available to it hereunder, which options may be exercised conciurently or separately with the exercise of the above options. (~ i~fa_„1 ~ o 'sions. If the Tenant shall default in the performance of any other term of this Lease (except the payment of rent), the Landlord, or its agent or employee, shall send to the Tenant a written notice of default, specifying the nature of the default, and the Tenant shall, within thirty (34} days after the date of said notice, cure and remedy said default, whereupon this Lease shall continue as before. If the Tenant shall fail to cure and remedy such default within said. time, the Landlord shall have the right to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder, including, but not limited to, those remedies, procedures and rights specified in the other paragraphs of this Lease. (e) In addition to the rental amount, the Tenant shall pay Florida sales tax, if applicable. (f) The above rental for the leased premises shall be payable in advance, in monthly installments, commencing from the date of commencement of this Lease, as described • ~~ in Section 2 (above) and on a like day of every month thereafter during the term of this Lease. 5. FUEL FLOWAGE FEE. (a} In addition to the rent due hereunder, the Tenant and any sublessee of Tenant, shall also pay to the Landlord the following sums, which shall not be rent for the leased premises, but shall be collected by the Landlord from the Tenant, and any sublessee of the Tenant, at the time of delivery at the Airport: Two cents per gallon on all aviation fuels delivered to the Tenant, or to any sublessee of the Tenant, at.the,.Airport (the preceding charge per gallon shall be subject to change at any time by Landlord as determined by resolution of the City Council of Sebastian. Such change shall become effective immediately upon delivery of written notice thereof to Tenant). (b} The Tenant and any sublessee of the Tenant shall furnish to the Landlord written detailed monthly statements showing the total amount of aviation fuels delivered to the Tenant, or any sublessee of the Tenant, at the .Airport. Said statements shall be furnished no later than the 15th day of each month during the time this Lease shall be in force. The Tenant agrees, both on behalf of itself and any sublessee of the Tenant, that said amounts may be collected by the Landlord from the Tenant, or any sublessee of the Tenant, in the same manner as rent. (c} The monthly statements referred to in the foregoing subparagraphs pertain only to operations conducted at the Airport and exclude any operations of the Tenant, or any sublessee of the Tenant, conducted at other locations. (d) The Tenant, or any sublessee of the Tenant, shall further retain upon the 5 ~~ leased premises all delivery bills, invoices and related records pertaining to all aviation fuels delivered to the Tenant, or to any such sublessee, and shall produce and make available such books and records upon request by the Landlord for the purpose of auditing payments to the Landlord as provided hereinabove. Such books, records and other documents shall be made available for inspection to representatives of the Landlord within 15 days of written notice to the Tenant or any sublessee of the Tenant. If said inspection reveals that payments to the Landlord are in error, by more than 2%, then Tenant shall pay the additional amount owing to Landlord plus all: costs of said inspection. 6. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the purposes described in Paragraph 7 below, and that in order to utilize the leased premises for this purpose, it will be necessary to erect thereon a building and other improvements, to be constructed by the Tenant upon the leased premises at the Tenant's sole cost and expense and to comply with all applicable rules, Laws, regulations and requirements pertaining thereto. (a} The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 7 hereof, and shall have the right to construct upon the leased premises any buildings or other structures described in this Agreement, provided any such buildings or structures do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the FAA prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local • ~~ and state codes, regulations and requirements as well as in_accordance with all requirements of the Federal Aviation Administration ("FAA"}. (b} The Tenant shall indemnify, defend and hold the Landlord harmless from any claims; losses, damages or liens arising out of the construction of any such buildings or structures. (c} In order to confirm sole ownership in the Landlord, the Tenant shall, at z Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect tifle to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances; liens, and title defects of any kind. All buildings, structures and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier i termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair,. ordinary wear and damage by the elements excepted. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non-fixture personalty owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all such personalty, provided the Tenant is not then in default of any covenant or condition of this Lease, otherwise all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any • 7 ~o ~ damage to the leased premises caused by the removal by Tenant of any sach personalty shall be repaired by Tenant forthwith at its expense. (d) In. the event the Tenant is prohibited from obtaining a building permit or license to construct-the improvements described below, within ninety (90} days from the date hereof, from the appropriate governmental authorities having jurisdiction over the leased premises, for reasons not caused by and beyond the control of the Tenant, this Lease shall be null and void and the Landlord and the Tenant shall have no obligation toward each other except as otherwise-provided herein. (e} Attached hereto as Schedule "B" is a description of all improvements to be constructed on the leased premises by Tenant, including the date of commencement and completion required for each improvement. In the event that such improvements are not commenced on the applicable date set forth in Schedule "B", and thereafter completed on the applicable date set forth in Schedule "B", Landlord shall have the option to terminate this Lease and have no further obligations to Tenant hereunder. Such option shall be exercised within a reasonable time by written notice to Tenant. 7. USE 4F LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. The Tenant agrees that the leased premises shall be used • a by the Tenant solely for the fallowing purposes or uses: Aircraft Refurbishing and Rebuilding Any use of the leased premises other than those specifically stated above are expressly prohibited. No other use maybe conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. 8. REPAIRS AND ALTERATIQNS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located or any part hereof thereon during the Lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, • including, but not limited to, buildings (and all parts thereof} and the parking and service areas located on the leased premises, in a good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises be kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may be • withheld for any reason, the Tenant, upon completion of the original improvements, at its sole cost and expense, may erect such additional improvements on the Leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations 9 ~~ or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 9. UTII,TTIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service or any other utility or service consumed in connection with the leased premises. The Landlord shall have no liability for the failure to procure or the interruption of any such services or utilities. 10. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as maybe permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 11. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenanfs leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefor shall be provided to the Landlord upon request. 12. INSURANCE. The Tenant shall provide and keep in force, at its awn expense, during the term of this Lease, public liability and property damage insurance coverage with la (o ~' respect to the leased premises, including those portions of the -said premises used for driveways, walkways, and parking areas. The insurance coverage to be maintained by the Tenant shall contain limits of not less than $500,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident, together with $500,000.00 for damage to property. (Tenant agrees that Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease by resolution of the City Council of the City of Sebastian. Landlord will give written notice of any such change to Tenant, and such changes will take effect. immediately.) Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody`s and Standard and Poors. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph 12 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. I3. FIRE AND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of fire and extended coverage insurance as the Landlord deems necessary and appropriate. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the buildings • 11 and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal roe used in coon P P riy ection vv~th the leased premises. Any policy ar policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. All policies described in this Paragraph 13 shall contain a clause a~ preventing cancellation of any coverage before thirty (30} days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 14. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER CASUALTY. In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Tenant, at its o rion, a ees that it will P ~' cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80% of the principal building, if any, is unusable. In the event the Tenant elects to repair and/or replace the building and other improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have any responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. Provided, however, that all repaired and/or replaced building and other improvements are repaired/replaced in a manner equal to or better than the I2 ~~ buildingimprovement being repaired or replaced. (a) If the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Landlord shall have two options: (1) To continue to Lease; if the Landlord elects to continue the Lease, the Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction, such proceeds to be the sole property of the Landlord; or (2} To cancel the Lease; if the Landlord elects to cancel the Lease, the Landlord shall be entitled, to that portion of the insurance proceeds paid as a result of damage and/or destruction to the building and other improvements on the leased premises, the Tenant shall be entitled to the remainder, if any, of the insurance proceeds. (b) In the event the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting therefrom. 15. 1NDEMNIFICATI~N. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenan>'s occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and invitees, including all attorney's fees incurred by tlae Landlord in defending any such claims. This Paragraph 15 shall survive the termination or cancellation of the Lease. 16. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend 13 .~ ~ and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of (I} any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant or its sub-Tenants. This Paragraph 16 shall survive the termination or cancellation of the Lease. 17. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Lease, the Tenant is.precluded or prevented from using the leased premises for those specific purposes identified in Sections 6l7 of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue far a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 18. LANDING FEES. Landing or any other type of use of runway fees are specifically prohibited by this Agreement, so long as all other tenants of the property owned by the Landlord located at the Airport are prohibited from charging any such fees, as the use of the Airport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 19. 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 aver the ~~ 14 ~z operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement i i 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) ~I consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 20. ET~NENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, building and/or improvements on the leased premises shall belong to the Landlord_ If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 21. