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HomeMy WebLinkAbout04222009crtv of ~~~~ Illlaame-~ ._._~ _- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, APRIL 22, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda CALL TO ORDER 2. INVOCATION -Pastor Barber -Community Baptist Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted 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. 09.002 A. Certificate of Appreciation to Jennifer Brown for Parks & Recreation Service 09.071 B. Proclamation -National Nurses Week May 6 - 12, 2009 1 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 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. 3-1o A. Approval of Minutes -April 8, 2009 Regular Meeting 09.041 B. Approve Stan Mayfield Working Waterfront Grant Agreement and Confidentiality 11-30 Agreement with Florida Communities Trust and Authorize the City Manager to Execute (Growth Management Transmittal, Agreement) 09.064 C. Approve Go-Line Grant Contribution as Requested, Subject to FY 2010 and 2011 31-33 Appropriations ($50,000 in October 2009 and $50,000 in October 2010) (Finance Director Transmittal, Local Option Gas Revenue Update of Current Capital Program) 09.072 D. LoPresti Airport Lease -First Amendment (City Manager Memo, Airport Director 35-62 Transmittal, Lease and First Amendment to Lease) 09.073 E. Approve Early Retirement Buy-Out in the Amount of $18,519 from FY 2009 s3 Budget (Human Resources Transmittal) 09.074 F. Approve Craft Club of Sebastian Annual Shows in Riverview Park and Request 65-75 for 50% Fee Waiver - 10/3/09, 11/14/09, 12/5/09, 12/6/09, 1/2/10, 2/6/10, 3/6/10, 4/3/10, and 5/1/10 from 9 am to 3 pm with Rain Dates 10/4/09, 11/15/09, 1/3/10, 2/7/10, 4/4/10 and 5/2/10 (Park Supervisor Transmittal, Application, Request and Member List) 09.075 G. Approve Sebastian River Art Club Annual Shows in Riverview Park and Request 77-82 for 50% Fee Waiver - 11 /21 /09, 12/12/09, 1 /16/10, 2/27 & 2/28/10, 3/20/10, and 4/10/10 10 am to 4 pm with Rain Dates 11/22/09, 12/13/09, 1/17/10 and 4/11/10 from noon to 4:30 pm (Park Supervisor Transmittal, Application, Brochure) 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee membernominations and appointments under this heading. 09.002 A. Parks & Recreation Advisory Committee 83-94 i. Interview, Unless Waived and Submit Nomination for Regular Member Position -Term to Expire 5/31/11 -Fill Vacant Alternate Position if Deemed Appropriate (City Clerk Transmittal, Applications, List, Ad) 9. PUBLIC HEARINGS Procedures for public hearings: • Mayor opens hearing • Attorney reads ordinance or resolution • Staff presentation • Public Input • Staff summation • Mayor closes hearing • Council action Anyone wishing to speak is asked to sign up before the meeting, when called, go to the podium and state his/her name for the record. 08.019 A. Ordinance No. 0-08-10 (LEGISLATIVE) -Comprehensive Plan - (GMD 95-100 Transmittal, 0-08-10 w/ Exhibits A, and B)(add'I backup under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE COMPREHENSIVE PLAN - GOALS, OBJECTIVES & POLICIES AND DATA INVENTORY & ANALYSIS, FOR THE FOLLOWING ELEMENTS: FUTURE LAND USE, HOUSING, TRANSPORTATION, PUBLIC SCHOOL FACILITIES, CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAL COORDINATION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (PJ 3/24109) 2 09.061 B. Ordinance No. 0-09-03 -Florida Power and Light Franchise (City Clerk 101-114 Transmittal, City Attorney Transmittal dated 3/18/09, 0-09-03) AN ORDINANCE GRANTING TO FLORIDA POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF SEBASTIAN, AND PROVIDING FOR AN EFFECTIVE DATE. (PJ 4/8/09) 10. UNFINISHED BUSINESS 09.048 A. Economic Development Issues (City Clerk Transmittal, Economic Development 115-134 Plan as Adopted by R-09-11, 2/18/09 and 3/11/09 Minutes) i. Tax Abatement Credits ii. Other Incentives -Objectives 2 and 3 11. PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote of Council members present. 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Vice Mayor Hill B. Council Member Coy C. Council Member Simchick 09.075 i. Weed Control/Herbicide Spraying in City (Chrono, Agreements) 135-143 D. Council Member Wolff E. Mayor Gillmor 17. ADJOURN (All meetings shall adjourn at 10:00 p. m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE /N THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 3 Upcoming meetings: 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 June 30, 2009 Capital Improvements Wo-icshop - 6:00 pm Quasi-Judicial Hearing Procedures: • Mayor opens hearing • City Council Member disclose ex-pane communication • Applicant or agent makes presentation in favor of request following searing in by City Clerk • Staff presents finding and analysis following swearing in by City Clerk • Council asks questions of the applicant and staff • Mayor opens the floor for anyone in favor of the request (anyone presenting factual information shall be sworn by anyone merely advocating approval need not be sworn in) • Mayor opens the floor for anyone opposing the request • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request • City Council deliberation and questions • Mayor calls for a motion • City Council Action 4 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. 5 cm of HOME OF PELICAN ISLAND PROCLA~MoATION May 6 -12, 2009 WHEREAS, the nearly 2.9 million registered nurses in the United States comprise our nation's largest health care profession; and WHEREAS, the depth and breadth of the registered nursing profession meets the different and emerging healthcare needs of the American population in a wide range of settings; and WHEREAS, the American Nurses Association, as the voice for registered nurses of this country, is working to chart a new course for a healthy nation that relies on increasing delivery of primary and preventive health care; and WHEREAS, a renewed emphasis on primary and preventative health care will require the better utilization of all of our nation's registered nursing resources; and WHEREAS, professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients; and WHEREAS, the demand for registered nursing services will be greater than ever because of the aging of the American population, the continuing expansion of life-sustaining technology, and the explosive growth of home health services; and WHEREAS, more qualified registered nurses will be needed in the future to meet the increasingly complex needs of health care in this community; and WHEREAS, the cost-effective safe and quality healthcare services provided by registered nurses will be an ever more important component of the U.S. health care delivery system in the future; and WHEREAS, along with the American Nurses Association, District 17 of the Florida Nurses Association has declared the week of May 6 - 12 as NATIONAL NURSES WEEK with the theme "Nurses: Building a Healthy America" in celebration of the ways in which registered nurses strive to provide safe and high quality patient care and map out the way to improve our healthcare system. NOW THEREFORE, I, Richard H. Gillmor, Mayor of the City of Sebastian ask that all residents of this community join me in honoring the registered nurses who care for all of us, and celebrate nursing's accomplishments at this time and throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 22"d day of April 2009. Richard H. Gillmor, Mayor I' ~/ cm c~ ~~~ .-~_1. _ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 8, 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 Cooley, Calvary Baptist Church. 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 Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Police Chief, Jim Davis Police Captain, Bob Lockhart MIS Senior Systems Analyst, Barbara Brooke-Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Ms. Simchick requested that New Business item #12C. COPS grant be moved to #12A. and let the others follow in sequence, because it is time sensitive. There was no objection from Council. Regular City Council Meeting April 8, 2009 Page Two 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. 09.062 A. *Presentation of Checks by Clambake Foundation: ^ City of Sebastian Flagpole Project ^ H.A.L.O. (Helping Animals Live and Overcome) ^ Sebastian Soccer Association Chairperson Anjani Grillo, and Board members Nancy Veidt, Dot Judah, and Pat Riviezzio of the Sebastian Clambake Foundation presented donation checks to the recipients as set out above. Each recipient thanked the Foundation and talked about the work they do. Ms. Grillo encouraged people to submit slogans for the 2009 Clambake. 00.03 B. Certificates to Cynthia Schuster and Todd Klitenic for Natural Resources Board Service Mayor Gillmor presented a certificate to Mr. Klitenic. Ms. Schuster was not present. 09.063 C. Chris Pinson, Rotary Club -Relay for Life Information Chairman Chris Pinson and members of the North County Relay for Life Committee, gave a brief update on the American Cancer Society Relay for Life event scheduled for April 24-25, 2009 at Sebastian River High School. Mr. Pinson invited the City Council to be judges on Friday night, said the event starts at 6 p.m. and judging takes place at 8 p.m. He said he would get back to them on Monday. 09.064 D. Karen Diegl, Senior Resources - Go-Line Karen Diegl, CEO, Senior Resources Alliance, gave a power point on the current status of the Go-Line and a proposal for upgrades and expansion (see attached). She said they have applied fora $209,000 grant which requires a match, and requested the City to contribute funding of $50,000 each year for two years. Following discussion, it was the consensus of Council to place an item on the next agenda for action. 09.065 E. Announcement by Mayor -City of Sebastian Recipient of the Distinguished ~ Budget Presentation Award for the Current Fiscal Year by Government Finance Officers Association (GFOA) The City Manager noted the award from GFOA and complimented the Finance Director and the Department. F. *Proclamation -National Telecommunicators Week - Aoril 12 - 19. 2009 Mayor Gillmor read and presented the proclamation to Dottie Reed, Sebastian Police Department dispatcher. 2 Regular City Council Meeting April 8, 2009 Page Three Brief Announcements Ms. Simchick recognized the Passover holiday. Mayor Gillmor announced that the public hearing on Comprehensive Plan Text Amendment Ordinance 0-08-10 originally scheduled for tonight had been rescheduled to April 22, 2009. Ms. Coy announced the Earth Day celebration at Riverview Park on Saturday, April 18, 2009. 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. 3-16 A. Approval of Minutes - 3/25/09 Regular Meeting 09.066 B. Resolution No. R-09-15 -Abandonment of Easement - 751 Cody Avenue 17-33 (GMD Transmittal, R-09-15, Site Map, Staff Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 14 AND 15, BLOCK, 56, REPEAT OF PORTIONS OF SEBASTIAN HIGHLANDS UNIT 2, PAGE 3; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 09.067 C. Resolution No. R-09-18 -Supporting Amtrak (City Clerk Transmittal, R-09-18, 35-41 Memo) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING THE ASSISTANCE OF GOVERNOR CHARLIE CRIST AND THE FLORIDA DEPARTMENT OF TRANSPORTATION SECRETARY KOPELOUSOS TO PRIORITZE THE INTERCITY RAIL COMPONENT OF THE FEC CORRIDER PROJECT (FROM JACKSONVILLE TO MIAMI) AS PART OF THE FEDERAL ECONOMIC STIMULUS PACKAGE FOR THE STATE OF FLORIDA 09.068 D. Resolution No. R-09-19 -Airport Joint Participation Agreement (Airport 43-77 Transmittal, R-09-19, Letter, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO DESIGN, RUNWAY REHAB, LIGHTING AND MARKING; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. THE DOCUMENT CONTAINS TWO PAGES. MOTION by Ms. Coy and SECOND by Ms. Simchick to approve the Consent Agenda. Roll call on the motion was as follows: Ayes: All Nays: None Passed 5-0 3 Regular City Council Meeting April 8, 2009 Page Four 09.053 79-83 8. COMMITTEE REPORTS & APPOINTMENTS -None 9. PUBLIC HEARINGS -None 10. UNFINISHED BUSINESS A. Resolution No. R-09-17 -Establishing Waterfront Committee (GMD Transmittal, R-09-17) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FORMULATING TEMPORARY WATERFRONT COMMITTEE PROVIDING FOR CONFLICT; PROVIDING FOR A TERM AND AN EFFECTIVE DATE. The Growth Management Director briefly presented staff's request, described the program and recommended adoption of Resolution R-09-17 to establish the committee which can assist with the City's vision for the Stan Mayfield Grant working waterfront but not to move forward on the designation of the working waterfront program at this time due to stringent requirements which would have negative budget consequences for the City. Ms. Simchick suggested that perhaps the City could look at pursuing the designation during the 2011 cycle. Mr. Hill said it would be beneficial to receive the designation to attain future grants. MOTION by Ms. Coy and SECOND by Ms. Simchick to approve Resolution No. R- 09-17estabtishing waterfront committee. Roll call on the motion was as follows: Ayes: All Nays: None Passed 5-0 11 12 09.070 95-141 0 PUBLIC INPUT Jim Sunnycalb announced the dedication of the Pete Harris plaque to be at Earth Day at Riverview Park on April 18, 2009 at 1 p.m and asked Council for any ideas they might have for the dedication be e-mailed to him at sunnyswildlife.com. Mr. Sunnycalb said he had spoken to world famous zoologist, Jack Hanna in Stuart and he had expressed interest in making a movie in Sebastian, and said he would leave it to Council to entice him to do so. NEW BUSINESS C. COPS Hiring Recovery Program Grant (PD Transmittal, Worksheet, Application) The City Manager requested authority to execute the grant which will assist in funding two police officer positions. 4 Regular City Council Meeting April 8, 2009 Page Five MOTION by Mr. Hill and SECOND by Ms. Coy to authorize the CHRP application submittal for two new full-time sworn officers, in the amount of $414,760 to the Office of Community Oriented Policing Services. Roll call on the motion was as follows: Ayes: All Nays: None Passed 5-0 09.019 A. Farmer's Market RFP (City Manager Transmittal, RFP, Agreement) 85-90 Mr. Wolff suggested because there are people in Sebastian in the fresh produce business, there should be some language in the documents for local brokers, and that he did not want to compete with local supermarket produce sections which are a very important component of the success of the supermarket business. Ms. Simchick agreed and suggested language. The City Attorney said Council was going about this the right way and it is acceptable legally to add such language, but asked if they preferred the language to read as a prohibition or an emphasis; that if there is an emphasis in the RFP, when responses are considered, the person will rise in the competition if they meet that requirement. In response to Mr. Hill, Mr. Wolff said there is a Florida Fruit and Vegetables Growers Association they could belong to, noted that the Grant farmers market does not allow mass produced items and he agreed with this, and that there are organic certification boards in Florida. He asked the other members their view on mass produced items. The others tended to agree with some exclusionary language and keeping it to consumables; and discussion continued as to whether the amended language should appear in the RFP or contract. In response to Ms. Coy as to whether Council can prohibit certain things in the RFP, and noting the suggested language by Ms. Simchick, the City Attorney stated if they did not want to go beyond consumables, he would suggest the RFP and contract be amended though he could not provide the specific language to them at this time. He said if they would approve as amended, he would work with the City Manager to develop the language. He noted a spelling error in the RFP, and then briefly described the products available at the Vero Beach farmers market. Mr. Wolff cautioned that the City not compete with local growers, and other businesses which market consumables and plants which have overhead costs. The City Attorney asked Council to think about the number of events and location and discussion followed on the merits of once per week or once per month. Mr. Wolff suggested the Jackson Street parking area. Ms. Simchick asked if we could give preference to locally grown products and the City Attorney asked where the line would be drawn in terms of "locally" since we are closer to Micco than Vero and without a rational answer there could be constitutionality issues. Mayor Gillmor said once per week would be competitive but once per month would not. 7 5 Regular City Council Meeting April 8, 2009 Page Six Mayor Gillmor called for public input at this time. Williams Shields suggested limiting the market to locally owned consumables. Jim Sunnycalb suggested a community garden, or a committee or having Sal Neglia to train people how to grow produce. Mark Dedrick said we need to be cognizant of the source of the produce and if it is good and local, the market will be a success. Mr. Wolff said if the market were only once per month it would not have momentum and Mr. Hill agreed it needs to be more often and his concept had been every Saturday. Mayor Gillmor said he sees a Council consensus to give it a try. The City Manager said he can work with the City Attorney to amend the language as discussed tonight, put out the RFP and then bring a contract back to Council for approval. He suggested leaving the frequency and location out at this time and let his office and the vendor negotiate those issues. 09.069 B. First Reading Ordinance No. 0-09-04 -Dog Park -Set Public Hearing for 91-94 May 13th, 2009 (City Attorney Transmittal, 0-09-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE I, CHAPTER 74, SECTION 74-4(a)(8) OF THE CODE OF ORDINANCES, RELATING TO DOG PARKS, PROVIDING FOR EXCEPTION TO GENERAL PROHIBITIONS, REGARDING DOGS IN CITY PARKS, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-09-04 by title and briefly explained this is a housekeeping issue. MOTION by Ms. Simchick and SECOND by Ms. Coy to approve Ordinance No. 0-09-04 (on first reading and set public hearing for May 13, 2009.) Roll call on the motion was as follows: Ayes: All Nays: None Passed 5-0 13. CITY ATTORNEY MATTERS -None 14. CITY MANAGER MATTERS 09.021 A. Billboard Update The City Manager reported the Billboard committee is recommending that the City use a design firm at a cost of $3,000 to make sure we have the best product and the delay would be approximately 60 days. 0 6 Regular City Council Meeting April 8, 2009 Page Seven Ms. Simchick asked the City Attorney if there was any problem with the firm selection process being done by the City Manager, and the City Attorney responded that the Code authorizes him to contract up to a certain dollar amount and this is much below that amount. The City Manager said we could use the competitive bidding process but that would mean a further delay of up to another 60 days. He said the chosen firm is Paris Productions and there is atwo-tiered program, one being photograph, artist and general fees for $2500 to $3000 and two being turn-key of actually putting up the billboard for an additional $1000. Ms. Simchick asked if we come up with a slogan how can we keep it and the City Attorney said with a trademark or copyright. Mr. Wolff asked what Mr. Collins' role is in this based on an a-mail he received from him today and the City Manager said he was not on the committee and was working in an ancillary role and that Mr. Collins disagrees with using the firm. Discussion took place on locations available, and the City Manager said he was aware of several sites available, but noted interest in one near SR528 near exit 200, and one near Indrio Road near exit 138. Ms. Simchick said she was still working on the historic signs for I-95 at our exit signs. It was the consensus of Council to follow staff recommendation on the firm and get this going. 15. CITY CLERK MATTERS -None 16. CITY COUNCIL MATTERS A. Mavor Gillmor -None B. Vice Mavor Hill Mr. Hill said though it was nice to finish the meeting early, this would have been a good time to review issues regarding the Economic Development Plan that need to be finalized. He asked that in the future, when an agenda has room this be added. He also asked for an update on the Facade, Signage and Landscape program. The City Manager said the rules were being rewritten and would come back to a Community Redevelopment Agency (CRA) meeting, and advised that the lack of participation in the program needs to be discussed. Mr. Hill thanked the City Manager for his providing copies of his a-mail correspondence with Trish Adams, U. S. Fish and Wildlife Service on the Habitat Conservation Plan airport issues. C. Council Member Coy Ms. Coy again, announced the Earth Day celebration at Riverview Park on April 18tH / ~ Regular City Council Meeting April 8, 2009 Page Eight D. Council Member Simchick Ms. Simchick agreed with Mr. Hill on the need for a CRA meeting, with a focus on the need to look at the master plan, she asked that beautification of U.S. 1 and improvements to crosswalks be considered. Ms. Simchick discussed a letter received from a property owner who had a legally permitted dock on Collier Canal and asked what the City was planning to do in regard to replacement and would like to see this addressed at another meeting. The City Manager said the decision on replacing docks has been put off for now, he has been candid with property owners on the subject, and suggested he make time to discuss the legal issues with the City Attorney and then come back with a recommendation to Council sometime in July or August for their action. E. Council Member Wolff The City Manager clarified for Mr. Wolff that the docks are being dismantled at City expense, and the correspondence Mr. Hill referred to was from Trish Adams. 