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Home My WebLink About06282000DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 28, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:00 p,m, The Pledge of Allegiance was recited. Invocation was given by Chaplain Frank Camillo - Sebastian Police Chaplain and First Baptist Church, Barefoot Bay BOLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. City Council Absent: Mr. James Hill (excused) S_taft Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Finance Director, Mark Mason Growth Management Director, Tracy Hass Airport Manager, Jason Assistant Public Works Director, Jerry Converse Police Lieutenant, Gene Ewert Deputy City Clerk, Sally Maio Regular City Council Meeting June 28, 2000 Page Two DRAFT AGENDA MODIFICATIONS (ADDITIONS ANI~/OR DELETIONS) Items not on the written agenda may be added onl~ upon a majority vote of City Council members (R-99-21) it was the consensus of Council to move item i4 A 00.006 Board of Adjustment - Interview, Unless Waived. and Al~point One Regular Member with Term ~ Expire 6/1/2003 to the consent agenda since there was only one applicant. City Attorney distributed revised backup for ite~ 16A 00.157 Resolution No. R-00-35 - Approving Skydive Sebastian of South Flor_jd~ Inc. Sub-Lease to~Lyle P_resse ~ Parac~te Packinq Shop. He said there were nd substantive changes. PROCLAMATIONS, ANNOUNC~!~N.~S_AN[ i/OR PRI~SENTATIONS None. CITY ATTORNEY MATTERS 00.150 Accept Riclht-of-Way Deed for Barber~Street Alignment at U.S. 1 (No Backup.) The City Attorney explained that the tWo right-of-way deeds under his matters were for existing roads. He said he had submitted the r~ecorded deed for US 1/Barber to the City Clerk for filing, that the deed for Wave Street is a correctidn; and advised City Council that it should make a motion to accept the deeds. ' MOTION by Bishop/Barczyk "1"11 make a motion to accept ilem ROLL CALL: Mayor Barne{ - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill ~ absent MOTION CARRIED 4-0 00.151 B. Accept Corrective D_~c__atiort Deed for Wave Street (No Backup) MOTION by Barczyk/Majcher "1 move to accept the corrected dedication deed for Wave Street." ROLL CALL: MOTION CARRIED 4-0 Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barne., - aye - aye - aye - absent - aye Regular City Council Meeting June 28, 2000 Page Three DRAFT 10. CITY~ANAGER MATTERS reported on the establishment of a war memorial and sought direcfion from Council. This item was placed on the July 12, 2000 regular meeting agenda. announced that a meeting with staff and the vendor for the chambers sound system will be held on Friday, June 30, 2000 to ascertain a solution to any existing problems announced the passing of Police Chief White's mother and disseminated information relative to memorial services. CITY CLERK MATTERS awarded certificates of complefion to Vice Mayor Bishop, and Councilmembers Barczyk and Hill for their successful completion of the Advanced Institute for Elected Municipal Officials. CITY COUNCIL MATTERS A. Vice Mayor Bishop thanked the City Manager for his quick response on the Laconia and Tulip traffic problem requested that the City fund additional monies for the coming fiscal year budget for 4th of July activities, and the City Manager responded he will be working with the Lions Club to discuss enhancement to their partnership with the City B. Mr. Barczyk The City Manager stated that Code Enforcement issues will be addressed on July 12, 2000 C. Mr. Hill Absent. D. Mr. Majcher None. E. Mayor Barnes discussed the need to revise the year round water restrictions and asked that it be put on the July 12, 2000 agenda for discussion. requested that the city send a letter of response to an Emergency Services letter relative to a public hearing for a Class A certificate of public necessity and convenience for a Baker Act transport service. City Council concurred. Regular City Council Meeting June 28,2000 Page Four DRAFT 00.124 00.152 00.153 11. CONSENT AGENDA All items on the consent agenda are considered murine i and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Co~hcl? so requests; in which event, the item will be removed and acted upon separately. I A. Approval of Minutes - 6/14/00 Regula! Meeting B. Authorize City Manager to Execute Revised Orth Aero Services, Inc. Airport Lease Agreement - increase from Three to Six Acres (City! Manager Transmittal 6/21/00, Revised Agreement) C. Authorize City Manager to Execute Onie Year Interagency/Public Works Agreement Between Indian River Correctional Institution and City 0f Sebastian (City Manager Transmittal 6/13/00, Agreement) D. Approve Disposal of Vehicle #95, RoaSts and Drainage VAC Truck Via Auction on July 15, 2000 Pursuant to City Code Section 2-93 (Finance Director Transmittal 6/22/00) 00.135 00.154 Craft Club of Sebastian - Request for No Conflict with 75th Anniversary Ever Keep Indian River Beautiful Request tc Endeavors - October 14 and 15, 2000 with City Clerk) with Electricity (City Jse of Riverview Park for 2000/2001 Annual Craft Shows - ts (City Clerk Revised Transmittal 6/19/00, Craft Club Letter) Sponsor Arts and Crafts Show by American Craft and Spring 2001 (Dates to be Determined and Coordinated ,rk Transmittal 6/12/00, Zahn/KIRB Letter) 00.006 Board of Adjustment Appointment (Ad The City Manager read the consent ag Mr. Bishop removed item B. MOTION by Bishop/Majcher "1 make a motion to approve consent agenda items A, B, C, E, F and ~ed to Consent Agenda during Agenda Modifications) enda. ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop - aye - aye - absent - aye - aye MOTION CARRIED 4-0 Item B - Disposal of VAC Truck Through Auction Mr. Bishop asked what the truck might bring at auction. The City Manager said perhaps approximately $1000 to $3000 but could not say exactly at this time. MOTION by Majcher/Bishop ] "1 make a motion to approve consent agenda item D." Regular City Council Meeting June 28, 2000 Page Five DRAFT ROLL CALL: Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk - aye - absent * aye - aye - aye MOTION CARRIED 4-0 12. PUBLIC HEARING 00.120 Ordil]ance No. 0-00-16- Comrguj]itv Redevelopment Trust Fund (Finance Director T. raJ:lsmittal 5/17/00, 0-00-16. Finance Director Memo 4/25/00. FS 163.387 F..xcer.Dt, Summary of Changes to Section 78-30) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 78-30 OF THE CODE OF ORDINANCES, COMMUNITY REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:25 p.m., and the City Attorney read Ordinance No. O- 00-16 by title. The Finance Director gave a brief presentation. Mayor Barnes closed the public hearing at 7:26 p.m. MOTION by BarczykJBishop "1 move to adopt Ordinance O-00-16." ROLL CALL: Mr. Hill - absent Mayor Barnes ~ aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 4-0 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign- up required- limit often minutes for each speaker Norm ??, Lymphedema Therapy, asked that Council consider allowing him to park his 35 foot mobile unit in front of residents' homes while a treatment is underway. Lieutenant Ewert offered suggestions for parking on major thoroughfares. It was suggested that they coordinate with the Police Department as to parking recommendations, the vehicle's schedule and proposed locations. Regular City Council Meeting June 28, 2000 Page Six 00.006 14. COMMITTEE REPORTS/RECOMMENDATIO ~IS A. Board of Adjustment (City Clerk Transmittal 6/19/00, One ,~ pplication, Member List, Ad) 1. Interview, Unless Waived, anc. Appoint One Regular Member with Term to Expire 6/1/2003 This item was moved to consent agenda and Mr. Harry Marshall was appointed. 00.155 15. OLD BUSINESS A. Tree Removal in City Capals (No ~ac~(uP_) The City Manager discussed current clty policy encouraging removal of Brazilian Peppers and concerns expressed as to removal of River Water Management District's po peppers. He then proposed future pr~ community as to what is and is not de., said that the Growth Management Dire respond to concerns relative to this m~ Tape I - Side II (7:45 p.m.) lesirable trees during the process; and advised that St. Johns sition is to do as much as possible to clear out Brazilian sentations at City Council meetings to educate the ,irable vegetation and to establish a more specific policy. He ~ctor and Assistant Public Works Director were available to ~tter. Following City Council discussion and input regarding educating the public, the City Manager said he would come back to the next meeting with information and presentations, and received direction to come back with a proposal to estab ish a city policy. Pete Kahle, addressed City Council. 00.156 Parking in Swales (No Backup) The City Manager said the current language needs clarification and sought direction as to City Council's wishes relative to parking in Swales. The City Attorney reiterated that the language is unclear and suggested language prohibiting destruction of swales. Following City Council discussion, the City Manager suggested that City Council review this, talk to residents and come back with ideas. Mayor Barnes suggested that a workshop be conducted. Harry Sookraj, 949 Carnation Drive, Sebastian, asked if it was appropriate to have ten cars parked in front of a residence. Pete Kahle said cars parked in swales are leaking oil which ends up in canals. Alita Hirshfeld, Sebastian, said city streets are not wide enough for company to park anywhere but in swales. The workshop was scheduled for July!19, 2000 at 7:00 p.m. 6 Regular City Council Meeting June 28, 2000 Page Seven DRAFT 00.148 C. Park Use (No Backup) The City Attorney said he had distributed proposed language which addresses a comprehensive plan to utilize public recreational facilities. He briefly reviewed the proposals and requested that Council review them, make notes and give them to him by July 16, 2000 and he will draft language for a first reading on July 26, 2000. 16. NEW BUSINESS 00.157 A. Resolution No. R-00-35 - Approving Skydive Sebastian of South Florida, Inc. Sub-Lease to Lyle Presse - Parachute Packin(~ Shop (City Attorney Transmittal 6/~5/00_, R-00-35. Sublease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF AIRPORT LAND FROM SKYDIVE SEBASTIAN OF SOUTH FLORIDA, INC. TO LYLE PRESSE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-00-35 by title and reviewed the sub-lease that was submitted today. Tape fl - Side I (8:32 p.m.) MOTION by Bishop/Barczyk "1 move to adopt Resolution R-00-35 granting approval for sublease between Sebastian Skydive and Lyle Presse." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - absent MOTION CARRIED 4-0 00.158 B. Resolutiog NO, R-00-36 - Authorizing City Manager or Designee to Applv for Funding from US Fish and Wildlife Conservation Commission - Derelict Vessel Removal Proqram (City Manager Transmittal 6/20/00~ R-00-36_) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE DERELICT VESSEL REMOVAL PROGRAM. The City Attorney read Resolution No. R~00-46 by title and the City Manager briefly explained its purpose. MOTION by Majcher/Bishop "1 move to approve Resolution R-00-36 authorizing City Manager or his designee to apply for funding from the US Fish and Wildlife Conservation Commission, Derelict Vessel Removal Program." Regular City Council Meeting June 28, 2000 Page Eight DRAFT 00.159 C. oo. 16o D. ROLL CALL: MOTION CARRIED 4-0 Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - absent Mayor Barnes ! - aye Mayor Barnes called recess from 8:40 I~.m. to 8:50 p.m. All members were present. Traffic On Barber Stre_Pt I~etween U.S. 1 and Schqmann Drive (City Manac~er Transmittal 6/21/00~_ The City Manager reiterated his recomn~endation to have a speed limit sign installed to help alleviate problems in this area. in response to questions from Council, t~he City Attorney discussed regulation of truck traffic within city limits. There was discussion of use Of scales, and regulation of trucks over so many axles and during certain hours. Approve Fou. r Month Extension of Applie~d Aquatic Management. Inc. Agreeme~ in an Amount Not to Exceed $~4.165 to Expire September, 19, 2000 (Public Works Transmittal 6/22/00) MOTION by Bishop/Barczyk "1 move to approve a four month extension of existing agreement Applied Aquatic Management, Inc. in the amount not to exceed $14,165, said agreement will expire on September 19, 2000 and be subject to rebid agreement at that time." ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop - aye - aye - absent - aye - aye MOTION CARRIED 4-0 00.161 E. Compiled Performance EvaluaJ~gns/City Attorney (City Manager Transmittal 6/20/00. Human Resources Director Memo 6/20/00) Following a brief discussion of the appropriate percentage for the City Attorney's annual increase, motion was made. MOTION by Barnes/Bishop "1'11 make a motion to increase tie salary by 5%?' ROLL CALL: Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk - aye - absent - aye - aye - aye MOTION CARRIED 4-0 Regular City Council Meeting June 28, 2000 Page Nine 00.162 F, Approve City Manager Attendance at ICMA 86th Annual Conference - Cincinnati Convention Center ~ Cincjnnati OH - 9/17/00 - 9/20/00 (City Manager Transmittal 6/2_1/00) MOTION by Barczyk "1 move to approve the City Manager to attend the ICMA 86th Annual Conference to be held at the Cincinnati Convention Center, Cincinnati Ohio beginning the September 17th through he 20th, year 2000," ROLL CALL: Mr. Hill - absent Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 4-0 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:15 p.m. Approved at the ,2000 Regular City Council Meeting. Walter Barnes Mayor Kathryn M. O'Halloran, MMC City Clerk 9 ACTZON L~$T THE FOLLOWING iS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 6/28/00 REGULAR MEETING All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material put in chronological order City Manager, City Attorney, Purchasing and all other department heads get a full set of draft minutes, and are responsible for copying whatever is pertinent to their departments. We will continue to place copies of individual minutes pages in backup files. 00.150 00.151 00.124 00.152 00.153 Accept Right-of-~/Vav Deed for_Berber Street ~ligl]r0ent at U.$, 1. - accepted list on deed-lst in computer file in green binder in safe in vault Accept Corrective Dedication Deed for Wave Street - accepted obtain recorded deed from City Attorney list on deed-lst in computer file in green binder in safe in vault c-~N. pproyal of Minutes - 6/14/00 Regular Meeting - approved sign, seal - place in book with any designated backup ALlthqr~e ~ity Manager to Execute Revised Orth Aero Services, Inc. Airport Lease Agreement - I[qcrease [rom Three to Six Acre8 - approved Jean will administer execution of 2 originals (previous agreement had not yet come back signed from Orth) and provide us with one revised agreement when fully executed file original lease agreement in vault AIRPORT and in book in bookcase update page in front of book and AIRPORT index index expiration date Authorize City Manager to Execute One Year Interagency/Public Works Agreement Between Indian River Correctio~3al/n_stitution and City_gf Se[~astiao - approved Jean will administer execution of 2 originals and provide us with one when fully executed update \wp-files\agreemen.wpd - Interlocal - State of FL - Dept. Of Corrections file vault - AGREEMENTS - Interlocal - State of FL - Dept. Of Corrections index expiration date Approve Disposal of Vehicle #DS, Roads and Drain~Jae VA(;: Truck Vie Auction on J~Lv 1~ 2000 Pqrsuant to City Code Section 2-93 - approved Jean has file for auction - includes Karlin Daniels Agreement - will be receiving copies of ads - will turn over file to us when complete file vault - AGREEMENTS - Miscellaneous update \wp-files\agreemen.wpd 00.135 00.154 00.120 00.006 00.155 00.156 00.148 Craft Club of Sebastian - Request for Use of Riy_e~ew Park for 2000~7,.001 Annual Craft Shows - No_Conflict with 75th A.npiver~ary Events - approved copy minutes to file letter to Craft Club file vault - PARKS - Rivewiew - use of Keep Indiar~ ~iyer B~ea!.ltiflJl Request to Sponsor ,~rtsJ~d Crafts Show bY American Craft ~.ndeavors - October 14 and 15.2000 and Spring 2001 (Dates to b_e~Determined and ~;oordinated with CB (;:lark) witbElectricity - approved copy minutes to tile letter to KIRB file vault - PARKS - Riverview - use of Ordinance No. O-00-16 - Community ~,edevelopment Trust Fund - adopted sign, seal - copy to file, counter, Finan~ce (certified) e-mail to MCC with adoption date i blue back original - file vault - 2000 OEIG ORD file backup in vault- 2000 ORD BACKUP / I_Bo_a_rd of Adjustment Interview, Unles~ Waived. and Appoint One Regu[~r Member with ~rm to Expire 6/1/2003 - Harry Marslhall appointed copy minutes to file letter to Marshall update board handbook -distribute pages advertise for alternate : ~'~_ee Removal in City Canals - City M~nager to come back with proposed city policy and schedule educational presentations at city council meetings start file - copy minutes and file pending credenza .Par~(jnc~ in S~/ales - workshop scheduled for 711900 update monthly calendar add to upcoming list in minutes directqry post notice on board i Ear.k Us~e - City Manager to receive ihput from Council members and place on 7/26100 for 1st reading copy minutes to file file pending credenza 00.157 [~esolution No. R-00-35 - Approving Skydive Sebastian of South Florida, Inc. Sulz-~ease to Lyle Presse ~ Parachute Packing ShoD - adopted sign, seal res - copy to tile, counter, Finance, AIRPORT Skydive file mail copy of resolution to Skydive Sebastian and Lyle Presse ?? - request copy of executed sub-lease for our files index documents in \wp-files\airport when copy of sub-lease returned - attach copy to res and create new Lyle Press Sub- lease file for AIRPORT files blue back res and file in vault - 2000 ORIG RES update \wp-res\r-00 as to adopted date 00.158 Resolution No. R-00-36 - Authorizing City Manager or Desic~nee I(~ Apply for F~nding from US Fish and Wildlife Conservation Commission - Derelict Vessel Removal Proaram - adopted sign, seal - copy to file, counter, certified to Jean asap blue back res and file in vault - 2000 ORIG RES file backup in vault - 2000 RES BACKUP update \wp-res\r-00 as to adopted date 00.159 Traffic on Barber_Skeet_Between U.S. 1 and Schumann Drive - approved staff recommendation to post speed limit signs copy minutes to