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a} The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; 15 ~'' (c) The Tenants failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenants abandonment of any substantial portion of the leased gremises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they became due, or a receiver or trustee shall be appointed for ail or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do ar permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County. Each parry covenants and agrees that 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 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 16 ~~ 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 or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof; (I) The liquidation,.termination, dissolution or (if the Tenant is a natural person) the death of the Tenant or all Guarantors of the Tenants obligations hereunder; (j) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant submits, more than two times during the Lease term, a statement of aviation fuel sales that understates actual such sales by five percent (5%) or more; (1} The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts a through k above. Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30} days, from 17 7 the date notice is sent by the Landlord, within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days, from the date notice is sent by the Landlord, within which to remedy such default by paying alI rent due. 22. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and tenant. 23. NOTICES AND REPORTS. Any notice, report, statement, approval, consent designation, demand or request.to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Tenant: provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant_ • 18 7d 24. RIGHT TO 'INSPECT. The Landlord may enter the leased premises upon reasonable notice: (a} To inspect or protect the leased premises or any improvement to a property location thereon; (b} To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c} To exhibit the leased premises to any prospective purchaser or tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 25. OWNERSHIP OF TRADE FI~~TURES SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, any and all trade fixtures, signs and personal property, used by the Tenant in the operation of its business, on the leased premises shall remain the Tenant's sole property and the Tenant shall have the right to remove the same provided any damages in removal are repaired by the Tenant at Tenants sole cost. In case of breach of this Lease by the Tenant, or the termination of the Lease, or any extension hereunder, that may be granted, the Tenant agrees to immediately surrender possession of said facilities, and all the buildings, edifices, etc, that are constructed by or on 19 ~d behalf of Tenant. The facilities, buildings, edifices, etc, shall then become the property of the Landlord. ;I 26. HEIGHT RESTRICTIONS. The Tenant expressly agrees far itself, its successors and assigns, to restrict the height of stnzctures, objects of natiual growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, far the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as maybe inherent in the operation of aircraft now known or hereafter used, far navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 27. NONDISCRIlyIINATION. 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 an the rounds of religion, 20 7 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 Ieased 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 Tide 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Deparnnent of Transportation -Effectuation of Title VI of the Civil Rights Act of 19b4. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. Landlord represents and warrants that the leased premises is zoned Airport Industrial (AI), pursuant to the applicable governmental ordinances. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be 2I `~ secured by this Lease, and shall be promptly due and payable to the Landlord_ All delinquent payments to the Landlord shall bear interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's 1 rights under this Lease by reason of the Tenant's default, ail such revenues, income, rents, earnings and profits derived or accruing from the leased 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 benef t of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. Despite any provisions in this paragraph which is or may appear to be the contrary, Landlord acknowledges that the lien of the leasehold mortgage upon Tenant's revenues, income, rents, earnings and profits as 22 described above shall be recognized as superior to Landlord's Lien. i~ The Tenant acla3owledges that the Landlord has adopted an Airport Master Plan and the Tenant covenants that he will use the leased premises to be consistent with the Airport Master Plan. The Tenant shall not allow its occupancy or use of the lease premises to constitute or become a public or private nuisance. 28. ENTIRE AGREEMENT. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrwment, which maybe amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 29. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the Leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord, which consent may be withheld for any reason. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance sgecif ed in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 30. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein_ 23 ~1 31. APPLICABLE LAW~JENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. 32. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels. 33. RECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TENANT: n .Barry CITY OF SEBASTIAN A Municipal Corporation xisting under the Iaws of the State of Florida l~~ ~1 oel L. Kofor City Manager ST: ~ Ka ivf. 'Halloran, C CIAAE City Clerk Approved as to Form and Content: ~-- a . ~--~~ ~. Clifton A. McClelland, Jr. City Attorney • 24 ~J ~('HEDLTLE "A" 'This Schedule is a part of that certain Lease between the CITY OF SEBASTIAN and BRIAN E. BARRY dated ~ a ~ -ri.s for leased premises at the Sebastian Municipal Airport. LEGAL DESCRIPTION OF THE PROPERTY: PEENING GRANT THAT CERTAIN PARCEL LYING IN SECTION 29 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID SECTION 29, RUN S44 21'28"E, 818.81 FEET ON SOITITIWEST BOUNDARY OF SECTION 29 OF CENTERLINE OF ROSELAND ROAD; THENCE N04 48'59"W, 514.65 FEET ON SAID CENTERLINE; THENCE N89 50'46"E, 644.4b FEET; THENCE N00 09' 14"W, 1256 FEET TO TRUE POINT OF BEGINNING; THENCE N89 50'46"E, 425.00 FEET TO A POINT WHICH LIES 75.00 FEET WEST OF THE CENTERLINE OF AN EXISTING AIRPORT TAXIWAY; THENCE N00 09`14"W, 307.00 FEET; THENCE S$9 50'46"W, 425.04 FEET; THENCE S00 09'14"E, 307.40 FEET TO TRUE POINT OF BEGINNING. CONTAINING 3.00 ACRES, MORE OR LESS. (LEGAL DESCRIPTION PROVIDED BY OTFIERS.) St'x~D~LI~E ,-B_' This Schedule is a part of that certain Lease between the CITY OF SEBASTIAN and ~an E. Barry dated for leased premises at the Sebastian Municipal Airport. ~~ Listed below are the description of each improvement to be constructed by Tenant on the leased premises and the required dates of commencement and dates of completion for each such improvement: Description of Improvement Two Airplane Hangars which are 18.5' in height with a minimum floor area of 3,400 square feet each. The Hangars should also have an additional 720 square foot area as office, bathroom with customaryfixtures, and storage space under air conditioning. Each Hangar shall have a wooden deck with an area of 280 square feet and a 1,250 square foot concrete apron. The buildings, decks and concrete aprons shall be built in accordance with the site plan which is in effect on the date of construction. All of the foregoing improvements shall be considered buildings, structures or fixtures and shall become the property of the Landlord upon termination of the lease, in accordance with paragraph six. Sixty days after the City Manager furnishes written notice to the Tenant that road access is vailable. Ninety days after receipt of the written notice from the City Manager that road access is available. TENANT: Brian E. Barry CITY OF SEBASTIAN A Municipal Corporation existing under the laws o£ the State of Florida l~ ei L. Koford City Manager A T ST: '~ GLc '_ C.,' C~~ Ka M. O' alloran, C C AAE City Clerk Approved as to Form and Content: ~. Clifton A. McClelland, Jr. City Attorney This Addendum is made and entered into this ~, day of October 1996, by and between the City of Sebastian, a political subdivision of the State of Florida ("Landlord"), 1225 Main Street, Sebastian, Florida, 32958, and Brian E. Barry, 166 Abeto Terrace, Sebastian, FL ("Tenant"). WHEREAS, Landlord and Tenant have entered into that certain Lease dated September 27, 1995, ("Lease"); and WHEREAS, Landlord and Tenant have agreed to modify and amend the Lease as set forth herein below. NOW THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: 1. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 2. All capitalized terms used herein shall have the same meaning ascribed to them in the Lease. 3. In the event of a conflict between the terms of this Agreement and the terms of the Lease, the terms of this Agreement shall control. 4. Tenant has formed Aerotrace, Inc., a corporation, under the laws of the State of Florida, for the purpose of doing business at the premises covered by the Lease. The shareholders and percentage of shareholders of Aerotrace, Inc., are as follows: Brian E. Barry l00 Jahn E. Barry 30% ,~ ~~, C7 Stephen J. Barry Anna Marie Barry 30~ 30% The parties agree that Aerotrace, Inc. will be substituted for Brian E. Barry as the tenant under the Lease. 5. Tenant and Landlord agree that an easement for drainage purposes shall be reserved for the City as a public drainage easement on the southerly 10 feet of the easterly 195 feet of that property described in SCHEDULE "A" which is a part of that Lease between Tenant and Landlord dated, September 27, 1995. 6. Except as modified hereby, all other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement as of the day and year first above written. Bria y Aerotrace, 'Inc. By: arry President K r In , / AAE City Clerk c~'rTEST ~' ~ / r Q~~-~. at -~ . O' i;alloran CMC City of Sebastian By: / c.~.)• Thomas W. Fr me City Manager (Seal) Approve~.z~s to Form and Content: ', ~ Valerie F. Settles, City Attorney g~ CONSENT TO ASSIGNMENT OF AIRPORT LEASE BE'T'WEEN CITY AND AEROTRACE DATED SEPTEMBER 27, 1995 TAE CITY OF SEBASTIAN hereby consents to the assignment of that certain LEASE, made and entered into September 27, 1995, with AEROT`R.ACE, INC., to Successor Tenants John E. Barry and Stephen J. Barry, as individuals, and hereby releases said AEROTRACE, INC., from its fiirther obligations under said Lease. DONE this » o _~ay of February, 2003. • ATTEST: ,f Sally A o, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: ~ e x 1 ~ Ric Stringer, Ci rney CITY OF SEBASTIAN A unicipal rporation B r`,, Terrence o ,City Manager ~. CONSENT TO SECOND ASSIGNMENT OF AIRPORT LEASE BETWEEN AEROTRACE AND CITY DATED~SEPTEMBER 27, 1995 THE CITY OF SEBASTIAN hereby consents to the assignment to DeShea Aviation, Inc. of that certain LEASE, made and entered into September 27, 1995, with Brian E. Barry and AEROTRACE, INC., as assigned to Successor Tenants, John E. Barry and Stephan J. Barry, as individuals, with the consent of the City dated February 26, 2003, and hereby releases said Successor Tenants John E. Barry and Stephen J. Barry front further obligation under said LEASE. DONE, this 13~' day of February, 2004. L' A.r.p ~: Cl OF SEBAST A , u icipal Corp ~ ~~ f y f ------.-_ i Sally A. Mai , CMC Ter nce " .M ~ City Cler Approved as to form and legality for reliance by the City of Sebastian only: Ri h Stringer ~~ City Manager $~ FIRST AMENDMENT OF AVIATION LEASE AGREEMENT This Document Contains Two (2) Pages THIS FIRST AMENDMENT of the AIRPORT AVIATION LEASE AGREEMENT (hereinafter "Lease") by and between the CITY OF SEBASTIAN (hereinafter "Landlord") and DeShea Aviation (hereinafter "Tenant") dated 27 September 1995, and provides as follows: WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in Indian River County, Florida; and WHEREAS, the Landlord agreed to lease such property under the terms of the Lease to Tenant; and, WHEREAS, the Tenant wishes to add to, and modify, Section 7 of said Lease; and, WHEREAS, Landlord and Tenant are mutually agreeable to said modification; NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. Section 7 of the Lease is hereby amended by the addition of the following: 7. USE OF LEASED PREMISES. Advanced Flight Training on a Limited and Seasonal basis Light Aircraft Maintenance and Inspection (a) Sub-Tenants: In the event DeShea Aviation enters into any Sub-tenancy with any entity, the airport staff of Sebastian Municipal Airport must approve that lease. Special consideration will be given to asub-tenant that creates job opportunities at the Sebastian Municipal Airport. Any sub-tenant will be authorized to conduct the following use of the sub-lease premises ONLY: Construct `Kit' Built Aircraft `Familiarization' Training in `Kit' Built Aircraft Constructed on-site Provide Conditional Yearly Inspections on Experimental Aircraft Provide Contract Services on Experimental Aircraft 1 ~e ~ , !3°kf~/~. T Z IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 12~' day of March 2009. ATTEST: Sally Maio, MMC Approved as to Form and Legality for Reliance by the City Of Sebastian only: Robert Ginsberg, City Attorney ~. G CITY OF SEBASTIAN A Municipal Corporation Al Minner, City Manager TENANT DeShea Aviation Neff Dee, President M~I11F~AL ~-1~'T AGENDA TRANSMITTAL ~... . , C:itV Oi a@DaSLian, r ivriua Subject: Airport Voluntary Flight Procedures Ap rove r Submittal by: Ain , pity Manager / ~ Agenda No. ~ ~ ° ~ 5 1 Department: Airport (origin): Finance Director: City Attorney: City Clerk: Date Submitted: For