17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 8:25 p.m. Approved at the Apri122, 2009 Regular City Council Meeting. Richard H. Gillmor, Mayor ATTEST: Sally A. Maio, MMC -City Clerk /o g cm~~ _.,~:;' _ ,_ HOME OF PELICAN ISLAND AGENDA TRANSMITTAL l Subject: Agenda No. C~9. U ~l Approve Stan Mayfield Working Waterfront Grant Agreement with Florida Communities Department Origin: GMD Trust and Authorize the City Manager to City Execute Attorney: city Ap o or Submittal by: Clerk: Date Submit ed: April 16, 2009 n er, City Manager Exhibits: SMWWG Contract and Confidenti ality Agreement. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: N/A SUMMARY On April 14, 2009, the City received final approval from the Governing Board of the State of Florida from the Florida Communities Trust/Florida Forever program for the Stan Mayfield Working Waterfronts Program. FCT will fund 90% of the final project costs, in an amount not to exceed $3,163,500.00. Ten percent of the project costs were committed by the City in Resolution R-08-28. Once the City approves the agreement, FCT staff will initiate appraisals and begin negotiations. If a purchase price is agreed upon with the sellers, FCT will conduct a property closing and transfer title to the City. The funds themselves do not get transferred to the City, but are transmitted from the State to the respective property owners. The appraisals and acquisition processes are outlined in the Florida Administrative Code (FAC). The FAC and Florida Statutes (FS) specifically addresses a confidentiality clause that requires the City to maintain confidentiality of all appraisals, offers and counteroffers. Furthermore, these records are exempt from public records requests. The confidentiality is only in effect until the real estate transaction is completed in accordance with 9K-10.005 (1) FAC and Sec. 119.07(1) F.S. ~~ The grant agreement also requires the City to prepare a management plan before any real estate sales occur. The City is working with the FCT staff to draft the first management plan under the SMWWP. Staff expects to have that completed in the next 30-60 days. Financial records and an annual report will be fulfilled by the Finance department in a manner similar to other State grant requirements. RECOMMENDATION Approve grant agreement and confidentiality agreement and authorize City Manager to execute both documents for transmittal to Florida Communities Trust. G~ FCT Contract Number _-CT- FLORIDA COMMUNITIES TRUST 08-003-WW 1 SEBASTIAN WORKING WATERFRONT COLLABORATIVE CSFA # 52.013 STAN MAYFIELD WORHING WATERFRONT GRANT CONTRACT THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), anon-regulatory agency within the State of Florida Department of Community Affairs, and the CITY OF SEBASTIAN, a political subdivision of the State of Florida ("Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the Florida Forever Funds, hereinafter described, and the lands acquired with such proceeds ("Project Site"), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes; WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a non-regulatory agency within the Department of Community Affairs ("Department") which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of two point five percent (2.5%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local governments and nonprofit working waterfront organizations for the acquisition of working waterfronts; WHEREAS, the Florida Forever funds may be issued as tax-exempt bonds, meaning the interest on the bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS, Rule 9K-9, Florida Administrative Code ("F.A.C.") sets forth the procedures for the evaluation and selection of lands proposed for acquisition and Rule 9K-10, F.A.C. sets forth the acquisition procedures; OS-003-W W 1 April 15, 2009 SMWW - GC -1- C3~ WHEREAS, on January 29, 2009, the FCT Governing Board evaluated and scored the applications to develop a ranking list of projects to present to the Board of Trustees of Internal Improvement Trust Fund; WHEREAS, on April 13, 2009, the Board of Trustees of Internal Improvement Trust Fund selected and approved the projects which will receive funding; WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding in accordance with Rule 9K-9, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application; WHEREAS, Rule 9K-9, F.A.C. authorizes FCT to impose conditions for funding on those FCT applicants whose projects are selected for funding; and WHEREAS, the purpose of this Agreement is to set forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its acquisition. Since the entire Project Site has not yet been negotiated for acquisition, some elements of the project are not yet known such as the purchase price, other project costs, and the terms upon which an owner will voluntarily convey the property. NOW THEREFORE, FCT and the Recipient mutually agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon the Recipient's project being selected for funding and shall end April 15, 2010 ("Expiration Date"), unless extended as set forth below or unless terminated earlier in accordance with the provisions of Article XIII of this Agreement. 2. FCT may extend this Agreement beyond the Expiration Date if FCT determines that significant progress is being made toward the acquisition of the Project Site or that extenuating circumstances warrant an extension of time. If FCT does not grant an extension the Recipient's award shall be rescinded and this Agreement shall terminate. II. MODIFICATION OF AGREEMENT 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. DEADLINES 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, as soon as possible and before May 15, 2009. If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an os-oo~-wwl April 15, 2009 1 ~ SMWW - GC -2- original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. The Recipient and its representatives shall know of and adhere to all prof ect deadlines and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, shall be strictly enforced. Failure to adhere to deadlines may result in delays in the project, allocation of time or resources to other recipients that respond timely or termination of this Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Site maybe acquired in an expeditious manner. 4. No later than May 15, 2009, the Recipient shall deliver to FCT a written statement from the Project Site property owner(s) evidencing that the owner(s) is willing to entertain an offer from the Recipient and FCT, if not previously provided in the Application. No acquisition activity shall be commenced prior to FCT receipt of this statement. 6. No later than May 15, 2009, the Recipient shall deliver to FCT the executed Confidentiality Agreement provided to the Recipient by FCT, pursuant to Rule 9K-8.008(3), F.A.C. No acquisition activity shall be commenced prior to FCT receipt of the executed Confidentiality Agreement. IV. FUNDING PROVISIONS 1. The FCT Florida Forever award granted to the Recipient ("FCT Award") will in no event exceed the lesser of Percent (90%) of the final Project Costs, as defined in Rule 9K-9.002(17), F.A.C., or Three Million One Hundred Sixty Three Five Hundred Dollars And Zero Cents ($3,163,500.00) unless FCT approves a different amount after determination of the MAPP, which shall be reflected in an addendum to this Agreement. FCT will not participate in Project Costs that exceed the grant award amount. The FCT Award is based on the Recipient's estimate of final Project Costs in its application. When disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the definition in Rule 9K-9.002(17), F.A.C. FCT shall participate in the land cost at either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above paragraph. 2. The FCT Governing Board ranked and the Board of Trustees of the Internal Improvement Trust Fund ("Trustees") selected the Recipient's Application for funding in order to acquire the entire Project Site identified in the Application. FCT reserves the right to withdraw or adjust the FCT Award if the acreage that comprises the Project Site is reduced or the project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 9K-9.009, F.A.C. 0&003-WW1 Apri115, 2009 SMWW - GC -3- is , If the Project Site is comprised of multiple parcels and multiple owners, then FCT reserves the right to withdraw or adjust the FCT Award if the priority parcel(s) or a significant portion of the Project Site cannot be acquired. 3. The FCT Award shall be delivered either in the form of Project Costs prepaid by FCT to vendors or in the form of a State of Florida warrant at the closing of the Project Site, payable to the Seller or the Seller's designated agent authorized by law to receive such payment, provided the Comptroller determines that such disbursement is consistent with good business practices and can be completed in a manner minimizing costs and risks to the State of Florida. If the Project Site is comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the share of the FCT Award that corresponds to the parcel being closed. FCT shall prepare a grant reconciliation statement prior to the closing of the Project Site parcel that evidences the amount of Match provided by the Recipient, if any is required, and the amount of the FCT Award. Funds expended by FCT for Project Costs shall be recognized as part of the FCT Award on the grant reconciliation statement. 4. If a Match is required, it shall be delivered in an approved form as provided in Rule 9K-9.002(15), F.A.C. If the Project Site is comprised of multiple parcels, the Recipient shall deliver at the closing of each parcel the share of the Match that corresponds to the parcel being closed. Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant reconciliation statement. 5. By executing this Agreement, the Recipient affirms that it is ready, willing and able to provide a Match, if any is required. 6. If the Recipient is the local government having jurisdiction over the Project Site, and an action by the Recipient subsequent to the FCT Governing Board selection meeting results in a governmentally derived higher Project Site land value due to an enhanced highest and best use, FCT acquisition activities shall be terminated unless the Seller agrees that the appraisal(s) will be based on the highest and best use of the Project Site on or before the FCT Governing Board selection meeting. 7. FCT's performance and obligation to financially perform under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and is subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. 8. FCT's performance and obligation to financially perform under this Agreement is contingent upon the issuance of Florida Forever Revenue Bonds issued by the State of Florida and of the proceeds of the Florida Forever Revenue Bonds being released to the Department. V. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to: 08-003-WVVl April 15, 2009 sNlww - Gc -4- Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 2. All contact and correspondence from FCT to the Recipient shall be through the key contact. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: Title: Address: Phone: Fax: E-mail: 3. The Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including, but not limited to, the Grant Contract or any addenda thereto, purchase agreement(s) for the property, grant reconciliation statement, closing documents and Declaration of Restrictive Covenants. Name: Title: Address: Phone: Fax: Email: 5. In the event that different representatives or addresses are designated for either paragraph 2. or 3. above after execution of this Agreement, notice of the changes shall be rendered to FCT as provided in paragraph 1. above. 6. The Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Number(s) is 08-003-W W 1 Apri115, 2009 sMww - cc -5- VI. PRE-CLOSING REQUIREMENTS Prior to FCT approval of the signed purchase agreement(s), closing(s) of the real estate transaction(s) to acquire the Project Site and final disbursement of the FCT Award, the Recipient shall submit to FCT: a. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. b. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. c. A signed statement by the Recipient that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. d. Additional documentation as may be requested by FCT to provide Reasonable Assurance, as set forth in paragraph VII.4. below. 2. FCT shall approve the terms under which the interest inland is acquired pursuant to Section 380.510(3), Fla. Stat. Such approval is deemed given when FCT approves and executes the purchase agreement for acquisition of the Project Site, further described in paragraph VI.l .a. above. 3. All real property shall be obtained through aVoluntarily-Negotiated Transaction, as defined in Rule 9K-9.002(42). The use of or threat of condemnation is not considered aVoluntarily- Negotiated Transaction. 4. Any invoices requested, along with proof of payment, shall be submitted to FCT and be in a detail sufficient for a proper audit thereof. Interest in the Project Site shall be titled in the Recipient. 7. The transfer of interest to the Recipient for the Project Site shall not occur until the requirements for the acquisition of lands, as specified in Section 380.507(11), Fla. Stat. and Rule Chapter 9K-10, F.A.C., have been fully complied with by the Recipient and FCT and the Recipient has complied with all Purchase Agreement requirements. 8. The deed transferring interest of the Project Site to the Recipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. VII. MANAGEMENT PLAN; ANNUAL STEWARDSI3IP REPORT 1. Prior to the signature of the purchase agreement(s), closing(s) of the real estate transaction(s) and final disbursement of the FCT Award, the Recipient shall submit to FCT and have 08-003-W W 1 April 15, 2009 } ~ sivlww - cc -6- approved a Management Plan that complies with Rule 9K-9.010, F.A.C. and addresses the criteria and conditions set forth in Articles VII, VIII, IX, X and XI herein. The Recipient is strongly urged to coordinate with FCT staff in order to ensure that FCT approval of the Management Plan occurs prior to the closing date of the real estate transaction(s) associated with the Project Site and the disbursement of the FCT Award. 2. The Management Plan explains how the Project Site will be managed to further the purposes of the prof ect and meet the terms and conditions of this Agreement. The Management Plan shall include the following: a. An introduction containing the prof ect name, location and other background information relevant to management. b. The stated purpose for acquiring the Project Site as proposed in the Application and a prioritized list of management objectives. c. A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources. d. A scaled site plan drawing showing the Project Site boundary, existing and proposed physical improvements. e. A description of proposed educational displays and programs to be offered, if applicable. f. A schedule for implementing the development and management activities of the Management Plan. g. Cost estimates and funding sources to implement the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed agreement between the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project and the identification of the source of funding for management. In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. 4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, Fla.Stat., the Recipient(s) shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K-9.002(19), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient is a Non- profit Working Waterfront Organization and does not include at least one Local Government partner, 08-003-WW1 April 15, 2009 SMWW - GC -~- %9~ FCT will require the Recipient to establish a management endowment in an amount sufficient to ensure performance; and provide a guaranty or pledge by the Local Government, the Water Management District in which the project is located, or a managing agency of the Board of Trustees to act as a backup manager to assume responsibility for management of the Project Site in the event the Recipient is unable to continue to manage the Project Site. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Proj ect Site or any use thereof not in conformity with the Management Plan approved by FCT. 6. All buildings, structures, improvements and signs shall require the prior written approval of FCT as to purpose. Major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld upon sufficient demonstration that the proposed structures, buildings, improvements, signs or land alterations will not adversely impact the management of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. As required by Rule 9K-9.012, F.A.C., each year after FCT closes on the Project Site, the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VIII. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the project site and result from either representations made in the application that received scoring points or observations made by FCT staff during the site visit described in Rule 9K- 9.007, F.A.C.: 1. The future land use and zoning designations of the project site shall be changed to Working Waterfronts or other similar category. 2. A permanent recognition sign, at a minimum size of 3' x 4', shall be maintained at the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Program and the Recipient. At closing, the existing submerged land lease will be transfer to the Recipient. 4. Prior to closing, the Recipient will provide a letter from the Department of Environmental Protection stating the current land owner is in compliance with Chapters 253, 258, 373 Part IV and 403 Florida Statutes and the submerged land lease for all facilities or structures on the Project Site that are located over state sovereignty submerged land and that applicable fees or wetslip certification forms are current or that the facilities or structures are not subject to a state sovereignty submerged land lease. 08-003-W W 1 April 15, 2009 ~~ SMWW - GC -8- 5. Annually the Recipient will provide a letter from the Department of Environmental Protection stating the Recipient is in compliance with Chapters 253, 258, 373 Part IV and 403 Florida Statutes and the submerged land lease for all facilities or structures on the Project Site that are located over state sovereignty submerged land and that applicable fees or wetslip certification forms are current or that the facilities. 6. One of the existing buildings on the project site will be used as a working waterfront building and the other as an educational site highlighting the cultural and historic heritage of Florida's traditional Working Waterfronts. 7. Permanent structured displays of artifacts and other items shall be provided that provides inforrnation about the economic, cultural or historic heritage of Florida's traditional Working Waterfronts 8. Interpretive kiosk or signs shall be provided that educate the public about the economic, cultural, or historic heritage of Florida's traditional Working Waterfronts IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT. 1. Each parcel in the Project Site to which the Recipient acquires interest shall be subject to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Sections 375.051 and 380.510, Fla. Stat.; Section 11(e), Article VII of the Florida Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds. The Declaration of Restrictive Covenants shall contain clauses providing for the conveyance of interest to the Project Site to the Trustees, or a Nonprofit Working Waterfront Organization or government entity, upon failure to comply with any of the covenants and restrictions, as further described in paragraph 3. below. 2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. The Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time of the closing of the Project Site and shall be recorded by the Recipient in the county(s) in which the Project Site is located. 3. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing 08-003-WW1 April 15, 2009 SNIVVW - GC -9- 2I activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, Nonprofit Working Waterfront Organization, Water Management District in which the project is located, or a managing agency of the Board of Trustees who agrees to accept interest and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat. X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 2. If the existence of the Recipient terminates for any reason, interest to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, Nonprofit Working Waterfront Organization, Water Management District in which the project is located, or a managing agency of the Board of Trustees who agrees to accept interest and manage the Project Site. 3. Following the acquisition of the Project Site, the Recipient shall ensure that the future land use and zoning designation assigned to the Project Site is for a category dedicated to working waterfronts. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the Project Site's acquisition. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 5. The Project Site shall permanently contain one sign recognizing FCT's role in the acquisition of the Project Site. XI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the prof ect complies with the requirements for the use of Florida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances may have negative legal and tax consequences under Florida law and federal income os-oo~-wwl Apri115, 2009 Z Z slvlww - cc -10- tax law. The Recipient further agrees and acknowledges that these disallowable activities maybe allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to anon-governmental person or organization; b. the operation of any concession on the Project Site by anon-governmental person or organization; any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with anon-governmental person or organization; d. any use of the Project Site by anon-governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with anon-governmental person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph V.1., at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide to FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING 08-003-W W 1 April 15, 2009 SMWW - GC -11- <~J BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. XII. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a non-state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. It may be necessary for the Recipient to amend prior fiscal year audits to account for receiving the FCT grant funds because the determining factor of when the expenditure must be accounted for is when the expenditure is made, not the signing of this agreement. Per Department of Financial Services Rule 69I-5.004(2)(a), Florida Administrative Code, the determination of when State financial assistance is expended should be based on when the activity occurs (the activity pertains to events that require the nonstate entity to comply with contracts or agreements, such as expenditure transactions associated with grants.) Additional prior fiscal year expenditures of State financial assistance should be added to total expenditures of State financial assistance previously reported for the prior fiscal year to determine if the threshold was exceeded. If so, the nonstate entity should take appropriate action to provide for an audit for the prior fiscal year in accordance with the Florida Single Audit Act. 3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). 08-003-W W 1 April 15, 2009 ~1 ~ SMWW - GC -12- 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. performed by an independent certified public accountant ("IPA") who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. XIII. DEFAULT; REMEDIES; TERMINATION 1. If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislature or the Office of the Comptroller, or if any of the events below occur ("Events of Default"), all obligations on the part of FCT to make any further payment of funds hereunder shall, if FCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth 0&003-W W 1 April 15, 2009 sNlww - cc -13- Z S herein, but FCT may make any payments or parts of payments after the happening of any Events of Default without thereby waving the right to exercise such remedies, and without becoming liable to make any further payment. The following constitute Events of Default: a. If any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; b. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure said material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; c. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information; or d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement. 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph V.2. herein; b. Commence an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of the FCT Award; d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent ofnon-compliance or lack of performance or issuing a written 08-003-W W 1 April 15, 2009 SMWW - GC -14- warning to advise that more serious measures may be taken if the situation is not corrected; or e. Exercise any other rights or remedies which may be otherwise available under law, including, but not limited to, those described in paragraph IX.3. 3. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; failure to make significant progress toward the closing(s) of the real estate transaction(s) and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, F1a.Stat., as amended. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), Fla. Stat. until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agreement is executed, then as provided for in Sections 125.355(1)(a) and 166.045(1)(a), Fla. Stat. 4. FCT may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice. 5. The Recipient may request termination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the project. A request for termination shall be provided to FCT in a manner described in paragraph V.1. XIV. LEGAL AUTHORIZATION 1. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement. XV. STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. Any power of approval or disapproval 0&003-WW1 April 15, 2009 SMWW - GC -15- Z7 granted to FCT under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Grant Contract embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Grant Contract. CITY OF SEBASTIAN By: Print Name: Al Minner Title: City Manager Date: Approved as to Form and Legality: By: Print Name: Robert A. Ginsburg 08-003-WW1 April 15, 2009 ~Q' SMWW-GC -16- FLORIDA COMMUNITIES TRUST By: Ken Reecy Date: Community Program Manager Approved as to Form and Legality: By: Kristen L. Coons, Trust Counsel Contract No. FCT Project No: 08-003-WW1 CONFIDENTIALITY AGREEMENT This is a Confidentiality Agreement ("Agreement") pursuant to Rule 9K-10.005(3), Florida Administrative Code (F.A.C.). Parties to the Confidentiality Agreement: The City of Sebastian ("Recipient"), a local government of the State of Florida, and the FLORIDA COMMUNITIES TRUST ("FCT"), a non-regulatory agency within the Department of Community Affairs. Parcels Covered by this Agreement: This Agreement covers all parcels identified as part of the project site in SMWW application 08-003-WW1 that was selected for funding and is governed by a Grant Contract for FCT Project Number 08-003-WW1 ("Project Site"). Confidentiality: a) Pursuant to Rule 9K-10.002(8), F.A.C., the term "Confidential" refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07, Florida Statutes (F.S.). b) The Recipient and its agents shall maintain the confidentiality of all appraisals, offers, and counteroffers as required by Section 125.355(1)(a), F.S., for counties, or Section 166.045(1)(a), F.S., for municipalities, and Chapter 9K-10, F.A.C. The Recipient may disclose such confidential information only to the individuals listed herein below. c) Requests to add persons to the disclosure list shall be made in writing. Upon the written consent of the FCT Community Program Manager, the Recipient shall execute an Addendum to the Agreement. All confidentiality requirements outlined above shall apply to individuals added to the list. d) The undersigned board members and staff of the Recipient and its agents, if any, agree to maintain the confidentiality of appraisal information, offers and counter-offers concerning FCT Project Number 08-0003-WW1, as required by Section 125.355 (1)(a), F.S., for counties or Section 166.045 (1)(A), F.S., for municipalities, Chapter 9K-10, F.A.C., and this Confidentiality Agreement between the Recipient and FCT. i 08-003-WW1 4/15/2009 e) The undersigned certify that they have no legal or beneficial interest in the Project Site. Date CITY OF SEBASTIAN Recipient Board Member, Staff or Agent Name Mayor Richard H. Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchck Council Member Eugene Wolff Al Minner, City Manager Rebecca Grohall, Growth Mgmt. Dir. Robert Ginsburg, City Attorney Sa11y.A. Maio, City Clerk By: Title: City Manager Date: Approved as to form and legality: $y; Robert A. Ginsburg Title: City Attorney 2 08-003-WW1 4/15/2009 Signature FLORIDA COMMUNITIES TRUST By: Ken Reecy Community Program Manager Date: Approved as to form and legality: By: Kristen L. Coons Title: Trust Counsel cm of 5~~~'~-N ~:- t HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Go-Line Grant Funding Agenda No. D~,~(j App owed Submittal by: City Manager . Department Origin: Fina c Finance Director: ~ ~~ City Attorney: City Clerk: ' ne Date Submitted: Apri114, 2009 For Agenda of: Apri122, 2009 Exhibits: N/A EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $50,000 each year for two years No funds currently budgeted $50,000 for FY2010 and for FY2011 SUMMARY At the April 8, 2009 City Council meeting, Karen Diegl, CEO, Senior Resources Alliance, gave a power point presentation on the current status of the Go-Line and a proposal for upgrades and expansion. She advised that they have applied fora $209,000 grant which requires local matching funds and requested the City to contribute funding of $50,000 each year for two years. Staff has confirmed with her that a commitment by the City to make the matching payments in October 2009 and October 2010 will be acceptable. Because these expenditures are transportation related, it would seem most appropriate to use revenues from the local option gas taxes. To do this will require some changes to our plan for funding street repaving and sidewalk repairs which are scheduled in the capital improvements program and a reduction in the annual transfers planned to be made to General Fund. Should the City Council approve the commitment for the grant matching funds, we will need to adjust for this as we update this year's capital improvements program and develop the operating budget for next year. At this time, we would probably recommend that the transfers to General Fund be reduced from $250,000 to $200,000 for the next two years and offset this shortfall to General Fund revenues by using General Fund cash reserves. It should also be noted that street repaving and sidewalk repairs that were previously scheduled are likely to be deferred to FY 2014-15, in order to match currently projected revenues on an annual basis. RECOMMENDED ACTION For City Council approval, a motion should be made to approve the Go-Line contribution as requested ($50,000 in October 2009 and $50,000 in October 2010), subject to 2010 and 2011 appropriations. 31 3Z LOCAL OPTION GAS REVENUE (Update of Current Capital Program) Local Option Gas Tax Fund Revenues Debt Payment Operating Costs (Street Lights,etc.) Street Repaving TOTAL Debt Payment Operating Costs (Street Lights,etc.) Transfer to General Fund Street Repaving Barber Street R/R Crossing TOTAL Debt Payment Operating Costs (Street Lights,etc.) Transfer to General Fund Reduction to General Fund Transfer Addition for Go-Line Grant Match Street Repaving Sidewalk Repairs Defer Street Repaving and Sidewalk Repairs TOTAL Debt Payment Operating Costs (Street Lights,etc.) Transfer to General Fund Reduction to General Fund Transfer Addition for Go-Line Grant Match Street Repaving Sidewalk Repairs Defer Street Repaving and Sidewalk Repairs TOTAL Debt Payment Operating Costs (Street Lights,etc.) Transfer to General Fund Street Repaving Sidewalk Repairs Defer Street Repaving and Sidewalk Repairs TOTAL Debt Payment Operating Costs (Street Lights,etc.) Transfer to General Fund Street Repaving Sidewalk Repairs Defer Street Repaving and Sidewalk Repairs TOTAL Operating Costs (Street Lights) Transfer to General Fund Street Repaving Sidewalk Repairs Defer Street Repaving and Sidewalk Repairs TOTAL Operating Costs (Street Lights) Transfer to General Fund Street Repaving Sidewalk Repairs TOTAL Beginning Fund Balance Reserve Requirement (15% of Budget) UNRESTRICTED RESERVE BALANCE LOCAL OPTION GAS TAX REVENUE LOCAL OPTION GAS TAX EXPENSES Ending Fund Balance FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Totals $720,000 $738,000 $756,450 $775,361 $794,745 $814,614 $834,979 300,000 204,800 215,784 50,000 34,216 804,800 300,000 204,800 250,000 (50,000) 50,000 75,000 25,000 1( 00,000) 100,000 754,800 300,000 204,800 250,000 (50,000) 50,000 125,000 25,000 15( 0,000) 150,000 754,800 300,000 204,800 250,000 125,000 25,000 150,000 150,000 754,800 300,000 (Final) 204,800 257,261 125,000 25,000 150,000 150,000 762,061 209,920 204,800 125,000 25,000 15( 0,000) 150,000 414,720 215,168 204,800 125,000 25,000 1,269,968 226,792 226,792 112,500 112,500 114,292 29,492 12,692 14,342 34,903 67,588 467,481 114,292 720,000 738,000 756,450 775,361 794,745 814,614 834,979 5,434,150 804,800 754,800 754,800 754,800 762,061 414,720 1,269,968 5,515,949 29,492 12,692 14,342 34,903 67,588 467,481 32,493 32,493 34 r ~34J ~~,~7z ~F ra ~~ ~ ~ , ':, ~ , ~ ~f J~~ ~-_~ ~ .~ ~-` ~I~F~E +~.1~ P~Lh..hPV 0~[J~~]Ct TO: Member of the Sebastian y Council FROM: AI Minner, City Manag RE: LOPRESTI AIRPOR FIRST AMENDMENT DATE: Thursday, April 16, 2009 Please note that no new business is on the April 22, 2009 agenda. For that reason, we have placed LoPresti Airport Lease First Amendment on the Consent Agenda. The aim was for smooth flow of the meeting only. The transmittal prepared by Joe Griffin is short, but very accurate. 35 3~ _ ~~ ry _ ,~ `~, _~__ F6C?Iv[E 4F PELICAAI IS[APtD A f FNn A TRANSMITTAL Subject: LoPresti Airport Lease- First Agenda No. ~9. U7 2 Amendment Department Origin: ici al Airport Joseph Griffin !~' A r d for Submittal by: Finance Director: City Clerk: City Attorney: er, City Manager Date Submitted: April 15, 2009 For Agenda o£ April 22, 2009 Exhibits:l. LoPresti Aviation Lease; 2. First Amendment of LoPresti Aviation Lease EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- REQUIRED: -0- SUMMARY LoPresti Aviation is seeking a SBA guaranteed loan through Marine Bank of Vero Beach to finance expansion. The SBA is not willing to loan funds under the existing lease because of subordination issues. Airport staff is recommending a similar amendment to the LoPresti lease that amends the Airport/Phillipson lease, thereby allowing expansion at that airport leasehold. The proposed amendment would not position the airport/city in a subordinate position relative to the LoPresti `wing' or Hanger `A', but would allow any prospective mortgagee an interest in the LoPresti leasehold that would further protect the airport/city. RECOMMENDED ACTION Move to authorize execution of FIRST AMENDMENT TO LoPRESTI AVIATION AIRPORT LEASE. 3~ 3~ LEASE AGREEMENT between the i iiy (3i Sebastian and LoPresti Aviation 39i ~fo AIRPORT LEASE THIS LEASE, made and entered into this 2°d day of April, 2008, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and LoPresti Speed Merchants, Inc. (hereinafter referred to as "Tenant" or LoPresti). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties". This document contains seventeen (17) pages, plus Schedule Pages "A" and "B." 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 W"tIEREAS, the "Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property; and WHEREAS, the Tenant desires to lease the said property from the Landlord; and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. RECITALS. The stated recitals are hereby incorporated by reference in this Lease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, and in accordance with the Principal Guiding Documents for Sebastian Municipal Airport, the Landlord hereby leases to the Tenant and the Tenant hereby rents from the Landlord that portion of the real property of the Landlord which is described more particularly on Schedule "A" affixed hereto and made a part hereof by reference (hereafter refereed to as the "leased premises A"), also included is that portion of real property of the Landlord which is described more particularly on Schedule "B" affixed ~J hereto and made a part hereof by reference (hereafter referred to as the "leased premises B"). In the event that any portion of the Leased Premises, A or B, is needed for actual improvements to the Airport, any portion thereof rendered unusable to Tenant shall be released from this lease and the rental payments adjusted accordingly. Pending approval of the underlying lease by the City Council of the City Of Sebastian, it is understood that Tenant shall have access to the leased premises `A' on December 1, 2008 for the purposes of configuration and `move-in' functions. It is anticipated that Tenant shall have access to leased premises `B' on January I, 2009. It is understood that Tenant's start date for rent payments on the leased premises is January 1, 2009. Tenant agrees to `hold harmless' the City Of Sebastian for any/all claims, liability, and damages resulting from activities by Tenant during move-in. 3. TERM OF LEASE. The term of this Lease shall be for a period of fifteen (15) years commencing January 1, 2009, and will end on the fifteenth (15~') anniversary of such date. The Tenant shall have the option to extend the lease for a period of five (5) years with agreement by the City Of Sebastian. Notice of intent to exercise said option by Tenant must be received by Landlord no later than six (6) months prior to the expiration of the underlying lease. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) Base rent for the leased premises shall be forty-four thousand four hundred dollars ($44,400.00). The parties recognize 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 January 2010, the Landlord will compare the most recent price index with the base price index for 2009, and the yearly rent amount shall be increased proportionally based upon changes in the price index, if appropriate, on February 1, 2010. Another such adjustment shall be undertaken for February 1, 2011, and every year thereafter until the expiration date of the lease, including the option period if applicable. (b) Time of the essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. In the event that any rental payment due hereunder shall not be ~J paid within five days of when due, Tenant shall pay Landlord a Late payment fee of 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. (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 instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all unmatured rent installments presently due and payable. (2) Partial acceleration. In lieu of the option in sub-paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies. In addition to the options granted above, the Landlord may exercise any and all other options available to it hereunder or under law, which options may be exercised concurrently or separately with the exercise of the above options. f L~~~,~,~.~r°r; l~nluic 1"~~ 1~[l(lllL t;~ }~~l_. rrh~ in,;i t'inicl~~, ~»~i~ai~~r ,~s~~r~luir~:~l h.. t}~~, i~riil ~~~ 111, _~~'1'.CLnCllt 1.,'~1 C:°,lljt~t~~ C~~~IlCj1L1~?]l ~~'-•'(~Il~l I~~~ C~~lltl'i~l ~l7~ii .L, _~-+llt~ lli ~` - ~~]TilllC~j lU,~~~1C, SiTlk~~~1T_`~,~~_l~(~~~`~._~iCL~_(il~~il~~i.f~'1~Ci~Illlltlli.,~~~ I"C `,LI']l'lll~~l`:;~~~11,`.C1'~ r~llI1,1C~~. ~1C ~~siflla~t ~~1`~~~ti~l~ilCtlUl1 il[~~t11`. [l~l~,',t~l~~~:~ ~'~~C]'~]~lc, uI''~Ct~ CC,`;_ ~~18~~~lY~tit ~~~~ ~1i~e1~1~~~_lti hr~,~i~htii~lhis ~A~rt_:rn~iit. (d} Default in provisions. 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 (30) days after the date of said 43 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 or under law, 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 quarterly installments, commencing on January 1, 2009. Rental payments for leased premises as described in Section 3 (above), Schedule "A," and Schedule "B" will then be due on a like day of every quarter thereafter during the term of this Lease. 5. 1MYRO V ENIENTS T O T riE PREMISES. l he Landlord acknowledges that the Tenant is leasing the premises for the primary purpose of the operation of Tenant's manufacturing business. In order to utilize the leased premises for this purpose, it may be necessary to use improvements previously constructed upon the leased premises. Tenant acknowledges that these improvements are owned by Landlord. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 6 hereof, and shall have the right to construct improvements upon the leased premises, provided any such 'improvements do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such improvements are approved, in writing, by the Sebastian City Council 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) and the Florida Department of Transportation (FDOT). (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 improvements. (c) All improvements and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. 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 t'nis Lease, for any reason, shaii continue to 'de owned 'uy 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 damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at Tenant's expense. 6. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. Tenant will abide by the Principal Guiding Documents for Sebastian Municipal Airport. Tenant agrees that the leased premises shall be used by the Tenant for the purpose of the operation of a manufacturing business. No other use may be conducted by the Tenant without the express. written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. All aeronautical businesses and activities must be certified ~5 and licensed by appropriate agencies, including the FAA, in the appropriate categories of their specific operation. 7. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any part thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the leased premises. The Tenant shall keep the leased premises in a good state of maintenance and repair and keep the leased premises in a clean 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 are 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, 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 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. 8. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, phone, Internet, or any other utility or service consumed in connection with the leased premises. Relating to leased premises `A', utility charges shall be assessed to Tenant by Landlord on a prorated basis according to the Tenant square foot usage. Relating to leased premises `B', utility charges shall be charged by the appropriate agency to Tenant by separate meter. The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 9. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 6 Y VJ 10. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefore shall be provided to the Landlord upon request. 11. LIABILITY INSURANCE.. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive public liability insurance coverage with respect to the leased premises and operations thereupon. The insurance coverage to be maintained by the Tenant shall contain limits of: (a) Bodily Injury and Property Damage - $1,000,000 Combined Single Limits (b) Products and Completed Operations Liability (if applicable) - $1,000,000 Combined Single Limit. (c) Aircraft Liability - $1,000,000 Bodily Injury and Properly Damage Combined Single Limit. (d) Insurance in the full replacement value of all Personal Property, Equipment, and Trade Fixtures on the Leased Premises. (e) Ground and Hangar Keeper's Liability -adequate coverage for any single aircraft in storage or care and a limit covering the total value of those aircraft but not less than $100,000 for damage to any one (1) aircraft and $500,000 per each occurrence. (f) Chemical Liability Insurance (if applicable) -minimum of $400,000 Combined Single Limit. (g) For aircraft Fueling Operations - a Comprehensive Aircraft Liability policy indicating that the coverage includes owner's fueling/defueling operations with fueling equipment owned and/or operated by the Tenant. The minimum shall be $1,000,000 Combined Single Limit for Bodily Injury and Property Damage. (h) Automobile Liability Insurance: (1) Each service provider operating one or more motor vehicles on the City's premises in the performance of their work shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $300,000 Combined Single Limit. (2) Service Providers having unescorted access to the AOA at the Sebastian Municipal Airport shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $1,000,000 Combined Single Limit. (i) Builder's Risk -during any construction on a leased site, the service provider shall furnish Builder's Risk Insurance insuring the contract price, with the City listed as the named insured. Any deductibles under the builder's risk policy shall be the responsibility of the service provider. 4~ (j) Workers' Compensation Insurance: as required by Florida Statutes. Tenant agrees that, should there be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease by resolution of the City Of Sebastian City Council. 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. 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 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. 12. PROPERTY, F1RE AND EXTENDED COVERAGE 1NSU1~ANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, 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 therefore. The Landlord shall have no obligation to keep the leased premises contents insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be .issued by one or more insurance companies authorized to engage in business in the State of Florida. All policies described in this Paragraph 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. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. 13. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER CASUALTY. In the event the leased premises are destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will cause said premises 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 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. (a) If the Tenant, under its option, elects not to repair the leased premises, either party may choose to cancel the Lease; if either party elects to cancel the Lease, the Landlord shall be entitled to that portion of the insurance proceeds paid as a result of such damage and/or destruction to the building and other improvements on the leased premises, the Tenant shall be entitled to the remainder, if any, of the insurance proceeds. (b) In the event the Tenant, under its option, elects not to repair and/or replace the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the leased premises. 14. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph shall survive the termination or cancellation of the Lease. 15. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of any hazardous or toxic materials, substances, pollutants, contaminants, 49 petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant, sub-Tenants, agents, assigns, or users of leased premises or fuel farm. The presence of said substance or materials on the leased premises, or fuel farm, shall raise the presumption that Tenant is the cause of such presence. This Paragraph shall survive the termination, or cancellation, of the Lease. 16. 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 primary purposes identified in Section 6 of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 17. LANDING FEES. Landing or any other type of use of runway fees being charged by Tenant 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. 18. GOVERNMENT SEIZURE. h1 the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 19. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the 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 5e 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. 20. 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; (c) The Tenant's failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the ieasehoid interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenant's abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title 5f and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the 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, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder; (j) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts a through j above. Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days from the date notice is sent by the Landlord within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days from the date notice is sent by the Landlord within which to remedy such default by paying all rent due. 21. 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 5L 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. 22. 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: LoPresti Speed Merchants, Inc. 202 Airport Drive East Sebastian, FL 32958 Attn: Curtis LoPresti 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. 23. 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. 51 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. 24. REMOVAL OF TRADE FIXTURES, SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, the Tenant agrees to immediately surrender possession of the premises and all facilities thereon. Tenant shall have the right to remove all personal property owned by the Tenant provided any damages in removal are repaired by the Tenant at Tenant's sole cost. Any personal property not removed within thirty (30) days shall be presumed abandoned. The cost of removing any such abandoned property that the City deems unusable shall be indemnified to Landlord by Tenant. 25. HEIGHT/HAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures and other obstnictions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 26. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as par[ of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to 14 ~~ discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the 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. 27. 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 agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 28. 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. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 29. 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. 15 30. APPLICABLE LAW/VENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. THE PARTIES HEREBY WAIVE THE RIGHT OF TRIAL BY JURY OF ANY ISSUES SO TRIABLE. 31. 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, based upon the prevailing rates of private attorneys in Indian River County, Florida. 32. RECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 33. MISCELLANEOUS. 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 secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of .this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the /~ 16 (.U 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. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: CITY F ~~ .~ e A Mu ' ci Sally Maio, 'ty Cl.erk Approved as to Form and Legality for Relia the City of Sebastian only: t 1 ~ ~ t~ Rich Stringer, Ci At rney LoP~ By: Curtis LoPresti, President City Manager Corporate Seal: 57 Schedule "A" Lease Agreement between the City Of Sebastian and LoPresti Speed Merchants, Inc. 1. Leased premises shall include a `wing' at the Sebastian Municipal Airport Administration Building currently known as the "Public Works Wing." This space is approximately 1700 square feet, more or less. 2. A 10' X 10' office adjoining the lobby area of the administration building is included. Total leased space is 1800 square feet. 2. Premises are furnished, as is. Prior to occupancy, the Landlord and Tenant will exchange an inventory of the furnishings that will include the condition of said furnishings. 3. Utility charges shall be prorated according to square foot usage. 4. Common Area Maintenance (CAM) shall be at no charge to the Tenant. 5. Lobby/reception area shall be considered acommon/shared space with other building tenants. 6. Tenant shall have priority use of a locked Conference Room/Library adjacent to the lobby of the administration building with appropriate notice to the Landlord. 5$ Schedule "B" Lease Agreement between the City Of Sebastian and LoPresti Speed Merchants, Inc. Concerning Hanger Operations 1. The City Of Sebastian shall lease to LoPresti Speed Merchants, Inc. a 15,000 square foot hanger located at the Sebastian Municipal Airport, adjacent to the Airport Administration Building. It is understood that the hanger facility shall be used in conjunction with the manufacturing operations of LoPresti Aviation interests. The City Of Sebastian retains ownership of the hanger facility throughout the term of the lease. 2. The lease rate shall be at a rate as describe in section 4 of the lease agreement. 3. It is »nde,-stood that LoPresti will provide adequate insurance on all aspects relating to its manufacturing/hanger .operations. In addition, LoPresti will provide adequate liability and property damage insurance coverage on the city-owned hanger facility. LoPresti Speed Merchants, Inc. will hold harmless the City Of Sebastian of any claim or liability relating to LoPresti's hanger operation. FIRST AMENDMENT OF AIRPORT LEASE AGREEMENT THIS FIRST AMENDMENT of that certain AIRPORT LEASE AGREEMENT by and between the CITY OF SEBASTIAN (hereinafter called "Landlord") and LoPresti Aviation, dated 2 Apri12008, (hereinafter called "Lease"), provides as follows: WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River, Florida; and WHEREAS, the Landlord agreed to lease such property under the Lease to Tenant; and WHEREAS, Tenant wishes to modify said Lease; and WHEREAS, Tenant and Landlord are mutually agreeable to said changes; 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: Section 20. DEFAULT BY TENANT, of the Lease is hereby amended to read as folloti:'S: 20 (1) Mortgage Authorized: Tenant may encumber only its leasehold estate by the execution and delivery of a Mortgage. Landlord's written consent is required before any mortgage, other than one for construction of the approved structures for the site plan for the Premises, is made which encumbrances said Leasehold estate. Landlord will not subordinate its interest in the Premises or in this Lease to any Mortgage. The Mortgagee of any such Mortgage may deliver to Landlord a written notice specifying (i) the amount of the obligation secured by the Mortgage and the date(s) of the maturity thereof; and (ii) the name and address of the Mortgagee. After receipt of such notice, Landlord shall serve such Mortgagee by certified or registered mail, at the latest address furnished by such Mortgagee, a copy of every notice of default or demand served by Landlord upon Tenant under the terms and provisions of this Lease so long as such Mortgage is in effect. In the event of any assignment of a Mortgage or in the event of a change of address of the Mortgagee or of an assignee of such Mortgage, notice of the new name and address shall be provided to Landlord. 20 (m) Mortgagee's Rights. Upon receipt of a notice of default, Mortgagee shall have thirty (30) days after receipt of such notice within which, at Mortgagee's election, either: to cure the default if it can be cured by the payment or expenditure of money; to perform such other action as may be necessary to cure the default- or if the default is not a default in the payment or expenditure of money and is curable but cannot be cured within thirty (30) days, to commence performance within such thirty (30) day period and thereafter diligently prosecute the same to completion, in which event the default will be deemed to have been cured. In the event it is necessary for Mortgagee to obtain possession of the (n D Premises in order to cure a default, Mortgagee shall be deemed to have cured said default if it institutes foreclosure proceedings within such thirty (30) day period and completes such foreclosure proceedings or otherwise acquires Tenant's interest under this Lease with diligence and continuity and thereafter commences and diligently proceeds to cure such default; provided, however, that Mortgagee shall not be required to continue such possession or continue such foreclosure proceedings if the default which would have been the reason for serving a default notice shall be cured, and provided further, that nothing in this Article shall preclude Landlord from exercising any rights or remedies under this Lease with respect to any other default by the Tenant during any period of such forbearance. 20 (n) Additional Rights of Mortgagee. In the event of foreclosure by any Mortgagee, the purchaser at the foreclosure sale or the Person acquiring Tenant's interest in lieu of foreclosure shall succeed to and be bound by all of Tenant's rights, interests, duties and obligations under this Lease. In the event that a Mortgagee shall become the owner or holder of the Tenant's interest by foreclosure of its Mortgage or by assignment of this Lease in lieu of foreclosure or otherwise, the term "Tenant", as used in this Lease, means only the owner or holder of the Tenant's interest for the time being so that, in the event of a sale, assignment or other disposition of the Tenant's interest in this Lease by the Mortgagee, the Mortgagee shall be entirely freed and relieved of all covenants and obligations of the Tenant under this Lease arising after the date of such sale, assignment or other disposition, and it shall be deemed and construed, without further agreement between Landlord and Mortgagee or between Landlord, Mortgagee and the Mortgagee's purchaser or assignee at any such sale or upon assignment of Tenant's interest, that the purchaser or assignee of Tenant's interest has assumed and agreed to carry out any and all covenants and obligations of Tenant. In the event of the termination of this Lease or of any extension of said Lease prior to its stated expiration date, or in the event of the termination of Tenant's right to possession of the Premises as a result of an event of default by Tenant hereunder, Landlord will enter into a new lease of the Premises with Mortgagee or, at the request of such Mortgagee, with a corporation which is wholly owned by such Mortgagee, for the remainder of the term effective on the date of such termination of this Lease (or termination of Tenant's right to possession of the Premises) at the Rent and upon the covenants, agreements, terms, provisions and limitations contained in this Lease, provided that such Mortgagee makes written request and executes, acknowledges and delivers to Landlord such new lease within thirty (30) days from the date of such termination of this Lease (or termination of Tenant's right to possession of the Premises) and such written request and such new lease are accompanied by payment to Landlord of all amounts then due to Landlord, including Attorneys' Fees incurred by Landlord in connection with any such default and termination as well as in connection with the execution and delivery of such new lease. In addition, immediately upon execution of such new lease, Landlord shall execute, acknowledge and deliver to Mortgagee an assignment of all subleases covering the Premises which theretofore may have been assigned and transferred to Landlord and all subleases under which subtenants shall be required to attorney to Landlord pursuant to the terms and conditions of such subleases or this Lease. Such assignment by Landlord shall be deemed to be without recourse as against Landlord. Reference in this Lease to a Mortgagee shall be deemed to refer, where circumstances require, to any assignee of a C~ Mortgagee; provided that such assignee shall forward to the Landlord a duplicate original of the assignment of the Mortgage, together with a written notice setting forth the name and address of the assignee. All remaining terms and conditions of the initial Lease shall remain in full force and effect. This document contains three (3) pages. IN WITNESS WHEREOF, the parties hereto have set their hands this 22°d day of April 2008. ATTEST: CITY OF SEBASTIAN A Municipal Corporation Sally A. Maio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert Ginsburg, City Attorney ~~ By: Alfred A. Minner, III, City Manager TENANT LoPresti Aviation Curtis LoPresti, President Cl`C t~ ~ ._, r" \ Wf}f."E C}F P~1.1~1itV t;l.At~[3 s r_F.~vn a 'ru AIV~MTTTAL Subject: General Fund Early y Agenda No. ~~. o ?3 Retirement Incentive Buy-Out Option Program Department Ori in: Human Resources Finance Director: A rov f Submittal by: City Clerk: ~- i A ttorney: ty C er, City Manager Date Submitted: April 16, 2009 For Agenda of: Apri122, 2009 Exhibits: EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $18,519 0.00 REQUIRED: $18,519 From FY 2009 Budget Savings SUMMARY On July 25, 2007, City Council approved the general fund voluntary early retirement incentive buy-out program for employees within 37 months of age 65 or older, and whom had at least 14 years of service with the City of Sebastian. This buy-out was offered to assist employees who were ready to retire, and at the same time help balance the 2008 Annual Budget. Ofthe ten (10) general fund employees offered the buy-out, seven (7) accepted the voluntary early retirement. This was once again offered for the 2009 Annual Budget, and one (1) employee accepted. For Fiscal Year 2010, beginning October 1, 2009, there are no new eligible employees that fit the same criteria as established during the original buy-out program offered over the past two (2) years. There are two (2) remaining employees who are eligible under the original criteria, and we were approached by John Tenerowicz, requesting abuy-out for fiscal year 2010. We have accepted his buy-out request pending City Council approval. John Tenerowicz has been employed by the City since January of 1991. His present position is in the Parks Division of Public Works, as a Foreman. His buy-out option would cost $18,519 (18 years of service x $1,000 for every year of service + a prorated payment for any uncompleted full year of service). We have accepted his letter, pending City Council approval. We will not be filling the position, and will not be including the position in the Fiscal Year 2010 Annual Budget. RECOMMENDED ACTION Move to authorize the City Manager to spend $18,519 from Fiscal Year 2009 Budget Savings to provide a voluntary early retirement buy-out option to John Tenerowicz. (~ 3 ~y ' V~" e~T - -_- _. I ~~;. b~~'rk~ ~~r Er:~E~d~iE~ y~~S;t'~~~ CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Craft Club of Agenda No. (~ . 01 Sebastian Craft Show Dates for 2009 - 2010 at Riverview Park. Department Origin: ~ 'mac. ~o.N.~ Finance Director: Approved r Submittal by: City Manager City Attorney: • City Clerk: Date Submitted: April 15, 2009 Al i ner For Agenda of: Apri122, 2009 Exhibits: Park Use Permit Application and letter from Craft Club President. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION None REQUIRED: None SUMMARY The Craft Club of Sebastian is seeking Council approval for its Craft Show Schedule for 2009 - 2010 at Riverview Park. The Craft Club of Sebastian has had shows at Riverview Park for many years and has worked well with the City. The Craft Club has donated to many worthy causes in the community. In light of all the community activities the Club is involved with, the Club is requesting cutting all applicable fees by 50%. They requested November 7, 2009 but I switched that date to November 14, 2009 to save November 7 & 8, 2009 for the Clambake. This year's show dates are October 3, 2009, November 14, 2009, December 5 & 6, 2009, January 2, 2010, February 6, 2010, March 6, 2010, April 3, 2010 and May 1, 2010. Shows are from 9 AM until 3 PM at Riverview Park. Rain dates for this year's shows are October 4, 2009, November 15, 2009, January 3, 2010, February 7, 2010, March 7, 2010, April 4, 2010 and May 2, 2010. RECOMMENDED ACTION Move to approve cutting all applicable fees by 50% for Craft Club of Sebastian Craft Shows at Riverview Park from 9 AM until 3 PM on 10/3/09, 11/14/09, 12/5 & 6/09, 01/2/10, 02/6/10, 03/6/10, 04/3/10 and OS/1/10. Move to approve rain dates for Craft Club of Sebastian Craft Shows at Riverview Park on 10/4/09, 11/15/09,1/3/10, 2/7/10, 03/7/10, 04/4/10 and 5/2/10. ~, 5 ~~ {IIY dF :, ..a.~;i=.xw`~~~` ~_ adON6E L~~ PELiCAi~i OSL1~Ni3 1225 Main Street, Sebastian, Fl 32958 Telephone (772)589-5330 - Fax (772)589-5570 CITY OF SEBASTIAN PARK USE PERM.~iT APPLICATION Park Event - 50 to 300 Attendees $50.00 Application/Pernvt Fee Please check the appropriate Box: C' Date ~~ ~~~ 1 ~,.~ .~ Name of Permittee: Permits May Only be issued in the Name o' an Adul Address.:~~G} ~, ~QY~1t7~G[..St ~Y~ .~ ~ .~ Mailing Address: (~, ~'~ ~ x or Special Event - 301 or More Attendees $100.00 Application Fee ,,, `l _. or Legally Organized Organization ~d~~~f.~ - ~:~ ~s~ _ ~(, Telephone: ~ ~ ~ .~ ~ ~ -, ~} ~~ ~~ ~ jg _ .~~ J ~r `~~ ~ ~- Name of Organization or Group : C_~~~. ~ ~ ~y i ~ b ~ ~' , ~ C~ bc;t .5`~'C~ ~ (r~> ii r; Reason for Use: ~~'Ct7"~ ,5^h~y{,t.1~' ~~.~~'1 SCz Requested Date(s) Rain Date: t'3 i Time of Use: From: '° ~YV To: ~ ~(~ `Yl, `~ _~~~~ ~,' '~ Will there be any sale of goods? Yes 1/ No '~-._ If yes, please describe type of goods on back. ~''~- ~` ~~ ~c~ i ;. Food or other types of vendors? Yes V No If yes, please list Warne, address and type of vendors and schematic of any structures to be erected or otherwise assembled on back,.° I.=_ ?, - , the undersigned, acknowledge that I am the app cant or t aut orized agent of the applicant. I further acknowledge th t I am aware of the provisions of the City of Sebastian Codes in respect to this application and the use of the City facilities for which I have applied for a permit to allow a Park Event or a Special Event. ,.j.I,have made myself familiar with the general rules and regulations pr`scri1ie~d by the City and agree to the terms of the permit. ~ % r, ~ ~r.~ 'r ' ~i "~ ~/'l, ~ ~ 1 ,r~'~,t• fit, c'r ~l ` '' ~plicant/Age Sign lure Office Use Only: Permit Fee Paid Date Initials `i~ Park Application Continued - If Required LISP anV VPntlnr infnrm~tinn ~n~i/~,.- ~F..,...-.+.,-.- +~__ NAME ADDRESS TYPE r. ~ ~ Cr ~~ C ~''~, ~ j'1 ~~ ~~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~E "1 ~. .. Schematic : i1~d1 G~~ ,°17,~L-f"I"1~ 7i:C~f ~~ ~ ~~L vac VIYLI J~JCI. i d i I.UnU i ~ IUf15 OT t'ernll L a5 ttegUe5t2d by C1 t~/ Manager ~s ~~_~~~ LX.' j Page 1 of 1 ` ,~ '~ ~'~"~`L~`:: Tv~ r°'~~~..~_~ ~.;ltc~~r.'~ qtr . l~/~ ~ g Dear Chris McCarthy, Park Superintendent of Sebastian, As President of the Craft Club of Sebastian, 1 am formally requesting the use of the Riverview Park for the Club's Craft Shows on the following dates: Show Rain date Oct 3 Oct. 4 Nov. 7 Nov. B Dec.S & 6 no rain date Jan.2 Jan.3 Feb.6 Feb.7 March 6 March 7 Apr.3 Apr.4 May 1 May 2 We will hold 8 Craft Shows at the Park from 9 a.m. - 3 p.m. with your permission. We appreciate the opportunity to use the Park for our Events each year and hope we will continue to do so for the coming year and many years to follow. Thank you, Sincerely Yours, Karen Lampiasi, President of the Craft Club of Sebastian ~9 ~o CRAFT CLUB OF SEBASTIAN P.O. Box 780115 Sebastian, Fl. 32978 1~ a MEMBER TELEPHONE LIST 2006-2007 , ADAMS, .iEAN & CLYDE 772-388-8764 HAND BAGS & WOOD CARVING ASHDOWN, HARRY 772-589-3333 BIRD HOUSES, ETC. BAILEY, ARTHUR 954-962-0312 CLOCKS & PLAQUES BAILEY, RICHARD 8c KAREN 321-433-3253 MAGNET & BEADED JEWELRY & HANDPAINTED CRAFTS BANNISTER BOGUMILA & PETER 772-388-9234 EXOTIC DRIFTWOOD DESIGNS BARWELL, ROBERT & BOTTS, JUANITA 321-727-0932 ALUMINUM & WOOD CRAFTS BLOMGREN, WENDY 321-721-9691 JEWELRY BRADLEY, JOAN 321-724-4706 WOOD -CROCHET-BABY& TOWEL ITEMS BROWN, JOE & CHARLOTTE 772-664-6044 GLASS CLOCKS BROWN, THOMAS & EIVOR 321-777-6081 WIRE WRAP JEWELRY, PEARL KNOTTING CAMPBELL, MIKKY 772-286-3463 SILKFLOWERS,SHELLS,&DRIFTWOOD CAREY,SALLY & Frank 321-956-7608 HANDPAINTED BOTTLES, LAMPS, CANVAS & WINDOWS CASSADY, HEDY 772-343-7731 SEWING BLANKETS,JACKETS,SCRUB TOPS CLEVELAND, JULIE 772-664-0886 POLYMERCLAY, HANDPAINTED WEARABLES COLEMAN, RONALD & WATERS, MARY KAY 772-388-668? ACRYLIC ART -HAND CARVED DALY, EVELYN 772-589-7301 HANDBAGS,NEEDLEPOINT PILLOWS, PAINTED STONES & PET TIES DANIEL, EUNICE 772-581-4362 SEWING DAVIS, LYNDA 321-726-6536 JEWELRY DILEO,KATHY & MANN, STEF \~ ~~, ~ _..R DOLEN, BETTY 772-538-4910 GLASS, CERAMICS, & JEWELRY x.21-783=9~t~1 DOLLS,ANGELS,BEARS,TOWELS, MISC. p ..t 1 /~ i ~'> ~ o ~ ! ~ of ~ I ~.~ ~~{p /~J (~ ~~~ /1 ~s~~/jJ~/~9 /1 t ~ r ~ `~7 ~L/ab" 6'~ ~ i ,t ~Y ~~~~ w I".l,%~ `i o t V "' f < `-'' GG j J, ~ ~v ~~~~~• f~ ~ ~~ DUNPHEY, GLENN & CAROL 772-581-7447 WINE BARREL CRAFTS DYER, HEATHER 321-724-1594 JEWELRYBAGS,HOLIDAY CRAFTS,MISC. EMERY, ANN 772-589-6019 CERAMICS,WREATHSlFI.ORALS/PAINTINGS FELDNER, M. R. 772-571-8909 SANDBLAST ART FOWLER DIANA & COYNE, RHEA 772-589-1159 CROCHET,SEWING,JEWELRY,MISC CRAFTS FRAZIER, SALLY 772-663-2252 SEWING FREDERICK, EARL 321-243-1886 WOOD FUCHS, JOSEPH & DOROTHY 772-589-4038 CORIAN SHELL CRAFTS FUEGEL, MEREDITH 772-589-5367 JEWELRY & SEWN ITEMS GARRIGUS, SUSAN 7?2-466-9638 CERAMIC "EGGS" TRINKETS GATRELL, SHARON & BELDREICH, JOSETTE 772-633-0666 SHELL & DRIFTWOOD & NATURE PHOTOS GRAINGER, RITA 772-563-9550 JEWELRY & OIL PAINTINGS GRANT, BEVERLY Bt DAN 772-489-5804 BIRDS IN A BOTTLE, SOME WOOD, BABY CROCHETED SWEATERS IHNEN, EDWARD & LINDA 772-388-0102 COUNTRY WOOD ITEMS & SOME MISC. JONES EILEEN & TERRY 772-220-2854 CLOTH GIFT BAGS, ST'[JFFED ANIMALS, STAINED GLASS JEWELRY, ETC. KEELER, LORNA 321-76&2656 BIRDHOUSES, PILINGS & MISC. WOOD KIRBY, ROBERT 8c PATRICIA 772-388-0121 FISHMOBILES, BOTTLE SPINNERS, 8t EGRET BIRDS KITCHEN, BETTY & GEORGE DOLL CLOTHES/ AMERICAN GIRL _ LaDUCER, JOAN ~, _ 772-664-4153 FABRIC PURSES & ACCESSORIES ~ ,~ ~ ' LANDSBERG;'DAVID & LINDA 772-388-0880 CU$TO1Vi~FI3HING ROD BUILDING & PAINTING LAUTERBACH, VICKY & FORD, JOYCE 321-726-8086 CROCHET LEWIS, DOROTHY 772-770-0496 PURSES,WALLETS,BABY BONNETS, BABY QUILTS LITTLE, PATRICIA 321-255-5155 BEARS, BAGS, HATS 7Z LOCKE, ALICE 8t ARTHUR 772-388-0714 SEWING, WOOD, CROSS STITCH LOGAN, CINDY & JERRY 772-332-7I I S CERAMIC POTTERY HAGGARD, ENZOR & LOIS 772-388-1402 WILDLIFE WOOD CARVING ?~~ ' MARTEL, JUTA ""' ~~~1~984- 24 ~T SHIRTS ~'~" ~ ~ L~ ~ f~~'' ,,, . , - , ~' L~ ~: MAYS, KEITH & SHIRLEY 321-725-6023 ALUMINUM CAN CRAFTS ~..- ~, ,• ,~'~ ~,< . MEYERS, JACKIE & DAVID 772-589-1036 CERAMICS ~~''~ ~~~' ~a~! /~~j/~~L~L MILLELOT, LEON & CAROL 772-571-1133 HANDFORMED CLAY CERAMICS & ~ GLASSWARE MOLENDA, STAN & PAT 772-464-1082 SEASHELL ITEMS MORAN, PEG 321-255-3421 OROSKI, MARIAN & TED 321-727-7731 PALUMBO, LOUIS & JANET 772-562-0970 PELLE, JOHN 772-413-1242 PERRIN, JOHN 8c MARLENE 772-589-5573 RAYMOND, PHYLISS & JACK 321-727-1076 RECINE, UGO 321-724-8985 RIDGWAY, LUCY 772-460-6967 RIZZO, ADRIENNE & CARMII~lE 772-398-6815 ROTH, CONNIE & WREATHS, FLORAL ARRANGEMENTS, CLOCKS, LAMPS,BIRD HOUSES GOLD & SILVER JEWELRY CANDLE MAKING PAINTING W/FABRIC, BIItDHOUSES, ARTWORK PAINTINGS EMBROIDERY WORK, ETC. WOOD & RESIN WORK DOOR STOPS, APRONS, MISC. SEWING APRONS, BIBS, TOWELS, & NAPKIN 8t PAPER TOWEL HOLDERS LINDERMAN DONNA 772-581-8162 CLAY, HANDMADE NECKLACES, & PLANTS SARY, ELIZABETH & BRADLEY 772-589-5761 SEWING, PAINTING, WOOD SCHUTT, PENNY & ROD 321-777-4936 SOAPS SMITH,JR., ERNEST 321-626-8046 WATERCOLORS & ACRYLIC WILDLIFE PAINTING SNYDER, GERALDINE & DONALD 772-461-7568 VACUUM COVERS,HAND PAINTED SHIRTS, HATS & OTHER FABRIC CRAFTS 73 SPAUL,DING, JOAN 772-766-2025 STOKES, ROGER & MATT 772-461-3079 THOMPSON, BUDDY S& JOAN 321-727-0068 WEST, BARBARA 772-567-8506 WISAN MICHAEL & ROBERTA 772-340-1075 WOLFE, DARLENE 772-340-2533 WORTINGER, MABEL & 772_569-3671 FLOYD FAINTING WOOD CRAFTS WOOD SEWING & WOODWORKING SCROLL SAW WORK DECORATIVE PAINTING (MAILBOXES GOURDS-WOOD ITEMS JACItETS-HANDBAGS-GARDEN DECO ~~ ,ME. i ~T5 _~..i~~ ~~~ _.~, F.H f~ {-7~I r"vt{ l Q J :~ ~-- fi 1 •~n a ~~ =J c~ p-~ .~°;~ ~ a Y -1 i~ 1 5~ ~~ ,~ ~"' ~ ~`~t ~ e ---~ r fe ~~ ~ '~ a~ E1~ ~_~i._. .~ ~J ',.~-. ~. .,~-- f ~~ ~-.. (~ 5 ~ O ~ ~"' ~_ .~ ~ ,. 75 ~~ ~a"TY r,x ~~ __ ~. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Sebastian River Art Agenda No. ~`~. ~ ~b Club's Art Show Dates for 2009 - 2010 at Riverview Park. Department Origin: C~Qwd~1(~-~-~w~-~^~- Finance Director: Appr ved Submittal by: City Manager City Attorney: City Clerk: Date Submitted: Apri115, 2009 A i ner For Agenda of: Apri122, 2009 Exhibits: Application and Letter from Club. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION None REQUIRED: None SUMMARY The Sebastian River Art Club is seeking Council approval for its Art Show Schedule for 2009 - 2010 at Riverview Park. The Sebastian River Art Club has had shows at Riverview Park for many years and has worked well with the City. The attached information brochure details the Club's activities in the community. In light of all the community activities the Club is involved with, staff is again recommending cutting all applicable fees by 50%. I changed the November show date from 11/14 to 11/21/09 to accommodate the Clambake. This year's show dates are November 21, 2009, December 12, 2009, January 16, 2010, February 27 & 28, 2010, March 20, 2010 and April 10, 2010. Shows are from 10 AM until 4 PM at Riverview Park. Rain dates for this year's shows are the immediate Sunday after each show. Rain date shows are from Noon until 4:30 PM. RECOMMENDED ACTION Move to approve cutting all applicable fees by 50% for Sebastian River Art Club's Shows at Riverview Park from 10 AM until 4 PM on 11 /21 /09, 12/ 12/09, O l / 16/ 10, 02/27 & 28/10, 03 /20/ 10 and 04/ 10/ 10. Move to approve rain dates for Sebastian River Art Club's Shows at Riverview Park from Noon until 4:30 PM on 11/22/09 12/13/09, 01/17/10, 03/21/10 and 04/11/10. ~7 78 em ag B-I(~lV6E e'3~ P~LICAI~d 65T1~N~ 1225 Main Street, Sebastian, Fl 32958 Telephone (772)589-5330 - Fax (772)589-5570 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION Park Event - 50 to 300 Attendees X50.00 ApplicationlPermit Fee Please check the appropriate Box: or Special Event - 301 or More Attendees X100.00 Application Fee Date: ~ ~ ~ ~ C Name of Permi ttee : ~~~h~S ~-t1N ~~E y ~~ +~` 1'"~ C~~~~~ Permits May Only be issued in the Name of an Adult or Legally Organized Organization Address.: '7~7 I~l ~~~~j l~}y'~ ~E'~d.Tf/~ ~ l`~~- ~ ~ l )~ M a i t i n g Address : ~ i! t/ ~`'~ ~~~j z`~ ~ ft~-i,°Q -~t~~' ~/~~ Telephone:_ ~~Z~ ~~%~~ ii ~ 1 Name of Organization or GGroup: ~~~~~,~ t'i~:L ~ iS~k" ~~~ ~:~~~. Reason -for Use: /~ ~~~ ~ 5~'~f 1'~i ~~~'iZtL Requested Date(s) h~~dl, Zj ~~! ~ , ~t'~-~ 1.~ ~L~~'r( , ~ ~~N~ ~~J ~oio r-t~ t~~$ ~~~~ av y Rain Date: /, ~~J. ~ ~f ~ ~ / i7 '~ ~~f Time of Use: From: I ~~' ~~ To: ~~is~ F`?~"~ Will there be any sale of goods? Yes `~`'~ No If yes, please describe type of goods on back. Food or other types of vendors? Yes No_~_ If yes, please list name, address and type of vendors and schematic of any structures t.loibe/erected or otherwise assembled on back. I . ~,c~t~r'~/'t ~ ~•r'//~'-~- the undersigned, acknowledge that I am the applicant or the authorized agent of the applicant. I further acknowledge that I am aware of the provisions of the City ofi Sebastian Codes in respect to this application and the use of the City facilities for which I have applied for a permit to allow a Park Event or a Special Event. I have made myself familiar with the general rules and refutations prescribed by the City and agree to the terms of the permit. `"` A pl cant/Agent Signature Office Use Only: Permit Fee Paid Date I~zitials q Park Application Continued - If Required List anv vendor information anti/nr Srhamatirc nn thic naves. NAME ADDRESS TYPE ,~~~-' _ ~ ~ ~ ~! ~~ V" i~i~ ftL- 5e`1Y'~l STS W r ~ ~"~ ~ ~ L~ r ~~.°~ ; Schematic: ~~ ~ ~ ~ ~`` 7~ 7` ~ ~ ~ ~ ~~ ~ '` ~ 7~ ~ x ~ urri~t U5t uIVLV: Special l.onaitlons oT rermit a5 Kequested bV LItV Manager 80 ~ ~ 0 ti ~ ti '~ c ~ ~ a ~ V ~ ~ ~ ~ .N c ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ .~ ~ •H `~ o y, .~ ~ ~ .~ -ti •~ .~ ~ N '~ ~ ~ ~ c C M ~ N o '~ '~~ 1. ti bq +4 C~ ~ ~ ~ o ?, ?~ ~.. ~ ``~ ~ O Ci C1i` '~ ~ Q . H Obi ~ O ~ '`., Q ~" ~ ~ V 1 C c~ +v ~~' ~~` ~ ~ ~ ~ Q Q~ ~~ a~~Q a.m~~u~ts - zea~i aad ~US$) d.Lt~I~OSSd ~laquiam ~ui~CEd iEnpin-puI ue aq ~snuz asnods lau~p - .~ea~C aad (S~) 'IdSf10dS aaunpual~~ ~igigxa l03 s~uauiannbaa a~taads - aautu~mo~ uo uol~~diat~~d - .~~a~i aad ~SZ$) 7~'I1~AIMII - digsiaqulaW 3o ad~CZ sssaappd p.zign~ous u~uoW u~~8 # auogda~aZ ssaappd IlEUx-g d!Z ~i~ laa.zlS auz~N asnods uot~Eat~ddd digsaaqu~ay~ - qn~~ ~d aani~ u~ps~gas auz~N ~~ ~"* ~ to N ~ CD 'a'G.t v', <_ GOQ ~ ~ ~ rt p ~ ~ p p ~ ~ ~ 0. n vOi N N ~ `I 00 I ~I ~ y ~ (D cn ~ ~ ~ ~~, A~ Z 7 ~ ~ c ~ A~ CD W CD ~ O ~' "'' ~.' CD ~ v ~ C11 iC ~ J ~ ~ ~ ~ <.¢'o ~ '~ ~°.o n~ ~wo~c ~ K cv"ti Nang ~ aT ~ n '~ (D p N ~ Cam`. ~ (TC x ~ ~ ' y `! ~ '~ ~ ? `~ ~ ~ ~ ~ 6' ~ ~ ~, ~ ~ ~ o o ~ ~ ~ ~ ~ ~, o ~ o uc ~ ~ ~ ~. R o ~ ~ ~ ~ °° ¢, ~ ~ ~` c 0. CD ~~ ~ o ~ ~ ~ ~ a. o ova o ~ - ~ ~, '. ~ w o co o ~ a. °~ -c a- ° ~ `.. ~ ~. ~,- ~ ~ o coo w ~ ~ v ~ io o ~ ~ `~ ~ ~ p A~ O CAD ~ N O O O P~ C) n O ~ x vOi ~ ~ p~ ~ "h ~ UU O r* ... g ~ m °' ~ ~ oo ~' ~ coo ~ ~ ~ ~ `D ~ `~ o ~ ~ °' ~ • ~ ~ • c ~' ~- n' ~ o ~ in c Q. r ~ y ~ O w ~ ~' o o' ~ C~ ,., v, 0. ~ .may o ,~ a' ~' C_~ ,`~-• "~'~. 'L~ ~ ~ ~ < .r- 0. 0. a ~e -~ ~ ~ .~ ~ ~~ N~~ ~ ~ ~~. ~ cn ~ ^-3 ~ n cn ~ O ~ ~ ~ p ~ ~ .-. ~ n '~ ~ J ~ N N ~, P' Q v~ O A~ ~ A~ v, O ~ ~ ~_ ~ •~ ~ ~ O N ."~ C<D ~ ~ ~ 0.'J A~ ~ ~ p„ (D ~' ~O n r.,~ '~ ~. cn 6. ~' ~ 5 w ~,° w o~n ~ ~ co ,~. Q ~ ~ ~ c ~ ~ ~ ~ b4 p' ~ <o a ~' ~ ~ ~ ~ ~ ~ ~ ~ 0. cr o ~ .. CD ~ °Q ~. ~ ~' ~ o •`; a. ~' r* °, ~' ~ o o ~ o °- -o w o CD b ~ ~ ~ o .+, in cn v ~ C ~ ~ O "z O < U C -s O cD O O ry~ ~ Q. ~ ~ ~ OG ,7y' c~ a/ ~_ a' 7? c~ Y C'1 n C O (~~ A ~3 a h.• ~~ ~. ;~~ arc of ~~ ~ ~ ~a I. ! ~4 ~. ; ~ ~ PELICAN ISLAND HOME OF Subject: Fill Vacant Regular Member Agenda No: Q 9, QQ ~ Position on the Parks & Recreation Advisory Committee Department Origin: City Clerk's Office ° bmittal b : A City Clerk: /~r~~ Attorney: Cit ~ y p v o u y hF Date Submitted: 4/16/09 For Agenda of: 4/22/09 i ana er Exhibits: Applications, Member List, Press Release SUMMARY STATEMENT There is one regular member position open on the Parks and Recreation Advisory Committee. We have received two applications in response to our press release one of which is from current alternate Jerome Adams. Code Section 2-170 allows Council to give special consideration to an existing regular or alternate member during its consideration for appointment or reappointment. Current appointment procedures Resolution R-02-46 also provides that if Council moves an alternate member into the regular member position, -the vacated alternate position may be filled at the same meeting with one of the other applicants. RECOMMENDED ACTION Interview unless waived, and appoint one of the two applicants to the regular member position which will expire 5/31/2011. If Council decides to move alternate Jerome Adams to the regular member position, Council has the discretion to appoint the other applicant to the vacated alternate position. l_ _ _ ~ ~83 84 a. u~,v a va a Jeanette Williams From: Jerome Adams [jeromeadams@bellsouth.net] Sent: Monday, April 13, 2009 2:21 PM To: Jeanette Williams Subject: [spam] Parks & Rec Regular Member position Importance: Low Hello Jeanette, yes, I am interested in being considered for the Regular Member position on the Parks and Recreation Advisory Board. Do I need to fill out another application? Thank you, Jerome Adams 4/1 ~I2009 ~~ ~•~~ :k~~~ HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (s~.i! t,;t~t F3~ar:~ ~i~d Cc~~rr~itt~e Members Must be (residents cif ~h~ City' ~,f Se~asti~l~w NAME: ~ j ~.,,,, ti' ,~"~ i"° ,~ ~~~,^ ,~ ~ :~ HOME ADDRESS: '`~~ ~J ~ ~~;~- "~ L l_.-~r~~~x~~ i~> , >f i-> :._. ~--_ r ;,Z -r, ~ ~ > ~- ~~ ' ~ a HOME PHONE: - '- ~~ ~ `i-/~? `~'-> HOME FAX: E-MAIL: BUSINESS: . , ~;~, , =; ~ -~* ~ is ~~ '~~~•~~ ( +.,~:~ i,1- ~~._ t._ C ,r-~ ~,~ .. BUSINESS ADDRESS: ~ ~, ;;' a . ,-, !" `_ ~' BUSINESS PHONE: 7'=-~-/-~-~~• "'•~~==BUSINESS FAX: E-MAIL:4,~,;,,;_,, ; ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? `;+ i~_` HOW LONG? " ~ -- > ~; DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? A~~~~' DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? f~~_' WHICH BOARDS/COMMITTEES? iJ;1~- PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years -meets next In 20111 CITiZEIVS 6UDGE7 REVIEW ADVISORY BOARD (temporary -meets during summer) CONSTRUCTION BOARD (permanent board -meets once a month)' HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board-meets quarterly) PLANNING AND ZONING COMMISSION (permanent board -meets twice a month)" POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* /=i PARKS & RECREATION ADVISORY COMMITTEE (permanent board -meets once a month) NATURAL RESOURCES BOARD (permanent board-meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) - *Filing of financial disclosure is required following appointment ~._~ _~ x~ APPLICABLE EDUCATION AND/~/OR EXPERIENCE/~: (a brief resume is required) r1. ~ ~ ~ _ tcv.1/ ~".r~~r r~~~~w /~~-~, ~, ~y-s /~_~,~,1 ~ i'.~ .fit. .i r;:,~ ~~~-~~~-, -. ~ . r , r= ; j -./, ~ w /%~-~ ,; Y ~.~7 ,~ S . ; i1 l rr~~~~~t' ~ S / -=/ r~5 , /'%C~ ,~ ~' ; ~'~r~ r :.~, ~ ~ ~.~. HOW W~~OULDYYOU2R EXPERIENCE BENEFI/T THE/ BOARD YO/~U'RE APPLYI /N/G FOR? 1 f?c 11('LC''. [ ~iI C, yi'/} .,~_d.,~7~_1;~'7 C.'-' G;{r~~:r'f ~.t ~ `y7Y"li ~; _" % 1//.<:K'r~ / ~:; j c~.~ /' r LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: tel.- ~,~~~ ~~~ ~\J,. ~. 3 ~ ~ ~ft<~J-t I~ <~_~~\I,'~. ~ti {~'1_ ~ ~~"~~:': C P .~ ` I,\ .' '{.-~ ~,~(4~". .a l~ ~ C ~!'Z r/7~{ i ~ ,.t, ~.it :i..it<~. ~ 1'~ l1 ~ e S r~ s? I e._~l `"~t'C_ L ! ~'_~.vi ~t~~Yi L vi_~'1.~~ ~, ~ ;, ~Y/ -l~ HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? Iv HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~~ ~ ~, WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ' ~-= ~=; -- I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is available if requested. Applicaht Signature s -S-ub~scribed and sworn to before me this ~ day of ~e~~-v+~^~~ ~, ~~~ ~ by ~G{L`~- ~~ ~"~~'-=- who is personally known to mP Pr has produced as identification. Notary Public, State of Flom a Please return to Office of the City Clerk, \w p-fo r m ~a p p l i ca t. wp d rev. 7/2007 "" ' Linda D. Camplin ~r4 ~ Commission # DD527901 1225 Main Street, Sebastiaia~'~~I?~~~~~~~~3p x010 '~~~l~l ~@fl6i91~y(:dlfl IRWtiFl66,Ifl6, ~•~6701Y $7 ss arv ~~ HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARDICOMMITTEE NAME: ~ Or ~'!'~ ~Sf~~ HOME ADDRESS: ~~~ ~ ~~~~ .~'~ ~~ , _ ~ HOME PHONE: HOME FAX: E-MAIL: BUSINESS: ~ ,ti' ~~~~ .~~~,~ BUSINESS ADDRESS: ~" ~~ ~~ j''~- ~{~ l~~f.?.~~j n ~~ BUSINESS PHONE: j`~-~j=~ )~ BUSINESS FAX:J7~C.~~~j~~',~E-MAIL: ~~la~~ ~~~~~ ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? ~- ~ _ ~. DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~(~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? ~~f~~ WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years -meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) CONSTRUCTION BOARD (permanent board -meets once a month)' HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board -meets quarterly) PLANNING AND ZONING COMMISSION (permanent board -meets twice a month)" POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)' o PARKS & RECREATION ADVISORY COMMITTEE (permanent board -meets once a month) ~,~°, NATURAL RESOURCES BOARD (permanent board -meets once a month) ~ OTHER TEMPORARY COMMITTEE (if applicable) -~ (WRITE IN COMMITTEE NAME) ~ Filing of financial disclosure is required following appointment GD H O c.a ~~i~~: ~`, z3 -t -~- n ~~_ t~ ~, O -r. ~l CrJ ~ ~ '. --i -t n >- rn T _ 89' APPLICABLE EDUCATION AND/OR EXPE IENCE: (a brief resume is required) n ~ ~ ~-~~~~ HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE AIP(tPL/Y/"SING . 0~2.~ LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: ~~~r. ~~ ~ ~ ~ ~ ~. HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OjR ANY STATE? f V~ HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~~~ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 t ~g 2-173 (attached). Information relative to a specific board or cogarrtittes~s available if r,~pues2e~~ ~ ~J Subscribed and sworn to before me this~~ day of ~} ^ °~ b Y Jay Van Arsdall who is personally known to me,? or has produced as identification. Notary Public, Sta a of Florida Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-form\appl icat.wpd rev. 7/2007 ........».» ..............»....»... DONNA J. 3TEVENS ~'"'~r""" Comm# DD0776312 ExpM+ss 7/Z5/2012 Fbrlde Notarq Assn., Inc. . . . . .. .. . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . .: qe JAY VAN ARSDALL 907 George Street Sebastian, Florida 32958 Home: (772) 581-1668 Work: (772) 978-5473 Email: J~~IanArsdallC~coy~ncast.ret OBJECTIVE Administrative or Managerial Position in a progressive organization with opportunity for growth. PROFESSIONAL EXPERIENCE CITY OF VERO BEACH -Vero Beach, Florida 04/03 to Pres. Florida Municipality Senior Buyer Responsible for purchasing and inventory control for all MRO items for the city and procurement for Recreation, Water & Sewer, and Public Works Departments. CONCEPTS IN PHARMACEUTICAL RESEARCH, INC. -Vero Beach, Florida 01/02 to 01/03 Contract Research Organization, provides study management services to pharmaceutical manufacturers. Contract Administrator Responsible for negotiation and maintenance of all contracts and payments to study sites. Reason for Leaving: Company closed 01/03. THE NEW PIPER AIRCRAFT -Vero Beach, Florida 11/00 to 09/01 Major manufacturer of light single and twin piston engine powered aircraft. Purchasing Agent Responsible for the procurement of raw materials and hardware for production aircraft. Reason for Leaving: Company downsizing 09/11/01. TECHNIFAB PRODUCTS, INC. -Brazil, Indiana 09/97 to 06/00 Manufacturer of cryogenic equipment and vacuum jacketed pipe. Manager Purchasing/Quality Responsible for all purchasing and quality functions and department personnel. Reason for Leaving: Father died, moved to Florida to be closer to mother (only child). • Reduced annual inventory and increased inventory turns while increasing annual procurement from $100K to $500K. Initiated Quality Systems and Quality Control Manual in order to obtain ASME certification. 91 JAY VAN ARSDALL -Page 2 RANCOR, INC. -Brazil, Indiana 03/94 to 09197 Leading manufacturer of plastic drainage pipe and products for commercial, agricultural and retail markets. Assistant Plant Manager Total responsibility for branch production operations including: employment decisions, training, manufacturing costs, quality, production schedule, safety and environmental compliance. Reason for Leaving: Position at Technifab. • In 1995, met or exceeded all branch goals for pounds produced per hour (1,000), efficiencies (100%), scrap (4.5%), downtime (12%), manufacturing costs ($0.035 per pound) and overtime (10%). In 1994, helped lead plant to a record year in production (16.5 million pounds produced) and deliveries (3,883), while ranking in the top 3 of 16 plants in the company in every major measurement category. EDUCATION The Ohio State University -Columbus, Ohio B.A. Degree -Business Management/Psychology OFFICES HELD School Board Trustee for Clay Community Schools (1996 - 2000) tia iJG V[l.J 110411 V V1Ul1LGG1 VVQl UJ 0.1 ~+ Jt+~111t1~ U~.J~J11~U11V11J L \.+l uiua.vviu ~ .xfj~+ _ ~+~ TPAL~ FL~~FJD.as ?r.FASI IR.E t~i1~5T r.NC? PnL'0', 6E~i=H ES READ Ir1+~FE r1T Vv i~v°rs'.T+=F.4LR~.ti.w,t§ Sebastian volunteer boards are seeking applications By SiaTf i~epo~± uesday, aprl ~, 2GC~ SEBASTIAN -The City of Sebastian has the following volunteer board openings: •Construction Board: Alternate member, citizen, term to expire Sept. 30, 2010 and alternate member, contractor, term to expire Sept. 30, 2010. •Natural Resources Board: Two regular board members positions, terms to expire July 1, 2010 and alternate member, term to expire July 1, 2010. •Parks and Recreation Advisory Board: Regular member, term to expire May 31, 2011. All members must be city residents. !f the City Council fiNs a regular member position with an alternate member, Council reserves the right to fill the alternate position with remaining applicants. Meeting times and applications are available in the City Clerk's Office, Ci#y Hall, 1225 Main St., Sebastian, between the hours of 8 a.m. and 4:30 p.m. or at ci#yofsebastian.org Applications will be accepted until positions are filled. ©2009 Scripps Treasure Goast Newspapers http://www.tcpalm.com/news/2009/apr/07/no-headline---200904071248-08vboardsbrf/? 4/9/2009 ~~ PARKS ~ RECREATION ADVISORY COMMITTEE Ordinance No. 0-07-07 3-YEAR TERMS MEMBER NAME AND TERMS ADDRESS Vacant Term to expire 5/31!2011 Matthew Sims Term to expire 5/31/2012 1741 Barber Street Sebastian, FL 32958 538-4369 George Seaman Term to expire 5/31 /2011 736 Wimbrow Drive Appointed 8/27/08 Sebastian, FL 32958 388-2249 JoAnn White Term to expire 5/31/2009 449 Easy Street Appointed 6/27/07 Sebastian, FL 32958 589-9300 Don Wright Term to expire 5/31/2010 720 N. Fischer Circle Appointed 3/8/06 Sebastian, FL 32958 581-2978 Jerome Adams -Alternate Member Term to expire 5/31/2011 901 Roseland Road Sebastian, FL 32958 589-1595 Jarad Pelletier -Alternate Member Term to expire 5/31/2012 550 Croton Avenue Sebastian, FL 32958 388-2803 BOARD SECRETARY, LINDA KINCHEN e~ crrvoF ~~~ 5 ~~ ~~., HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Second Reading and Public Hearing of Ordinance 0-08-10 Comprehensive Plan and Land l}se Map Amendment r Submittal by: City Ma Agenda No. ~~,(~ / S Department Origin: GMD~ City Attorney: City Clerk: Date Submitted: 04-16-09 For Agenda of: 04-22-09 Exhibits: Ordinance No. 0-08-10, including Exhibits A & B; ORC Report; Indian River County Education Facilities Survey dated June 2008; Indian River County School District 5-Year District Facilities Work Program 2008 - 2009; Interlocal Agreement for Coordinated Planning and School Concurrency dated March 1, 2008 EXPENDITURE I AMOUNT BUDGETED: I APPROPRIATION REQUIRED: REQUIRED: SUMMARY Revisions to the Sebastian Comprehensive Plan have been prepared amending the Goals, Objectives & Policies and Data Inventory & Analysis for the following elements: Public School Facilities, Capital Improvements and Intergovernmental Coordination, to fulfill statutory requirements. The City has also modified the Housing, Transportation and Future Land Use Elements. On October 16, 2008, the Local Planning Agency (Planning and Zoning Commission) held a public hearing to review and make a recommendation to City Council regarding the revisions. They unanimously recommended approval of the proposed revisions to the Comprehensive Plan. On December 10, 2008, City Council approved Ordinance 0-08-10 on first reading and authorized transmittal to the Department of Community Affairs for review. On March 6, 2009, the Department of Community Affairs issued their Objections, Recommendations and Comments (ORC Report). Staff has addressed the objections by DCA by amending the text, tables and maps as shown. Separately, City Council has adopted the Capital Improvements ~~. Element as 0-09-01 on January 28, 2009, which has been found in compliance by DCA. RECOMMENDATION Hold public hearing. Approve Ordinance No. 0-08-10, as amended, and authorize transmittal of the adopted amendment to the Department of Community Affairs for compliance determination. 9~ ORDINANCE NO.O-08-10 AN ORDINANCE OF THE CITY OF SEBASTL~N, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE COMPREHENSIVE PLAN -GOALS, OBJECTIVES & POLICIES AND DATA INVENTORY & ANALYSIS, FOR THE FOLLOWING ELEMENTS: FUTURE LAND USE, HOUSING, TRANSPORTATION, PUBLIC SCHOOL FACILITIES, CAPITAL IlVIPROVEMENTS AND INTERGOVERNMENTAL COORDINATION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the City of Sebastian's Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian, acting as the Local Planning Agency, held a public hearing at its October 16, 2008 meeting to consider the Comprehensive Plan amendment and recommended that City Council adopt the same; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council adopted Ordinance 0-09-01 on January 28, 2009, amending the Capital Improvements Element; and after review by the Department of Community Affairs was found to be in compliance with Chapter 163, Part II, Florida Statutes on March 22, 2009; and WHEREAS, the Department of Community Affairs has reviewed the proposed amendment and issued their Objections, Recommendations and Comments (ORC) report dated March 6, 2009; and WHEREAS, modifications have been made to the proposed amendment in response to the ORC report; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so; and 9~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDL~N RIVER COUNTY, FLORIDA, as follows: Section 1. COMPREHENSIVE PLAN AMENDMENT. The amendment to the City of Sebastian Comprehensive Plan is hereby adopted amending the Goals, Objectives & Policies and Data Inventory & Analysis for the following elements: Future Land Use, Housing, Transportation, Public School Facilities, Capital Improvements, and Intergovernmental Coordination, as set forth in the attached Exhibit "A". The City also adopts the School District of Indian River County Education Facilities Survey dated June 2008, the Indian River County School District 5-Year District Facilities Work Program 2008-2009 through 2012-2013 adopted September 23, 2008, and the Indian River County Interlocal Agreement for Coordinated Planning and School Concurrency dated March 1, 2008, by reference. Section 2. DESIGNATION. The Comprehensive Plan Land Use Map for the City of Sebastian shall be amended, as set forth in the attached Exhibit "B" in accordance with the requirements of Florida law. Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. 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 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. 98 Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Community Affairs or other final action finding the amendment herein in compliance. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this day of 2008, 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 ATTEST: Sally A. Maio, CMC City Clerk ~ nnum7n~r 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 v~ The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2009. CITY OF SEBASTIAN, FLORIDA By: Richard Gillmor, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney This ordinance is effective the day of , 2009, concurrent with the issuance of the Notice of Intent finding the amendment in compliance by the Florida Department of Community Affairs. ~c~o ~~ _ J _ i,v / ~~~~ H+~ME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Public Hearing and Final Agenda No: ~g-Q~O ~ Adoption of Ordinance No. 0-09-03 - Department Origin: City Clerk Florida Power & Light Franchise Agreement Date Submitted: 4/16/09 Appr ve or Submittal by: For Agenda of: 4/ 2 2/ 09 ~ ~ L G~~.~' City Attorney: A i n ,City Manager Ex ibits: 0-09-03, Legal Ad Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT City Council, at its March 25, 2009 Regular Meeting, passed Ordinance No. 0-09-03 Florida Power and Light Franchise on first reading and scheduled a public hearing for April 22, 2009. The City Clerk's office advertised a legal notice in the Press Journal on April 8, 2009 in accordance with Florida Statutes. If Ordinance No. 0-09-03 is adopted it will become effective upon the date the Grantee files its acceptance which must be done within 30 days of adoption. RECOMMENDED ACTION Conduct the public hearing on Ordinance No. 0-09-03 Make a motion on Ordinance No. 0-09-03 as Council deems appropriate. rol tm a ~~ .'~ ~~~2_ H©ME QF PELIGN ISIAND AGENDA TRANSMITTAL Subject: "New" FPL Franchise Agenda No. ~~q, (~(~ Agreement Department Origin~~~l~~~~ City Attorney ;;..// Submittal by: Finance Director:• City Clerk: _ City Manager Date Submitted: 03/18/2009 For Agenda of: 03/25/2009 I Exhibits: 1. ORDINANCE NO.O-09-03; 2. FPL Fee Payment Calculation I REQUIRED RE - I AMOUNTOBUDGETED: I R~EQ ORED TIOON SUMMARY The existing 30-year Florida Power & Light Company (FPL) franchise is scheduled to expire in May 2012. FPL requests that the City terminate the existing agreement 3 years early and enter into a new 30-year franchise. The new FPL franchise agreement, presented in the form of an Ordinance (Exhibit 1), is distinguished from the existing franchise in the following respects: 1. FRANCHISE FEES. The formula for calculating the franchise fee has been modified to provide the City marginally increased fees. The new fee structure should provide the City an additional $35,000 annually: from $1,161,951 to $1,196,232 (Exhibit 2). In addition, FPL currently withholds 10% from each monthly payment and provides reconciliation at the end of the year. FPL will pay 100% each month under the new franchise agreement. 2. "MOST FAVORED NATION." This is a new clause that provides the City with a re-opener if FPL offers a better rate to any municipality of equal or smaller population in Indian River County or in Brevard County at any time during the franchise period. 3. "GREEN INITIATIVES." This is a new clause that anticipates greater reliance upon new ways to generate and use electricity. The new franchise agreement defines "green initiatives" as "both conservation and the generation and use of electricity in whole or in part by wind, solar, tidal, geothermal, ocean currents, biomass or other natural processes," and expressly provides that the City's generation and use of such electricity does not violate the agreement. RECOMMENDED ACTION Move to approve First Reading of ORDINANCE NO. 0-09-03 and schedule a public hearing for Apri122, 2009. /o~- ORDINANCE NO. 09-03 AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF SEBASTIAN, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida recognizes that the City of Sebastian and its citizens need and desire the continued benefits of electric service; and WHEREAS, the provision of such service requires substantial investments of capital and other resources in order to construct, maintain and operate facilities essential to the provision of such service in addition to costly administrative functions, and the City of Sebastian does not desire to undertake to provide such services; and WHEREAS, Florida Power & Light Company (FPL) is a public utility which has the demonstrated ability to supply such services; and WHEREAS, there is currently in effect a franchise agreement between the City of Sebastian and FPL, the terms of which are set forth in City of Sebastian Ordinance No. 0- 82-3, passed and adopted May 10, 1982, and FPL's written acceptance thereof dated May 27, 1982 granting to FPL, its successors and assigns, a thirty (30) year electric franchise ("Current Franchise Agreement"); and WHEREAS, FPL and the City of Sebastian desire to enter into a new agreement (New Franchise Agreement) providing for the payment of fees to the City of Sebastian in exchange for the nonexclusive right and privilege of supplying electricity and other 1 (03 services within the City of Sebastian free of competition from the City of Sebastian, pursuant to certain terms and conditions, and WHEREAS, the City Council of the City of Sebastian deems it to be in the best interest of the City of Sebastian and its citizens to enter into the New Franchise Agreement prior to expiration of the Current Franchise Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section 1. There is hereby granted to Florida Power & Light Company, its successors and assigns (hereinafter called the "Grantee"), for the period of 30 years from the effective date hereof, the nonexclusive right, privilege and franchise (hereinafter called "franchise") to construct, operate and maintain in, under, upon, along, over and across the present and future roads, streets, alleys, bridges, easements, rights-of-way and other public places (hereinafter called "public rights-of-way") throughout all of the incorporated areas, as such incorporated areas may be constituted from time to time, of the City of Sebastian, Florida, and its successors (hereinafter called the "Grantor"), in accordance with the Grantee's customary practice with respect to construction and maintenance, electric light and power facilities, including, without limitation, conduits, poles, wires, transmission and distribution lines, and all other facilities installed in conjunction with or ancillary to all of the Grantee's operations (hereinafter called "facilities"), for the purpose of supplying electricity and other services to the Grantor and its successors, the inhabitants thereof, and persons beyond the limits thereof. Section 2. The facilities of the Grantee shall be installed, located or relocated so as to not unreasonably interfere with traffic over the public rights-of-way or with reasonable egress from and ingress to abutting property. To avoid conflicts with traffic, the location or ~ p~ z relocation of all facilities shall be made as representatives of the Grantor may prescribe in accordance with the Grantor's reasonable rules and regulations with reference to the placing and maintaining in, under, upon, along, over and across said public rights-of-way; provided, however, that such rules or regulations (a) shall not prohibit the exercise of the Grantee's right to use said public rights-of-way for reasons other than unreasonable interference with motor vehicular traffic, (b) shall not unreasonably interfere with the Grantee's ability to furnish reasonably sufficient, adequate and efficient electric service to all of its customers, and (c) shall not require the relocation of any of the Grantee's facilities installed before or after the effective date hereof in public rights-of-way unless or until widening or otherwise changing the configuration of the paved portion of any public right- of-way used by motor vehicles causes such installed facilities to unreasonably interfere with motor vehicular traffic. Such rules and regulations shall recognize that above-grade facilities of the Grantee installed after the effective date hereof should be installed near the outer boundaries of the public rights-of-way to the extent possible. When any portion of a public right-of-way is excavated by the Grantee in the location or relocation of any of its facilities, the portion of the public right-of-way so excavated shall within a reasonable time be replaced by the Grantee at its expense and in as good condition as it was at the time of such excavation. The Grantor shall not be liable to the Grantee for any cost or expense in connection with any relocation of the Grantee's facilities required under subsection (c) of this Section, except, however, the Grantee shall be entitled to reimbursement of its costs from others and as may be provided by law. Section 3. The Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed an 3 l05 agreement on the part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to the Grantor by reason of the negligence, default or misconduct of the Grantee in the construction, operation or maintenance of its facilities hereunder. Section 4. All rates and rules and regulations established by the Grantee from time to time shall be subject to such regulation as may be provided by law. Section 5. As a consideration for this franchise, the Grantee shall pay to the Grantor, commencing 90 days after the effective date hereof, and each month thereafter for the remainder of the term of this franchise, an amount which added to the amount of all licenses, excises, fees, charges and other impositions of any kind whatsoever (except ad valorem property taxes and non-ad valorem tax assessments on property) levied or imposed by the Grantor against the Grantee's property, business or operations and those of its subsidiaries during the Grantee's monthly billing period ending 60 days prior to each such payment will equal 5.9 percent of the Grantee's billed revenues, less actual write-offs, from the sale of electrical energy to residential, commercial and industrial customers (as such customers are defined by FPL's tariff) within the incorporated areas of the Grantor for the monthly billing period ending 60 days prior to each such payment, and in no event shall payment for the rights and privileges granted herein exceed 5.9 percent of such revenues for any monthly billing period of the Grantee. The Grantor understands and agrees that such revenues as described in the preceding paragraph are limited, as in the existing franchise Ordinance No. 0-82-3, to the precise revenues described therein, and that such revenues do not include, by way of example and not limitation: (a) revenues from the sale of electrical energy for Public Street and Highway Lighting (service for lighting public ways and areas); (b) revenues from /D~ 4 Other Sales to Public Authorities (service with eligibility restricted to governmental entities); (c) revenues from Sales to Railroads and Railways (service supplied for propulsion of electric transit vehicles); (d) revenues from Sales for Resale (service to other utilities for resale purposes); (e) franchise fees; (f) Late Payment Charges; (g) Field Collection Charges; (h) other service charges. Section 6. If during the term of this franchise the Grantee enters into a franchise agreement with any other municipality located in Indian River County, Florida, or Brevard County, Florida, where the number of Grantee's active electrical customers is equal to or less than the number of Grantee's active electrical customers within the incorporated area of the Grantor, the terms of which provide for the payment of franchise fees by the Grantee at a rate greater than 5.9% of the Grantee's residential, commercial and industrial revenues (as such customers are defined by FPL's tariff), under the same terms and conditions as specified in Section 5 hereof, the Grantee, upon written request of the Grantor, shall negotiate and enter into a new franchise agreement with the Grantor in which the percentage to be used in calculating monthly payments under Section 5 hereof shall be no greater than that percentage which the Grantee has agreed to use as a basis for the calculation of payments to