file file vault ~ STREETS 00. t60 Approve Four Month_Extension of Applied Aquatic Managemen[ Inc, Agreement in an Amoul~t bl~Lto Exceed $14.165 to F. xpir_e September 19. ;~00_0 - approved Jean to administer execution of extension agreement file is currently missing - if not found - create new file - obtain copies of agreements from Paul update \wp-files\agreemen.wpd 00.161 Compiled Performapc. p Evaluations/City Affol*tley - $% approved copy minutes to Stringer agreement file in AGREEMENTS - Miscellaneous 00.162 Approve City Mar~a_qer~ttendance at ICMA 86th Annual Conference - Cincinna~;i Convention Center - Cincinnati OH - 9/17/00 - 9/20/00 - approved copy minutes to file file vault ~ TRAVEL/EDUCATION CITY MANAGER MA'I-FERS · reported on the establishment of a war memorial'was placed on the July 12, 2000 regular meeting agenda · announced that a meeting with staff and the vendor for the chambers sound system will be held on Friday, June 30, 2000 · announced the passing of Police Chief White's mother and disseminated information relative to memorials CIT~ CLELRK MATTERS · awarded certificates, of completion to Vice Mayor Bishop, and Councilmembers Barczyk and Hill for their attendance at the Advanced Institute for Elected Municipal Officials. Vice Mayor Bisl]gp · thanked the City Manager for his quick response on Laconia and Tulip · requested that the City fund additional monies for the coming fiscal year budget for 4th of July activities - City Manager responded he will work with the Lions Club · Code Enforcement issues will be on 7112100 agenda Mayor J~r~)es , Discussed the need to revise the year round water restrictions and asked that it be put on the July 12, 21:100 agenda for discussion · Emergency Services letter requesting city input on public hearing for Class A certificate of public necessity and convenience for Baker Act transport - requested that City Manager city send a letter of response Introduction of New Business [rom Public · Lymphedema Therapy asked that Council consider allowing him to park his recreation vehicle at residents' homes while a treatment is underway, Lieutenant Ewert offered suggestions for parking on mai be notified as to the vehicle's schedule for the day. All ¢ ~)r thoroughfares. It was suggested that the police ouncilmembers concurred with the idea. 4 CITY COUNCIL MEETING DATE: ITEM NO.. ROLL CALL 1 Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher MOTION ITEM NO. ROLL CALL 2 Mr. Bishop ~ Mr. Barczyk ~-/ Mr. Majcher / Mayor Barnes MOTION '~/~'~ SECOND ITEM NO. ROLL CALL 3 Mr. Barczyk Mr. Majcher // Mayor Barnes Mr. Bishop / MOTION ~ SECOND C ~ ~ ~'~/?4; c~/~ ~ ~ ITEM NO, _ROLL CALL 4 Mr. Majcher / Mayor Barnes Mr. Bishop ~/ Mr. Barczyk ~'~ MOTION SECOND ITEM NO. 4d ,/~O ROLL CALL 5 Mayor Barnes Mr, Bishop Mr. Barczyk '/' Mr. Majcher ./~ MOTION SECOND CITY COUNCIL MEETING DATE: ITEM NO. ROLL CALL I Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher MOTION SECOND ~~,~ ITEM NO. ROLL CALL Mr. Bishop / Mr. Barczyk / Mr. Majcher ~/ Mayor Barnes SECOND ITEM NO. ~'/3 ~ ROLL CALL 3 Mr. Barczyk /' Mr. Majcher Mayor Barn,es~ Mr. Bishop ITEM NO.~, ROLL CALL 4 Mr. Majcher Mayor Barnes Mr. Bishop Mr. Barczyk ITEM NO. ,/~, ROLL CALL Mayor Barnes Mr. Bishop ,/~ Mr. Barczyk ,-/ Mr. Majcher,~ MOTION /~_,L~ SECOND MOTION /L/~g~''' SECOND~~ MOTION F~ SECOND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 28, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Chaplain Frank Camillo - Sebastian Police Chaplain and First Baptist Church, Barefoot Bay ROLL CALL City Coun~_Pj;esent: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Finance Director, Mark Mason Chief of Police, Randy White Public Works Director, Terry Hill Deputy City Clerk, Sally Maio Regular City Council Meeting June 28, 2000 Page Two AGENDAMODIFICATIQN~ (.ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) 6. PROCLAMATIONS. ANNOU_NCF~MIEI~ITAANDJQR PRE~SENTATIONS CITY ATTORNEY MATTERS A. Accept Right-of-Way Deed for Barber Street Alignment at U.S. 1 (No Backup) 00.151 B. Accept Corrective Dedication Deed for Wave Street (No Backup) CITY MA_NA~I~R MA'ri'ERS 9. CITY CLERK MATTERS 10. CITY COUNCIL MATTERS A. Vice Mayor Bishop B. Mr. Barczyk C. Mr. Hill D. Mr. Majcher E. Mayor Barnes 4 00.124 00.152 ql 00.153 00.1 $5 00.'15# 11. CONSENT AGENDA All items on the consent agenda ere considered routine and w~l be enacted by one motion. There wi8 be no separate discussion of consent agenda items unless · member of City Coundl so requests; in which event, the item wt8 be rornoved and acted upon separately. Approval of Minutes - 6/14/00 Regular Meeting C. D. E. F. Authorize City Manager to Execute Revised Orth Aero Services, Inc. Airport Lease Agreement - Increase from Three to Six Acres (City Manager Transmittal 6/21/00, Revised Agreement) Authorize City Manager to Execute One Year Interagency/Public Works Agreement Between Indian River Correctional Institution and City of Sebastian (City Manager Transmittal 6/13/00, Agreement) Approve Disposal of Vehicle #95, Roads and Drainage VAC Truck Via Auction on July 15, 2000 Pursuant to City Code Section 2-93 (Finance Director Transmittal 6/22/00) Craft Club of Sebastian - Request for Use of Riverview Park for 2000/2001 Annual Craft Shows - No Conflict with 75th Anniversary Events (City Clerk Revised Transmittal 6/19/00, Craft Club Letter) Keep Indian River Beautiful Request to Sponsor Arts and Crafts Show by American Craft Endeavors- October 14 and 15, 2000 and Spring 2001 (Dates to be Determined and Coordinated with City Clerk) with Electricity (City Clerk Transmit~l 6/12/00, Zahn/KIRB Letter) The City Manager read the consent agenda. MOTION by I move to approve items A, B, C, D, E and F of the consent agenda. 12. 00.120 PUBLIC HEAJR!NG Procedures for pub~c healfngs: (R.99.21) · Mayor Opens Haadng · Attorney Reads Ordnance or Resolution · Staff Presentation · Pub#c Input - Umit of Ten Minutes Per Speaker ° 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 or Her Name for the Record A. O~rdinance No.'"'~-00-16 ~'Community Red~¥~Jopment Trust Fund (Finance Director Transmittal 5/17/00. O-00-16~ Fin~r~c~Djrector Memo 4/25/00, FS 163.387 ExcerDt. Su~.rll~lry of Changes to Section AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 78-30 OF THE CODE OF ORDINANCES, COMMUNITY REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at, and the City Attorney read Ordinance No. O-00-16 by title. -~- Mayor Barnes closed the public hearing at. Y~' MOTION by I move to adopt Ordinance O-00-16. 6 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign- up required - limit of ten minutes for each speaker 14. COMMITTEE REPORTS/RECOMMENDATiONS 00.006 Board of A~B~t131~nt ~ (City Clerk Transmittal 6/1~30, Oqe~pli~..a~,' Member List, Ad) 1. Interview, Unle~W~/and A~Ppoint One Regular Member with Term to Expire 6/1/2003 OLD BUSINESS A. Tree Removal in City Canals (No Backup) 9 00.156 B. Parking in Swales (No Backup) ]0 00.148 C. Park Use (No Backup) ]] 16. 00.157 NEW BUSINESS Resolution No. R-00-35 - Approving Skydive Sebasticj3 o[ South Flodda. Inc. Sub-Lease to Lyle Presse - Parachute Packing Ghop (City Attorney Transmittal 6/15/00, R-00-35, Sublease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF AIRPORT LAND FROM SKYDIVE SEBASTIAN OF SOUTH FLORIDA, INC. TO LYLE PRESSE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 00,158 Resolution No. R-00-36 - Authorizing City Manager or Designee to Agply for I_F~ll3(~ing from US Fish and Wildlife Conservation Commission - D~JictV~,sel Removal Program (City Manager Transmittal 6/20/00. R-00-36) a RESOLUTION Of THE CITY Of SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE DERELICT VESSEL REMOVAL PROGRAM. ]3 00.159 Traffic on Barber Street Between U.S. 1 and Schumann Drive (City Manager Transmittal 6/21/00, Petition) 14 00.160 Approve Four Month Extension of Applied Aquatic Management, Inc. Agreement in an Amount Not to Exceed $14,165 to Expire September 19, 2000 (Public Works Transmittal 6/22/00) 00,161 Compiled Performance Evaluations/City Attorney (City Manager Transmittal 6/20/00, Human Resources Director Memo 6/20/00) 00.162 Approve City Manager Attendance at ICMA 86th Annual Conference - Cincinnati Convention Center - Cincinnati OH - 9/17~00 - 9/'20/00 (City Manager Transmittal 6/21/00) 17. ADJOURN (All meetings shall adjoum at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) 17 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 28, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - '/225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION ~ Chaplain Frank Camillo - Sebastian Police Chaplain and First Baptist Church, Barefoot Bay 4. ROLL CALL 5. AGENDA MODIFJCATIONS (ADDITIONS AND/OR DI~ETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R.99-21) 6. PROCLAMATIONS, ANNOUN_C.EMENTS AND/OR_pRESENTATIONS 7. CITY ATTORNEY MATTERS ~/ 00.150 A. Accept Right-of-Way Deed for Barber Street Alignment at U.S. 1 (No Backup) 00.151 B. Accept Corrective Dedication Deed for Wave Street (No Backup) 8. CITY MANAGER MATTERS_. 9. CITY CLF=RK MATTERS 10. CITY COUNCIL MATTERS A. Vice Mayor Bishop B. Mr. Barczyk .......... D. Mr. Uajcher ~ E. Mayor Barnes 1-12 00.124 13-34 00.152 35-41 00.153 43 00.135 45-46 00.154 47-48 00.120 49-60 00.006 61-69 11. 12. 13. 14. CONSENT AGEN[3~ All items on the consent agenda are considered mu#ne end wfll be enacted by one motion. There w~l be ne separate ~scussion of consent agenda items unless a member of City Councff so requests; in which event, the item wig be removed and acted Upon separately. A. Approval of Minutes - 6/14/00 Regular Meeting Authorize City Manager to Execute Revised Orth Aero Services, Inc. Airport Lease Agreement - Increase from Three to Six Acres (City Manager Transmittal 6/21/00, Revised Agreement) Co Authorize City Manager to Execute One Year Interagency/Public Works Agreement Between Indian River Correctional Institution and City of Sebastian (City Manager Transmittal 6/13/00, Agreement) Approve Disposal of Vehicle #95, Roads and Drainage VAC Truck Via Auction on July 15, 2000 Pursuant to City Code Section 2-93 (Finance Director Transmittal 6/22/00) Craft Club of Sebastian - Request for Use of Riverview Park for 2000/2001 Annual Craft Shows - No Conflict with 75th Anniversary Events (City Clerk Revised Transmittal 6/19/00, Craft Club Letter) F. Keep Indian River Beautiful Request to Sponsor Arts and Crafts Show by American Craft Endeavors - October 14 and 15, 2000 and Spring 2001 (Dates to be Determined and Coordinated with City Clerk) with Electricity (City Clerk Transmittal 6/12/00, Zahn/KIRB Letter) · Mayor Opens Healfng · A~torney Reads Ordinance or Resolu~on · StaffPresentation ° Put, lc input- Umitof Ten Minutes Per Speaker · Staff Summa#on ° Mayor Closes Hea#ng · Council Action · Anyone 14~shing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Ordinance No. O-00-16 - Community Redevelopment Trust Fund (Finance Director ]'ransmittal 5/17/00, O-00-16, Finance Director Me~o 4/25/00, FS 1_6_3.397 Excerpt. Summary of C]3~.rige~ to. Section 78_-30) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 78-30 OF THE CODE OF ORDINANCES, COMMUNITY REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF NEW BUSINESS FROM THE PUBUC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign. up required - limit often minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS Board of Adjustmerlt (City Clerk Transmittal 6/19/00, One Application, Member List, Ad) 1. Interview, Unless Waived, and Appoint One Regular Member with Term to Expire 6/1/2003 00. ~ 55 00.156 00, f48 15. 16. OLD BUSINF=SS A. Tree Removal in City Canals (No Backup) B. Parking in Swales (No Backup) C. Park Use (No Backup) NEW BUSINESS 00.157 A. Resolution No. R-00-35 - Approving Skydive ~_ebastian of SouthJ=lorida, Inc. Sub-Lease t.o Lyle 71,82 Presse - Parachute Packing Shop (City Attorney Transmittal 6/15/00. R-00~35, SubleHse) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF AIRPORT LAND FROM SKYDIVE SEBASTIAN OF SOUTH FLORIDA, INC. TO LYLE PRESSE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 00.158 B. Resolution No, R-00-36 - Authorizing C~ Manager or DesiQnee to Apply for F~nding~fr_om_ US Fj~h 83-87 end yVildlife Conse.rvation Commis~_i~n - Derelict_Ve_s~el Removal Program (City Manaqgr Transmittal 6/20~.00, R-00-36) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE DERELICT VESSEL REMOVAL PROGRAM. 00~159 C, Traffic on Barber Street Between U,S. 1 and Schumann Drive (City Manager Transmittal 6/21/00, 89-92 Petition) 00.160 D. Approve Four Month Extension of Applied Aquatic Management, Inc. Agreement in an Amount Not 93-94 to Exceed $14,165 to Expire September 19, 2000 (Public Works Transmittal 6/22/00) 00.161 E. Compiled Performance Evaluations/City Attorney (City Manager Transmittal 6/20/00, Human 95-96 Resources Director Memo 6/20/00) 00.162 F. Approve City Manager Attendance at ICMA 86th Annual Conference - Cincinnati Convention 97 Center- Cincinnati OH - 9/17/00 - 9/20/00 (City Manager Transmittal 6/21/00) 17. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MAT-I'ER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPUANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589.5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING, Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings, U~omin~7 Meetinos: · Regular Meeting. Wednesday, 7/12/2000 - 7 pm o Regular Meeting - Wednesday, 7/26/2000 - 7 pm SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 14, 2000 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge .of Allegiance was recited. Invocation was given by Mark Snell, Member of Cornerstone Baptist Church RoLL CALL City CounCil Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr, Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terence'Moore City Attorney, Rich Stdnger City Clerk, Kathryn .O'Halloran Finance Director, Mark Mason Growth Management Director, Tracy Hass Growth Management Manager, Jan King Police Lieutenant, Eugene Ewert Deputy City Clerk, SallY Maio Regular City Council Meeting June 14, 2000 Page Two AGENDA MODIFICA.]'IO_NS (ADDITIONS AND/OR DELETIONS.) Items not on the written agenda may be added only ~pon · majority vote of City Council members (R-99-21) Vice Mayor Bishop requested Council Matters be moved to the end of the agenda and City Council concurred. 00.067 00.049 PROCLAMATIONS. ANNOUNCEMENTS ANP~OR PRESENTATIONS A. Presentatio~3f CerlJfl~te of A~precial~n - ~!i;~a~l~eth Griffin-Bra~e[ - Code Enforce~Dt Board / Mayor Barnes read the Certificate of Al~preciation, however, Ms. Griffin-Brauer was not present. B. 'Lions Club of Seba~an. Inc, 4th of July Committee - Proposal for Event(City IV~naaer Transmittal 5/31/_00. Osmundso[~ Letter) 00.005 · Joann Osmundson, Lions Club, presented a request for routine matters for the 4th of July event, including approval for the Boy Scouts to camp overnight in the park with adult supervision, and for a small ceremonial container fire in the park for flag retirement. She also announced that the Lions Club may not be able to. organize the event in the future. City Council concurred with all of the lions Club 4th of July requests. i 75th Anniversary ComrnJttee presentation ! Ray Coniglio, 75th. Anniversary Comm~ee Chairman, recognized members of the Committee and gave a progress.report on the Committee's activities and future planned events; commended City staff; presented 'a rendering of a clock tower proposed for location at the foot of Main Street; sought $25,000 be set aside 'by the City toward the clock tower purchase; and urged volunteers to assist the, Committee. 00.128 D. St. Johns River w~t~r Management District Preserltation - Water Rich Burklew, St. Johns River Water Management District, gave an overview of current water levels, noting that this area of the distri~ is currently under the 10 am to 4 pm mandatory watering restriction only. Mayor Barnes said there will be discussion on the issue of restrictions at the next meeting. 00.129 Evan Tullus. Florida State pept. Of Mal~a.g.ement Services ~Purchasing DMsion~ In Partnership with Nations Bank - Purchasing Card Pro. gram This Item was previously deleted and wi I be.rescheduled. 7. CITY A'i-rORNEY MATTERS 00.149 Discussion Relative to'Policy ~)n Park U.~ e The City Attorney reported he will be sul ~mitting a proposal to Council in their mailboxes tomorrow. Regular City Council Meeting June 14, 2000 Page Three Other Maffers: stated that staff will stop requiring credit reports for contractor licensing since the law does not require it and if the Council wants to make it a requirement it will have to direct an ordinance be adopted said he had distributed previous drafts of water restriction ordinances and that he will place the matter on the next agenda 8. CITY MANAGER MATTERS 00.149 A. Discussion Relative to Per[mits Being/ssued for Fireworks The City Manager said he had received applications for temporary use permits for fireworks sales, noting the State of Florida had not yet banned sales at this time, and requested Council consensus. It was the consensus of Council that the City Manager discuss the issue with the Fire Marshall and act accordingly. 00.134 Authorize Mavorto Sign ~.etter Approving Di~trib~)j't of $157.777 of Federal Fiscal Year 2000/200_1 Funds Allocated_for LocalAnti-Drt.~c~ Abuse Proorams.(J. etter from ~oard of County Cpmmissiot~ers_qlated 6/6/00) It was the consensus of Council to authorize the Mayor to sign the letter. The City Manager noted there was a performance budgeting presentation in the recently approved budget amendment which may have been overlooked in the packet. He then .distributed copies of the Semi.Annual Report at this time (see attached) CITY CLERK MATT. ERS None, 11. CONSENT ,AGENDA AIi.itetns.on. the ~onsent egenda ere considered routine end w~l be enacted by one mo#on. Thero will be no separate ~Jscu~ion of consent.agenda items unless · member of Ci~ Council so requests; in .which event, the item wll be removed end acted upon separately. 