Agenda of: 03/04/2009 03/11/2009 Exhibits: 1. Resolution R-09-12; 2. FAA letter dated Feb. 5, 2009; 3. Sebastian Municipal Airport VOLUNTARY Flight Procedures; 4. Resolution R-93-38 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ -0- $ -0- REQUIRED: $ -0- SUMMARY On May 7, 2008, City Council sponsored an Airport Workshop. A presentation was made by the Airport Director discussing and explaining: flight patterns; capability and capacity of the airport; airport tenants; capital improvement projects; and future plans. The primary emphasis of the meeting was on airport flight patterns and how they impact the community. The Airport Director presented several variations on the then existing flight patterns to elicit input from various community interests. Staff was directed by Council to develop various procedures and conduct an airport/community relations meeting. That community relations meeting was held on June 12, 2008 at the airport administration building. Prior to that meeting, with the assistance of others, airport staff refined the flight pattern variations presented at the May 7 meeting and presented those ideas on June 12. The consensus from the June 12 meeting was that "practice" flights would be conducted to test the new procedures. On August 27, 2008 a request a~ was sent to the FAA to approve Voluntary flight procedures for the Sebastian Airport. The FAA conducted an internal review concerning: 1. flight procedures; and 2. environmental issues. The Airport Director attended two interview sessions with the FAA on this issue. Conditional approval was given on 01/22/09 and a formal letter of approval was received dated February 5, 2009. (Exhibit 2). Exhibit 3 is a copy of the FAA approved voluntary flight procedures. Properly folded, it becomes a visual guide for the pilot to reference during pre-flight briefings and in-flight. It is the intent of airport staff, pending council approval, to distribute the Sebastian flight procedure guide to as many outlets as possible. Local distribution emphasis will be to flight schools that utilize Sebastian Airport. In addition, on the Sebastian Airport web site, the entire pamphlet will be downloadable. Exhibit 4 is a copy of the City Of Sebastian Resolution R-93-38 passed by Council in June 1989. That resolution dealt with flight procedures at Sebastian Airport. Although R-93-38 may still be valid in some areas, the airport and community have evolved thereby requiring an updated resolution. Staff will recommend repeal of R-93-3 8 and approval of its replacement R-09-12. RECOMMENDATION Approve R-09-12 establishing Sebastian Municipal Airport VOLUNTARY Flight Procedures. q~' RESOLUTION NO. R-09-12 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE ADOPTION OF AIRPORT VOLUNTARY FLIGHT PROCEDURES; DIRECTING THE CITY MANAGER TO IMPLEMENT THE PUBLICATION OF SAID PROCEDURES; PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THIS DOCUMENT CONTAINS TWO (2) PAGES. WHEREAS, the City Council of the City Of Sebastian has determined that it is necessary to further the cooperation between the users of the Sebastian Municipal Airport and the residents of the community; and WHEREAS, the City Council has directed airport staff to develop acceptable voluntary flight procedures that would alleviate nuisance aircraft noise while promoting safety; and WHEREAS, the FAA has deemed acceptable the voluntary flight procedures developed by Sebastian Airport staff. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to establish the FAA approved VOLUNTARY Flight Procedures for the Sebastian Municipal Airport as attached hereto as Exhibit A. Section 2. PUBLICATION. The City Manager is hereby authorized to initiate actions he deems reasonable and appropriate to publish said VOLUNTARY Flight Procedures for the Sebastian Municipal Airport and distribute said procedures to the general public. Section 3. CONFLICT. All resolutions, or parts of resolutions, in conflict herewith are hereby repealed, including Resolutions R-89-39 and R-93-38. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember vote was as follows: Mayor Richard H. Gilmore Vice-Mayor Jim Hill Councilmember Andrea Coy Councilmember Dale Simchick Councilmember Eugene Wolff 1 and, upon being put into a vote, the q~ The Mayor thereupon declared this Resolution duly passed and adopted this 11~' day of March 2009. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Mayor Richard H. Gillmor Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Robert Ginsberg, Interim City Attorney 5~i1 rru -~ o ~ ~ nWi ~ O N ~ (/i T ~ ~ ~ ~ ~ ~ ~ n~• ~ D O 7 - on o m ~• ~ m ~• ~ - ~-r f7 ~ O v a~i 0~q fl- D ~ ~ D ~ O ~. . ' ~ < ~ (D ~ r n ~ 7 m O ~ ~ o _ ~ ~ ~ D 3• ~ n ~ A ~ cn ~ ~ ami -i O r ~ ~ ~ ~ ~" ~ D • ° ~ '~ ~ ~ 3' ~ s ' ~_ ,--• ---~ ~ (D 7 to 3 3 n '~• O N w O D D D ~.% l r~-f ~ S ~ o Q ~ Q • _ . O~ ~p fD D N f+ r., o ~. ~ ~ 7 (D ~ ~ ~ ~ ~ • G ~ ~ N h 3 n. cn ~ ~' ~. ~ ~ •a + cn v a' ~ ~ ~ Q' 3 r -r O ~ 3 ~ ~ ~ . ~ ~ Q. o O v ~ T v ~ C r-F ~ (~D =t• ~ O O n N ~ p c ~ p O ~ ~ ~ ~ O T ~ Inri ~. D ~ D '~ ~ r (D O ~ ~ O lD ~ ~ 7 D ~ ~ p D < D ~ D z zo ~ ~ ~ ~ D v ~ ° D ~ ~ '~ z Q ~ o ~ ~ O o '~ O C D O - p ~ v m ~• r~D ~ ~ ~ ~ ~ O z ,~~ ~ n ~ Op - ~ ~ p q ~ v~'i ~ Z -S ~ v N~ ~ a D ~ p N ~ ~ ~ D N ~ ~ ~ ~, ~ ~ ~ ~ ~ ~ ~ ~ ~ rn ~ D n Q ~ ~ ~ m ~ ~- ~" ~ rn ~ ~ D D ~ N ~ ~ O ~• ~ r~ Z ci, D ~ O ~ Q ari ~ O O ~ ~ D { ~ ~ C --I -z ~ O < ~ ~ v,' v ~ m -~ N T -n ~p ~' Q - O ~ T ~ r D ~ ~ S2° ~ '< i ~ i N D r ~ ~ D ~ N i v O O ~ N O O Q v Q Q- ~, m ~ N ~ ~ '~ ~ `{ fD N N r W O c n cn a' a~' ~ 3 ~ _ ~, 3 ~,; ~` A~ ~ ~= ~• ~ ' D ~ ','; ~ ~ ~^' ~ i:;~ i ~• (~ I ; 1 ~ ~ N ~~ 01 .... , l0 ~^ O C~ ~ ~i i 'O L ~ ~ ~ p c~ ~ J ~ N O O ~ o +' ~ vi ~ O ~ O ~ i a ~ o p ~ ~ ~ N V J . w Q ~ O ~ W j~ }' > O ~ ~~ LL Q 'v qp - ~ O (~ o2S ~, ~ n ~ O w ~ ~ c ~ m ~ _ ~ ~ 0 O ~ N ~ to ~ C N o?S Z ~ v ~ Z Z Q ~ ~ O ~ a Q N J i ~ ~ ~ z Y L (a 0 O L ~ ~ i~ Q \ Q / w V / Q ~ Q / N ~ L Q ~ L ~ C ~ ~ > L O ~ J ~ ~ ~ ~ ~ u ~ Q 3 Qs ~ ~ ~ o ~ L H ~ Z o ~ u ~ ._ u ~ ~ ~ v O O 'aU--+ ~ ~ ~ ~ N LL L O H L L > ~ O O C L 'p c ~ J f6 a ~ i ~ o '3 C . Cl ~ u ~ ~ ~ C ~ .m ~ a ~ O ~ c~N ~ o co E ~o u v ~ ° ~ ao a~ +~ Q ~ O .c _ ~ J ~ v ~ O C L Q L 'a~-.~ Q Q J H N C O vN X i..L O ~ ~ j w ~ U -Y Z cr) Q '~ w ~ ~ D I Q ~ C L (d ~ ~ Y N O L ~ O v N L ~ Q Q ~ N N v ao "' O > o Z o ~ ~ CV T v c ~ ~ ~ d N T ca ~ ~ ~ t ~ ~ bA 4A ~ Z O Q [O ~ J d a ~ Q ~ ~ d ~ ~ N ~ N ~ ~ j ~ fB ~ Q ~ w N_ O Z O ~ H N L.L ~- Q Z LL. N W N W w ~ Q ~ ~ Q aC. J G '~ O U OI Z O L ~ ~ Q~ L ~ r C •C ~--~ ~~ . 0 3 ~ o ~ ~ ~ a ONo ~~ o°JC o ~ > ~a.o w- J ' ~ ~ O ~ ~ " ~ f6 Q ,> ~ ~ to i N Q v +~ t ~~ c L i Q Q S .~ '~ Q, t U ~ ~ ~ Q s ~ ~ o ~ Q ~ Z i J S O U.S. Department of Transportation federal Aviation Administration February 5, 2QO9 Mr. Joe Griffin Airport Director Sebastian Municipal Airport 202 Airport Drive East Sebastian, Florida 32958 Phone: (407) 812-6331 Fax: (407} 812-6978 Orlando Airports district Office 5950 Hazeltine National Dr., Suite 400 Orlando, FL 32822-5003 RE: Sebastian Municipal Airport; Sebastian, Florida Voluntary Noise Fight Procedures Dear Mr. Griffin: { am in receipt ofi your pamphlet for the voluntary flight procedures. The voluntary procedures are introduced in an effort to alleviate noise over the surrounding communities. The procedures cannot be made mandatory without conducting a Part 150 noise study and thereforeS no Withti that be'ng csaid,e It offer ano i objection tto tthe not adhere to the procedur distribution of the pamphlets and the voluntary use of the flight procedures as proposed. Sincerely, ~~ .- Miguel A. Martinez Program Manager '~~.,.s f.- m .. k b 9~ O c z D 70 0 ~_ v' n m ~~ v y ~ < D ~ D o O D ~ ,~ r- r O ~ D -~ o z ~ D ~ D ~ ~. o I~ ~ ~ ~ ~ n ~ Z ~ n ~ r+ p ~ ~ i m ~ ~ ~ ~ ~ ~ ~ O -n o . n ~ . ~ ~~ Q N rt O O ~ rt ~ W p \ ~ N ~ z ~ ~ o ~ ~ ~ ~ ~ o ~ ~ o O ~G - ~ ~ fD ~ cn ~ D m ~ m ~ ~ D D A ~ D (~ Q r' ~ ~` O W '~-'' ~ ~ N ~ ~ O ~ ~ m Q° -v n m N ~ ~ ~ cn . p ~ ° f. j ~, ~I `t m cn 'te - r ~ O ~ ~ ~ ~ ~ 00 ~ ~ rn ~~,,, ~ ~ ~ O ~ ~ D v ~ ~ ~ ~ D -I T D ~^ ~ T ~ r m f~D c'~n ~ ~ ~ r O O ~p ~p 01 O O -~ N O O ni z ~ ~ in , F, f~ r ~ ~ ~ ~ • Q O ~ ~ ~ n~ ~ N rn v '< r W O O N cn C ~ 0 ~ z a- ~ ,,' ~ ~ ~ f v ~ ~ ~~ s . 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L O J J ~ N '- O N ~ ~ W fII X w ~ O a--+ Q Q ~ ' ~ ~ p ~ 'a ~ cu ~' Q z ~ Q ~ ~ v ~ ++ ~ o ~ ~ ~ 0 N ~ ~ O o' `~ J ~ ' O ~ Cap ~' O U ~ -+ + cB cB W O p ~ ~ Q ~ W U a •C ~ ~ N ~ ~ ~ v m i O ~ ~ U C a Q Q ~- C } N ~ O W N ~ v i O ~ Z ~ ~ G Q Q~ ~ ~ O O ~1--+ ~ 'a cn ap Q ~ N N ~ ' _ C6 Z Z Q ~ ~ O z O Q L w ~ ~ ~ >- V~f (p J Q i O ~ L ~ ~ ~ ~ Y +~.+ ~ Q ~ ~ > Q ~ ~ > Q Q J ~ ~ ii Q ~ Q Q y V l~ r fNQ ~ "- O C ~ ~ ~ ~ v L tQI O +, N C •~ ~ 3 N ~ Q ~ of L v1 ~ ~ ~ J •~ d 0 ~'-' W =~ ~ Ul L ~ V ~ > ~ ~_ J ~ ~ j C i -~ ~ ~' O ~ Q L ~ Q. ~ C Q ~ ~ O i O > O ~ ~ ~ N L ~ U NI c Q ~ Q ~ J w ~ o ~ ac v O o v ~ H ~ z ~ .~ u ~ ~ •~ o O ° '+, ~ t a ~ N ~ ~ a L O O O i 'L 3 ~ ~ ~ O ~ ~ ~ ~ J ~ L C d N ~ •~ ~ ~ ~ ~ ; 3 •ro a o ~ c~ ~ O ~ J n v a~ 0 ~ ~ -a o ~.` ~~ Q ,.~ ~ Q Q H w cn O Z O ~.~. ~ ~ Q N ~ H Q Z w cn w ~ w ~ ~ ~ H W Q ~ ~ Q CdC J G w O U HI O Z 0 0 L ~ 0 ~ ~ OL ~ (> c`nv _ ~ ,c w ~ ~ ~ O •• L }J 'a O Q _ c J ~ ~ J ~ LL •~ v ~ ~ ~ f6 [O ~ b0 O ~ 1 4• '~ ' j ~ RESOLUTION NO. R-93-3$ i A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MIINICIPAL AIRPORT; PROVIDING FOR THE ADOPTION OF VOLIINTARY AIRPORT NOISE ABATEMENT RIILES; DIRECTING THE CITY MANAGER TO IMPLEMENT THE PIIBLICIZING OF THE VOLIINTARY AIRPORT NOIRE ABATEMENT RIILES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has determined that in order to further the cooperation between the users of the Sebastian Municipal Airport and the residents of the community, voluntary airport noise abatement rules should be enacted to minimize the interference to the quiet use and enjoyment of the residences while providing for continued use of the Sebastian Municipal Airport. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that: Section 1. VOLIINTARY AIRPORT NOISE ABATEMENT RIILES. That the following voluntary airport noise abatement rules for the use of the Sebastian Municipal Airport are hereby adopted: ~~Every airport located in a populated area has a responsibility to keep noise levels as low as practical. Sebastian Municipal Airport is doing everything possible to abate noise and request the cooperation of all pilots in observing the following: 1. Runways 4 and 22 are the preferred runways: Runway 4 for departures, Runway 22 for landings. If feasible, 1~~ ~v-.a~ ,S ~ ~ /-k, `~ J <. a ~ t - . please use these runways. 2. If conflicting traffic or heavy wind do not allow the preferred runways to be used, please use Runway 4 for both departures and landings. 3. From dusk to dawn, unless wind conditions absolutely require use of Runway 13 or Runway 31, please depart on Runway 4 and land on Runway 22. 4. Maintenance run-ups of aircraft engines between the hours of 10:00 p.m. and 7:00 a.m. shall be performed under emergency conditions only. 5. Filots should avoid populated areas by flying over roadways and waterways whenever feasible. 6. General aviation turbojet and turbofan aircraft shall observe standard National Business Aircraft Association Noise Abatement Procedures when taking off on any runway. 7. All aircraft are requested to use a standard left-hand traffic pattern. After take-off aircraft should maintain runway heading to an altitude of 1,000 feet or the airport boundary, whichever occurs later, before departing from the pattern or turning a cross-wind leg. 8. All aircraft are requested to maintain a minimum altitude of 1000 feet for as long as possible prior to beginning their descent for landing. 9. Pilots-in-command are requested to maintain as high an altitude as possible and refrain from going to final approach configuration as long as possible consistent with 2 ~ 0 2- . - ~ ~ • safety. Please, whenever possible, do not bring the aircraftr in ` under high power. 20. Instructors are requested to refrain from teaching "engine aut" procedures and simulated engine failures at low altitudes and over populated areas near the airport. 11. All aircraft using Sebastian Airport airspace-are requested to monitor standard unicorn frequency 122.8 MHz at all times. 12. Notwithstanding any of the foregoing, the pilot- in-command's discretion will prevail at all times and if, in his ar her opinion, any noise abatement procedure will negatively affect the safety of any specific departure or landing, he or she may use a different runway." Section 2. PUBLICATION. That the City Manager is directed to take such steps as he deems necessary and reasonable to publicize the Voluntary Airport Noise Abatement Rules contained in this Resolution. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-89-39. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. 3 1`~3 ~~ ~ .• ~ ~ ~ ~ ri~~. f t ~ ~ , t ' ~ The foregoin Resolution was moved for adoption by Councilman The motion was seconded by Councilman ~~~e.~~ and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Q Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of ATTEST: _~ ~ Kathry Q`Ha loran, CMC/AAE City C rk (Seal} Approved as to orm an~ontent: Charles Ian Nash, City 4 ~ u~( C11Y t1F ~- r ~ ~ + r ~ l f.'-~C.JP~E L!