the other Indian River County municipality or Brevard County municipality, provided, however, that such new franchise agreement shall include additional benefits to the Grantee, in addition to all benefits provided herein, at least equal to those provided by its franchise agreement with the other Indian River County municipality or Brevard County municipality. Subject to all limitations, terms and conditions specified in the preceding sentence, the Grantor shall have the sole discretion to determine the percentage to be used in calculating monthly payments, and the Grantee 5 X07 shall have the sole discretion to determine those benefits to which it would be entitled, under such new franchise agreement. Section 7. As a further consideration, during the term of this franchise or any extension thereof, the Grantor agrees: (a) not to engage in the distribution and/or sale, in competition with the Grantee, of electric capacity and/or electric energy to any ultimate consumer of electric utility service (herein called a "retail customer") or to any electrical distribution system established solely to serve any retail customer formerly served by the Grantee, (b) not to participate in any proceeding or contractual arrangement, the purpose or terms of which would be to obligate the Grantee to transmit and/or distribute, electric capacity and/or electric energy from any third party(ies) to any other retail customer's facility(ies), and (c) not to seek to have the Grantee transmit and/or distribute electric capacity and/or electric energy generated by or on behalf of the Grantor at one location to the Grantor's facility(ies) at any other location(s). Nothing specified herein shall prohibit the Grantor from engaging with other utilities or persons in wholesale transactions which are subject to the provisions of the Federal Power Act. Additionally, nothing herein shall prohibit Grantor from adopting or complying with "green initiatives" (defined as environmental or alternative energy initiatives including both conservation and the generation or use of electricity provided in whole or in part by wind, solar, tidal, geothermal, ocean currents, biomass or other natural processes) which enable or require Grantor to generate electrical energy for consumption at facilities owned or operated by Grantor, provided that such initiatives and the implementation of same do not violate any of the terms or conditions of this New Franchise Agreement, specifically including but not limited to Sections 7(a), 7(b) and 7(c) of this Agreement as more fully stated above. ~n8 6 Nothing herein shall prohibit the Grantor, if permitted by law, (i) from purchasing electric capacity and/or electric energy from any other person, or (ii) from seeking to have the Grantee transmit and/or distribute to any facility(ies) of the Grantor electric capacity and/or electric energy purchased by the Grantor from any other person; provided, however, that before the Grantor elects to purchase electric capacity and/or electric energy from any other person, the Grantor shall notify the Grantee. Such notice shall include a summary of the specific rates, terms and conditions which have been offered by the other person and identify the Grantor's facilities to be served under the offer. The Grantee shall thereafter have 90 days to evaluate the offer and, if the Grantee offers rates, terms and conditions which are equal to or better than those offered by the other person, the Grantor shall be obligated to continue to purchase from the Grantee electric capacity and/or electric energy to serve the previously-identified facilities of the Grantor for a term no shorter than that offered by the other person. If the Grantee does not agree to rates, terms and conditions which equal or better the other person's offer, all of the terms and conditions of this franchise shall remain in effect. Section 8. If the Grantor grants a right, privilege or franchise to any other person or otherwise enables any other such person to construct, operate or maintain electric light and power facilities within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve or compete on terms and conditions which the Grantee determines are more favorable than the terms and conditions contained herein, the Grantee may at any time thereafter terminate this franchise if such terms and conditions are not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 60 days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the ~~9 Grantor of such terms and conditions that it considers more favorable. The Grantor shall then have 60 days in which to correct or otherwise remedy the terms and conditions complained of by the Grantee. If the Grantee determines that such terms or conditions are not remedied by the Grantor within said time period, the Grantee may terminate this franchise agreement by delivering written notice to the Grantor's Clerk and termination shall be effective on the date of delivery of such notice. Section 9. If as a direct or indirect consequence of any legislative, regulatory or other action by the United States of America or the State of Florida (or any department, agency, authority, instrumentality or political subdivision of either of them) any person is permitted to provide electric service within the incorporated areas of the Grantor to a customer then being served by the Grantee, or to any new applicant for electric service within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee determines that its obligations hereunder, or otherwise resulting from this franchise in respect to rates and service, place it at a competitive disadvantage with respect to such other person, the Grantee may, at any time after the taking of such action, terminate this franchise if such competitive disadvantage is not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 90 days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of the consequences of such action which resulted in the competitive disadvantage. The Grantor shall then have 90 days in which to correct or otherwise remedy the competitive disadvantage. If such competitive disadvantage is not remedied by the Grantor within said time period, the Grantee may terminate this franchise agreement by delivering written notice to the Grantor's Clerk and termination shall take effect on the date of delivery of such notice. %~~ $ Section 10. Failure on the part of the Grantee to comply in any substantial respect with any of the provisions of this franchise shall be grounds for forfeiture, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by the Grantee until there is final determination (after the expiration or exhaustion of all rights of appeal) by a court of competent jurisdiction that the Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have six months after such final determination to make good the default before a forfeiture shall result with the right of the Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities in the case require. Section 11. Failure on the part of the Grantor to comply in substantial respect with any of the provisions of this ordinance, including but not limited to: (a) denying the Grantee use of public rights-of-way for reasons other than unreasonable interference with motor vehicular traffic; (b) imposing conditions for use of public rights-of-way contrary to Florida law or the terms and conditions of this franchise; (c) unreasonable delay in issuing the Grantee a use permit, if any, to construct its facilities in public rights-of-way, shall constitute breach of this franchise and entitle the Grantee to withhold all or part of the payments provided for in Section 5 hereof until such time as a use permit is issued or a court of competent jurisdiction has reached a final determination in the matter. The Grantor recognizes and agrees that nothing in this franchise agreement constitutes or shall be deemed to constitute a waiver of the Grantee's delegated sovereign right of condemnation and that the Grantee, in its sole discretion, may exercise such right. Section 12. The Grantor may, upon reasonable notice and within 90 days after each anniversary date of this franchise, at the Grantor's expense, examine the records of the Grantee relating to the calculation of the franchise payment for the year preceding 9 1~( such anniversary date. Such examination shall be during normal business hours at the Grantee's office where such records are maintained. Records not prepared by the Grantee in the ordinary course of business may be provided at the Grantor's expense and as the Grantor and the Grantee may agree in writing. Information identifying the Grantee's customers by name or their electric consumption shall not be taken from the Grantee's premises. Such audit shall be impartial and all audit findings, whether they decrease or increase payment to the Grantor, shall be reported to the Grantee. The Grantor's right to examine the records of the Grantee in accordance with this Section shall not be conducted by any third party employed by the Grantor whose fee, in whole or part, for conducting such audit is contingent on findings of the audit. Grantor waives, settles and bars all claims relating in any way to the amounts paid by the Grantee under the Current Franchise Agreement embodied in Ordinance No. 0-82-3. Section 13. The provisions of this ordinance are interdependent upon one another, and if any of the provisions of this ordinance are found or adjudged to be invalid, illegal, void or of no effect, the entire ordinance shall be null and void and of no force or effect. Section 14. As used herein "person" means an individual, a partnership, a corporation, a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a governmental authority or any other entity of whatever nature. Section 15. Ordinance No. 0-82-3, passed and adopted May 10, 1982 and all other ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith, are hereby repealed. /lam 10 Section 16. As a condition precedent to the taking .effect of this ordinance, the Grantee shall file its acceptance hereof with the Grantor's Clerk within 30 days of adoption of this ordinance. The effective date of this ordinance shall be the date upon which the Grantee files such acceptance. 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 11 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 /~' z .. LE '~ ~. ~ r { i ~,ty,~rx~ - ! ,QAtL. `~~ ~' I ~TfE',~IFS•ALE- ~ ' ~ ,i , ~~ t ~ '~ GE~S!`l ~ - 9.~ ~t~~ae ~ i~f~, ~ ~ i ~ F. ~TI~ CiE T;. HDiI E }~ .. ~t1~~ AL CIRCUIT OWNERS ASSOCIA-i 3182 within 2 work Securty Self dean Rile t erest and ens April 17, FOR INDIAN TION, INC.; are the i ng days of your re- Storage Flonda, will I Ica n- i h shall have an oppor- in to be h ard tunn April 17th, - 3tf s ie port and draft ordt R COUNTY, Defendants, I will sell ceipt of this notice. Pub: April 8, 15, 20s~ 1996'L20 ng _= ear public the ac!opti~n cernin , y the County Cornmis- Hance may he founc LORIDA t o the highest andl If you are hearing - g s of b Ch i on the county's web LACTION best-bidder for cash impaired or voice of the above ref.: r- er am on S SSE N0. at JURY ASSEMBLY impaired, call 1-800- LEGAL NOTICE enced ordinance ~n April Wednesday the County Adminis- tration Building lo- site at www.ircgov.c omlBoards/PZCllndei 0805-CA-09 ROOM, INDIAN RIV- ER COUNTY COURT- P 955-8771 ub: April 1, 8, 2009 OSLO ROAD STOR , , 22nd, 2009 at ap- Gated at 1801 27th .htm. Anyone wht K 2006 16TH HOUSE 1993172 AGE , 1 7 5 5 0 s I n proximately 5:30 p m. Street, Vero Reach, may wish to appea CH E BAN , I Vero Beach Road il Ci C on Thursday Florida whicl any decision - COMPANY AVENUE, V E R O , , ounc ty in the , , , 31CAS AS FLORIDA BEACH NOTICE OF SALE Florida 32962, will Chambers, City Hall, April 23, 2009 at 7:00 may be made at this :E , 32960 a3 11:00 AM, hold a private sale 1225 Main Street, 3e- p.m. to consider rec- meeting, will need u , 9 2009 on APRIL 23 9 CHRY 3C3EL on Saturday, April bastian,Florida.At:he ommending adop- ensure that a verbs , , the following de- 55HSXT538388 18, 2009, at 10:00 conclusion of tits lion of an ordinance; tim record of thi et JIN Y00 scribed property as # 21863 a.m.,toselltheprop- hearing, the City entitled: proceedings i. , set forth in said Final SALE ON APRIL 22, erty owned by the Council may enact his AN ORDINANCE OF made, which in it(s) Judgment: 2009'x10:00 AM ' following tenants un- Ordinance into law. INDIAN RIVER eludes testimom . CASTAWAY LOT 47 s Automotive Collison less the amount is Interested parties nay COUNTY, FLORIDA and evidence upoi )TICE OF , COVE; WAVE TWO, 1756 Commerce Ave. paid in full before ins ect the proposed p CONCE;R.NING AN which the appeal i OSURESALE ACCORDING TO THE Vero Beach, FL 32960 _ the date of the sale. Ordinance in the Of- AMENDMENT TO based. . AS PLAT THEREOF Pub:Apri16,2009 Oslo Road Storage ficeofthe-City Clerk at ITS LAND DEVELOP- Please direct plan IS HEREBY , RECORDED IN PLAT 1996203 reserves the right not City Hall. and may ap- MENT REGULA- Wing related ques pursuant to a BOOK 10, PAGE 44, NOTICE OF SALE to sell contents. pear at the hearing TIONS (LDRS); PRO- lions to the Curren i Judgment of PUBLIC RECORDS Unit#/fVame/Contents ` and be heard with re- V I D LN G F 0 R o development sect age Foreclo- OF INDIAN RIVER 00 CHEV 1GiND52 121 ' ` specttotheproposed AMENDMENTS TO at 226-1237. I ated March 23, COUNTY, FLORIDA. J2Y6260348 L 22 Robert Jaskelainen Personal Ordinance. Any person who may CHAPTER 902, AD- M I N I S T R A T I V E ANY 0 N E W H NEEDS A SPECIA nd entered in 0805 A/K/A 1130 BOUNTY VERO BOULEVARD , SALE ON APRI 2009 @10:00 AM 445 Seva Hiras wish to appeal any MECHANISMS;'BY ACCOMMODATIOI - Jo. 2007- of the Circuit , FL 32963 BEACH #1801 Personal decision which may be AMENDING THE FOR THIS MEETIN! of the NINE- , Any person claiming Seeley&Rye 446SevaHiras made by the City ROLE OF BOARD OF .MUST CONTAC ' H Judicial Cir- an interest in the sur- Tropic Towing, Inc Person I ra Damis 628 J Council at this hearin g ADJUSTMENT SEC- AND 08 TION 902 THE C 0 U N T Y AMERICANS WIT! and for INDI- plus from the sale, if e ther than tf 626 3rd Place FL 32962 Vero Beach ean Personal will need to ensure that a verbatim record , . BY AMENDING. THE DISABILITIES AC VER. County, da wherein j any, o property- owner as of , Pub: April 8, 2009 Pub: March 20, April of the proceedings is VARIANCES SEC- (ADA) COORDINP SCHE BANK the date of the Lis 1996207 8, 2009 1991808 made which record in- TION 902.09, ,AND PROVIDING" FOR TOR AT 226-122 (TDD #772-770=521! T COMPANY Pendens must file a NOTICE OF eludes the testimony BY EPEAL' OF CON- P AT LEAST 48 HOUR R I CA S A S claim within sixty pUBLIG SALE ~ and evidence upon which jhe appeal will . FLICTING PR'OVI- IN A[)VANCE OF TH .TEE, is the (60) days after the PUBLIC NOTICE i s (F.S. be based SIONS; CODIFICA- MEETING.: fund SEUNG sale. hereby given, tha t . 286.0105) In compli- TION SEVERA6ILI- INDIAN RIVE (00;. JONG 0; JAE Y0 WITNESS MY HAND beginning on th and time liste d t e d NOTICE'OF once with the Ameri- TY; AND EFFECTIVE COUNT PLANNIN . V Y00; ANY and the seal of this a e below, we will sel l PUBLICHEAflING cans with Disabilities ariyone qct (ADA) DATE ~ Said ordinance, if ANDZONIN 'ALL •U N - Court on March 25, , andlor dispose a t .CITY OF SEBASTIAN , who needs a special adopted, vyould pro- COMMISSIO NN PARTIES 2009 PUBLIC .AUCTION, t o INDIAN RIVER accommodation foP vide for temporary E I M I N G B Y, Jeffrey K. Barton it Ci h k f the highest bidder ., COUNTY, FLORIDA I this meeting should suspension of com'- -s- George Hamnt UGH, UNDER, rcu t e Cler o for cash, at Securit y contact the City's ADA pliance with Yegula- Jr. Chairm~ AGAINST THE Court Self Storage, the fo l- ORDINANCE NO. ~ Coordinator at 589- lions not directly re N NAMED IN- BV: /sl Iris Schwartz lowing goods, ware s 0-09-03 I 5330 at least 48 hours lated to public safety Pub: April 8,.2009 iUAL DEFEN- As Deputy Clerk l L and, merchandise fo r A.N 0 R D I N A N C E to advance of the 'to speed up'the cer- 19961! (S) WHO ARE BE aw t Florida Defau L P G storage and- other G R A N T f N G T 0 R W , S meeting.: tificate of occupancy NOTIGEOF <NOWN TO OR ALIVE . roup, . , P.O. Box 25018 charges of which a Item on it is claimed E FLORIDA PO AND LIGHT COMPA -I 'process for develop i h . - pUBLICHEARING FL a , By Sally A. Maio, t menuprojects w HER SAID UN - Tamp , to Wit. All items be- NY, ITS SUCCES - MMC minor deficiencies ; NOTICE IS HEREE NN PARTIES CLAIM AN IN 33622-5018 - F07018896 NOS low are misc. house- u l d S 0 R S AND A S S I G N S q N - City Clerk -said deficiencies to GIVEN that the Plz t E S T A S If you are a perso ess n items, .hol n otherwise specified.` ELECTRIC FRAN - Pubt Apri18,2o09 1995029 be resolved by a date certain Wing and Zonir 1SES, HEIRS , with a disability wh o Security Self Storage; CHISE, IMPOSING . A copy of the pro Commission of Irn - TEES, GRANT - needs any accommo - g485 20th St., Vero PROVISIONS AN D NOTICE OF Posed ordinance wil an River Count l Florida shall hold OR OTHE R dation in order t o Beach, FL. 32966. CONDITIONS RE - PUBLIC HEARING be available at th e RANTS; MORT ' - participate in thi s DATE: April 24, 2009 EATING THERETO , Planning Division of public hearing - which parties in ELECTRONI 4 C proceeding, you ar e TIME: 4:30P.M. PROVIDING FO R NOTICE IS HEREB Y Tice located on in th e STFtATION SYS - entitled, at no cost t o g005LarrieuxDurocher MONTHLY PAY - GIVEN that the Plan - community develop terest and citize - S, 1N C. A S you,. to the provisio n A258JessicaDurkee, MENTS TO THE CIT Y Wing and Zonin di i I g ment division on th shall have an opp e tunny to be heard A'I N E E F 0 R of certain assistanc e. 8009DanielWright,B1 OF SEBASTIAN, AN n D Commission p - first floor of th , e the County Comm IECOMING S Please contact Pegg y 24ShaunicaGreene,A PROVIDING FOR A N an River County , County Administra - sion Chambers ,NCIAL, LLC ; Ward, 2000 16t h :108DawnWolfe,A037 EFFECTIVE DATE. Florida shall hold a lion Complex Buil d the Count Admir V (AWAY COV E Avenue, Vero Beac h, EricSchirmer,8348Wi The City Council of th e public hearing a ? ing "A" beginnin g 'E II -HONE - FL 32960 (772) 22 6_ IliamMcManus City of Sebastian, I n- which parties in in , - tration Building cm a J r s~" '~ ~ _ ~~ ~- -r HOME OF `PELIUN ISINdD City of Sebastian 1225 Main Street Sebastian, Florida 32953 Subject: Economic Development Plan Agenda No: ~~-U~~ Department Origin: City Clerk Appr e r ubmittal by: Date Submitted: 4/16/09 For Agenda of: 4/22/09 AI i er, City Manager ~ ~ City Attorney: ,~ Exhibits: Economic Development Plan, R-09-11, Minutes Excerpts Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT As a result of the February 18, 2009 Economic Development Plan workshop consensus was reached by Council to adopt a draft Economic Development Plan at a subsequent regular meeting, and then spend the next several meetings clarifying specific provisions. The end result was to be inclusion of the Economic Development Plan as an element of the Comprehensive Plan. City Council, on March 11, 2009 adopted Resolution No. R-09-11 approving an Economic Development Plan. Following adoption there was discussion that specific tax incentives and objections still needed further discussion and clarification. Mr. Hill requested at the last regular meeting that when there is a relatively light agenda, the Economic Development Plan be placed on the agenda to accomplish this further review. TAX ABATEMENT INCENTIVES I have been asked to provide a timeline for a special referendum election in the event Council chooses to proceed with implementing some type of tax abatement incentive or other economic development incentive program. The City Attorney and I met to review Statute and Charter provisions regarding special referendums. If Council is inclined to place an item on a ballot, the preferred time frame would be the November. ballot based on cost. According. to the Supervisor of Elections, there would be no additional cost to the City to place a referendum question on the ballof in November, however, were Council to call a special election for some other time, there would be a cost based on per registered voter. If Council decides to move forward to place a question or questions on the November ballot, Charter Section 4.04 requires adoption of a resolution no less than thirty days and no more than 60 days prior to the election. This time frame would require adoption of the resolution calling the special referendum election at either of the regular meetings in September. ~_ ors OBJECTIVES 2 AND 3 Staff is still reviewing the different types of incentive programs available and will provide that information to you. The City Attorney can answer any questions you may have as to legal requirements for placement of questions on a ballot. RECOMMENDED ACTION Discuss incentives and direct staff accordingly. Z /1!~ CffYOF ~~~. HQME OF PELICAN ISLAND COMPREHENSIVE PLAN ECONOMIC DEVELOPMENT ELEMENT MARCH 2009 Prepared By: City of Sebastian Growth Management Department 1225 Main Street Sebastian, Florida 32958 ii7 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. iii Adopted 3/21 /09 Economic Development Element - 1 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 Ciry 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 75% of the average wage and benefits in Indian River County as published and identified by the Indian River County Chamber of Commerce. Polite 2.2: New and expanding business seeking City of Sebastian incentives shall create a minimum of five (5) new jobs. Objective 3: For new and expanding.business that meet the policies in Objective 2, the Cif shall provide financial and other incentives Adopted 3/21/09 Economic Development Element - 2 1 ~ I Policy 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. 