00.135 Approval of Minutes - 5/24/00 Regular Meeting, 5/30/00 Special Meeting Craft Club of Sebastian ~ Request for Use of Riverview Park for 2000/2001 Annual Craft Shows (City Clerk Transmittal 5/24/00, Craft Club Letter) 00.136 Hamilton Request for Use of Riverview Park Electricity - 8/12/00 (City Clerk Transmittal 5/30/00, Hamilton Letter) 00.137 Do Pastor Littleton Request for Use of Riverview Park Electricity - 6/25/00 (City Clerk Transmittal 6/5/00, Littleton Letter) 00,138 Capt. Phillips Request for Use of Riverview Park on 6/24/00 from 9:00 a,m. - 11:30 a.m. for Kid's Fishing Adventure (Capt. Phillips Letter 6/'//00, event information) Regular CityCouncil Meeting June 14,2000 Page Four 00.132 F. Council Acknowledgment and Consent to Correct Scrivener's Error in the Airport Lease with Orange Peel Enterprises, Inc. to Reflect a Five Acre Parcel Beating 532 Feet of Frontage on Roseland Road (City Attorney Transmittal 6/5/00) 00.139 G, Authorize Payment for City Attorney Travel for Attendance at Annual Meeting of the Florida Bar to be Held June 21-25, 2000 in Boca R~ton (City Attorney Transmittal 6/6/00) oo.140 H. Move to Adopt Resolution No. R-00-33~for Publix_India_ri River Subdivision Final Plat.(Re~olution E~-00-33, Application. Final.Plat.& Log~jjgl~ Map attached) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS PUBLIX INDIAN RIVER SUBDIVISION LOCATED AT THE NORTHWESTERN CORNER OF THE INTERSECTION OF U.S. HIGHWAY 1 AND BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. TAPE I* SIDE II (7:47 p.m.) The City Manager read the consent agenda, and the City Attorney read R-00-33 by title. · Barczyk removed item B, and Mr. Bishqp removed item H. MOTION .by Hill/Barczyk : "1 move to approve items A, C, D, E, F, G of the consent agenda.' ROLL CALL: MOTION CARRIED 5-0 · Mayor Barnes Mr, Bishop Mr. Barczyk Mr. Majcher Mr. Hill· - aye - aye - aye - aye - aye Item C - Craft Club Use of. Riverview Perk for Annu. pl Shows Mr. Barczyk noted a conflict with the planned 75thAnniversary celebration on December 2 and 3. The City Clerk noted nc.information had been received from the Anniversary Committee, therefore, the Item was held in abeyance until any conflict can be resolved. ItemH I Mr. Bishop noted that a ·math problem ir~ the contingency fee needs correction (page circle 42). MOTION by Bishop/Majcher '1 make a motion to approve consent agenda item H.' ROLL CALL: Mr. Bishop Mr, Bamzyk Mr. Majcher Mr. Hill Mayor Barnes - aye - aye - aye ~ aye - aye MOTION CARRIED 5-0 4 Regular City Council Meeting June 14, 2000 Page Five 12. PUBLIC HEARING 00.123 A. Ordinance No, 0-00-14 - Amenc~jna Time ~r Mopring Boats to City Docks (PoliceJ:::hief Transmittal 5/31/00. O-00~14 as Revised) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION MUNICIPAL DOCKS AND PIERS; PROVIDING FOR CONFLICTS; 1 1.0-44, PERIOD OF MOORING TO PROVIDING FOR SEVERABiLITY; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 5/10/00, Advsrlised · Legal 5/31/00) Mayor Barnes opened the public hearing at 7:48 p.m. and the City Attorney read Ordinance No. O-00- 14 by title. Mayor Barnes closed the public headng at 7:50 p.m. MOTION by Barczyk/Bishop '1 move to approve Ordinance O-00-14" ROLL CALL:' Mr, Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 00.065 B. QrdJnance No. O-00.15 -Adopting New Land Development Code - Seco[~l Reading and Second. Public Headag.(Growth Ma0.aaement Transmittal 6/6/00~O-0015~ Revised Pages.) AN .ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REWRITING CITY CODE CHAPTER-~ 54, THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROViDING.FOR AN EFFECTIVE DATE. (1st and 1st PH Reading 5/24/O0 Advertised Display 5/~17/00 and 6/7/00) ' Mayor Barnes opened the public hearing at 7:51 p.m. and the City Attorney read Ordinance No, O- 00-15 by title, .and noted that the reference in the ordinance should be to Chapter 54 rather than 20A, The Growth Management Director cited recent proposed revisions to the Land Development Code, Tina Giambanco, Giusseppes Pizza, recommended the billboard restriction for CR 512 not include non-profit organizations. Greta DeMichael, Hibiscus Center, addressed Council on the same subject. The City Manager said special arrangements can be made to put such types of signs on public properties. Mayor Barnes suggested that the women speak tothe City Attorney at a later date to try to work something out, Regular City Council Meeting June 14, 2000 Page Six The following individuals objected to the 35 foot maximum height in RS-10 district: Adrina Davis, Sebastian Chuck Neuberger, Sebastian Sal Neglia, Sebastian, Pat Barney, Sebastian Herb Munsart, Sebastian David Johns, Sebastian David Ell, Sebastian Louise Kautenberg, Sebastian, concurred with the 35 foot maximum height and objected to the shrubbery requirement. / Management Director said ~ study done today showed that 94 % of new built houses The Growth had shrubbery installed. . / TAPE II - SIDE I (8:30 p.m.) ~ He stated that Planning and Zoning had! agreed to include the 35 foot height restriction. The City Attorney explained if Council wished to include the shrubbery requirement in the Land Development Code a formula must be established before adoption of the ordinance, or the Council could choose simply to delete the requir~ement. Mayor Barnes closed the public hearing !at 8:35 p.m. MOTION by Barnes/Barczyk ~ fl'd like to make a motion to rescind the 35 foot height and return it to 25 foot in the RS 10 district." i Each Council member cited their discussions with city residents and Planning and Zoning members; and it was the consensus of Council that it was opposed to the 35 foot height. ROLL CALL: MOTION CARRIED 5-0 Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. Bamzyk MOTION by Bishop/Barczyk ~1'11 make a motion to delete the 3-14.6." - aye - aye - aye - aye - aye underlined proposed landscape requirements Section 54- Regular City Council Meeting June 14, 2000 Page Seven ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 MOTION by HillAVlajcher "1'11 move to adopt Ordinance No. O-00-15 as amended this evening." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Mayor Barnes called recess at 8:54 p.m. and reconvened the meeting at 9:07 p.m. were present. All members 00.141 13. _~U~SI-JUDICIAL PUBLIC HEARING dure~ are on back of agenda) [Resolufi(~n No. R-00-32 - Site PIsI~ and_PrelirrljBarv Plat Approval for Charter S~hoO[ in Chessers. Gap PUD(C) £Gl;°wth Management Transrojtt~tl 6/7/0Q~-00-32. Application. Staff Report. p&~: Minutes. Preliminary Plat/Site Plan ~ Location MaD attached.) A RESOLUTION OF THE. CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SiTE PLAN AND PRELIMINARY PLAT FOr THE SEBASTIAN CHARTER JUNIOR HiGH SCHOOL WiTH,N CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-00-32 by title and Mayor Barnes opened the public hearing at 9:09 p,m. The City Clerk swore in all those who intended to offer testimony. Attorney Steven Lulich, representing the Charter School, addressed City Council. Randy Mosby, Mosby and Associates, presented documents regarding conceptual approval for Chessers Gap in 1988 and a trip generation list. The applicants responded to questions from Council TAPE II - SIDE II (9;30 p~rnJ Mr. Hill noted that the 90% opaque screening requirement should not be in the language and the City Attorney concurred since the property is not abutting residential, and noted an error in the acreage. Regular City Council Meeting June 14, 2000 Page Eight The Growth Management Director cited conditions that must be satisfied as set out in his report to Council. / The following individuals spoke in favo~ of the Charter School location. Donna Weinbrecht, Sebastian Julia Kraft, Fellsmere Sharon Hall, Sebastian Robert Dunwoody, Vero Beacl Ryan Fleming, Vero Beach David Osterhoudt, Sebastian Gloria Murdock Barry Simon Unda Hildreth, Sebastian Sal Neglia, Sebastian, said he thoughtlhe school was in the wrong location. Donna Skinner, explained the concept ~fthe Charter school system. Mayor Barnes closed the public heating at 10:10 p.m. MOTION by. Majcher/Hill "1 vote to approve ResoLution R 00-32 for the Sebastian Charter High School prelimina~ development plan/site plan.' ROLL CALL: MOTION CARRIED .5,0 Mr. Bishop i - aye Mr..Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes I - aye 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item.that has occurred or was discovered within the ~revious six months which is not otherwise on the agenda, sign- up.required - limit often minutes for each speaker Sal Neglia, Sebastian, asked .why the Lions Clul: during 4th of July festivities; and suggested the riverfront. TAPE Iii - SIDE I (10:18 p. rn.) Baxter Coston, Balboa Street, Sebastian, said th by. is charging $15 for use of electricity in Riven/Jew Park roposed clock be located on Main Street rather than the welcome sign on US 1 cannot be discerned as you drive Peter Kahle, suggested Council ensure that gra~s and weeds on city property be maintained by city staff and not by private citizens. Mayor Barnes called for a motion to continue th~ meeting at 10:30 p.m. Regular City Council Meeting June 14, 2000 Page Nine 00.142 00.143 15. 16. 17. MOTION by Hill/Barczyk "So moved." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 DOMMITTEE RF~PORTSIRECOMMELNDATIONS - None OLD BUSINESS - None NEW BUSINES~ Consider City Couqcjl Member Attendar~ce at Florida_Leaoue of Cities 74th Annual Conference in _Ft, Lauderdale (Cttv Manager Transmittal_6/1/00. Tentative Program Overview.) The City Manager said he had been invited to serve as a presenter on CounciI-ManagerRela§ons at the conference and invited any available Councilmembers to attend with him. MOTION by Barnes/Majcher "1'11 make a motion that we will supply attendance to the Florida League of Cities 74th Annual Conference and (inaudible) consisting of the City Manager and several Council members,' ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye , MOTION CARRIED 5-0 Resolution No. R-00-31 - FDOT Public Transportation Joint Particip.Qtion Agreerpent/Runway Lighting (MIRL) and Airfield Security Fencing (_City Manager Transmittal 5/22/00. R-00-31) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTiCiPATION AGREEMENT FOR THE PURCHASE AND INSTALLATION OF RUNWAY LIGHTING (MIRL) AND AIRFIELD SECURITY FENCING WITH GATES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE, RegularCityCouncll Meeting June 14,2000 Page Ten The City Attorney read Resolution No. R-00-31 by rifle. MOTION by Barczyk/Barnes "1 move to approve Resolution R-00-31 authorizing the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement for the purchase and installation of runway lighting (MiRL) and airlield security fencing with gates." ROLL CALL: MOTION CARRIED 5-0 Mr. Hill - aye Mayor Barnes - aye Mr. Bishop ~ aye Mr. Bamzyk - aye Mr. Majcher - aye 00.144 Authorize.Mayor to Execute Intel'Local A~reement_~p_tween indian River C~q0.~_artd c~ of ~;ebastian Grar~l~l $.~0.000 AIIoca§og '.rq~ Florida Boating Improvement Fund for Boat Ds:~k/ViewingAre8 Along Indian Rivet Dr~ve (City Manager Transmittal 5/31/00. Interlocal ,~tmement) MOTION by Majcher/I-Iill '1 move to authorize the Mayor io execute the interlocal Agreement between Indian River · County and the City of Sebastian grenfing a $20,000 allocation from the Florida Boating Improvement Fund for the dock viewin~area along Indian RiVer Ddve." ROLL CALL: MOTION CARRIED 5-0 Mayor Barnes 'Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill - aye - aye - aye - aye - aye 00.145 Autho.['lT-e C..~ Manaaer to Execute Engagement LetterwtthJ-Ioymal~. Dobson & Company. P,A. for Audit Services for the Fiscal Years Endina 9/30/2(~00 and 9/30/2001_~Clty Manager Transm~al 6/5/00, I~[~gagement Le[er b~tween City of Sebastian and_L-[oyman. Dobson & Co.. MOTION, ibY HIIi/Barczyk move to authorize the City M nager to execute the engagement letter with Hoyman, Dobson & Company, P.A." ROLL CALL: Mr. Bishop Mr. Barczyk Mr. Majcher Mr, Hill Mayor Barnes MOTION CARRIED 5-0 - aye - aye - aye - aye - aye 10 Regular City Council Meeting June 14, 2000 Page Eleven 00.146 E. Authorize City Manager to Enter into Contract with School Board of Indian River Coup~v to Provide a School Resource Officer to be Shared by Sebastian Elernentary~nd Pelical~ I~land [~lementary Schools (Police Department Transmittal 6/5/00. Proposed Contract_Between C. itv of SebastiarLand indian River [;)i~dct School Board) MOTION by Majcher/Bishop '1 move to authorize the City Manager to enter into a contract with the School Board of Indian River County to provide a School Resource Officer, to be shared by Sebastian Elementary and Pelican Island Elementary schools, pursuant to the terms of the attached proposed contract, for the 2000/2001 school year." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 00.147 F. [Resolution No, R-00-34 - Authorize Ci~ Manager and Police Department to Apply for the COPS IN SCHOOLS GRANT (Grant Facts Sheet (2~. SRO Duties, Responsibilities & Courses Taught (~3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER .OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE UNITED STATES DEPARTMENT OF JUSTICE COPS'IN SCHOOLS PROGRAM. The City Attomey read Resolution No. R-00-34 by title. MOTION by Hill/Bishop fl.move to authorize the City Manager and Police Department to apply for the COPS IN SCHOOLS GRANT.' ROLL CALL: Mr. Majcher - aye Mr. Hill - aye .Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 10. ~.ITY COUNCIL MATTERS A. Mayor Barnes Said the Council Chambers sound system quality is terrible and suggested a new system be looked into. Requested an update on code enforcement and how It is being handled. The City Manager stated the Code Enforcement Board will review procedures at their June 21, 2000 meeting and then it will come fonNard to Council in June or July. Regular City Council Meeting June 14, 2000 Page Twelve At the request of the Mayor, the City Ma~nager gave an update on Officer Rodriguez's condition since his auto accident. I · Requested clarification on swal~ parking regulations. · Discussed the location of the city welcome sign for the benefit of a citizen. · Said concerns had 'been expressed that there was no flag at Barber Street Sports Complex. i V~ceNlayor Bishoo Expressed concern for vehicle accidents at Laconia and Tulip. The City Manager reported there will be a review by city and county staff and a recommendation will come backto Council. Mr. B a r c,.,,~yk i At the request of Mr. Barczyk, the City Manager said City Engineer interviews had been completed and background checks were being conducted. Reiterated concerns for the swale parking problem Suggested microphones be moved fonNard toward the speakers None. .Mr. Majcher · Inquired whether there were an' stated there are regulations in ti smoking regulations for parks, and the City Attorney le proposed park ordinance. 18. Being no further business., Mayor Barnes adjourned the Regular Meeting at 10:52 p.m. Approved at the ,200~3 Regular City Council Meeting. Walter Barnes Mayor Kathryn M. O'Halloran, MMC City Clerk City of Sebastian, Florida Subject: l~evised Lease Agreement Agend~ No. Between Or~ Aero Se~ces, Inc. ~d ~e Ci~ of Sebasfi~ Depment Ofi~: CiW M~r '~~":'~ (~'ro~a~of: ,.~s-00 Terence R. ~re Exhibits: Revised Airport Lease Agreement between Orth Aero Services, Inc. and the City of Sebastian and drawing representing acreage. EXPENDITU~ AMOUNT BUDGETED: APPROPPdATION KEQUIRED: N/A N/A REQUIRED: SUMMARY The proposed revision to Lease Agreement between Orth Aero Services, Inc., and the City of Sebastian, increases the mount of acreage from 3 acres to 6 acres. All other terms and conditions remain the same and are consistent with or in support of aviation activity. RECOMMENDED ACTiON Move to authorize ,the City Manager to execute the revised Lease Agreement between Orth Aero Services, Inc., and the City of Sebastian, increasing the mount of acreage from 3 acres to 6 acres. AIRPORT,LEASE THIS LEA~E, made and entered into this ' 5th day of May, 2000, by and between the CITY OF SEBASTIAN, a municipal corporatipn existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and ORTH AERO SERVICES, EqC. (hereinafter referred to as the "Tenant"). Th~ Landlord and the Tenant are sometimes / colle~vely referred to herein as the "parties". , WITNES SETH' WHEREAS, the Landlord is the owner of certain property located in the County of indian Privet, Florida; and WHEREAS, the certain property constitutes a portion of the Sebastian Muaivipal Airport (hereinafter referred to as the "Airport"); md WI-tERE~, the certain property is available for aviation and industrial use for those activities consistent with or in support of aviation ~ctivity; and Wt-IEKEA.S, the Landlord has agreed to lSase such property to the Tenant :subject to certain terms and conditions; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, an/_ performed as set forth hereinafter; NOW, THEREFORE, in consideration of the receipt and m~iciency of which are hereby follows: 1. RECITALS. The above stated recitals Lease Agreement. the covenants, terms .and conditions to be the mutual covenants hereinafter provided, ~cknowledged, the parties have agreed as are hereby incorporated by reference in this ~e L~ord po~on of~e ~ ~ea of w~ by eo~on a s~ of ~e pr~es ~m~ed ~ove, w~ ~ed l~ds ~ eo~e ~e a~ Le~ed eo~o~ ~o ~e (30) ye~s . 4. ~ L~e ~ be ~ ~o~ows: d~ed ~ C~J . . ' . r~t ~ be b~d upo~ ~ ~ a~ p~o~ ~d ~j~~ ~ be ~e fo~o~g re~m~ of ~d~eed by Co~ ~e b~e price ~d~ for ~y 200~, ~d ~e yeti7 r~ ~o~ ~ be ~ed b~ed upo~ e~ge~ b ~e price ~d~ ~ approp~e, on JWy 1, 2005. ~o~ ~ adj~ e~ be lapse of~s le~e. (b) The above rental for the leased premises shall be payable in advance, in quarterly installments, commencing from the date of commencement'of this Lease, as described in Section 3 (above) and on a like day o£ every quarter thereafter during the term of this Lease. However, until a certificate of occupancy is issued for the initial hangar to be conslructed at ~e ske, bu~ in no event for more than the initial twelve months of the term hereof; T~nt shall only be charged rent upon one acre of the parcel, i (c) DISPENSING FUEL. As additional ~ent, Tenant shall pay to the Landlord two cents (2~) for every gallon of aviation fuel sold by] Tenant. Said payments shall be made at the ~xne of paying rent, shall be kemized and shall be accompanied by a copy of the fuel consumpfioz reports, or such other relevant documents requested by Landlord, for the subject lime period. Lanctlord shall have a right to audit T~ant's financial records relating to fuel sales upon seventy-mwo hours written notice. (d) In &ddicion to the rental applicable. (e) Time of the essence. mount, ~he Tenant shall pay Florida sales tax, The Tenant a~rees promptly to perform, comply with and abide by this Lease, .and agrees that ,imely paymex~t is of the very nature and essence hereof. In the event that any rental paymen~ due hereunder shall not be paid within five days o£when due, Tenant shall pay Landlord a late payment fee 0f 5% of the amount of' such .late KenUfl Payment. This charge shall be conSidered additional rent and not interest. 