~ F'Gl.t'f..11.f`°J C~~.J1.f~dG4 AGENDA TRANSMITTAL Subject: Agenda No. l'~ ~ : y `~ 7 Lion Club Request- Beer and Wine Sales at 4th of Department Orig' it Ma a er July Celebration City Attorney: City Clerk: ~~ Date Submitted: 5 MAR 2009 A ov f Submittal by: ne Cit Mana er Exhibits: Attachments EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A N/A L SUMMARY Norman Meyer of the Sebastian's Lions Club has requested that the City of Sebastian permit beer and wine sales at the 4th of July celebration in Riverview Park. Attached hereto is a copy of the use agreement for said activities between the City and the Lions Club. The current agreement expires after the 4th of July celebrations for 2010. The current agreement is silent on this issue. To my understanding Dr. Meyer has been in individual contact with each Council Member. In addition, Dr. Meyer has been in contact with City staff, specifically the Police Department, to inquire staff opinion and advice on conducting such sale. City staff has provided general guidelines for handling an event with beer and wine sales. For your review is a detail of the request and an event management plan prepared by the Lions Club. Staff has reviewed the plan. If Council approves said request a resolution adopting a first amendment to the agreement is attached. Please note that approval of the first amendment to the agreement would approve beer and wine sales for the remainder of the park use agreement. RECOMMENDATION Staff seeks Council direction with respect to Lions request. ~o~ 1~~ RESOLUTION NO. R-09-13 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A FIRST AMENDMENT TO THE JOINT PROJECT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND LIONS CLUB OF SEBASTIAN, INC. IN REGARD- TO THE 4T" OF JULY CELEBRATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Lions Club has been along-time sponsor of the City of Sebastian 4"' of July Celebration; and WHEREAS, the Lions Club has requested permission to sell beer and/or wine at the 4`h of July celebration as is allowed for other city festivals which take place in Riverview Park; and NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Council hereby approves the First Amendment to Joint Project Agreement between the City of Sebastian and Lions Club of Sebastian as attached hereto as Exhibit "A". Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put into a vote, the vote was as follows: Mayor Richard Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff ~u~ The Mayor thereupon declared this Resolution duly passed and adopted this 11th X08 day of March, 2009. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Richard H. Gillmor, Mayor Approved As to Form And Legality For Reliance by the City Of Sebastian Only: Robert A. Ginsburg, City Attorney FIRST AMENDMENT TO JOINT PROJECT AGREEMENT This agreement between the CITY OF SEBASTIAN, a Florida Municipal Corporation (hereinafter called "CITY"), and the LIONS CLUB OF SEBASTIAN, Inc. (hereinafter called "LIONS") amends that certain JOINT PROJECT AGREEMENT (hereinafter called "AGREEMENT") and provides that IN AND FOR CONSIDERATION of the mutual benefits provided herein and the continuation of the consideration of the AGREEMENT, the receipt and sufficiency of which is hereby acknowledged by the parties, it is agreed. That paragraph 3 of the AGREEMENT is amended to read as follows: "3. Said Celebration events shall entail, at a minimum, a parade, fireworks display, live musical entertainment, a festival in the Riverview Park, and beer and/or wine sales in accordance with an operational plan approved by the City Manager, with such additional events as is determined to by the CITY to be feasible, Indian River Drive shall be closed in the vicinity of the Park at such times and locations as determined at the reasonable direction of the City Manager." 2. All other terms of the AGREEMENT shall continue in full effect. AGREED to this day of , 2009 CITY OF SEBASTIAN, FLORIDA ATTEST: Richard H. Gillmor, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only. LIONS CLUB OF SEBASTIAN, INC. Sally A. Maio, MMC -City Clerk ~pq ~~0 JOINT PROJECT AGREEMENT This AGREEMENT entered into this 14 aay of February 2006 between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY"), and the LIONS CLUB OF SEBASTIAN, Inc. (hereinafter called "LIONS"), provides that: WHEREAS, CITY has traditionally hosted a Fourth of July Festivity Celebration with a parade concessions and fireworks along the City's Riverfront; and WHEREAS, LIONS have long been the sponsor and organizer of said event; and WHEREAS, LIONS and CITY desire that LIONS maintain the status of sponsor and organizer of the Celebration, and the parties hereby set forth the obligations and privileges of continuing this valued relationship; THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises provided herein, the sufficiency of which is hereby acknowledged by the parties, it is agreed: 1. The parties shall cooperate in organizing and conducting the traditional Fourth of July Festivity Celebration for the years 2006 through 2010 as set forth herein. 2. LIONS, with the aid and assistance of necessary City personne-, shall organize and administrate all activities and events for said Celebration, with the exception of the VIP breakfast, in compliance with all applicable ordinances, statutes, health codes and other governmental regulations and subject to the safety controls of the Sebastian Police Department, Fire Marshall and Health Department. 3. Said Celebration events shall entail, at a minimum, a parade, fireworks display, live musics{ entertainment, and a festival in the Riverview Park, with such additional events as is determined by the CITY to be feasible. Indian River Drive shall be closed in the vicinity of the Park at such times and locations as determined at the reasonable discretion of the City Manager. 4. City shall further provide the City Manager with authority to open and close effected streets and right-of-ways during the course of festivities at his sole discretion. 5. CITY shall advance $5,000 to LIONS towards costs of entertainment, administrative and miscellaneous expenses. 6. Within sixty (60) days after conclusion of the Celebration, LIONS shall provide a final accounting in accordance with generally accepted practices, and return any funds remaining from the advanced amount. 7. LIONS shall have the right to rent concession booths in Riverview Park and, if needed, the closed portion of the Indian River Drive right-of-way as part of the Celebration festival, and shall be entitled to all proceeds from said concession activities. 8. CITY shall contract directly for the fireworks display, shall organize fund-raising and otherwise have full financial responsibility for funding the Celebration events. 9. LIONS agrees to indemnify; defend and hold CITY harmless from any and all claims of any nature brought by LIONS's members or agents in the course of performing LIONS's obligations under this Agreement, or from any claims by any persons arising from or damages incurred by the CITY from the actions of LIONS's members or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder. __ ~~~ 10. CITY agrees to indemnify, defend and hold LIONS harmless from any and all claims of any nature brought by CITY's employees or agents in the course of performing CITY's obligations under this Agreement, or from any claims by any persons arising from the wrongful acts of CITY's employees or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder. Nothing herein shall be deemed a waiver of sovereign immunity. I 12- AGREED to on the date first set forth above. ATTEST: Sally A. Maio, MC City Clerk (Seal) THE LIONS CLUB OF SEBASTIAN Its: ~~~ APPROVED AS TO FORM AND LEGALITY FOR RELIANCE BY THE CITY OF SEBASTIAN ONLY Rich Stringer, City A o ey CITY OF SEBASTIAN SEBASTIAN LIONS CLUB ~ "' ~' ' `' ``-' "' ':~:~ .: ~ 1y P(1 3 ~8 P. O. BOX 780411, SEBASTIAN, FL 32978-0411 To: Mr. AI Minner, City Manager City of Sebastian Subject: 2008 July 4~' Financial Accounting Joint Project Agreement between the City of Sebastian and the Sebastian Lions Club, Inc. Attached is the financial accounting of the $5,000 advance given to the Sebastian Lions Club by the City of Sebastian, as required by paragraphs 5 and 6 of the agreement. Once again it has been a privilege for our club to work with the City of Sebastian to provide a fun and meaningful 4~' of July ce{ebration for the citizens of our city as well as those in surrounding counties and communities. Your city workers and law enforcement are to be commended for the fine job they do in keeping everything safe and clean. Thank you for another great July 4~' and we look forward to working with you again in 2009. Sincerely, ,. ~ruL,~ ~ erry ric, President Sebastian Lions Club Enc. Sebastian Lions Club 2008 July 4~' Financial Report ~~3 ~I~ :; j ~A~ rhPi I v~ter'nat'iovi.c~.LA o f Lia-v~Cru.7~- Lions Club of Sebastian, Inc. P. O. Box 780411 Sebastian, Florida 32978-0411 SEBASTIAN LIONS CLUB 4T" OF JULY, 2008 Special City Account Per Contract with City of Sebastian... City gives the Lions Club an advance of $5,000 each year to cover all 4th of July expenses. Maintained in separate RBC Bank Account Revenue: 2008 Advance $5,000.00 Expenses: Entertainment $2,625.00 Trophies 125.00 Booth Expenses 386.57 Parade Expenses 211.94 Park DecorationslMemorial 163.84 Advertising 168.00 Parking Expense 500.00 Indian River Co. Fire Permit 30.00 Storage Unit (per yr.) 679.92 Opening Ceremony 50.00 Transportation 50.00 Misc. Expenses 375.00 Ice/drinks, etc. for parade & City workers 14.22 Total Expenses $5,379.49 NET 2008 $ - 379.49 ~~5 ~~~ 2008 - 4"' of July Breakdown Income Balance brought forward from 2007 2008 Income $ 256.00 Booth Sales $ 9,416.00 Parade Donations 1,215.00 Ice Sales 254.00 Pie Auction 178.00 $ 11,063.00 Returned check for insufficient funds - 200.00 $ 10, 863.00 Addition from balance brought fwd. + 92.00 (partial amount) $ 10, 955.00 Breakdown to deposit into Lions Club accts. $9,400.00 -Activity acct. 1,500.00 -Admin. Acct. Less $ 10, 900.00 Remaining 2007 balance brought fwd. ( $256.00 less $92.00) Balance forwarded for 2009 $ 55.00 164.00 $ 219.00 )I~ lib SEBASTIAN LIONS CLUB ~011,~,L131415 7g ~~,~,~ /M~ ~~~7 ~M~y~ ~ N M ~ ' ' /v ~~ ~~L„ aJ ~ ~ti a2. [~C.C~ 67 8~ ~~ P.O. BOX 780411, SEBASTIAN, FL 32978-0411 November l 5, 2007 To: Mr. Al Minner, City Manager, City of Sebastian Subject: July 4`h Financial Accounting Reference: Joint Project Agreement between the City of Sebastian and the Sebastian Lions Club, Inc. First, allow me to apologize for the tardiness of this report. It was recently brought to my attention by the Sebastian City Clerk, Mrs. Sally Maio, that the report required by the referenced agreement had not been provided. Attached to this letter is the financial accounting of the $5000.00 advance given to the Sebastian Lions by the City of Sebastian, as required by paragraphs 5 and 6 of the agreement. We will make every effort to ensure that future reports are provided within the sixty days required by the agreement. If you have questions contact me at 388-9421. Sincerely, Charles A. Smits President Sebastian Lions Club 1 Attch: Sebastian Lions Club 4~' of July, 2007, Financial Report i i~ Sao The International Association of Lions Clubs Lions Club of Sebastian, Inc: P. O. Box 780411 Sebastian, Florida 32978-0411 SEBASTIAN. LIONS CLUB 4T" OF JULY, 2007 Report of Special City Account Per Contract with City' of Sebastian... City gives the Lions Club an advance of $5,000 each year to cover all 4"' of July expenses. Maintained in separate IRNB Bank Account Revenue:. 2007 Advance $5,000.00 Expenses: Entertainment- $2,525.00 Trophies 125.00 Karaoke Winner 50.00 Booth Expenses 477.84 Parade Expenses 117:35 Park DecorationslMemorial 202.56 Advertising 57.78 Parking Expense 510.00 Misc. Supplies 217.41 Storage -Unit (per yr.) 679.92 Ice/drinks, etc. for parade & City workers 43.71 Total Expenses. .$5,006.57 NET 2007 $ - 6.57 i ~-~ 1 ~~ ` J JOINT PROJECT AGREEMENT This agreement entered into this ~~ay of March, 2001, between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY''), and the LIONS CLUB OF SEBASTIAN, INC. (hereinafter called "LIONS"), provides that WHEREAS, CITY has traditionally hosted a Fourth of July Festivity Celebration with a parade, concessions and fireworks along the City's Rive~front; and WHEREAS, LIONS have long been the sponsor and organizer of said event; and WHEREAS, as the event has grown, the financial burden on the LIONS has stretched its resources; and WHEREAS, LIONS and CITY desire that LIONS maintain the status of sponsor and organizer of the Celebration, and the parties hereby set forth the obligations and privileges of continuing this valued relationship; THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises provided herein, the sufficiency of which is hereby acknowledged by the parties, it is agreed: 1. The parties shall cooperate in organizing and conducting the traditional Fourth of July Festivity Celebration for the years 2001 through 2005 as set forth herein. Z. LIONS, with the aid and assistance of necessary City personnel, shall organize and admi~ustrate all activities and events for said Celebration, with the exception of the VIP breakfast, in compliance with all applicable ordinances, statutes, health codes and other governmental regulations and subject to the safety controls of the Sebastian Police Department, Fire Marshall and Health Department. ia3 3. Said Celebration events shall entail, at a minimum, a parade, fn-eworks display, live musical entertainment, and a festival in the Riverview Park, with such additional events as is determined by the CITY to be feasible. 