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 City 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. Policy 5.2: The Sebastian Municipal Airport will seek grants and other funding opportunities to improve roads and infrastructure delivery. Policy 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. Objective 6: The City of Sebastian will promote and provide a skilled labor force by ensuring that educational and housing opportunities flourish. Policy 6.1: Establish a list of training needs for target and other businesses. Pohl 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. Adopted 3/21 /09 Economic Development Element - 3 ~~v 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 County 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. 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. Adopted 3/21/09 Economic Development Element - 4 IzI 1ZZ 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 FORA 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 Simchick ~ay.;..._:. and, upon being put into The motion was seconded by Council member a vote, the vote was as follows: ~L3 Mayor Richard Gillmor aye Vice Mayor Jim Hill aye Council Member Andrea Coy aye Council Member Dale Simchick aye Council Member Eugene Wolff aye The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of March, 2009. ATTEST: ~~- - Sally A. io, MMC City CI iz~ CITY OF SEBASTIAN, FLORIDA B , Richard H. Gillmor, Mayor Approved As to Form And Legality For Reliance by the City Of Sebastian Only: Robert A. Ginsburg, Ci ttomey Regular City Council Meeting March 11, 2009 10. UNFINISHED BUSINESS 08.093/09.048 A. Resolution No. R-09-11 -Adopting Economic Development Plan -Revised from 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. The City Manager gave a brief update, advising the plan was amended based on input from the workshop and put into resolution format, which Council can adopt and use as a working tool or give other direction to staff. Don Wright, Fischer Circle, said the County Commission had reduced the average wage to 75% in the incentive program and asked Council to do the same. Mr. Wolff asked if we were going to revisit the document and Mayor Gillmor said if we can amend the document as we like it at this time. Ms. Simchick and Mr. Hill were in agreement with the suggested average wage of 75%. Mr. Hill said even if adopted we could still revisit the document and amend it as we go until it is finally adopted later. The City Manager asked Council to look at the targeted industries, the average wage incentive at 75%, and the incentives. He pointed out that the plan says the City will provide the policies outlined in sections 3.2 to 3.5 but there is not a formal plan in place to do this, so an ordinance or resolution will be needed in the future. Mr. Hill said if we are going to dissect the document today, we are not going to get through it. Ms. Simchick said it was her understanding that modifications would be made and sent to DCA. The City Manager said R-09-11 does say that it would be transmitted later but we should say we have a plan. He pointed out that policy 3.1 is already in place, policy 3.2 says partner with Indian River County on tax abatement which doesn't commit the City and will need to go to referendum. He requested discussion for policies 3.3, 3.4, and 3.5 which can be done at a CRA meeting. Mr. Wolff asked if the policy 3.1 wording, "guarantee administrative determination and permit issuance" means that it is a guaranteed permit issue, and the City Manager explained the phrase guarantees "review" and anything staff is authorized to do will be done in 60 days. Mr. Wolff asked where the funding would come from regarding policy 3.2, and the City Manager responded it would be new incremental tax of the relocation. Ms. Simchick said we need to bring this back soon if we are going to put this on the November ballot. MOTION by Ms. Simchick and SECOND by Ms. Coy to pass Resolution No. R-09-11 adopting the Economic Development Plan revised by the 2/18/09 workshop with the revision that policy 2.1 reads 75% average wage incentive. Result of the roll call vote: Ayes: 5 Nays: 0 iz5 1 Zl~ ~~ ~~ 5~ ,~_ Tel _ ~.. . -- -- -- 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. rz7 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 Sebastian/Vero 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. izs 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 i z9 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. !30 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 X31 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. 13Z 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 we 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. /33 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 I J' `r s ~9. 015 Aquatic Weed Control Contracts and Issues - Chrono 88.105 May 4, 1988 Aquatic Control -City Manager go to bid on new contracts June 22, 1988 Aquatic control bid award -awarded to Ameriquatic for $15,825.12 MOTION by Vallone/McCarthy 1 move we approve Consent agenda items (6)(A) Approve Council Minutes - 5/25/88 Regular, 6/1/88 Workshop, 6/8/88 Regular, 6/14/88 Budget Workshop, (6)(D) Approve Expense Voucher -Metcalf - FDOT Seminar, Tallahassee - 6/9 & 6/10 (6)(F) Award Bid for Aquatic Control to Ameriquatic - $15,825.12, (6)(H) RESOLUTION NO. R-88-48 - (Assistant to Building Official and (6)(1) RESOLUTION NO. R-88-49 - (Adding Assistant Building Official and Chief Building Inspector to SOP Section II Unlimited Time Status Employees). RC 5-0 90.185 August 8, 1990 Review Noxious Weed Problem in Major Canals South of CR 512 -AmerAquatic, Inc. contract -approved -further funding for additional work will go back to Council 90.185 A. Review Noxious Weed Problem in Major Canals South of CR 512 (City Manager Recommendation dated 8/2/90, Interim City Engineer Memo dated 8/2/90, Proposed Contract with AmerAquatic, Inc., Pages 5 & 6 of 1979 GDC Agreement Petitions and Correspondence from Citizens) The City Manager apprised Council of the current canal problem south of CR 512 which was previously the responsibility of GDC and recommended they waive the bidding procedure and approve execution of the agreement with AmerAquatic, Inc. to proceed immediately. The interim City Engineer presented a map of the subject area, explained the procedure for removal and said additional funding maybe necessary for removal of hyacinth in the Schumann Canal area. Trace Wolf, Regional Manager, AmerAquatic, explained the removal procedure and responded to questions from Council. MOTION by Oberbeck/Powell 1 move we go with the recommendations of staff and go ahead and waive the normal bidding procedure and accept the proposal from AmerAquatic, Inc. in the amount of $8500 and 1 anticipate GDC will be notified of this cost since this is part of their ongoing cost. It was inferred that any request for funding for additional work beyond the initial $8500 contract will come back to Council. The City Attorney detailed minor changes made to the agreement. Council concurred. 91.032 January 23, 1991 Award Contract to Ameraquatic -Hyacinth Control Schumann and Elkcam Waterways - $3030 -1123191 agenda -approved with addition of Schumann Lake for additional $300 per month Item C - 91.032 -Award Contract to Ameraquatic -Hyacinth Control Schumann and Elkcam Waterways - $3030 The City Manager noted that a petition had been received and copied to Council requesting that Schumann Lake be treated for algae and that Ameraquatic would include this area for an additional $300 per month. f35 MOTION by Oberbeck/McCollum t move we approve item C and award the contract to Ameraquatic. 96.239 November 13, 1996 Authorize Staff to Proceed with Solicitation of Bids for an Annual Contract for Aquatic Weed Control -approved (Consent) Item G -Aquatic Weed Control and Culvert Installation Martha Winninger, 106 Thunderbird Drive, Sebastian, discussed the need for bid for a new aquatic weed control contract and recommended better specifications in the bid and better monitoring. She then discussed the removal of culvert pipe adjacent to her property by FPL at the request of the former City Attorney without a St. Johns permit and described the resulting condition of the waterway. She asked that the culvert pipe be replaced. MOTION by Cartwright/Barnes 1 move to approve item G of the consent agenda - RC 4-0. 97.127 April 23, 1997 Bid Award for Annual Aquatic Weed Control to Applied Aquatic Management, Inc. of Eagle Lake, Florida at 70% Level - $24,540 - 4123197 agenda -awarded John Hill, Craven Thompson, gave a brief presentation and recommended approval as presented. MOTION by Taracka/Paul 1 move to award the annual aquatic weed control contract to Applied Aquatic Management, Inc. of Eagle Lake, Florida, at the 70% level alternative 3 as outlined in Mr. John Hill's letter. After a trial period if the 70% level is unacceptable the City Manager is authorized to increase the treatment level and negotiate a fair price for increased service at his discretion so that we may achieve an acceptable level of weed control. RC 5-0 John Hill noted that it was citizen participation that brought about this program. 98.161 August 26, 1998 Approve Extension of Contract with Applied Aquatic Management, Inc. for One Additional Year in the Amount of $29,500 -approved for one year to 5118199 The City Manager said the difference in the amount was due to a change order during the first year of the contract. MOTION by Wininger/Cartwright 1 would move that the contract be extended for one year effective May 19, 1998 to expire May 18, 1999 and at that time it will be subject to renewal again and at the price of $29, 340. RC 5-0 December 2, 1998 Approve Change Order with Applied Aquatic Management Inc. in the Amount of $6,000 -not addressed -deferred to 12/16198 -approved with proviso that CM ascertain original contract amount December 16, 2009 MOTION by Wininger/Cartwright 1 move to approve change order #1 with Applied Aquatics for $6, 000 for ditch spraying with the proviso that our City Manager check the figures on circle page 25 and be sure they are correct. It was requested that ditch spraying be included in the next contract bid. 13 (~ 2 January 13, 1999 (City Manager) Said figures for Applied Aquatic had been researched and the correct original contract price was $29,340 and the new total with the change order will be $35, 340. 99.111 May 12, 1999 Approve Final One Year Contract Extension with Applied Aquatic Weed Control Including Change Order No. 1 for a Total of $35,340 to Expire 5/19/2000 -final renewal approved MOTION by Wininger/Barczyk "1 move to approve a final one year contract extension between the City of Sebastian and Applied Aquatic Management, Inc. including change order#1, expiring on 5/18/2000 total amount of $35,340 and that amount of money includes change order #1." RC 5-0 99.180 September 8, 1999 Approve Change Order #2 to Applied Aquatics, Inc. Contract for Chemical Treatment of Roads in the Amount of $6,000 (was 98.161) -approved MOTION by BarczyWMajcher "1'd like to move to approve change order #2 with Applied Aquatics for $6, 000 for chemical treatment of the roads."RC 4-0 00.160 June 28, 2000 Approve Four Month Extension of Applied Aquatic Management, Inc. Agreement in an Amount Not to Exceed $14,165 to Expire September 19, 2000 - 6128/00 agenda - approved MOTION by Bishop/Barczyk to approve four month extension of existing agreementRC 5-0. 01.146 May 23, 2001 Award Bid for Aquatic Weed Control to Applied Aquatic Management, Inc. as recommended - 5123101 agenda -approved The City Manager briefly explained the proposed contract for weed control, recommended approval, and responded to questions from Council. The Public Works Director said there was $30, 000 budgeted this year for this contract. The City Attorney advised a special use exception could be included in language prohibiting motor boats from Schumann Lake. MOTION by Barczyk/Majcher "1 move to adopt agenda item # 01-146."RC 5-0 02.175 August 14, 2002 Authorize Termination of Aquagenix Contract for Weed Control and Approve Contract to Applied Aquatic Management at a Price of $2150. per Month - 8/14102 agenda -approved Consent K. Authorize Termination of Aquagenix Contract for Weed Control and Approve Contract to Applied Aquatic Management at a Price of $2150. per Month (Bid Proposal, Letter of Intent, Letter of Suspension) MOTION by Hill/Majcher "1 move approval of consent agenda items A through E, and G through S." RC 5-0 s ~3~ 04.155 June 9. 2004 Authorize Change Order No. 1 for the Extension of Contract with Applied Aquatics and the City of Sebastian until September 30, 2004 for Weed Control Spraying Subject to Terms of Original Contract -approved 1. Authorize Change Order No. 1 for the Extension of Contract with Applied Aquatics and the City of Sebastian until September 30, 2004 for Weed Control Spraying Subject to Terms of Original Contract (Engineering Transmittal 6/1/04, Change Order) On MOTION by Mr Coniglio, and SECOND by Mayor McCollum, consent agenda items A-H and J were approved on a vote of 5-0. Mayor McCollum removed the item for MaryAnn Krueger who distributed `Audubon Guide fora Healthy Yard and Beyond." The Stormwater Engineer responded that this is a licensed firm that the City has contracted with for at least the last three years. In response to Ms. Krueger, the City Manager directed the Stormwater Engineer to give her information about the chemicals being used. Mr Coniglio asked for it to be provided for all of Council. It was noted that the company is using herbicides not pesticides. On MOTION by Mayor McCollum, and SECOND by Mr Coniglio, item I was approved on a voice vote of 5-0. October 27, 2004 Authorize the Award of Contract to Applied Aquatic Management, Inc. in the Amount of $37,695 for Aquatic Weed Control ~ Authorize the Execution of a Service Agreement for Same -approved October 27. 2004 Consent L. Authorize the Award of Contract to Applied Aquatic Management, Inc. in the Amount of $37, 695 for Aquatic Weed Control & Authorize the Execution of a Service Agreement for Same On MOTION by Mr Coniglio and SECOND by Mr Barczyk consent agenda items A, 8, C, and H through O were approved on a roll call vote of 5-0 (THIS CONTRACT IS STILL IN EFFECT - lT WAS AN INITIAL 3 YEAR CONTRACT WITH TWO AUTOMATIC 1 YEAR EXTENSIONS - IT IS DUE TO EXPIRE /N NOV. 2009) 06.007 November 16, 2006 Temporary Environmental Advisory Committee -Vice-Chair Krueger- Request to Council Regarding Citizen Spraying of City Properties - CM to look into 9. COMMITTEE REPORTS/RECOMMENDATIONS A. Temporary Environmental Advisory Committee Vice-Chair Krueger- Request to Council Regardinp Citizen Spraying of City Properties (no backup) MaryAnn Krueger addressed Council on a concern regarding a private citizen who is spraying pesticides on a public waterway and requested Council set a policy that private citizens not be allowed to do this. The City Attorney said this is being done with authorization from the City and advised that Council is not authorized to direct departments but could direct pass and ordinance or the City Manager could override staff authorization. C~ Trish Adams said this sets a bad precedent and said the person was given one time authorization and is continuing. 4 In response to Ms. Coy, the City Attorney stated that the herbicide spraying was done in an effort to control botanicals in a stormwater facility, and advised that an absolute ban on people spraying herbicide in such areas as s would run afoul of logic. Ms. Coy said she would like to hear what the City's policy has been and what has been allowed and the City Manager said he would report back at the next meeting and asked Council not to establish any regulatory rules at this time advising that he could probably handle this issue easily. Ms. Krueger recommended that Council make it mandatory that all pesticide and herbicide applicators be certified. Mayor McCollum said in his opinion, the City should not be delegating spraying of waterways to outside parties. Ms. Neglia suggested that there might be natural alternatives and asked the Environmental Committee to look into it and Ms. Coy suggested the committee could conduct a clinic for the public on alternatives to pesticide use. It was agreed that the City Manager would bring back more information. Trish Adams requested clarification stating there may some overlap with the Tree Board because pesticide use is a landscaping issue but Council said this is an environmental issue and asked that they pursue it and Ms. Coy suggested that they could perhaps conduct a joint clinic with the Tree Board. December 14, 2007 (administrative action) Hold Harmless agreement and authorization for volunteer aquatic life treatment with William Eggleston, 129 Keystone Drive -signed by City Manager, AI Minner and City Attorney, Rich Stringer. December 14, 2008 (administrative action) Hold Harmless agreement and authorization for volunteer aquatic life treatment with William Eggleston, 129 Keystone Drive -signed by City Manager, AI Minner and City Attorney, Robert Ginsburg. ,i3q ~4~ CIiY OF S~~ST~,-N HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: {772) 589-5330 • FAX (772) 589-5570 December 14, 2007 William Eggleston 129 Keystone Drive Sebastian, FL 32958 RE: Hold Harmless Agreement and Authorization for Volunteer Aquatic Life Treatment Dear Mr. Eggleston: Please keep and have this Hold Harmless and Authorization Agreement for a formal record. This document will provide you authorization to continue volunteer aquatic life treatment on ponds, swales, lakes and other like water bodies in an around the Keystone Drive area, as approximately depicted on the map attached hereto. The City recognizes that you take these activities on a volunteer basis and will provide all chemicals and labor at no charge to the City. Further, as applications are made, the City understands and you agree to keep current all required registrations and training as required for aquatic application from all regulatory agencies and Florida Statutes. Finally, as a volunteer for the City of Sebastian, you shall hold harmless the City of Sebastian, its agents, officers or representatives from any and all claims that may arise from treating aquatic life at the aforementioned location. This Agreement shall be in full force and effect until December 31, 2008. This agreement will be reviewed on an annual basis. Please sign and return a copy of this Agreement, as your signature indicates your concurrence with these terms. Also, note that a copy of this agreement will remain in the City Attorney's office and be on file with the City Clerk, City Manager, Public Works Director and Police Chief. On behalf of the City of Sebastian, I would like to thank you for your volunteer efforts. Maintenance of our water bodies is an important item for the City. We appreciate your efforts and dedication. R pe ly, City Manager ~~`'/~ William Egglesto 129 Keystone D orm and Substance, ~~ Rich Stringer City Attorney cc: Sally Maio, City Clerk Jerry Converse, Public Works Director Jim Davis, Chief of Police X41 QtYOF HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 December 18, 2008 William Eggleston 129 Keystone Drive Sebastian, FL 32958 RE: Hold Harmless Agreement and Authorization for Volunteer Aquatic Life Treatment Dear Mr. Eggleston: Please keep and have this Hold Harmless and Authorization Agreement for a formal record. This document will provide you authorization to continue volunteer aquatic life treatment on ponds, swales, lakes and other like water bodies in an around the Keystone Drive area, as approximately depicted on the map attached hereto. The City recognizes that you take these activities on a volunteer basis and will provide all chemicals and labor at no charge to the City. Further, as applications are made, the City understands and you agree to keep current all required registrations and training as required for aquatic application from all regulatory agencies and Florida Statutes. Finally, as a volunteer for the City of Sebastian, you shall hold harmless the City of Sebastian, its agents, officers or representatives from any and all claims that may arise from treating aquatic life at the aforementioned location. You are hereby further informed that only you have authorization to apply such treatments and no other person or persons may accompany you in this process. This Agreement shall be in full force and effect until December 31, 2009. This agreement will be reviewed on an annual basis. Please sign and return a copy of this Agreement, as your signature indicates your concurrence with these terms. Also, note that a copy of this agreement will remain in the City Attorney's office and be on file with the City Clerk, City Manager, Public Works Director and Police Chief. On behalf of the City of Sebastian, I would like to thank you for your volunteer efforts. Maintenance of our water bodies is an important item for the City. We appreciate your efforts and dedication. As to Form and Substance, ~~ Robert Ginsburg City Attorney B William Eggleston 129 Keystone Drive cc: Sally Maio, City Clerk ~~ Z ~~3