5. RENEWAL. During the twenty-sbrth year of the term, unless waived in wriling by Tenant, Landlord shall commisSion a certified ~eal 'estate appraiser to place a valuation on the Leased Premises, including all improvements thereupon except those constructed by Tenam after the dst twenty years of the term of this lease, and establish a rental value £or the same. Within sixty days after delivery to Tenant o~the appraisal, Tenant may exercise either of the following three options: A. Accept the rent valuation therein anti offer in writing to enter a nonassignable, nonrenewable lease ~xtension agreement for up to thirty additional years in accordanc~ with the terms herein except applying the new base rental amount; B. C~ve no, ce of ks intent to commission a second appm~s~ by a ce=li~ed r~a~ ~at~ app~s~r. 1. ~ s~d appr~s~ res~s ~ a r~t~ v~ua~on ~ t~ p~c~t (10%) of the ~ apprise, ~e ~e~ sh~ be av~aged. 2. ~a &spew or,eater ~ t~ percent (10%) resets, resp~ve apprises ~ oo~ ~d a~pt to negotiate a compro~se ~. ~no compm~se re,ts, s~d appr~sers sh~ jo~y ~b~t ~e n~e of a q~ed.appr~s~ to ~e p~es who sh~ ~ jo~y oo~ssion ~ appr~sg ~er~om. S~d appr~s~ v~ue ~ be used ~ ~e rel~ ~e ~ff f~s b~e~ ~e v~ues of~e ~ ~o apprises. ~e v~ue ~ereoff~s outgde r~ge of~e ~ ~o apprises, ~e rel~t ~ue sh~ be de~ved ~om av~g ~e ~ee app~s~s. Wi~ ~ days of e~ab~s~em of a rent~ v~ue as ~ fo~ above, T~t may ~erdse ~er option oom~ed ~ ~bp~a~aphs A ~d C h~eo~ C. ~ve notice of frs ~tem to ~ow ~e le~e to ~ffe at ~e ~d ~ ye~ ~L~ord does not a~c~t ~ o~ to ent~ ~to a renewed leme, at ~e ~d of ~e ~ ye~ te~ but ~e rent ~r the '~ ~ee ye~ of ~e lease a~ be' waived as additional consideration to Tenant for improvements thereafter. 6. IMPROVES TO THE PREh~SES. relinquishing ownership of all site The Lmdlord acknowledges that the Tenant is leasing the premises as a full service FBO within the meaning of Fla. Stat. 196.012 for the primary purposes of a base of operations for aerial applications of pesticides and potential rental of hangar spaze, and providing aircraft-related servicea, including refarbi~g airplanes, and that in order to u~e the leased premises for this purpose, it will be necessary to construct improvements upon the leased premises. It is agreed that Tenant shall have the right to place a construction nailer/temporary office at' the leased premises upon execution of the lease, that the City shall take such steps necessary to allow utility service to said trailer, and the same may remain at the site until thirty days following issuance of the certificate of occupancy for the initial hangar thereupon or expiration, of a building permit for the same. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section ? hereofi and shan have the right to conmu~ upon the leased premises any buildings or other stru~es, provided any tach buildings or structures do not in any way cur~ the use of the airport facilities in their u~ual operations and provided further that any such buildings or structures are approved, in whtiug, by the Sebastian City Council and the P.A~ prior to cornmencem~nt of any constructio such construction shall be in accordance with requirements as well as in accordance with Axlmi,~istration ('~FAA"). (b) The Tenant shall indenmi/y, de/md clahm, losses, damages or liens arising out of (c) All buildings, structures and fixtures a. The Tenant covenants and a~rees that all the local and state codes, regulations aud all requirements of the Federal Aviation and hold the Landlord harmless from any the construction of any such buildings or of every kind now or hereafter erected or placed on the 'leased premises shall~ at the end of the t~rm or earlier termination of this Lease, for any reason~ be and become the property of the Landlord and shall be leflin good condition and repak, ordinary wear and damage by the e~ements excepted, in order to confirm sole ownership 'in the Landlord, the Tenam 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 ~ encumbrances, lien~, and title defects of any kind. AfL, mn'e shall be defined as an article! which was a chattel, but which, by being physically annexed or ~xed to the realty by ~he Tenant and incapable of being removed without structural or functional'damage to th~ realty, becomes a part and parcel of it. Non-fixture personalty owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all tach 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 5 the damages suffered by the Landlord from any such default h~ve be~ 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 a~ its expense. ?. USE OF LEASED PKEMISES. 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 connexdon with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawfiil authorities having j.urisdiction over the leased premises. The Tenant agrees that the leased premises shall be used by *he Tenant primarily for the purposes of a base of operations for aerial applications of pesticides and potential rental of hangar space, and providing aircra~-related services, including refurbishing airplanes. Any use of the leased preraises othm' than those specifically stated above are expressly prohibited without the express written consent of the Landlord. Such consem may be withheld by the Landlord for any reason. Ail aeronautical businesses and activities must be certified and licensed by the FAA in the appropriate categories of their specific operation and shall be in compliance with local field rules. 8. KEPA.IKS AND ALTEKA~TIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any pan thereof during the lease term or any renewal thereof. The Teaan~ agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof) and the parking and service areas located on the leased premises in a good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other oommullity standards ordinances. It is au express condition of this Lease tha~ the leased premises be kept in an attractive maimer at all times. Upon obtaining the prior written consent of the Landlord, which consent may not be unreasonably withheld, the Tenant, at its sole cost and expense, may erect such additional improvememts 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, ,hat such alterations or renovations shall no~ dlsrarb the structural integrity of such existing improvements, and provided that the alterations er renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 9. UTILITIES. The Tenant shall be water, sewer, heat, janitor service or any other the leased premises. The Landlord shall have interruption of; any such services or utilities. responsible for all costs of electricity, lights, dtiIity or service consumed in connection with ~1o liability for the failure to procure, or the 10. SIGNS. The Tenant shall have the fight to ereCt and maintain such sign or signs on the premises as may be permitted by applicable lay,, provided, however, the Landlord must approve any such signs in writing prior to erectidn. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landldrd, are deemed necessary. 11. TAXEs. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefor shall be provided to the Landlord upon request. 12. LIABILITY INS~CE. The T~nant 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, including those portions of the said premises used for driveways, wallav~y% and parking areas. The insurance coverage to be maintained by the Tenant shall contain limits of not less than $500,000.00 for injury or death of any one person and SL000,000.00 for injury or death for any/gne accident, together with $$00,000.00 for damage to property. 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 Council of the City of Sebastian. Landlord will give written notice of any such change to T~t, and such changes will take effect mediately. A.uy po]~ or policies of insurance required pursuant to this Lease shal~ be issued by one or more insurance compares authorized to engage in business in the State of Florida and which have a rating of at least ,~* by A.M. Best and Company and at least a~ AA rating by both Moody's and Siandard and Poors. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in ~h~ Paragraph 12 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shal] name the Landlord as au additional in~ured. Upo~ the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 13. PROPF,_KTY, FIRE AND EXTENDED COVEP~GE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property cazualty, fire and ex-tended coverage equivalent to at a minimum the greater of the assessed value of the improvements to the Leased Premises or any outstanding encumbrances for s~id improvements. Upon request, the Tenant shall provide to the Landlord prove as to a certificate of such insurance with evidence of the payment of the premium therefor. Toe Landlord shall have no obligation to keep the buildings and-improvements o~ the leased premises insured nor shall the Landlord have any obligation to insure any persona~ prope~y used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a ra~ag of at least A* by A.M. Best and Company and at least an A.~ rating by both Moody's and Standard and ?oors. All policies described in this Paragraph 13 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said poIicies 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 withi~ thirty days of notice of the same. 14. DAMAGE OP, DESTRUCTION OF IMPKO~S BY ~ OP, OTI-IEI~ CASUALTY. In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, Se Tenant, at its option, agrees that it win cause said buildint~ 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 Termnt elects to repair and/or replace the building and other improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds p~d to the Tenant on account of such damage md/or destruction nor shall the Landlord have any responsibility or obligation to make my expenditures toward the repair and/or replacement of the building and other improvernents on the leased premises. Provided, however, that all repaired and/or replaced building and other improvemems are repaired/replaced in a manner equal to or better than the being repaired or replaced. [ building/improvement (a) if the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased pren~ises, the LandlOrd shall have two options: '(I) To continue to Lease if less than all[the improvements are destroyed; if the Landlord elects fo continue the Lease, the Landlord shall be entitled to any of the insurance proceeds on account of ~uch damage and/or destruction, after payment of any outstanding mortgages attached'to and occasioned construction of said improvements, [such proceeds to be the sole propemy of the Landlord; or (2) To cancel the Lease', if the Landlori elects to cancel the Leases the Landlord shall be entitled, aider payment of any outstanding mortgages attached to and occasioned by construction of said [',nnprovements, to any insurance proceeds paid as a result of such damage and!or destruction to the building and other improvements on the leased premises. Co) In the event the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased prer~ses, the Tenant shall, at its sole expense, remove ali remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting therefrom. 15. INDE~CATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph 15 shall survive the termination or cancellation of the Lease. 16. ENVIKO~AL MATTEKS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from ankl 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 hazaxdous or toxic materials, substances, pollutants, c°ntaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused'by the Tenant or its sub-Tenants. The presence of said substance or materials on the le~sed premises shall raise the premrnpfion that Tenant is the cause of such presence. This Paragraph 16 shall survive the termination or cancellation oft_he Lease. It is agreed that Tenant will pay for a Level I environmental assessment of the premises prior to zonstra~on. In the event ~at said assessment reveals conditions which mandate a Level II or further assessment, payment for .such further studies shall be the responsibility of the Landlord. 17. ?KEVENTION OF USE OF TI~ 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 Seven of this Lease, by mason 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 Tenant may terminate this Lease by giving Landlord fifteen days notice in writing. If during the first twenty-five years of the term hereof Landlord enacts any rule or regulation, either directly or through an entity to which it delegates or cedes its authority over the airport, which prohibits use of the Leased Premises as a base of operations for aerial 10 application of pesticides and herbicides, the Tenant may terminate this Lease by giving Landlord fifteen days notice in writing. Within fifteen days of said termhaafion, Landlord shall commission a M.A.I. certified appraiser to perform an appraisal of the fair market value of any haug~r constructed at the site by Tenant. Landlord shy pay to Tenant the fair market value so determined within thirVy days of receipt of said. appraisal. The parties acknowledge that the provisions of this paragraph are entered into in lleu of all other legal remedies mad procedures available ia the parties concerning a change '~o tl~s allowed use of the premises during the term of the lease, including an action in inverse corlderrmation, and all other such remedies are hereby specifically waived by the parties. 18. EIvlINENT DOMAI2q. If all or any part of the leased premises shall be taken Under a power of eminent domain by another governmental agency, the compensation or proceeds awarded for the taking of the land, building and/or improvements on the leased premises shall belong to the Landlord, subject to payment of any mortgage attached to and occasioned by construction of said improvements. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall Prevent the Lanfllor~ and/or the Tenant from seeking any md all damages sustained from the condemning authorig~ by reason of the exercise of the power of eminent domain. 19. GO VE'KNiVlENT SEIZUP, E. In the event the United States Government, or may agency or subdivision thereof; at any time during the term of this Lease takes over the operation or use of the airfield ard/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 au additional -Jeriod equal to the time the Tenant has been deprived of the value of this Lease. If the d~ation of the seizure exceeds ninety (90) consecutive day.% either party, at its sole discretion, may terminate this Lease. 20. 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 prohi%ited from charging any such 11 fees, as the use of the Airport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from charg~g such fees as it deems necessary or desirous. 21. DEFAULT IN KENT. 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 Landlor~ then the Landlord shall have the options and privileges as follows: (1) ,Total ~cceleratlon. To accelerate the maturity of the rent installments for. the balance of the term. This option shall be exercised by an insmarnent 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 renu instxllments presently due and payable. .(2) Partial acceleration. In lieu of the option in Sub-paragraph (1) above, the Landlord may, in like mmmer~ 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 no~dce to the Tenant. The exercise of this option shall not be construed as a spli~.ing cfa cause of aetion,'nor shall it alter or affeet the obligations or,he Tenant to pay rent under the terms oft. his Lease for the period un,coted by said notice. (3) Other remedies. Im addition to the option herein 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. 22. DEFAtJLT BY TENIANT. As used in this Lease, the term, "event of default", shall mean any of the following: (~) The failure of the Tenant to i~l~ll any duty or obligation imposed on the Tenant by the Lease, other tha~ the payment of rent; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assigmnent 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 required by this Lease, other than the payment of rent; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgrnem; (e) The Tenants abandonment of any substantial portion of the le~sed premises. "Abandonment" shall be reasonably determined by ~the Landlord; (f) The Tenant or any guarantor of Tenanfs obligations hereunder~ filing a petition for bankn~pt~ or being adjudged bankrupt, insolw bankmpt~ or insolvency law, or admit that it become due, or a receiver or trustee shall be appo of Tenant or any Tenant's obligations hereunder; ~at, under any app~cable federal or state mot meet its financial obligations as they rated for all or substantiany all of the assets (g) The Tenant or an3' guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make au assig{arnent for the benefit of creditors; (h) The Tenant shall do or permit to be. do~ae any act which results i~ a lien being fried against the leased premises or the property whic~ is not released of record within thirty (30) days of the date it is initially recorded in the Public [[ecords of Indian River County. Each party covenants and agrees that ii haS'no power to incur any indebtedness giving a right to a lien of any ldnd or character upon theiright, title and interest of the other party in and to the property covered by this Lease, 'and that no third person shall ever be entitled to any lien, directly or indire~y, derived through or under the other party, or its agents or ! servants, or on account of any act of omission of s~id other party. All persons contracting with the Tenant or fungsh~g materials or labor to said ~enant, or to its agents or servants, as well as all persons whomsoever, shall be bound by thi~ provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same b3~ payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall no~ be deen{ed to be the agent of the Landlord so' as to confer upon a laborer bestowing labor upon the l~ased premises, a mechanic's lien upon the Landlord's estate under the provisions of the Flo thereof; (i) The liquidation, termination, de~th or dis the Tenant's obligations hereunder; ,-ida Statutes, or any subsequem revisions solution of the Tenant or all Guanntors of I3 (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, or the payment of rent. Upon the happening of any "event of de, fault", the l_anrllord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, tinct before the exercise of such option for failure to perform any condition imposed herein upon the Tenant other than the payment of rent, the Landlord shall give written notice of such event of de~ault 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 de,fault. 