4. CITY shat] advance $5000 to LIONS towards costs of entertainment, administrative and miscellaneous expenses. 5. Within sixty (60) days after conclusion of the Celebration, LIONS shall provide a final accounting in accordance with generally accepted .practices, and return any funds remaining from the advanced amount. 6. LIONS shall have the right to rent concession booths in Riverview Park and, if needed, the closed portion of the Indian River Drive right-of--way as part of the Celebration festival, and shall be entitled to all proceeds from said concession activities. 7. CITY .shall contract directly for the fireworks display, shall organize fund- raising and otherwise have full financial responsibility for fiznding the Celebration events. 8. LIONS agrees to indemnify, defend and hold CITY harmless from any and all claims of any nature brought by LIONS's members or agents in the course of performing LIONS's obligations under this Agreement, or from any claims by any persons arising from or damages incurred by the City from the actions of LIONS's members or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder. 9. CITY agrees to indemnify, defend and hold LIONS harmless from any and all claims of any nature brought by CITY's employees or agents in the course of performing CITl''s obligations under this Agreement, or from any claims by any persons arising from the wrongful acts of CITY's employees or agents whatsoever arising from ia~ ,r-~ the exercise of the privileges and obligations set forth hereunder. Nothing herein shall be deemed a waiver of sovereign immunity. AGREED to on the date first set forth above. CITY OF SEBASTI_AN, THE LIONS CLUB OF SEBASTIAN a Florida municipal corporation By: ~~ ~ Its: ~ '~ Terrence R. Mo re,-City Manager ( G/~~ . (Seal) Attest: Approved as to Form and Content for / _ \ _ r f Reliance by the City of Sebastian Only: Sally A. , CMC City Clerk . ~- ~ (Seal) Rich Stringer, City Atto ey 1~5 ~a~ ACORDCERTIFICATE OF LIABILITY INSURANCE '" °°~ 04/29/04 PROOUGEa (630)3242500 FAx (630)324-2501 T.J. Adams Group, LLC 333 E. Butterfield Rd., Suite 500 oI~Y'~DnIORIG~nsu~ONTi-ECt~tG4TE I-Ia..D~. TMIS,aTE ooES n~or,on~m ~cra~D oR Lombard, IL 60148 iSpFFOF~VGCO INSLIRERA ACEAi11ElMc"~1If15LNar1Ce INSURER B: Sebastian Lions Club INSUF~c: Florida "'~'~ INSURER E I OF INS RANGE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR•THE POLICY P RIOD INDICATED. NO AN ING ANY REQUIREMENT TERM OR CONDRION OF ANY CANTRACT OR 07HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAYPEfZTAfJ THE WSURAIJCEAFPDFiD~ BYTHE POLICES DE9(•RB®HEREN E3 SU6JECTTOALLTHE"fERNIS, E)CCI..USgNSAND G~ONpfilOlVg OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPEOFn61JRN~CT= POLIGYNUhf1EJt UCY UMUTS GENERAL LIABILITY EACFI OCCURRENCE S 1 000 000 X MMvERCYLC,'ETJ~tALLIAgLJTY FYiECYAMGE(Piyypne4e) $ 1000000 cxpuMSlnnDE ~ oocuR " n~ExPw~r«~a~>' S , A - 1-D0( '9T31906 09V012003 00/012004 PERSONALaAVVeaA~RY a 't 000 rEr>F1tAL •^^°~^ •TE s 2000 000 GENL A~tEQATE UMITAPPL~S PER: PRODUCTS - COMPrOP AIX: S 2 OOO OOO Y R 0 AUTOMOBILE 1LS81LITY ANY AUTO COA~t~D`~'Nq-ELN/r ~ a~da~1 S Inducted 111 AbCVe ALI. OMlNED AUTQS BODILY INJURY A scHEDULEDALrrns F•flOC"1731936 09'011'2003 09~D12004 ~f QB1~0fI s X MREDAUTOS C11MV®AL1T06NOTIX~ BODILY (NARY X NON.0IMJEDAUT06 ~~°~^k) S PROPERTY DAMAGE (Per aocideri) S O E LIABILITY AUTO ONLY - EA ACCIDENT S ANYAUTO NOTOa/EFtID OIHERTHAN FAACC S AUTO ONLY: AO(i S EXCESS LIABILITY EACH OCCURRENCE S OCCUR D CLfUMSMcDE A(3GREECATE S - NOT COVERED ; DEDUC118LE S ~ $ s WORKERS COMPENSATION AND EMPLOYERS' LIABILITY T OTHER .... NOT C~7VERED E L EACH ACCIDENT S ELDISFhSE-EAB~.PLOYEE S DES CRIPTION OF OPERATIONS/LOCATIONSIV EHICLESIE%CLUSIONS ADDED 8Y ENDORSEME NT/SPECIAL PROVISIO NS E L DISEASE - POLICY LINCT S of policy apply to the Sebastian Lions Club for their conducting the 4th of July Celebration on Juty 3, 2004. of Sebastian, Fiorida is an additional insured(s), but only as respects liability arising out of use of premise by the Sebastian s Club and not out of the sole negligence of said additional insured. ADDITIONAL INSURED: INSURER LETTER City Of $ebaStlBD, SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE Florida E%PIRATION DATE THEREOF, THE ISSWNG COMP/WY YNLL ENDEAVOR TO MPIL DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLIER NAMED TO THE LEFT, 8UT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLK;ATION OR LIABILITY Of ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. P v ACORDCORPORATgN 1988 l~~ ~a~ SEBASTIAN LIONS CLUB '~ P.O. BOX 78Q411, SEBASTIAN, FL. 32978-0411 Al Minner, City Manager City of Sebastian Attached is a proposal from the Lions Club asking approval of the City Council to have a beer concession at this year's 4th of July Festivities. I have spoken to each Council Member receiving approval from three and approval pending further details from two. Chris McCarthy gives us his support and assistance. Chief Davis seems very supportive. Please distribute this proposal to each Council Member, to the police chief, and to any person you deem appropriate. If, after a telephone poll indicates unanimous support, please put us on the Council Agenda in the Consent Agreement category. Otherwise, place us on the regular schedule. In either event, please let me know the status of our request and the date to appear before the Council. .,y /~ ~~ ank you, Norman Meyer, MD ~zy l~ SEBASTIAN LIONS CLUB P.O. BOX 780411, SEBASTIAN, FL. 32978-0411 Proposal for a beer concession at the 4th of July Festivities Why are we proposing to have a beer concession? 1) Every year people approach us with their desire to have such a concession. 2) Our Sebastian Lions Charity Foundation (a 501(C)3 organization) is in need of more money. In these economic troubling times we have been called upon to prouide .more of our traditional services (see attached pages). Our Needy Families program- emergency power bill assistance, help with rent while awaiting employment, food coupons to be used at local groceries, etc., has been especially hard hit. Another crisis we are facing is replacement of the central air- conditioning unit in the duplex cabin we sponsor at the Florida Lions Camp for Handicapped Children. Bids for this replacement are about $3000 even with items being provided at cost. 3) We have noticed other events (Clambake Festival and Fine Arts Festival) having a beer concession being handled with dignity. The concession at the Frog Leg Festival in Fellsmere showed how such a concession can be confined so as not to interfere with family activities. 4) We feel the beer concession located near the food vendors will help increase their sales making participation in the 4th of July Festivities more attractive to our local businesses. How can we have a beer concession without threatening the family environment? 1) We propose to construct a corral (see attached map) near the food vendors to .keep the use of beer isolated. The corral will be constructed with posts and tape/fencing leaving one small area as entrance or exit. 2) The entrance will be monitored by a security guard (a Lions Club member, off-duty policeman or police auxiliary officer) to insure no underage drinking occurs. 3) Our club members will monitor those inside the corral to monitor all behavior. 4) We will use a. hand stamp applied for every cup of beer purchased and change the colors periodically dividing the hours of operation into segments to prevent excess consumption in a short time. The amount served will be decided upon consultation with the police department. 5) We plan to have tarp cover for the corral and benches on which people may eat a meal. 6) Food may be brought into the corral but no beer will be allowed to leave the corral. 7) The number of people in the corral at any one time will depend on the current status of the X31 /32 Hours of operation: estimate 11:00 AM until fireworks We will not open the concession until the parade is ended. This usually occurs after The award of prizes which occurs later every year as the parade grows in popularity and length. The police presence in the Park will have absolute control of the concession- the number of drinks allowed per person, the number of people in the concession at any one time, the hours of operation, We want Sebastian's 4th of July Festival to continue to be the Treasure Coast's best-liked family activity and feel this beer concession will add to the public's enjoyment of the day. Thank you for reviewing this proposal with the hope you agree to let us try this experiment. Please call for any further information. We invite input your input. Norman Meyer, MD Chairman, 4`h of July Festivities home: 581-0526 office: 228-9900 email: run2101(awahoo.com Jerry Kennerk, President of Sebastian Lions Club home: 664-1839 email: Erkipkennerk(c~msn com addendum: Chris McCarthy, Parks & Recreation Superintendent, tells me he can help us with tarp, corral, and bleaches or benches Chief James A. Davis, based on our phone conversation, feels this will be okay with him 133 f34 SEBASTIAN LIONS CLUB CHARITY FOUNDATION, INC. P.O. BOX 780411, SEBASTIAN, FL. 32978-0411 What do the Lions do in Sebastian, in Florida, ac \oss the country, around the world? We provide annually: 1. At least two $1000 scholarship grants to deserving high school seniors. We would like to increase the number of these grants. 2. Eye screenings of Sebastian area elementary school students. Pay for eye exams and eyeglasses for needy adults or children in Sebastian. We need to acquire costly, special equipment to see younger children. 3. Hearing aids and other medical equipment for needy Sebastian citizens. 4. Attendance at the Florida Lions Camp for handicapped kids. We also contribute to the Camp and maintain two cabins. We very much would like to increase our support of this organization. 5. Up to $100 per month, throughout the year, to needy families or handicapped individuals to pay for items or services they desperately need but find difficult or impossible to purchase without help. We can help more people with a larger budget. 6. An annual pizza and soda party, plus financial contribution, for the Wabasso School for handicapped children. The kids look forward to this. And we invite all to help or watch. 7. Manage the July 4th celebration for the City of Sebastian. 8. Conduct independent living classes for Sebastian area blind and disabled persons in collaboration with the Brevard County Association for the Blind. 9. Contribute annually to the Southeast Guide Dogs in Florida who train guide dogs for the blind. 10. Contribute annually to the Conklin Center for the Blind where individuals with multiple handicaps are taught to live independently. Located in Daytona Beach, students come from around the world. 11. Contribute annually to the Lions Eye Bank which provides donor eye tissue for surgery, maintains a patholog lab to study eye diseases, and provides tissue for teaching and research. 12. Contribute annually to Lions Clubs International Foundation that provides relief to disaster victims worldwicl and to International Campaign Sight First II whose goal is to control and eliminate major causes of blindness throughout the world. resident, S Bastian Lio s Club er (772) 664-1839 (35 /3~ IN r. a ~ NotTo Sceia • -r y,h~~-. ..~ ~ 077 p ID ~ +~~- Y. ~ _ . '. ,,y{~~ '' '~ ~~ r ~~ ~ ~ ~ -1Y ~'4~ 4 Yl J ^i 4 ,y~ .rkS, ~ a s .. ~~~ ~~~ r ;~'~v. ~t~`~ , .~~ r Frdi , •L ;.: ~`f~4.~4 ... "`~~~~.,. ~ (~'+ ~ Y: r ~ ~ '~ m ~ raYgro~r~d: -~ ~ ~, ~4 .__., ~ m ,. ~ m ~ ~ ~ ~ ~ ~ m o~ rep @ ' m.~ ~ '~~'~ ''~ ~~ ~ m m ~ ~+~~ ~ k .. ",~~~ w ~> m c~~,r~Q ~ ~ ~ r;~J. ~ . ~~ .~ ,~ ~t ~~ &y.. ~~ e. ~~ao F ~ r DUti1 StO~ ' r + "i'. ~ .fie L,Y' `~-U. U ~ y ~ yy~'' ~+vTMf'"~~ f~ fi" '{` ~ar++4~' '~~. ~f ~ ~ ~' ,w ~ ~ t N fiC~ c `~: ~ i~,? ti Y e ''~"rr ~' i ~ W, _ d'~ ~~ \ ~ iyt~, .w. ~,~„xw,.. 6 TTI SFir~+~ 3 4 ,>~, l t3~ X38 CRY QF ~ ~, ~ _ _/ ~ 1 s ~~. Hi3ME OF PELICAIJ ISCMID CIt of Sebastian Pr po Qrdinance 0-09-02 - U~ , 0 ~ Z ~ Agenda No: ~ A e City Water Restriction Plan ,~. Department Origi : Cit Clerk City Attorney: y Hager Date Submitted: 3/5/09 For Agenda of: 3/11/09 Exhibits: 0-09-02, Text of Current City Water Restriction Plan in Code SUMMARY STATEMENT The City of Sebastian adopted its first permanent water restriction plan ordinance in 1990 by adoption of 0-90-09. The restriction evolved over the years and had many versions up to the year 2006, when the City adopted Ordinance 0-06-02 which is the language that tracked the St. Johns River Water Management rule and currently exists in Chapter 102 of the City Code of Ordinances. For the past nineteen years, the City has done its best to educate the public on the watering rules to the point where our residents seem to be relatively comfortable and compliant. Code Enforcement and Police Volunteers have taken a significant role in speaking to people and helping them to understand the allowed days and times for watering based on addresses under the rule. St. Johns recently went through a review and amendment process and their new water rule goes into effect on March 8, 2009. There has been a change in the rule relative to the days one can water during Eastern Standard Time to one day per week, and has added rules for non-residential sites to allow watering on Tuesday and Friday during Eastern Daylight Savings Time and only Tuesday during Eastern Standard Time. If we do nothing with our code, we will not be in compliance with SJRWMD rules. There has been reluctance on the part of some surrounding local agencies to adopt the rule because they don't have the means to enforce, but please keep in mind that most of Indian River County agencies have never adopted any water restrictions, while Sebastian has had a restriction in effect for nineteen years. If you look on the Internet you will find many cities and counties that have adopted their respective water district rules and have water conservation pages on their websites. Fellsmere has a water restriction ordinance in effect. There are some provisions in the new rules to be sure which may be difficult to enforce with our current personnel, but hopefully Council will consider the importance of supporting this important conservation issue and maintaining the continued support of the public. Perhaps we have the ability to adopt those portions that we can enforce and simply educate the public on those that we cannot. It has taken long years for our residents to understand and get on board with the restrictions and in my opinion, it is best not to throw the baby out with the bathwater. RECOMMENDED ACTION Conduct a first reading of Ordinance 0-09-02, discuss and take action accordingly to set a public hearing for final adoption if that is the direction that Council wishes to take. i ~9 1~0 ORDINANCE NO. 0-09-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY CODE OF ORDINANCES CHAPTER 102, SECTIONS 102-76 THROUGH 102-84 PERTAINING TO THE "CITY WATER RESTRICTION PLAN"; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian established its first permanent water restriction by adoption of Ordinance No. 0-90-09 on August 22, 1990; and WHEREAS, City Council amended its water restriction over the next several years as conditions changed; and WHEREAS, in 2006 St. Johns River Water Management District (SJRWMD) established a new irrigation rule which, in addition to other provisions, imposed a permanent two day per week watering restriction and City Council adopted the rule by Ordinance No. 0-06-02; and WHEREAS, through the efforts of our Code Enforcement and Police Volunteers the public was educated as to provisions of the watering rules; and WHEREAS, throughout the past nineteen years, Sebastian citizens have become accustomed to water restriction rules by exhibiting a solid effort to comply, and it is important to retain the high level of commitment by the citizens of Sebastian who recognize the impact of compliance to protect the State's water supply for future generations and for Sebastian to continue to take the lead in water conservation and education; and WHEREAS, St. Johns River Water Management District recently amended its irrigation rule and it will go into effect on March 9, 2009 and calls upon local governing agencies to assist them in assuring the protection of our water resources by adopting their water rules; and WHEREAS, some of the new mandatory provisions such as going to one day per week watering during Eastern Standard Time and adding a new definition and different times for non- residential watering will require amendment to our existing code; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. That Sections 102-76 through 102-84 shall be amended to read as follows: "Section 102-76. Short Title. This article shall be known as the "City of Sebastian Water Restriction Plan". Section 102-77 Definitions. For the purpose of this Article the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. I x-11 "Address" means the number of a physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. An "even numbered address" means an address ending in the numbers 0, 2 ,4, 6, 8 or the letters A-M. An "odd numbered address" means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z. "District" means the St. Johns River Water Management District. "Landscape irrigation" means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, cemeteries, public, commercial, and industrial establishments, and public medians and rights of way. "Landscape irrigation" does not include golf course greens, tees, fairways, primary roughs, and vegetation associated with intensive recreational areas such as, but not limited to, playgrounds, and football, baseball and soccer fields. "Residential landscape irrigation" means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. "Non-residential landscape irrigation" means the irrigation of landscape not included within the definition of "residential landscape irrigation," such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way." Section 102-78. Applicability. The provisions of this article shall apply to all individuals, legal entities and their agents who use water, as defined in this article, within the city. Section 102-79. Landscape Irrigation Schedule. When Daylight Savings Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and b. Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and c. Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and d. No more than'/ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs. 2. When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may 2 ,~+a occur only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and b. Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and c. Non-residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and d. No more than 3/ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs. 3. All landscape irrigation shall be limited in amount to only that necessary to meet landscape needs. Section 102-80. Additional Requirements. Persons irrigating with an automatic lawn irrigation system installed after May 1991 shall install, maintain, and operate a rain sensor device or switch that overrides the system when adequate rainfall has occurred. Section 102-81. Exceptions to Landscape Irrigation Schedule. Landscape irrigation shall be subject to the following irrigation schedule exceptions: 1. Irrigation using amicro-spray, micro-jet, drip or bubbler irrigation system is allowed anytime. 2. Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment. 3. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, is allowed at any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed '/4 inch of water per application except as otherwise required by law, the manufacturer, or best management practices. 4. Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per zone. 5. Irrigation using ahand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day. 6. Discharge of water from awater-to-air air-conditioning unit or other water- dependent cooling system is not limited. 7. The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods. 3 ~~3 8. The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources. Section 102-82. Variance from Specific Day of the Week Limitations. A variance from the specific landscape irrigation days or day set forth in Section 3 may be granted if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days or day than other zones of the property. However, in no event shall a variance allow a single zone to be irrigated more than two days per week during Daylight Savings Time or more than one day per week during Eastern Standard Time. Section 102-83. Enforcement. a. Every police officer shall be authorized and empowered to enforce the provisions of this article through anon-criminal citation, with jurisdiction vesting in the county court upon failure of the violator to pay the same. However, where the offense is designated a misdemeanor, the officer shall issue a Notice to Appear before the county court. b. Additionally, the city code enforcement officers are authorized to enforce the provisions of this article under the citation method of Code section 2-194. c. The following enforcement notification guidelines shall be in effect for this article and shall supersede any conflicting provision of Code section 2-194. 1) If personal contact is made with the violator, the officer shall require immediate compliance; 2) If personal contact cannot be made with anyone having ownership or control of a residence found to be in violation of this article, the enforcement personnel shall leave a notice of violation posted on the front door thereof requiring compliance within 24 hours; 3) If the notice remains posted undisturbed at said location 24 hours later, a second notice of violation shall be sent by certified mail with return receipt to said address; and 4) If said violation continues more than 24 hours after delivery of the second notice, the violator shall be cited. waived. Notwithstanding any provisions of this subsection to the contrary, if enforcement personnel has proof the premises is actively occupied, the requirement of a mailed second notice is Sec.102-84. Penalties. a. Violators of this article shall be subject to the following penalties: 1) First offense; citation amount of county court of $75.00; 2) Second offense; citation amount $25.00, maximum fine upon conviction in of $50.00, maximum fine upon conviction in 4 ~~f county court of $150.00; and 3) Third and subsequent offenses; citation amount of $100.00, maximum fine upon conviction of $250.00. b. Citations shall be paid to the office of the finance director at city hall." Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon 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 Richard Gillmor Vice Mayor Jim Hill Councilmember Andrea Coy _ Councilmember Dale Simchick _ Councilmember Eugene Wolff _ The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2009. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Richard H. Gillmor, Mayor By: Approved as to Form and Legality for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney 5 ~ X15 ~~f~ City Water Restriction Plan Full Text as Set Out in Code Chapter 102 As of 4/12/06 Section 102-76. Short Title. This article shall be known as the "City of Sebastian Water Restriction Plan. Section 102-77 Definitions. For the purpose of this Article the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. a) "Address" means the house number of a physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. An "even numbered address" means an address ending in the numbers 0, 2 ,4, 6, 8 or the letters A-M. An "odd numbered address" means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z. b) "District" means the St. Johns River Water Management District. c) "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind. d) "Landscape irrigation" means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, cemeteries, public, commercial, and industrial establishments, and public medians and rights of way. "Landscape irrigation" does not include golf course greens, tees, fairways, primary roughs, and vegetation associated with intensive recreational areas such as, but not limited to, playgrounds, and football, baseball and soccer fields. Section 102-78. Applicability. The provisions of this article shall apply to all individuals, legal entities and their agents who use water, as defined in this article, with the city. Section 102-79. Enforcement. (a) Every police officer shall be authorized and empowered to enforce the provisions of this article through _a non-criminal citation, with jurisdiction vesting in the county court upon failure of the violator to pay the same. However, where the offense is designated a misdemeanor, the officer shall issue a Notice to Appear before the county court. (b) Additionally, the city code enforcement officers are authorized to enforce the provisions of this article under the citation method of Code section 2-194. ~~ i (c) The following enforcement notification guidelines shall be in effect for this article and shall supersede any conflicting provision of Code section 2-194. (1) If personal contact is made with the violator, the officer shall require immediate compliance; (2) If personal contact cannot be made with anyone having ownership or control of a ~ residence found to be in violation of this article, the enforcement personnel shall leave a notice of violation posted on the front door thereof requiring compliance within 24 hours; (3) If the notice remains posted undisturbed at said location 24 hours later, a second notice of violation shall be sent by certified mail with return receipt to said address; and (4) If said violation continues more than 24 hours after delivery of the second notice, the violator shall be cited. Notwithstanding any provisions of this subsection to the contrary, if enforcement personnel has proof the premises is actively occupied, the requirement of a mailed second notice is waived. Section 102-80. Landscape Irrigation Schedule. 1. Landscape irrigation at odd numbered addresses must only occur on Wednesday and Saturday and must not occur between 10:00 a.m. and 4:00 p.m. daily. 2. Landscape irrigation at even numbered addresses or no address must only occur on Thursday and Sunday and must not occur between 10:00 a.m. and 4:00 p.m. daily. Section 102-81. Exceptions to Landscape Irrigation Schedule. Landscape irrigation shall be subject to the following irrigation schedule exceptions: Irrigation using amicro-irrigation system is allowed anytime. 2. Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment. 3. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices is allowed anytime within 24 hours of application. 4. Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed 10 minutes per hour per zone. 5. Irrigation using ahand-held hose equipped with an automatic shut-off nozzle is allowed anytime. 6. Discharge of water from awater-to-air air-conditioning unit or other water- dependent cooling system is not limited. 'rp 2 ~`T d 7. The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods. 8. The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources. Section 102-82. Variance from Specific Day of the Week Limitations. A variance from the Section 3 Landscape Irrigation Schedule above may be granted if strict application of that schedule would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the schedule will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days than other zones of the property. However, no single zone may be irrigated more than 2 days a week. Sec.102-83. Penalties. Violators of this article shall be subject to the following penalties: (1) First offense; citation amount of $25.00, maximum fine upon conviction in county court of $75.00; (2) Second offense; citation amount of $50.00, maximum fine upon conviction in county court of $150.00; and (3) Third and subsequent offenses; citation amount of $100.00, maximum fine upon conviction of $250.00. Citations shall be paid to the office of the finance director at city hall. 3 p ~~ 1 150 ~~ i ~ .~ r, ~ ~'~ , , 3 i ~ ~ ~,~` ~; ~ ~~:.~ ~ . ';'R a ~ r F; r -~ _ r J _r r .. ___.. ;..' 1 ~J ~! J aving Florida's water resources is a vital responsibility that will take everyone's participation to be successful. Water conservation may seem unnecessary in a state surrounded by water, but not all of that water is available for drinking or irrigation. One of the most important ways to help meet our water supply needs for today and in the future is through conservation, which is the efficient and effective use of water. Lawn and landscape irrigation can account for more than half of residential water use. Watering wisely promotes healthier lawns and landscapes, and conserves our precious water resources. To ensure the efficient use of water for lawn and landscape irrigation, the St. Johns River Water Management District has adopted watering restrictions. The restrictions are in effect year-round and apply throughout the District's entire 18-county area. florida's water it's v~arth saving Water lawns only when needed, but only on your designated days, before 10 a.m. or after 4 p.m. ( Cj .J'R' ~' ~ ~ ~ ~Fa yR ~' a.- G° ~ u Fes; e? ~ i `r, ' ~e • Irrigation is allowed only before 10 a.m. or after 4 p.m. • Residential irrigation: During daylight saving time (the warmer months), watering is permitted no more than two days per week. Those with odd numbered or no addresses may water only on Wednesday and Saturday, and those with even numbered addresses may water only on Thursday and Sunday. During Eastern Standard Time (the cooler months), the District allows watering only one day per week, on Saturday at odd numbered or no addresses and on Sunday at even numbered addresses. • Nonresidential irrigation: During daylight saving time, watering is allowed only on Tuesday and Friday. During Eastern Standard Time, watering is allowed only on Tuesday. All lawn and landscape irrigation is limited to three- quarters of an inch of water per application, and irrigation can occur for no more than one hour per day per zone. Restrictions apply to water withdrawn from ground or surface water, from a private well or pump, or from a public or private utility. Persons irrigating with an automatic lawn irrigation system installed after May 1991 must install, maintain and operate a rain sensor device or switch that overrides the system when adequate rainfall has occurred. When reclaimed water is available for use, the use of private irrigation wells is not authorized. All landscape irrigation is limited to only that necessary to meet landscape needs. r.~a ? 3~. 1~ Irrigation using amicro-spray, micro-jet, drip or bubbler system is allowed anytime. Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for establishment. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides and herbicides when required by law, the manufacturer, or best management practices, is allowed anytime within 24 hours of application. No more than one-quarter of an inch of water per application may be used to water in chemicals except as otherwise required by law, the manufacturer or best management practices. Irrigation systems may be operated anytime for maintenance and repair purposes, not to exceed 20 minutes per hour per zone. Irrigation using ahand-held hose equipped with a spray nozzle that can be adjusted so water flows only as needed is allowed anytime. Discharge of water from awater-to-air air- conditioning unit or other water-dependent cooling system is not limited. The use of water from a reclaimed water system is allowed anytime. A reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods. The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources. 153 ~E C~ _ ~ E e ~- SY~~~.& ~E~m~ The restrictions apply to all lawn and landscape irrigation not regulated by a consumptive use permit. "Landscape irrigation" means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated is such diverse locations as residential areas, public, commercial and industrial establishments, and public medians and right- of way. "Landscape irrigation" does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with intensive recreational areas, such as playgrounds, football, baseball and soccer fields. ~ ~ ~~~~e restri~~AC~~s ~~~~~~~ ~~t~t-? Lawns and landscapes generally require less water than is applied. The amount of rainfall your area receives should dictate how often you water your lawn and how much water you apply. A hearty rain eliminates the need for watering for as long as two weeks. Only water your lawn if it needs it. Watering during the early morning or early evening hours reduces losses from evaporation and wind that can occur during the middle of the day. ~; st• J~~~ ®~- `°`"'°' Water 1Vlanagerrier~t Distric,~ St. Johns River Water Management District Office of Communications and Governmental Affairs 4049 Reid Street • P.O. Box 1429 Palatka, FL 32178-1429 (386) 329-4540 • (800) 451-7106 Visit us on the Internet at floridaswater.com. This publication is free. j5~f © 2009 St. Johns River Water Management District 2009-02-17 Waterfronts r~londa Program - rrequently Asked questions rage r or ~ Subscribe to Our P~e:~rs Division of Community Planning Div_sor~ Home I St~tut~s ~rnd Ru__!es (D,_R.(. Pr~ced,~res I G..omp Pian_ Pra_cedure.._s_ I Reports and Notices Oniir~E: Waterfronts Florida Program Horne I Communities I l,rograrn Man~gF~s` Do__cuments IP__rogran~_t~ianagers ~e_e_tings/Trairiir7.gs I Conferences/Even_(s I Resources (lNaterfronts_FI_orida_Coarci"s_nator I Frequertly_Asked Ct~aestians Frequently Asked Questions What is the Waterfronts Florida Program? The Waterfronts Florida Program at the Department of Community Affairs offers help to all coastal local governments in Florida to revitalize their working waterfronts by providing resources for planning. Additionally, the Department designates communities through its Waterfronts Florida Partnership Program to receive intensive technical assistance, training and education, along with limited financial support, to help develop and implement community-designed vision plans for their waterfront area. Each plan is unique but wilt incorporate the four priority focus areas of the Program: o environmental and cultural resource protection; o retention of viable traditional waterfront economies; o hazard mitigation; and o public access to working waterfronts and coastal resources. 2. Why was the Waten`ronts Florida Program, Created? Many working waterfronts were once thriving centers of activity but are now struggling to remain economically viable. A changing economy and a lack of public and private investment have taken a toll on many waterfront areas. However, working waterfronts are valuable assets that can contribute significantly to a community's economic health and image. The Program was created to support traditional water-dependent uses and to support new waterfront uses that protect natural and cultural resources. 3. What are the Benefits of a Waterfronts Florida Partnership Designation? By participating in the Waterfronts Florida Partnership Program, a waterfront community receives support to develop and implement acommunity-designed revitalization plan (vision plan) that promotes coastal resource conservation and economic development by focusing on the Program's four priority areas. Community capacity is strengthened as a community realizes that it has the power to renew interest, effectively make changes, and redirect its course. As a part of the Waterfronts Florida process, the community visualizes and begins implementing a plan for the redevelopment and revitalization of its waterfront while at the same time helping to sustain the rich heritage of Florida's working waterfronts. During a designated community's first two years the Partnership Program provides: o Assistance in organizing the local Partnership and volunteers into highly functioning committees; o Assistance in creating successful partnerships with local government, citizens, businesses and civic groups; o Technical assistance related to visioning, comprehensive planning and land development regulations, waterfront revitalization, environmental protection and redevelopment; o Training and peer exchange opportunities for local program managers and committee members; o Funding to develop and begin implementing the community's waterfront revitalization plan; o Assistance in locating additional funding and other resources for continued implementation of the community's revitalization plan; and o Mentoring and networking opportunities from other Waterfronts Florida Partnership Communities that can offer assistance with their experience and expertise. After the first two years in the Partnership Program, designated communities become Graduate Communities and remain an active part of the Waterfronts Florida network. Program staff and resources provide more general technical assistance and advocacy for Graduate Communities. To remain active, Graduate Communities will be called upon to share their experiences and expertise with other waterfront ` l http://www.dca.state.fl.us/fdcp/dcp/waterfronts/FAQ.cfin 3/5/2009 Waterfronts r'londa Program - r7equently Asked tluestiors Page L oT 5 communities interested in the Partnership Prograrn. In addition to the numerous benefits of being designated a Waterfronts Florida Partnership Community, active communities receive extra points and benefits with many state grant programs, most notably the Florida Communities Trust. 4. Who is Eligible to be a Waterfronts Florida Partnership Community? The applicant must be a municipal or county govemment, or a local nonprofit in participation with the local government, which is able to demonstrate a strong working relationship with local government staff and officials. Eligible communities are those that are required to prepare a coastal element as part of their local government comprehensive plan, subsection 163.3177(6)(g), Florida Statutes. The community must recognize the waterfront as a special place and be committed to developing policies that encourage the preservation of recreational and commercial working waterfronts. Local governments must also have timely adopted the evaluation and appraisal report (EAR) [s. 163.3187(6), F.S.] and the EAR-based amendment [s. 163.9191 (10), F.S.]. Additionally, communities must have the resources to fund a local Waterfronts Florida program manager for at least three years and to support a Waterfronts Florida committee representing the stakeholders' interests of the waterfront area. 5. How Often are Communities Designated? Based on current funding, new communities are designated every two years as Waterfronts Florida Partnership Communities through a competitive application process. Applications are being received for the 2009-2011 application cycle. 6. How Many Communities are Designated during an application cycle? Up to three new communities are designated during each application cycle dependent on program funding. 7. How Many Communities are Currently Designated? Since 1997, a total of 21 communities have received designation as Waterfronts Florida Partnership Communities. Most recently, in May 2007, three new communities were designated for the 2007-2009 cycle: the City of Carrabelle, the City of St. Marks and the community of Steinhatchee in Taylor County. 8. Is Waterfronts Florida a Grant Program? No. The Waterfronts Florida Partnership Program is a planning "program," not a "grant." The funding granted to new communities is only intended to be seed money to help establish a local Waterfronts Florida Partnership that will implement the community's vision. 9. How Much Money Do Waterfronts Florida Partnership Communities Receive? Under current federal guidelines, each designated community receives up to $25,000 per year for two consecutive years to establish its local Waterfronts Florida Partnership, contingent on Program funding. Communities must provide adollar-for-dollar match of non-federal funds, which can be either cash or in-kind services. Communities must also employ a local program manager. 