23. IDENTITY OF INTEKEST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or consU'ued to have the effect of creating between the Landlord and the .Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and r~maln only that of landlord and tenant, 24. NOTICES AND KEPOKTS. Any notice, report,, statement, approval, consent designation, demand or request to be given and any option or election to be ex~rcised by a party under the provisions of tiffs Lease shall be effective only when made in writing and deliyer~d (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: Tenant: City of Sebastian Attn: City Manager 1225 Main Sweet Sebastian, FL 32958 Orth Aero Services, Inc. Arm: Robert Orth 662 Azalea Lane Vero Beach, FL 32963 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 aidress to be furnished to the Tenant. 25. I~IGHT TO I/xlSPECT. The Lardlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased .plemises or any improvement to a property location thereon; .,I Co) To determine whether the Tenant is ~omplying with the applicable laws, orders or regulations of any lawlhl authority having jurisdi~on over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to .an prospective purchaser or tenant during the final sixty (60) days of the lease term, or at any ~ne after either party has notified the other that the Lease will be termina'~ed for any reason. No authorized entry by the Landlord sMll constitute an eviction of the Tenam or a deprivation of i~s fights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant her~ander. 26. OWNEKSI-I~ OF TRADE FTXTURES, SIGNS AND PERSONAL ?RO/~ERTY. At the expiration of the Lease, any and all trade ~mres, signs and personal property, used by the Tenant in the operation of its business, on the leased premises shall remain the Tenant's sole property and the Tenant shall have the right to remove the same provided any damages in removal are repaired by the Tenant at Tenant's sole cost. However, any such property remaining on the Leased Premises more than ft~een days after said expiration shall be deemed the property of Landlord In ease of breach of this Lease by the Tenant, or the termination of the Lease, or any extension hereunder, that may be granted, th{ Tenant agrees to immediately surrender possession of said facilities, and all the buildings, edifices, etc. that are constructed by or on behalf of Tenant. The facilities, buildings, edifices, etc. shall then become the property of the Landlord. 27. HEIGHT/HAZARD RESTRICTION¢. The Tenant expressly agrees for itselfi its successors and assigns, to restrict the height of matures, objects of natural growth and other 15 obstructions on the leased premises to such a height so as to comply with all Federal Aviation Ket~ulations, State laws and local ordinances, rules and regulations now existing and hereinaft~' promulgated. The Tenant expressly agrees for itself; its successors and assigns, to prevem any use of the leased premises which would interfere with or adversely affec~ the operation or maim~enauce of the Airport or otherwise constitute an airport hazard. The Tenant covenants and aclmowledges 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 constim-te m Airport hazard. The Landlord reserves unto itselfi 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. 28. NONDISCRIMINATION. The Tenant for itselfi its personal representatives, successors in interest and assigns, as pan of the consideration hereof; does hereby ooveaant and agree as a covenant nmning with the land that'(i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of~ or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the consm~ction of any improvements on, over or under the leased premises and the famishing of services thereon, no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of; or otherwise be subjected to discrimination; (iii) that the Tenam 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 Secrmary, Pm 21, Nondiscrimination in Federally Assisted Programs of the Depment 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 mediately 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 fight to terminate this Lease and to re-enter and repossess said land and improvements thereon. 29. ASSIG~ AND SUBLETT]AIG. The Tenant shall nm 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 ~f the Landlord, which consent may not be unreasonably withheld. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 30. BINDING EFFECT. The terms an~ provisions of this Lease shall be binding on the parties hereto and their respective heirs, sucOessors, assigns and personal r~presentatives, and the terms of any Addendum attached hereto[are incorporated herein. It is acknowledged that the validity of said lease is subject to its approval by the ]Federal Aviation Administration. 31. APPLICABLE LAW/VENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Ylorida and the terms of this Lease shall be construed mud enforced according to the laws of the State of Florida except to the extent provided by Federal law. THE PARTIES HF. XETO SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY ~UKY IN ANY SUCH LEGAL PXOCEEDING. 32. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing Party shall be entitled to an award o:' reasonable attorneys fees and costs, both at trial mad all appenaie levels, based upon the prevailing rates ofpfivate attorneys in the venue. 33. RECORDING. In no event shall th~ Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. ] 34. MISCELLANEous. The Landlord ~hall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any am required of the Tenant, and the amount of and the value there0~ together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. 17 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. J~ the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon ali revenues, income, rents, earnings md profits bom the leased premises as additional security to the Landlord for the Tenant's faithfizl performance of each of the t~vns and provisions hereof; and to secure payment of all sums owing' to the Landlord hereunder, such hens 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 prop~y, or any other person claiming under the Tenant. Upon the Landlord's temination of the Tenant's ri~hts 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 conrtimte the property c~f the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Laudlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this parasraph 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 a~ Airport Master Plan and the Tenant cownants that he will use the leased premises consistent with thc Airport Master Plan. 35. ~ AGKF~~. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrumerrt, which may be amended, modified, altered, chan~ed, revoked or rescinded in whole or in part only by an instrument in writin~ signed by each of the pardes hereto. Eq WITNESS WHEREOF, the parties h~reto have set thek hands and seals the da3, aud yea¢ first above written. ATTEST: · O~Iallora~ CMC/AAE City Clerk CITY OF SEBASTIAN A Municipal Corporation Approved as to Form and Legality for Kelianee by the City of Sebastian only: ~oh S~r, ci~.~ o,-~ Orth Aero Services, Inc. Corporate Seal: By: lkobert Ortl~ Vice-President 19 .. City of Sebastian' Florida Subject: Florida Department of Agenda No. 0~), l~'-'2-~ Correcfions/Interagency Agreement Department Origin: City Manager Date Submitted: 6-13-00 For Agenda off 6-g8-00 Exhibits: Interagency/Public Works Agreement EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRJATION REQLrIRED: SUM/VIAI/Y The Florida Department of Corrections, is requesting renewal of their Interagency/Public Works Agreement. This work progrsm provides support to the comm~mity as well as a productive oppommity for inmates. RECOMMENDED ACTION Move to authorize the City Manager to execute the Agreement between the City of Sebastian and the Florida Depamnent of Corrections lnteragency / Public Works Agreement. An At~irmative Actiorom~ual Opportuniu Employer 7625 17~b Street, S.W. · V~ro Beach, Florida 32968 · Telephone: (561) 564-2812 · '~AX (561) 564-2880 June 8, 2000 I 1 DEPARTMENT of CORRECTIONS ¢%°bsH l Scerotary MICitAEL W. MOORE http:/twww, dr_state.tl.us 32958 Mr. Terrence Moore City Manager 1225 Main Street Sebastian, Florida Re: Znteragency/Public Works Agreement Dear Mr. Moore, in accordance with Florida S~atute 946.40 and Florida Administrative Code, Chapter 33-601.201 and 33-601.202, the attached agreement is submitted for !your review and signature. The contact persons overseeing t~is program at Indian River Correctional Institution are Mr. J_,IJohnson, Assistant Warden and Lieutenant Linda Cochenour. They ca~ be contacted at 564-2846, and 564-2787, respectively, i I The Department continues to have as one of &ts goals, work programs that provide support for the community as well as productive opportunities for the inmate population. We are pleased to participate with you in this program and request that you contact us, at any time, if you have concerns or questions about the execution of this agreement. Respectfully, Timot go, Indian River Correcti6nal Institution TM/LC/lc cc: Jim Johnson, Assistant Warden FLORIDA DEPARTMENT OF CORRECTIONS INTERAGENCY/?UBLIC WORKS AGREEMENT This agreement made and entered into this 30th day of June 2000 by and between the State of Florida Departmen~ of Corrections's Indian River Correctional Institution, hereinafter referred to as Corrections, and City of Sebastian, hereinafter to as the Agency, is done so in accordance with Chapter s. 9~6.~0 F.S., and Rules of the Department of Corrections, Chapter s. 33- 601.201, F.A.C., Inmate Work Program and s. 33-601.202, Use of Inmates in Public Works The duration of this agreement is from 07/01/00 to 06Z30/01 mo/dy/yr mo/dy/yr Work performed under this local agreement is determined to be value added or cost savings as define~ in the Community Work Squad Manual. X Value Added Cost Savings Corrections agrees to provide for those items so indicated with a check ( X ) to the !eft of each appropriate number. Ail other items are to be marked "N/A" to the left of the number. X Screen the inmates for the Work to be performed to provide a reasonable basis to believe that none present a danger to property or persons. X Provide up to seven inmates each workday for the period of the agreement. Medium custody ( ); minimum custody ( ); both ( xx ). *Refer to Section II (14), Page 4. X Provide one vehicle and one Correctional Officer each workday to transport inmates assigned to the Agency and to provide supervision as agreed herein. X 4. Provide food and drinks for inmate lunches. X Be responsible for the apprehension of an escapee and handling of problem inmates. Provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disruption in the work schedule. X 6. X 7. Be responsible action taken committed while under the supervision of the Agency. Provide for medical treatment for ill or injured for administering all disciplinary against an inmate for infractions inmates and transportation of such inmates. N/A 9. N/A 10. x 11. 12. N/A 13. Conduct a background ckeck, which includes a criminal history check, and obtain approval by the institution/facility Superintendent or designee prior to authorizing Non-Corrections personnel to participate in %raining to supervise! inmates. Provide orientation anD training to non-Corrections personnel approved to sOpervise inmates prior to their assuming supervisory responsibility of an inmate squad. Training will be ini accordance with Corrections' guidelines for non-cor~ections personnel supervising offenders. Provide ref[esher training each successive training year. Notify the Agency in the event one of their employees fails to provide proper ~upervision of inmates. Provide inmates with all personal items of clothing appropriate for the seasbn of the year. Provide inmates for! transportation/work at the appropriate time regardless of temperature or inclement weather, unless notifiSd by the Agency of suspended work operations, or the Department determines that a squad should not check o~t. Other (attached additional page if necessary II. The Agency agrees to provide for 5hose items so indicated with a check ( x ) to the left of each appropriate number. Ail other items' are to be marked "N/A" to th~ left of the number. N/A 1. .h a schedule of hours which led in accordance with the for the Agency and the lUred. Any deviation from the :t be reported, to an agreed to N/A 2. Provide supervision ¢,f inmates in accord with Department of Correctiors Rules and Regulations. Non- Corrections personnel m~.y supervise minimum and medium custody inmates. Eac:h such person must have a background check, whii:h includes criminal history check, and be approved by the institution/facility Superintendent or designee and complete required orientation/training in the supervision of inmates. N/A 3. Provide transportation ¢f inmates to and from work if Provide Corrections wi~ inmates will be wot) established workday transportation time req~ established schedule mu~ by Corrections. X X 5. X 6. N/3% 7. N/A 8. N/A 9. N/A lO. N/A 11. such is not provided by Corrections as agreed to in Section I of this Agreement. Provide all tools, equipment, materials and personal items such as gloves, rubber boots, hard hats, etc., necessary and appropriate to perform the required work. Ensure that when licensing or permits are obtained if required for the work to be performed. Provide necessary supervision and guidance for projects which require a permit which require technical assistance to complete the project. Immediately notify Corrections in the event of an escape while the inmate is under supervision of the Agency. Report any inappropriate behavior displayed by inmates or any inmate who fails to perform' his tasks in an acceptable manner. Record daily the number of hours worked by inmates using forms provided by Corrections and submit the form on a weekly basis to Corrections. Report all inmate injuries to Corrections. Report all inmate injuries, regardless of how minor in nature, to Corrections as soon as practical. Medically related complaints made by an inmate shall be. reported Corrections as soon as practical. In cases of emergency, first aid, within the scope of the supervisor's medical training, shall be provided, request emergency health care assistance, and assistance rendered to Corrections. Provide inmates with a fifteen minute rest break in the morning and afternoon. ~unch breaks shall normally begin at '12 Noon and last at least thirty (30) minutes. Ensure inmates are supervised during rest and lunch Breaks. Provide an employee of the same sex as the medium custody inmate(s) to be immediately available to render assistance in cases where the squad supervisor is of the opposite sex as the inmate. Require each non-Correction person approved to supervise inmates and other appropriate staff members to attend orientation/training in the supervision of inmates prior to assuming supervision of inmates, X 12. X 13. X 14. to attend annual refresher training in the supervision of inmates. Orientation/training to be provided by the Department. Agency hereby agrees to be liable for, and shall indemnify, defend and hold Corrections harmless from all claims, suits, judgements or damages including court cost and attorney's fees arising out of intentional acts, negligence or omissions by the Agency in its supervision of inmates pursuant to this Agreement. If agency is an agency or subdivision of the S~ate of Florida, i this paragraph shall not be interpreted as altering !the state's waiver of immunity in tort pursuant to Section 768.28, Florida Statutes, or to otherwise impose liability on Agency for which it would not otherwise by law be responsible. Ensure that all work ,.assignments/projects utilizing inmates are -authorized .projects of the municipality, city, county, governmental agency or non-profit organization and that private contractors employed by your agency do not use inmates as any part of their labor force. Other special considerations regarding activities of the work squad that may be based on work location, etc. (Attach additional page(i) if applicable). ~This agency requests the use of a work squad four times a month or on an as needed basis for the Police Department and four time:~ a month or on as.needed basis for the Public Works Dep~.rtment. The Department or the Agency may suspend this agreement or terminate this agreement with immediate notice, in whole or in part, when the interests of the Department or Agency requires such termination. Agreed to and signed this day of , 20 Florida Department of Corrections Services City of Sebastian Name of Agency Receiving Name: Name: Tit~e: Title: Name: Name: Title: Title: City of Sebastian, Florida Subject: Authorization by City Council to Sell Vehicle #95, GMC 7000 VAC Truck at auction on Saturday, July 15, 2000. Exhibits: Nolle EXPENDITURE RBQUIRBD: N/A Department Origin: Finance~.