10. What Can the Funding Be Used For? The funds can be used for activities related to implementing and supporting the local Partnership community's vision goals. 11. Where Do the Funds Come From? The Waterfronts Florida Program is managed by the Florida Department of Community Affairs and funded in part by the Florida Department of Environmental Protection, Florida Coastal Management Program, and the National Oceanic and Atmospheric Administration (NOAA). To read more about the Florida Coastal Management Program, visit the Department of Environmental Protection's Web site. 12. Is There a Matching Requirement? Yes. Newly designated communities will be required to provide 100% (dollar for-dollar) match, which may be cash or in-kind services. Match may include the salaries of employees who work directly with the Partnership, the value of documented work time of volunteers or other projects that support the implementation of the community's vision plan. Federal funds from any source may not be used as match. 13. How Do / Get an Application? Please contact the Program to receive an application for the current designation cycle. 14. Who Reviews the Applications? Program staff will review all applications for eligibility and request any additional information if needed. Requested additional information must be received by the Program within seven calendar days following the request, otherwise the application will be declared ineligible. A copy of each eligible application will be sent to each member of the Review Committee prior to the scheduled Review Committee meeting. No additional information will be accepted after the application deadline, unless requested by the Program. The Review Committee will be informed of any additional information or clamcation received from an applicant prior to final consideration of the application. The Review Committee will hold a public meeting to evaluate and rank eligible applications. The Review Committee meeting will be announced in the Florida Administrative Weekly at least seven days prior to the meeting. Each applicant will have the opportunity to make a brief presentation and answer questions regarding their j ~ ~ application. Applications will be evaluated and ranked by the Review Committee that will then make and http://www.dca.state.fl.us/fdcp/dcp/waterfronts/FAQ.cfin 3/5/2009 w aterrronts r ionaa rrogram - rrequenuy ~sxea tluestions rage s of a make its recommendations to the Secretary for designation as a Waterfronts Florida Partnership Community. 15. What Factors Does the Review Committee Consider When Scoring Applications? The Application Review Committee considers a variety of factors when reviewing applications, including the characteristics of the community, the characteristics of the proposed waterfront area, organizational readiness, and understanding of the four Waterfronts Florida priority focus areas. A complete list of considerations can be found in the "Guide for Evaluation Criteria" found in the appendices of the Program's application. 16. How Will a Community Know if it Has Been Designated? The Secretary of the Department of Community Affairs, taking into account the recommendations of the Review Committee and available funding, will select the applicants that will be designated Waterfronts Florida Partnership Communities. Program staff will notify all applicants of the Secretary's decision. 17. Do Communities Need a Waterfront Vision Plan to Apply? What if the Community Already has a Waterfront Vision Plan? Although not a requirement, it is recommended that communities have waterfront vision plans prepared prior to designation. Extra consideration in the evaluation process will be given to communities that have vision plans that incorporate the four priority focus areas of the Waterfronts Florida Program, which includes public access to the waterfront, environmental and cultural resource protection, enhancement of the viable traditional economy, and hazard mitigation. The vision plan should be recent and may need to be updated upon designation. 18. What Components Should be Included in a Community's Vision Plan? Components of a community's vision plan will address, at a minimum, the four priority focus areas of Waterfronts Florida. It is anticipated by the Department of Community Affairs that the plan has been or will be adopted by the local governing body with the intention of incorporating vision recommendations into the local comprehensive plan. For more explanation, see the publication A Guide to Developing a Waterfronts Florida Vision Plan. 19. What Other Programs are Available for Developing a Vision Plan? o Communities that wish to apply for designation as a Waterfronts Florida Partnership Community are encouraged to take part in a Coastal Community Planning and Development Training Course. The National Oceanic and Atmospheric Administration (NOAA), the Environmental Protection Agency (EPA), and state coastal resource management agencies have developed an introductory, two-day course that will actively engage participants in learning about alternatives to how and where growth will occur in their communities. It will provide them with the background, examples, and strategies to support alternative development efforts in coastal communities. The two-day course will help participants to: ^ Understand current coastal development patterns and trends; ^ Understand the primary drivers (e.g., codes, regulations) that influence growth and development patterns; ^ Understand the social, environmental, and economic impacts and benefits of various development patterns; ^ Understand the principles of integrated and comprehensive growth strategies; ^ Assess the current state of growth and development in their communities; ^ Increase their ability to effectively communicate with stakeholders on this topic; and ^ Understand the purpose and process of creating a collective vision for how and where coastal communities grow. ^ After understanding the factors that lead to coastal development and learning how to effectively communicate with stakeholders, communities are then ready to develop a vision for the waterfront area. o The Department of Environmental Protection, Florida Coastal Management Program's Coastal Partnership Initiative (CPI) grant program makes funds available to local governments for developing a vision plan for the waterfront area centered on the Waterfronts Florida Program's four priority focus areas: public access to the waterfront; environmental and cultural resource. protection; enhancement of the viable traditional economy; and hazard mitigation. This planning process allows the community to conduct meaningful public involvement that promotes citizen participation, and shapes consensus about goals, objectives and strategies regarding waterfront revitalization. Developing a waterfront revitalization plan prior to applying to the Waterfronts Florida Partnership Program will result in a stronger application for designation and allow the community to immediately begin implementing specific projects. 20. What is Meant by a "Public Participation Process"? Public participation is a key component to any http://www.dca.state.fl.us/fdcp/dcp/water&onts/FAQ.cfin `~~ 1 3/5/2009 wateru~onts riunua rrugram - rrCCtucnriy r~sxCU ~uCSUUn~ r a~G ~+ ul ~ community planning process. It is very important that such broad-reaching plans not be written in isolation. Meetings and activities should be publically noticed and open to the general public. Public participation offers citizens the chance to voice their ideas, interests, and opinions. 21. What is the Purpose for Establishing a Waterfronts Florida Partnership committee? The community must create a Waterfronts Florida Partnership Committee by the time of application with members representing the broad interests of the waterfront area and at least one member representing the county or municipal govemment. The community should maintain the Waterfronts Florida Committee in order to remain active in the program. This entity must have the ability to oversee development of a community vision and revitalization plan for the proposed waterfront area and to oversee the implementation of that plan. A committee will also ensure that work done under the local Partnership will continue after the community "graduates" from the Program. At least one member should represent the county or municipal government with jurisdiction of the area. The other members should represent the various interests in the waterfront area including those that are commercial, residential, environmental, cultural, social, etc. 22. What Makes for a Strong Waterfronts Florida Partnership Committee? A strong Waterfronts Florida Partnership Committee will consist of representatives of the county or municipal government with jurisdiction, as well as various interests in the waterfront area, including commercial, residential, environmental, cultural, social, etc. The Committee will also develop and implement annual work plans to remain focused on the vision. Demonstrated by numerous local programs similar to Waterfronts Florida, an active Program Manager and Committee Chair are crucial roles in a strong committee. 23. What is the Role of a Program Manager? The Program Manager is central to a local Waterfronts Partnership. He/she should have a broad range of experience managing people and complex situations because of interaction with a broad range of interests. He/she should also have an understanding of land use planning and government processes. The Program Manager is responsible for completing reports on the local Program's activities, and coordinating communication between the state program and the local Partnership. The Program Manager is also required to attend training and other meetings associated with the Program. 24. When Must a Community hire a Program Manage? A Program Manager must be employed by the community by the time of designation. The community must fund a Program Manager for a minimum of three years to coordinate and administer local program activities. Communities are strongly urged to utilize full-time managers; however, if a community cannot provide afull-time manager, the applicant needs to sufficiently demonstrate that the program will still be a success with apart-time manager. 25. What Happens Once my Community is Designated? During the first year of designation, a community starts by establishing a strong Waterfronts Florida Program which is vital to the success of the Partnership. Following the formation of a local program, the Partnership then prepares acommunity-designed vision plan to guide the revitalization of the traditional working waterfront area. The visioning process begins by reviewing any existing documents, plans, and regulations covering the designated Waterfronts Florida area. The Partnership then hosts a series of workshops to gather input from a wide range of stakeholders in the community. The visioning process and resulting documents identify the community's issues and plans for addressing the Waterfronts Florida priority areas. The vision plan should identify goals, objectives, and strategies for addressing the four priority issue areas of Waterfronts Florida and recommend comprehensive plan and land development code changes necessary to implement the Waterfronts Florida vision and preserve the community's working waterfronts. As part of the visioning process, the community develops an implementation plan with specific actions, timeframes and responsibilities for achieving the goals outlined in the vision plan. During the second year, the community continues to implement its vision plan, incorporating it into the comprehensive plan and undertaking priority projects that will further its efforts to revitalize and preserve the working waterfront. In the second year and thereafter, the local Partnership will increase community capacity to plan for and implement waterfront revitalization by participating in quarterly Program Managers' meetings, trainings and other professional development events, as well as continuing to develop and adopt policy language necessary to implement the Waterfronts Florida vision plan. 26. What Happens After the Initial Two Years in the Program? After the initial two years of the program, communities are considered "graduate" Waterfronts Florida Communities. To remain active, Graduate Communities will continue to implement their Waterfronts Florida Partnership Vision Plan, and participate in quarterly state-wide meetings with other waterfront Program Managers. Communities are also asked to serve as Program mentors to new communities, as well as participate in regional Waterfronts Florida efforts to protect coastal resources. Graduate Communities continue tracking revitalization indicators and prepare annual reports on their revitalization efforts. ~0 http://www.dca.state.fl.us/fdcp/dcp/waterfronts/FAQ.cfm 3/5/2009 waierirun~s riuriua riu~iaiu - ric~uciiuy r-~~ncu ~uc~~iuii~ 27. How Do /get More Information? Contact: o Shawna Beji Waterfronts Florida Program Coordinator Division of Community Planning Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 921-4801 shawna.beji@dca.state.fl.us Customer~_S_erv_i_c_e_Suruey Florida Department of Community Affairs 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100 (f~f~~~) (850) 488-8466 ~ Toll-Free 1-877-352-3222 ~ TDD 1-800-226-4329 ia~~~vi~ \`~q http://www.dca.state.fl.us/fdcp/dcp/waterfronts/FAQ.cfm 3/5/2009