~-'~ Date Submitted: June 22, 2000 For Agenda of: June 28, 2000 AMOUNT BUDGETED: N/A APPROPRIATION KEQUII~D: N/A SUMMARY pUrsuant to Code Section 2-93, the City Manager, via a recommendation by the D/rector of Public Works has determined that the VAC Track, purchased in November 1998 from Indian River County is obsolete and is to be sold at auction. The vehicle has continually broken down, has had pumps replaced and cost the City over $10,000 in repairs over the past two years which provided approximately three months worth of working time. The vehicle was purchased in November 1998 for $25,050. The depreciated value on a straight- line basis with au estimated life of five years is 17,117.50. In accordance with City Code Section 2-93, personal property with a depreciated value in excess of $4,000 must be approved by City Council. RECOMMENDED ACTION Recommend approval to dispose of the Vehicle #95, Roads & Drainage VAC Truck via auction on July 15, 2000, pursuant to City Code Section 2-93. I City of Sebastian I225 Main Strut · Sebasfian~ Florida 52958 Telephone (561) 589-B~50 FAX (561) 589-5570 Subject: Request for usc of Rivcrvicw Park Approveddfor Submitta~ Manager Exhibits: Letter Dated May 24, 2000' Expenditure Required: Agenda No. ~./~'~ Department Origin: City 'C1erk ~ Date Submitted: 6/19/00 For Agenda of: 6/28/00 Amount Budgeted: Appropriation Required: SUMMARY STATEMENT A letter has bern received from Faith Hopkins~ Secretary of the Craft Club requesting use of Rivervigw Park on the following dams for their Craft Shows: October 7, 2000 - Raindatc October 8, 2000. November 4, 2000 - Raindate November 5, 2000 December 2 & 3, 2000.(Two Day Show) January 6, 2001 - Raindatc January 7, 2001 February 3, 2001 - February 4, 2001 March 3, 2001 - March 4, 2001 April 7, 2001 - April 8, 2001 May 5, 2001 - May'6, 2001 These dates do not conflict with any other events occuring in the park. ]~ECO~/IENDED &GTION Consider thc request and act accordingly. I i I I City of Sebastian Sebastian, Horid~ 52958 Teleph~e (561) 589-5350 Subject: Request for use of Rivexview Park Approve~ for Submittal~ Manager Exhibits:' Letter Dated June 21, 2000 Expenditure Required: Department Origin: City Clerk~-.. Date Submitted: 6/21/00 For Agenda of: 6/28/00 Amount Budgeted: Appropriation Required: SUMMARY STATEMENT A.letter has.beea received from Lisa A. Zahner, Program Coordinator for Keep Indian River Beantififl, requesting use of Rivcrview Park for an Art and Craf~ Show the weekend of October 14 and 15, 2000 and also on a weekend as',yet'undctcrmined in 2001 that will be coordinated with thc City Clerk's Office. They will require elcc~city at these events. REC_O~E N D EI~_~CTI O1~ Consider the request and act accordingly. KEEP INDIAN RIVER BEAUTIFUL City Council City. of. Sebastian 1225 Main= SL Sebastian, FL 32958 June 21,2000 America Beautiful, Ir~, To the Mayor and Sebastian City Council M~mbers: 'In May '1998, the council approved a request for Keep Indian River Beautiful to sponsor art and crafts shows in October 1999 and February 2000, put on by American Craft Endeavors. The shows were very well-received and, in addition to filling Riverview Park with art and live, acoustic music for two weekends, brought hearty 100 exhibitors into town to spend money in the local hotels, restaurants and stores. Also, the $3,000 raised from these b4,o .shows in FY 1999-2000 has helped fund KIRB's litter ~educfion, beautification, neighborhood revitalization and recycling education Programs throughout the county, including Sebastian. As you may or may not know, KIRB will be operating without a major ($22,500) grant from the Florida Department of Environmental Protection in FY 2000-2001, since that community-based program was cut statewide in the budget recently signed by Governor Jeb Bush. The loss 'of that funding, which accounted for 27 percent of KIRB's projected revenues,. makes events like .the American Craft Endeavors show even more crucial to KIRB in the coming year. i In light of this need and due to the success of the two previous events, American Craft Endeavors has agreed to brtng its quality art and craft show to Sebastian again the weekend of October 14 and f 5. We would like to request the City Council's permission to use Riverview Park on those dates for that purpose. We would like to present another show in the spring also, but we do not have the exact dates at this time. We will bring those dates to you as soon as possible. Thank you for considering our request. P/ease call me at (56'0 978-0722 if you have any questions. We will have a representative at the June 28 Sebastian City Council meeting when this item is placed on the agenda. The Board of Directors and staff of Keep Indian River Beautiful appreciate the City of Sebastian's continued support of our prograrns and look forward to working with you in the future. E O. Box 973 · Vero Beach, FL 32961 Sincerely, Lisa A. Zahner KIRB Program Coordinator City of Sebastian, Florida Subject: Ordinance No. O-00-16 Amending Code of Ordinances Section 78-30, Community Redevelopment Trust Fund Agenda No. Department Origin: Finance App~~anager Exhibits: Ordinance No. 0-00-16 · Memo dated April 25, 2000 from Finance to City Manager explaining the Rlverfront Redevelopment District. Copies of parts of F.S. 163.387 governing Redevelopment Districts · Summary of Changes to Code Section 78-30 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A REQUIRED: N/A N/A Date Submitted: June 5, 2000 For Agenda of: June 28, 2000 SUMMARY On May 24, 2000, the Community Redevelopment Agency met and voted to bring forth an amendment to Code Section 78-30 to clarify certain wording, establish the life of the Redevelopment Agency and set forth exempt entities in accordance with F.S. 163.387. On the same night, the City Council approved Ordinance O-00-16 for second reading on June 28, 2000. Following is a recap of the amendments to Code Section 78- 30 and additional information can be found in the accompanying documents. A Redevelopment District has two functions, one, to put the ad valorem taxes collected in the district back into the district for the purpose of maintaining the area and for, two, redevelopment. In addition, Florida Statutes allows for those taxing districts which would not benefit from or whose only source of income is fi.om ad valorem taxes to be exempted from collection. The bulk of the amendments to the ordinance provides exemptions to those taxing authorities as well as, clean, up some of the language in the Ordinance. Attached please find justifications for the exemptions, parts of the Statute governing the exemptions and a copy of the Finance DeparUnent's memo to the City Manager explaining the Riverfront RedeveloPment District which you have received before. RECOMMENDED ACTION Move to adopt Ordinance O-00-16. ORDNANCE NO. O-00-16 AN ORDINANCE OF ~ CITY OY SEBASTIAN, COUNT, IrLOll~A, AMENDING SECTION 78-30 OF ORDINANCES, COMMU~ REDEVELOPMENT PROVIDING FOR CONFLICT; PROVIDING FOR PROVIdiNG FOR AN EFFECTIVE DATE. INDIAN RIVER ~ CODE OF TRUST FUND; SEVERABILITY; WHEREAS, the City has a community redevelopment trust fund pursuant to ordinance, and the vernacular establishing the same is not consistent with the requkements of state law; and WHEREAS, state law allows for the exemption of certain taxing authorities ~om the provisions for tax increment financing for community redevelOPment districts, and it is in the best interest of the citizens of Sebastian that certain exemptions be grantbd; NOW, THEREFORE, BE IT ORDAINEDI BY THE CITY COUN~ OF THE CITY O]F SEBASTIAN, INDIAN RIVER COUNTY, FlORiDA, as follows: Section 1. That section 78-30 of the Cod~ hereby amended to read as follows: Sec. 78-50. community redevelopment tru of Ordinances, City of Sebastiar~ Florida is ~t fund. (a) There is hereby established and created in accordance with the provisions of F.S. § 163.3 $7, a community redevelopment trust fund, hereafter referred to as the "Fund". The monies allocated to and de..~osited into the Fund are hereby appropriated to the City of Sebastian Community Redevelopmem Agency, hereafter referred to as the "Agency", to finance projects within the community redevelopment .district i~ o~gbli~h~ byA~,solution No. R-95-12 project area, hereafter referred to as the ~x>~ojeet" "District". The Agency shall utilize the monies and the revenue paid into and earned by the Fund for all and every community development purpose delegated ito it by the established community redevelopment plan, hereafter referred to-as-the "plan", and as further provided by law. The Fund is to exist for thirty (30)_~lg'~! the-duration of the proje~ programs or until legally terminated by ordinance. Said monies shall be held by the city for and on behalf of the Agency and distributed!to the Agency in accordance with a subsequent agreemem to be established betw4en the city and the Agency (c) There shall be paid into the Fund each year by all taxing authorities within the proj~, Distric[. excluding the school district, following entities: Floridalrdand Nllyigation Di~lri~t l, ladian River County MosquitQ Control Di~rict ~dianRiver CQ~nl~Ho~it~[ Maintenanc~ District ~ctxool District, ~1 ~ciated g~ner~l obl~gati~l~ debt fun~0~ by ad valoremtaxes Indian River GOul~ty Land Acqtlisition Bond ~neral Qbligation D~l>t l~rll~rgenc, v Serv/~s Dependell~ Taxing Di~rict St. Johr~ River Watol' Managem~'~,t District Sebastian inlet Tard~g~District the incremental increase in ad valorem taxes levied each year by the non-exer~t above re~erex~oed taxing authorities over the amount of ad valorem taxes levied by the lnon-exerllpt referenced taxing authorities in the base year, as established in subsection (e) below. (d) The tax roll used in connection with the taxation of such property for the base year shall be the tax roll of 1994 in Indian River County. All deposits into the Fund shall begin with the incremental increases in ad valorem tax revenues received subsequent to November 1, 1995. (e) The tax increment shall be determined and appropriated annually in an amount equal to the difference between: (1) That amount of ad valorem taxes levied each year by all non- ~lempt taxing authorities, excluding the school district, on taxable real property contained within the geographic boundaries of the District ~; and (2) That amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for all non-exerrlpt taxing authorities, excluding-the school di~}rict, upon the total of the assessed value of the taxable property in the Distrie~t proje~, as shown upon the 1994 assessment roll used in connection with the taxation of such property by all rlgn-exempt taxing authorities, exclt,~ting the school ~i~zt. If any conflict occurs between the provisions of this section and the provisions of F.S. Chapter 163, Part IH, concerning tax increment financing, the statutory provisions shall control and apply to this section. (g) The tax increment shall be computed by using the assessed value of taxable property in the Distfi~ project for the year 1994 as the base, and in subsequent years using the assessment value of property iin the District pr-oj~ for that year as the second factor in determining the amount 0ftax increment in that year. (g) All noo-el~elllpt taxing authorities ~-e~tuding the school district, will annually appropriate to the Fund the aforesta~ed sum at the beginning of their fiscal year. The Fund shall receive the tax increment above described only as, if and when ~uch taxes may be collected by-tha taxing au~ofifies no later ~ December 31 1>~' each y~gr as.provided by Florida S~tutg. The taxing authorities' obligation to annually appropriate to the Fund shall commence immediately upon the effective date :of Ordinance No.0-95-08 and continu~ for thir[y (30) yeal'S, or such other time I~s e~ended ~I ~h~>r~lled by law until ~1t loans, advances-and indebtedness, if any, and interest thereon, inotar-ed by the Agency as a result of the project have l~een paid and only-to the-extent that such tax-increment recited above accrues. Section 2. are hereby repealed. (h) The Agency with the approval of the city Council is directed to establish and set up the Fund and to develop and promulgate rules, regulations and criteria whereby the Fund may be promptly and effectively administered, including the establishment and the maintenance of books and records and adoption of procedures whereby the Agency may, expeditiously and without Undue delay, utilize said monies for their allocated statutory purpose. (i) The Agency accepts full responsibility for the receipt, custody, dJsbursemem, accountability; management and proper application of all monies paid into the Fund subject to the provisions of subsection (b) of this section. CONFLICT. All ordinances or partS'of ordinances in conflict herewith Section 3. hold or determine that any part of this Ordinance is the Ordinance shall not be affected and it shall be pr~ SEVERABILITY. In the event a court of competent jurisdiction shall nvalid or unconstitutional, the remainder of ~sumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain Section 4. EFFECTIVE DATE. by the City Council. in full force and This Ordinance shall take effect upon its adoption The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James ~dl Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this 21st day of June, 2000. CITY OF SEBASTIAN, FLORIDA by CoUncilmember and, ATTEST: Kathryn M. O~alloran, MMC/AAE City Clerk By: Walter Barnes, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney MEMOKANDUM OF INFORMATION DATE: TO: FROM: RE: April 25, 2000 Terrence R. Moore, City Manager Mark C. Mason, CPA, Director of Finance Riverfront Community Redevelopment Agency and Trust Fund During the closing of the CDBG grant and subsequent audit, it came to the attention of City staff that a Community Redevelopment Agency was established in 1995 for the Indian River Water Front Area for the purpose of securing the CDBG grant for the Riverfront Park, sidewalk and light poles. The actual description is included in the ordinance accepting the redevelopment plan which has been recently codified in the Code of Ordinances Sec. 78-30. BACKGROUND: On March 22, 1995, the City Council, by ordinance 0-95-08 (see Sec. 78-30, Code of ordinances), established a Community Redevelopment Trust Fund ix~ accordance with Florida Statute Chapter 163. At the same time the Indian River Community RedevelOpment Agency was created designating the City Council as the Agency. Resolution R-95-12 establishec~ the condition of blight finding gud Resolution R-95-17 accepted a redevelopment plau (attached). Community Redevelopment Agencies are good for thirty (30) years unless dissolved sooner. The purpose behind redevelopment agencies is to provide a designation of an axes under Florida Statute whereby the Agency may accumulate ad valorem taxes ~om taxing authorities to be used in the redevelopment of au area of interest to a community. ~ the case of Sebastian, the Riverfront area. 1 Redevelopment Agencies generally are the governing c~uncils of a community, however, some designate a group of individuals to serve as the redevelopment agency with the power to approve spending, plans of actions, etc. and are required to meet ~eparately by notice and have recorded minutes accordingly. Sebastian's Kedevelopment Agency is the City Council, however, during the various stages of the CDBG project, a committee was established to provide direction. FUNDING.' I The funding sources for Redevelopment Agencies are ty ~ically ad valorem tax revenue from those taxing authorities which tax property values in the City acluding the City and are proportionately rated according to millage rates. Generally, special taxing dis~ ricts which are authorized to levy taxes in more than one county are exempt by Florida Statute, i.e. Florida iuland Navigation District and St. Johns River Water Management District as well as the School Board The Ordinance specifies the taxing authorities which the City will collect Ad valorem tax revenues fi:o: aa as well as those which are exempt. Florida Statute further gives the City authority to exempt other l~,~cal taxing districts that the City can not reasonably justify collection from or that the Ad valorem taxes are their only means of revenue, such as the hospital districts, the emergency medical districts and the mosquito control district. In all cases, unused funds are refunded back to the taxing authority at fiscal year end. From the beginning, the Redevelopment Agency has not been funded for whatever reason by the City nor any funds collected from the above mentioned taxing authorities. However, the time has come to begin ftmding the Riverfront Redevelopment Agency and use those funds to pay for some of the costs associated with the Riverfront, such as, lighting for the new lights, operating costs for repairs to the sidewalk as well as the park, and many other uses which would benefit the Riverfront area, i.e. redevelopment. The ad valorem tax amount collected from each agency, including the City, is based upon the annual adopted millage rate by the taxing authority multiplied by 95% of the difference between the current year's gross taxable value for the redevelopment area and the base value established by the ordinance, in this case the base value is for 1995. This is called Tax Increment Financing. Generally, the City bills each qualified taxing authority in September or October of each year with payment to be received no later than December 31. A separate Special Revenue fund is required to be established for such revenue and expenditures. Capital projects funded by these tax increment revenues are accounted for in the Capital Projects funds. The tax increment financing will provide an alternate source of revenue for the Riverffont. The amounts are not much, appro×imately $20,000 total, however, it is a start. CURRENT srrUATION: After reviewing all the files that the Finance department has on the subject, as well as discussions held with others, it is necessary that a meeting of the Agency be held so that staff may update them on what we need to do to continue and fund the redevelopment trust fund in the upcoming budget year. The Finance department has reviewed all the facts surrounding the taxing districts in the area and has concluded that the City can not reasonably justify billing and collecting ad valorem taxes from any of the special or local districts. That would leave the City and the County's General fund as the only remaining revenue sources in a 51%/49% ratio, respectively. This will necessitate amending the ordinance to exempt all districts except for the County, which must first go before the Agency for approval and subsequent submission to the City Council for adoption. If you need additional information regarding the Redevelopment Agency, please let me know. L63.387 Redevelopment trust fund. DASIS (d)l. A local governing body that creates a community redevelopment agency under s. 163.356 may exempt from paragraph (a) a special district that levies ad valorem taxes within that community redevelopment area. The local governing body may grant the exemption either in its sole discretion or in response to the request of the special district. The local governing body must establish procedures by which a special distric~t may submit a written request to be exempted from paragraph (a) within! 120 days after July 1, 1993. 2. In deciding whether to deny or grant a special district'~s request for exemption from paragraph (a), the local governing body nlust consider: a, Any additional revenue sources of the community redevelopment agency which could be used in lieu of the special district's tax increment. b. The fiscal and operational impact on the community redevelopment agency. c. The fiscal and operational impact on the special distric d. The benefit to the specific purpose for which the speci; created. The benefit to the special district must be based projects contained in the approved community redeveloprr designated community redevelopment area. e. The impact of the exemption on incurred debt and wh~ exemption will impair any outstanding bonds that have pie revenues to the repayment of the bonds. f. The benefit of the activities of the special district to the community redevelopment plan. district was on specific ~ent plan for the ther such dged tax increment approved g. The benefit of the activities of the special district to the area of operation of the local governing body that created the community redevelopment agency. lPage 1~ 3. The local governing body must hold a public hearing on a special district's request for exemption after public notice of the hearing is published in a newspaper having a general circulation in the county or municipality that created the community redevelopment area, The notice must describe the time, date, place, and purpose of the hearing and must identify generally the community redevelopment area covered by the plan and the impact of the plan on the special district that requested the exemption. 4. If a local governing body grants an exemption to a special district under this paragraph, the local governing body and the special district must enter into an interlocal agreement that establishes the conditions of the exemption, including, but not limited to, the period of time for which the exemption is granted. 5. If a local governing body denies a request for exemptio~ by a special district, the local governing body shall provide the special tistrict with a written analysis specifying the rationale for such denial. ['his written .lysis must include, but is not limited to, the following ir~formation: A separate, detailed examination of each consideration listed in . .sub .p..aragraph 2. . ~.~! xeGeve~opmenc trust tune. SIS IPage 2j b. Specific examples of how the approved community redevelopment plan will benefit, and has already benefited, the purpose for which the special I c~it~ite~i~i~itte~:ither deny or grant an exemption must be made by the local governing body within 120 days after the date the written request Was submitted to the local governing body pursuant to the procedures established by such local governing body. 163.387 9ASIS Redevelopment trust fund. (2)(a) Except for the purpose of funding the trust fund pursuant to subsection (3), upon the adoption of an ordinance providing for funding of the redevelopment trust fund as provided in this section, each taxing authority shall, by January 1 of each year, appropriate to :he trust fund for so long as any indebtedness pledging increment revenues to the payment thereof is outstanding (but not to exceed 30 years) a sum that is no less than the increment as defined and determined in subsection (1) accruing to such taxing authority. If the community redevelopment plan is amended or modified pursuant to s. 163.361(1), each such taxing authority shall make the annual appropriation for a period not to exceed 30 years after the date the governing body amends the plan. (b) Any taxing authority that does not pay the increment to the trust fund by January 1 shall pay to the trust fund an amount equal to 5 percent of the amount of the increment and shall pay interest on t~e amount of the increment equal to :1 percent for each month the increment is outstanding. (c) The following public bodies or taxing authorities crealed prior to July 1, 1993, are exempt from paragraph (a): :]. A special district that levies ad valorem taxes on taxal~le real property in more than one county. 2. A special district the sole available source of revenue Of which is ad valorem taxes at the time an ordinance is adopted under this section. 3. A library district, except a library district in a jurisdiction where the community redevelopment agency had validated bond~ as of April 30, 1984. 4. A neighborhood improvement district created under t~e Safe Neighborhoods Act. 5. A metropolitan transportation aUthority. 6. A water management district created under s. 373.069. Page Summary of Changes to Code Section 78-30, Redevelopment and Provision for Exemptions of Taxing Districts. The minor changes to the Ordinance provide for changing the word 'project' to 'dislrict'. This is being done to specifically indicate that the Ordinance is referencing a redevelopment district as provided for in the Florida Statutes. In additio~ we are restating Section 78-30 (g), to conform w/th Florida Statutes by stating the time that the ad valorem taxes must be paid to the redevelopment trust ftmd, no later than December 31, of each year. Also, we have specifically designated the redevelopment trust fund to exist for thirty (30) years, and struck Provision for Exemptions for Taxing Districts: Even though F.S. 163.387, identifies those entities who are automatically exempt from the tax increment financing, we feel it is prudent to identify them in the ordinance to prevent any misunderstanrllngs in the future. In all areas, we have changed the wording, excluding the school district, to "except excluded taxing authorities". Following are the proposed exempt taxing authorities, other than the original school board. The School Board is already exempt. Some of these taxing districts notified the City in 1995 that they were either exempt or wanted to know how they could go about requesting an exemption. I can not find any reference, other than a letter stating we would not be funding the district in 1996 to show that the City complied with the requests. In any event, there is no other correspondence after this notification and, therefore, we will propose these exemptions now and subsequently notify them. Florida Inland Navigation District- F.S. 163.387 (2)(c)(1) exempts all taxing districts whose tax is derived from more than one county. The FIND district encompasses several counties within our immediate St. Johns River Water Management District- F.S. 163 387 (2)(e)(1) exempts all taxing districts whose tax is derived from more than one county. The SJ'RWMD encompasses most counties along the St. Johns River. Sebastian Inlet Taxing District- F.S. 163.387 (2)(c)(1) exempts all taxing districts whose tax is derived from more than one county. This district encompasses Indian River and Brevard County. Indian River County Land Acquisition Bond General Obligation Debt- F.S. 163.387 (1)(b) exempts from tax increment financing any ad valorem taxes which is used to pay off general obligation debt, which is voter approved debt to use specifically identified ad valorem taxes as collateral and a funding source to pay down bond debt. Inditm River County Hospit~ Maintenance D/str/ct - This district derives most of its revenue from ad valorem taxes, however, under F.S. 163.387 (2)(d), it is incumbent upon the City to prove need of this source as well as the benefit to the district by providing it. From an analytical point of view, the redevelopment district,could use the revenue, however, 1:hat revenue would not provide any real benefit to the Indian River County Hospital Maintenance District since there is nothing we can do in the redevelopment district which would enhance the Hospital district. Therefore, we propose exempting this district from the tax increment financing. Indian River County Mosquito Control District - This ~tistrict derives most of its revenues from ad valorem taxes, however, under F.S. 163.387 (2)(d), it is Incumbent upon the District to prove need of this source as well as benefit to the district who is providing it. The redevelopment district could use the funds provided from this district and may provide a benefit from it by chan~ng the'breeding grounds of mosquitoes through redevelopment. It is, however, more practical for the Mosquito Control District to use the small amount of funds generated from the tax incrc~r mosquitoes. Their knowledge and help in providing au redevelopment would go much further than the rninor au district. Therefore, we propose exempting this district Emergency serVices Dependent Taxing District - Aga~ ent towards doing what they do best, control ~xpertise in mosquito control through taunt of funds provided to the redevelopment om the tax increment fiuancing. this district derives at least 98% of its revenues from ad valorem taxes. After analyzing the Riveffront and any potential redevelopment, we can see no benefit which the Emergency Services District would accrue by providing funding to the redevelopment district. Even though the Emergency Services District derives some revenue from Advanced Life Support (ALS), we believe, the district is in essence deriving all 0f their revenue from ad valorem taxes and recommend exemption from the tax increment according to F.S. 163.387 (2)(c)(2). There is no lasting affect by the exemptions listed above since either by law or by failing substantive tests listed in the Statutes, they would be exempt anyway. All of the funding will come from the City of Sebastiau and indian River County in a 51%/49% percent ratio. The following shows the revenue which would ha~e gone to the redevelopment district in FY 99/00 had it been funded. Base Year 1994 Taxable Value Sebastian $34,959,870 Indian River County .$34,959,870 Taxable Value 1999-2000 Tax Year $48.787.430 $48.787.430 Difference $13,827,560 $13,827,560 Times 95% (F.S. 163.387(1)) $13,136,182 $13,136,182 Times Ratio x 51% x 49% Taxable Amount $ 6,699,452 Times the millage rate x .005 Tax increment to the Redevelopment District ~; 33.497 $ 6,436,730 x .0040855 City of Sebastian Subject: BOARD OF ADJUSTMENT AAprovF~l for Submittal by: City Manager Exhibits: application, board member list, advertisement Expenditure Required: / Amount Budgeted: J Department Origin: City Clerk Date Submitted: 6/19/2000 For Agenda of: 6/28/2000 Appropriation Required: SUMMARYSTATEMENT The Board of Adjustment has a regular member position open due to the term expiration.of Gregory Gore. This was advertised as required, and one application was received from Harry Marshall who is presently an alternate member and would like to be considered for the regular member position. RECOM~/IE.I~DED ACTION Interview applicant, unless waived by council, and appoint.as follows: 1. One regular member position - term to expire 6/1/2003 APPLICATION TO SERVE ON CITY I~O. ARD/COMMiTTEE (All City Board and Committee Members Must be Residents of the City of Sebastian)'~:~ ~ o HOMEPHONE: ~-~ 7 ,~/3~ HOMEFAX: E-MAIL: ;~ r- -- BUSa,mSS.ADDP,~S: ~ O. ~ ~4- 7 ~' 0 ~t -/ ~,' BUSINESS PHONE: A~E YOU ^ mmmTm.m VOTIng? ' HOW LONG HAVE yOU BEEN A RESIDENT OF SEBASTIAN? ....... .. DO YOU CTTRREN'U~Y' HOLD ANY PUBLIC OFFi,~? "~L~re~.~--Fe. ~'~e.,.,., 6~,t. /do/~,..t oP ,4J./.'.~"t",.,, e.,,.-r 'DO YOU I'mmSNTLY S~VE ON XNY oTmm crn' BOaaD OR COUp. T~m va-ricH BOmmS/CO~? /3 o ~ r~ ~ o ~> f4 ol, us ~ ~ e ~, * PLEASE CHECK THE BOARDS ON WHICH YOU ARE ~TED IN SERVING IN ORDER OF PR.EFERENCE WItH FIRST CHOICE BEING #1: CHARTI~ REVIEW COMMrrTEE (s~rws only 6 months =very 7 y~r~) CrlIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-k'TVALUATION COMMrrTEE PLANNING AND ZONING COMMISSION POLICE P. ETIR.EMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD OTHER TEMPORAKY COMMFrTEE (WRITE m COMMrrrEE NAME) PPLICABLE EDUCATION AND/OK EXPEI~MCE: (attach s~pmmm rcs-amc if n~essary) REAsoNs FOK WANTING TO SERVE ON BOARD OK COMMITTEE: I h~-~ certify that I am qualiti~ to bola th~ pos~on for ~Mch this application is made. Further, I hm'eby auth°riz~ th~ City of Sq~n to inv~sfigat~ tlz ~ of all information wMch I have, provided in this application. I und~tand tha any mism-pr~mtafion or ommism'on of information r~qu~sted in this application is cause ~or diScl~lificafion. I lmv¢ b~n provid~i wi& r~d' and ~~ Ci~ ofS~ C~ of~m~ S~fiom 2~166 ~ou~ Subscfib~ md ~m m b~o~ mc ~ - ~ o~ ~ , by ~ ~:, ~ v. ROUSS~U {~ EXPIRES: MB~ 18,2~2 [ ~, mrna' ,0,?,, T ~",~'"-~'z~,' I I I I I I I i i i i I \wp-form~applicr~.wpd rev. 415199 - I HAVE YOU EVER. BEEN CONVICTED OF ANY FELONY IN THIS ,OKANY STATE? m,v~ YOU sv~ wo~ YOU c~sm~ s~o ON ~o~? ~ 0 '. f. : ..... LIST, ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR. COMMITTEE: I i I i I i I i I I I I I I i I I I Ha~3~ 825 Bailey Drive Sebasfia~ FL 32958 Marshall Phone (561) 589 5139 F~x (561) 589 4'/37 E-mail TAXAUTH OILITY(~AOL.COM To be appointed as a member of the Board of Adjustment 2000- Present The Tax Authority Inc. President, Owner Sebastian Florida 1991 - 2000 Internal Revenue Service Senior Revenue Officer Bankruptcy Tax Fraud Coordinator Philadelphia Pennsylvania 1987- 1991 U.S. Army Financial Counselor Ft. Monmouth New Jersey 1980 - 1982 Department of Transportation Madison Wisconsin Motor Vehicle Rep. I 1975 - 1980 Correctional Officer Bureau of Prisons Oxford Wisconsin 1968- 1970 Paul Smith's College Associates Degree / Liberal Arts 1971 - 1973 S.U.N.Y Plattsburgh Bachelor Degree / Psychology 1990- 1991 MBA-'12 credi~ 1991-2000 Monmouth University Internal Revenue Service Basic Training for Revenue Officers Communication & Negotiation Skills Training Investigative Techniques Security Awareness Training Advanced Level Teclmical Training Paul Smith's New York Plattsburgh, New York Monmouth, New Jersey Philadelphia Computer Familiarization Association of Certified Fraud ] xaminers Treasure Coast Florida Society ~fEnrolled Agents Sebastian Lions Club American Legion B.P.O.E. Lodge 2714 Alternate member Sebasti~ Bo~ ~rd of Adjustment NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 3/1;2000 AND WILL BE REVISED AT THE BEGINNING OF EACH MONTH. MEETINGS ARE HELD ON THE FIRST TUESDAY OF EACH MONTH AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, GREGORY j, GOKE 331 BELFAST TBKRACE SEBASTIAN, FLORIDA 32958 589-4565 HOME 589-0055 BUSINESS BOARD OF ADJUSTMENT THREE YEAR TERMS APPOINTED KEGULAR MEMBER POSITION: 6/96 TERM TO EXPIRE: 6/97 REAPPOINTED KEGULAK MEIVlBER POSITION: 8/27/97 TERM TO EXPIRE: 6/I/2000 JAMES G. SCHM1TZ 937 STARFLOWEK AVENUE SEBASTIAN, FLORIDA 32958 355-1493 (CURRENCY IST FULL TERM - 4TE REGULAR MEMBER YEAR) APPOINTED UNEXPIRED KEGULAK MEMBER POSITION OF FKANK OBERBECK: 2/98 'I]~RM ~ ~IR.E~ 6/99 P, EAP?O]NTED TO REO~ -MEMBEK POSITION 6/23/99 TERM TO EXPI~: 6/2002 ' '(CURRENtlY 1ST FULL TERM. 3RD REGULAR MEMBER YEA, K) KEITH MILLER 961 RIVIERA AVENUE SEBASTIAN, FLORIDA 32958 388-9004 (ALTERNATE TERMS AND YEARS NOT COUNTED) (NO FULL TERM - 1ST P,~EGULAK MEMBER YEAR) APPOINTED UNEXP~ ALTERNATE MEMBER POSmON OF BOB FREELAND: ' 2/98 TERM TO EXPIRE: 6/99 APPOINTED TO. UNEXPIRED REGULAR TERM VACATED BY ANDREW ALLOCCO: TERM TO EXPIRE: CLIVE M, BECK'WITH 465 LIGHTHOUSE AVENUE SEBASTIAN, FLOR]DA 3295g 38gm0414 HOME APPOINTED ALTERNATE MEMBER POSITION: 6/96' TERM TO EXPIRE: 6/99 APPOINTED REGULAR MEMBER POSITION VACATED BY ROBERT CKOCKETT: 6/23/99 TERM TO EXPIRE: 6/2002 3/24/99 6111206 ~ (ALTERNATE TERMS AND YEARS NOT COUNTED) (NO FULL TERM - 1ST REGULAR MEMBER YEAR) 75 LOUISE KAUTENBUP,.G 9~ OSWEGO AVENUE SEBASTIAN, FLORIDA 32958 5Ng-gg23 HOME APPOINTED ALTERNATE MEMBER POSITION VACATED BY CLIVE BECKVvTrH: 7/28/99 TERM TO ExPn~: 6/2002 APPOINTED .TO KEGULAK MEMBER POSITION VACATED BY RONALD DEVITO: 1/12/2000 TERM TO' EXPIKE: 6/1/2001 (ALTERNATE TERMS AND YEARS NOT COUNTED) (NO FULL TERM. IST P, EGULAK M~MBER YEAK) PAUL 1L DUFFY 470 PERIWINKLE DRIVE SEBASTIAN, FLORIDA 32958 589-3245 APPOINTED ALTERNATE MEMBER POSITION VACATED BY KEITH ME,LEIS. ' 7/28/99 TERM TO EXPIRE: 6/2002 (ALTEPuNATE T'ERM~ AND YEARS NOT COUNTED) 82~ BAILEY DRIVE SEBASTIAN, FLORIDA 32958 589-5139 HOME 5894737 FAX .APPOINTED ALTEKNATE MEMBER :POSITION VACATED BY LOUISE iKAUTENBURG: 2/9/20o0 ITERM TO EXPIRE: 6/2002 (ALTEKNATE TERMS AND YEA.KS NOT COUNTED~ BOARD sECRETARY - ~ BP, ACK City of Sebastian. 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570 MAY 30, 2000 PRESS RELEASE .BOARD OF ADJUSTMENT THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL A REGULAR MEMBER POSITION ON THE BOARD OF ADJUSTMENT. QIJALI~CATIONS: P~SIDENT OF THE crrY OF SEBASTIAN THIs BOARD MEETS THE FIKST TUESDAY OF EACH MONTH AT 7:00 P.M. IN TI-IE COUNCIL CHAMBF3,S. APPLICATIONS AKE AVAILABLE IN THE CITY CLEKK'S OFFICE, CiTY HAI~, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 .A.M. AND 4:30 P.M. AND WILL BE ACCEPTEDTHROUGH FRIDAY, JUNE 9, 2000. I I I City of Sebastian, Florida ~v~. CONSENT AGENDA TRANSMITTAL Agenda No. OO.tGq Subject: Skydive Sebastian sublease; parachute packing shop Date Submitted: 6/15/00 For Agenda of.' 6/28/00 EXPENDITURE REQUIRED: 0 AMOUNT BUDGETED: 0 APPROPRIATION REouIRED: 0 S~Y: The City's written approval is required for any sublease,from an airport tenant. This sublease is within the character of the leased facility and presents no public interest problems for the City RECOMMI~NDED ACTION: Adopt Resolution R-00-35 granting .approval to the sublease between Skydive Sebastian and Lyle Presse. AUTltORIZED PLACEMENT ON CONSENT AGENDA BY CITY MANAG~:~'" RESOLUTION NO. R-00-35 A RESOLUTION OF THE CITY oF SEBASTIAN, IIVDIA_N RIVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF AIRPORT LAND FROM SKYDIVE SEBASTIAN OF SOUTH FLORIDA, INC., TO LYLE PRESSE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DA'I~'~. Wlql~REAS, Skydive Sebastian of South Florida, Inc., is the lessee of certain City land at the Municipal Airport pursuant to leases and amendments thereto dated August 16, 1996, October 23, 1996 and March 5, 1997; and WHE~S, Skydive Sebastian of South Florida, Inc., wishes to sublet a portion of said land to another for the purpose of operating a parachute packing facility; and WHEREAS, any such subleasing of airport land requires the written approval of the City of Sebastian; and · WHEREAS, the City Attorney and Cit~ Manager have reviewed the proposed sublease between the above-named parties andt md nothing therein that is detrimental to the interests of the City; NOW THEREFORE, BE IT RESOL~ fED BY ~ COUNCIL OF THE cYrY OF SEBASTIAN, as follows: Section 1. APPROVAL.' The City Council hereby gives its written approval to the Business Sublease between Slcydive Sebastian of South Florida, Inc., and Lyle Presse, attached hereto as Exhibit "A". Section 2. CONFLICTS. conflict herewith are hereby repealed. A~ resolutions or parts of resolutions in Sectioa 3. EFFECTIVE DATE. immediately upon ks adoption. This resolution shall take effect The foregoing P. esolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember/ames Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of June, 2000. CITY OF SEBASTIAN, FLOPJDA ATTEST: By: Mayor Walter Barnes Kathryn M. O'Halloran, MMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney i-56i-562-2870 CLEM pOLACKWICH UOC, 610 P03 JUN 12 This Sub-L~e A~eem~nt is ~ ~ fl ~u~d on ~s ~ day of J~, 2000 by ~d b~n SK~ SEBASTI~ OF SOU~ ~O~A, ~C,, ~ssor) ~d L~ P~SSE ~Ss~c). ~e ~o~ L~ A~m~m dated Au~ 16, 1996, ~ Fk~ Amerind Le~e A~m~t ~gd Octo~r 23, 1996 ~d ~e Ai~on L~e A~ement ~cd M~ch ~, 1997 by ~d b~e~ CiW of Seba~ ~d 5~dive $eba~ of South Florida ~ inco~omted into ~iz Sub-L~se A~~t ~d ~ bin~ upon ~ p~es, Less. or agrees m le~e to ~Ss~e ~t pCmon of~e bffil~ ~d pro~ located at 400 W. ~on Drive, SeSsile. FL (P~s~), md~ea~ ~e Less~'s m~~d buil~ ~elMing ~ (t0) p~g spa~s ~j~ent m ~e butler. '0d ' Jdy 15 ~ mm of~s 1,~e ~I1 ~ for ap~n of five y~s ¢ommmcmg on ,2000 ~ t~~ng on J~y 15, 2005. ~s~e s~ ~ve ~ option m ~w ~ d,s~bed below. 2(A), OP~ON T~ ~W: Less~ sh~l ~ve ~e op~on to ~w ~ Sub-~ Agre~eai ~r ~ ~tion~ five ~ ~m. Lessee must vx~cise ~s ~fion by gi~ ~l~ notice to Lessor not tess ~m 180 md no~ more ~t 210 d~ys ~ior to ~o ~d of~e init~ tern oft~s T S: ~see s~ll pay to ~e Lessor ~ rent for the p~e~ses ~e ~ollowing ~ounts: ~ ~ag ~e p~od ~om J~y 15, 2001 ~o~ July 15, 2002, Lessee a~e~ Lessor $~00.00 p~ mon~ plus applicable s~es ~d ren~ ~, in ~v~ce, on the ~t ~y of the mon~. Rmt ~11 be ~j~ed upw~s e~h ~ p~z~t m ~ ~m~ pH~ ~dex ~ 5~d Wail S~-e~t Journal in the month prior m the commer~ce for the fa-st tw~ive months. In the event lhat any rental Payment due more when due, in addition to, and not in substitution without written notice, Lessee shall pay Lessor a la~ p~ R~at~/Payment, This chargc is to be considered as a in,rest. If Lessee exercises the option to extend ti increas, each year pursuant to the consumer p~ice inde~ merit date, Lessor agrees to waive payment hereunder shall not be paid five (5) days or ?or, any other rights Lessor may haw, and .m!.,ent fee of 5% of the ammmt of such late tditional rent and shall not be ¢onsid~ed ds Sub-Leaze Agreement them the rem will as listed in the Wall Street Journal. TAXES.: mi The Lessee shall pay during the Lease te all ad valorem taxes, assessments or any t I I i I I I I I I l I I other charge or payment levied or assessed against the leased premises and any tax or charge levied aga/nst any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon thc leased premises. All taxes, fees, or charges shall be paid bythe Lessee on a timely basis and receipts therefor shall be provided to the Lessor upon request. All rigging work for the operation of the equipment sales store is requLred to be done through Lessor's approved loft, so long as the work is in accordance with industry standards, is completed in a timely manner, and the fees ere withinrcasonable industry standards. Excq~tious will be allowed due to customer requests or destination of equipment. 5. P, Es-'TRICTi~N O~F USE/HO~_OF OP~TION: The premises shall be used bythe Lessee for a Slcydive equipment sa[es store. Lessee shall not use the premises, or permit any part of the premises to be used for any other purpose without the prior written consent &Lessor. This Sub-Lease is contingent upon the store being open for operation during the same hours es the drop zone, seven d~ys a week. from October 15 through April 15. minimum of eight (8) hours a day, each year. From April 16 to October 14., the store's hours of operation would be 8:00 a.m. to 12:00 p.m. at a minimum. The store may be closed on those days that the drop zone is closed. All parking lot use shall be limited to staffperking, loading and delivery and customer parking. Failure to adhere to the minimum operating hours ~hall constitute a material breac3~ of the agreement. L~ssee sh~lno~si~ ~ Sub~L~ or subl~, ~ew~le er ~yp~ ef~ep~c~. or p~t ~y pe~on to oacupy ~e pre~zes ~out ~c ~or ~ ao~ent of~e Lessor. ~e ~cep~ elint by ~e ~ssor ~om ~y o~r p~ ~ not ~ve ~ ~o~n~ offs Sub-~ or ~ as a consent to ~e azsi~en~ for ~h~ benefit efc~dimrs or by op~ation of law ~fer ~y ~ts to ~y o~ p~ wi~out ~ p~or ~ ~nscn~ of ~ ~ssor. If ~s~or consent. ~ ~ting, to the ~ssi~ent, sublcu~g or ofl~er ~sf~ of~y ~t or intem~ heroin by ~e Lesse~. Lessee shall not be relieved of~y duD,, obligation or ~abi~ty ~ ~y of~e provislons of~ Sub- ~c. ~ ~ssor a~vvs not to ~o~bly m~e m ~si~ ~s Su~L~e a~eement prodded · ~ ~e ~si~cc is ex,twoS, and ~ assigne~ ~s~es ~1 of~c obligatio~ und~ ~e cxi~g Sub-Le~e.. Lessee agrees to deliver to the Lessor before the commencement of th/s Sub~L~ase Agreement or before any physical labor or work on the premises begins, but no later than fifteen (1 $) days .after the date ~d:~er this agrecrnant, a certificate of insurance, declarations pe~e, and true copy of all policios procured bythe Lessee in complianc~ with LesseeTs obligat/ons, to~ether with proof ofp~yment, including an endorsement which states that such insurance may not be canceled except l-~6i-562-2B70 CLEM POL~CKWICH UOC. 610 P~Y~ 3'UN 12 '80 14:12 upon thirty (30) days written notice to the Lessor. All insuranc~ sh~ll bc written by one or mom responsible insuranc~ compar~es and shall contain ~ or amended with respect to the Lessor by the ins' rcspomible for all payments of premiums for the subrogation b.v the insuranoe comply against the L as describ~l below shall constitute a material broach parties that I~ssee shall have sole obligation to ks connection with th~ pr~mises continually insur~t. tors~nm~ts that the insm~nce caunot b~ cancal~ ~c~ comply ~d ~g ~ ~sse= ~all ~ ~c~ ~d whioh axpmasly ~iws ~y fi~t of sssor, F~l~e to m~nt$in ~s~cc covets offs a~mant. It is $e ~ss blent of~c the promises ~d p~ prop~ used in The insurance rcquirext by this parag~ph shall have both the Less~ and the Lessor's named hasar, ds, mad shall have the following coverCges: 1) Fire and extended coverage, van~_a_!ism, plat~ glass, malicious rnisehief in the / mlnimtan smount of $100,000.00. 2) Product liability insunmce with minimum per ooattrrence limits ors 1,000,000.00. 3) General Liability instance with mihimum par occun-eac~ limits ors 1,000,000,00. In the ev~nI the building and/or oth~ improv~rnra~ erected on the premises ar~ deg~royed or .damaged by /'ire, Lessee agrees il'la it will cause said buildi~g lmcl/or other improvements to be rcplac.~i or said damage to be r~pt r~A as rapidly as practicable. The Lessor may abate the L~ssee's rent for the period of time more t~lm~ 80% &the principal building, ffany, is tmusable. Iu the ~em that I~ss~ ~e~s to r~pair and/o: ~ replace th~ building and othcrimprowmenm on the leased pr~zrdses, the Lessor shall have no clai~ ~s. affains~ any insurance proaeeds paid to the Lessee on account of w.u~h dmmag~ and/or destruction', nor shall the Lessor have any responsibiliV or obligalion to make any expenditures Wward repair and/or r~pla~mem of th~ building and other improvements on th~ I~m~d prt~nises, provided, how~Wcr, that all repaired a~d/or r~laced building aud other .improvements ar~ repaired/repla~ed in a mann~ ~lual to or b~'~er thau the building/improvement being repair~t or replaced. Les~ shalI ind~mify Lessor and save i ~harmless agaln~ any and all claira.s, ac~ons, damages, liability and ext~ns¢ in conn~fion with loss ~ fflif~, p~soni~l injury, or damag~ ~o prop~y arising fi.om or ou~ of any occurr~noe in, upon, or abo~lt the leasehold pr~rnise~, occupancy, or use bythe Lessee o£the leasehold premises, or in any part' ~hereof, or occasioned wholly, or in part by any act or omission ogthe L~ssee, his agents, contract~rs, employees, ~ervams or assigns. I I I I I I I I I I I i I I i i CLEM POL~CK~twn I I I I I I I I I I I I I I I I Lessee, mt its sole cost ~ucl e~cense, not to ~ re[mb~sed by ~ssor, .s~ttl ke~ ~ ~;.n ~e praises ~ good ~d ~ coat,on ~d re~r d~g ~e te~ offs S~Lease. ~ss~ ~11 ~n ~e ~t~or ~d exterior f~s, incl~J~ g improvement, p~g spies, ~d i~p~ onor abo~ ~e~e~s~s ~ shall ~e ~1 r~dm~~m to th~pl~b~ el~ic~, he~$, ~d ~r con~tio~ sy~ems. ~y Iiem placed on ~e pr~i~s for rep~rs made by ~ L~ss~ ~hall not be eff~five or bin~ upon ~y ~e~ of the Lessor. Howev~, ~y cla~ o~ Ii~s s~ be placed a~n~ ~e p~s~ m a m~t of ~ssee~s ~ons or ~c~ons, Lessor ~al~ ~ve ~ ~e~a~e ~t ~ safis~ ~e cl~ ~d ~ expenses ~ thcm~ ~1 become ~me~a~ly due ~om ~e Les~ as ~didon~ r~t. Any construction or repair shall be in accordance with ~he local and state codes, teguhttions and requirements. Lessee sh~I indemnify, defend and hold Lessor h~a'nless ~rom any actions, claims, losses, 8~tges or liens resulting from the acts of Lessee, its agents, employees or contractors in per£orm_a~e of any ooustruction on or to the premises. 11. !~IdlN]~ DOM&IN: If during the term of this Sub-Leas~, the whole or any part of the land or building in wMch the premiss are located, other thsn a pm not interfering with the maintenance or operation thereof, shall be appropriated by right ofcmin~t donmin, then ellis lease shall termina'~e as ortho ~ime of such appropriation. Lessee shall maintain the right, at its election, to continue to occupy the premises on a month4o-month basiS, ii'pen-nitted by the condemning authority and by law, for the period betv,~,en the time of such appropriation and the time when physical possession of the premises shall be taken. Except for the execution of the term, such possession shall be subject to the provisions o~tkis Sub-Lease. 'Lessee shall not be entitled to shoe in any monetary or oth~ awards to the Lessor, bul the Lessee sh~lI be entitled to pursue its own claim for any damages suffered by the Lessee only if such eld/ms do no~ infringe upon or reduce the cltirn~ of ~he Lessor or any awards to Lessor. Lessor agrees that it shall not inten%re with such claims of the Lessee and'Lessor sh~ not make any claim for any dam~es which arc considered 'special damages' to Lessee includiug lost profits. It is mutually agreed that ia the event that Lessee shall def~uk on the ptymen~ of rent when due, Lessor skill not be required to noti~ Lessee in writing of such a default. If the Lessee fails ~o cure ~he defaull within five (5) days after tbe due date, it shall constitute a m~teriet breach of this Sub-Dele Agreement. All past due amounts will accrue interest at the highest rate ailowable by law. Upon the failure of the Lessee to cure its default, all monies and rents from the full terms of this Sub- Lease Agreemcnz shall bec~..me immediately clue to LeSsor. The Lessor shall h~ve the imme~ right to re'miata the Lessee's right of'occupancy and to pursue whatever rights and remedies it may have against the Lessse by reason of such default If the Lessee shall .be ha defaul~ in performing a~y of the terms or provisions of this lease other th< the pro .~ision requL, Lug payment ofmt, Lessor shall give L~sscc notice in writing of such default, If Lessee fails to cure such default within seven (7) days after the mailing of not/ce ~en the Lessor will hsye thc fight, but not thc obligation, to cure such default and the actual expenses incurred by the Le~or shall be deemed to be ~ditional rent to be paid bythe Lessee on the day when rent would next b~ ~ayable, All past due amounts will accrue interest at the higbest rm allowable by law, Upon the .f~ilure of the Lessee to cure any default, the Lessor shall hsve the immed/ate right to terminate LeSsee's right of occupancy and to pur~ue whatever rights aufl remedies it may trove against the Lessee by reason ofstteh default. Add~tionally, Lessor ahail have a lien on all equipment, fixtures, invenlory end personal property of any type on the premises. Lessor shall also have the immediate right to possession and ownership of the above me~tion~ property and ~all apply the net wholesale value of the property in its used condition to any amounts oweCt Lessor. The remedies provided by th/s agreement are nonexclusive a~ ~umulative and the pursuit by the Lessor of one remedy does no~ waive its right to pursue any and all other remedies. Lessee shall and does i~demni .fy, defend the~Lessor and save it harmless from and against any s~d ~l claims, actions, esuses of action, dsrnagesi &msn~, liabilities, claims, losses litigation arisirig out of or connected with the Lessee's occupancy or use of the leased premises and the use of the leased premises by Lessee's agents, emptoyeeS~ contractors, licensees, and invitees, ir, eluding all court costs and attorney,s fees at all ~ibunal levels incurrecl by thc Lessor in conneetlon with any iud all loss oielife, personal injury and damage to property occurring in or about of, arising or relating to, directly or indirectly in any manner whatsoever, the leased premises adjacent si dewalks and loading platforms or areas or occasioned wholly or in part by ariy act or omission of Lessee, its ageirts, conla'aetors, customers, principals, direc~rs, officers or ~employees. This paragraph thirteen (13) shall survive ~e termination or cancellation o£ the Sub.Le~e. The invalidity of any provisions of this Sub~Le~e as determin~ by a Court of eompetealjurisdicflon shall in no way affect the validity cf any Other provision of this Sub. Lease. Lessee ag~es tc perirtit the Lessor or Lessor's agents ~o inspect and examhte the premises at a~ reasonable time, and to peri'nit Lessor to make "isuch repairs lc the buildir~.g or improvements that the Lessor may deem desirable or necessary to p~serve and protect the premises at Lessors expense except as required by paragraph 8, I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I OnCe last day' of~e term of this Sub-Lc~l, or upon ~y sooner ~aton, Lesse~ ~aE s~nd~ ~e p~ses to ~e Less~ in subtilely ~c s~e ~ndi~on ~ w~n ~ived, or~n~ we~ ~g tc~ ~d ~ of God exceptS. At ~ expiration of the Sub-Lease, any trade ~s, signs and persoral property usexi by tt~ Lessee in the operagon ofit~ business, on the leased premises shall remain the L~see's sole proper:y and the Lessee shall have the tip, hi to remove time same provided any damages in removal are repairedb~ the Lessee at Less~e's sole cost, Thc fixtures, buildings, and structure shall remain on the property subject to the terms of the Sub-Lease with the. City of Sebastian. In case o fb~aoh ofthls S nb-Lease by the Lessee, or the termination of the Sub-Lease, or any extensioa her~mcl~r, ~.at may be granted, the Less~ agrees to immediately surrender possession of said facilities, and all the buildint, eclificcs, e~. that are consUu~texi by or on behalf oi' Lessee. The facilities, buildings, ~ifices, etc. shall then become the property ofthe L~ssor. 17, .C.,12TIOrV~ Scctior~ captions are not a part of this' Sub-Lcas~ and are inserted merely for the convenience of the panics. IS, ADi).~IO~.~I~ RIGKrS. QF ~ Lessor ~ ~ve ~ option, ~out w~ving or he~unfl~, to pay ~v s~ or p~o~ ~y ~ r~ of ~e Lessee, ~d ~e ~o~t of ~y such pa~t md ~e v~ue of ~y such ~fo~, toge~ ~ int~ ~e~oa s~ be sec~d by ~is Sub-L~e, ~d sh~l be pmmpdy d~ ~d pay~le ~ ~ Les~r. ~mr ~ ~ve no liabiti~ w~tso~ for ~y loss or ~e m~ ~ ~y ~y or m~ur ~om su~ ac~on. All delhquca1 p~menms to the Lessor shall bear interest at the rat~ of 18% per year from date the payments arc du~ to ~e da~ of payment. Said interest shall be calculated on a daily basis and shall be due and payable whe`n bi]led. In the event oflhe Lessee's breach of any of the provisions of thi~ Sub-Lease, the Lessor shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased p~emises as additional security to thc Lessor for the, Le,ssee's falth~ performance of each of the, terms and provisions he,eof, and to secur~ payment of ail sums owin~ to the Lessor hereunder. Such hens shall be superior in dignity to the ri$h~s oithe Lessee and any ofits cmdiu~rs, or assi~ees, or any u'ustee or receiver appointe,cl for the Lessee's property, or any oiher per, on claimin~ under the Lessee. Upon the Lessor's termination of the Lessee's rig, ht~ under this Sub-L~as~ by reason of the Less~."s default, all such revenues, income, rents, earninl~s and profits dcri,~ed or ~tin$ from JUN l~ ' 00 the leased premises from the clat~ of such terazir~ati~ ~n by the L~ssor shall oon~tu~ th~ prop~ Of the L~a$o~,iand th~ ~azne i$ hereby d¢clarixt to be a t uat fund for the exclusiw benefit of the Lessor and shall nOt con$~ au.v asset of the Lessee or ~, trustee or receiver appointed for the Lessee's property'. The provisions of this p~agmph shall be c ffcctiv¢ without the Lcssor's re-entry upon the leased premises or repossession thereof, and withou Lany~ judicial deterrninat/on that the Lesse¢'$ intcr~st under said Sub-Lease has b~n tcmairmted, .ne Lessee acknowledges that the Lessor has adopted an Airport Master Plan and the Lessee covrs ants that it will use. thc lr~s~l premises to be ' consismnt with thc Airport M~ster Plan. I I I Thc Lessee shall not allow its occup~y or use of the leased premises to constitute or become a public or private nuisance. This Sul~L~c con. ns t~c whole .and entire a~eemcnt between thc I.,css~ and Lessor as of~ da~ of oxecution unless otherwise sta~'~t herein. Both part/es $~rm and confirm that they ~nc~r into this agreement freely and without an ~ ~ducement, representation, or promise that is not cxprcsslyin ,fl~'.s Sub-Lease. No ch~es, modific~ons, w~vers, or amendment shall l~v¢ any effect unless in writin~ ~nd duly si~ned by both pa~es, / Ifa,; any time there shall be filed by, or against Lessee, in auy court, pursu~ut to any statute either of tl~ United Stoics or of any s~at¢, a p~t~on '.m bankruptcy, insolvency or for the appoiuUncnt of · trust~ or receiver, .or if Lessee makes at~ ass:gnment by operation of' law. mal~s application to creditors to sc~e or exmnd the time for paym~t of L~ssec's oblisation, or if any execution, Iicn or attachment shall be levied upon ~ny ot~L~s~e's proper~y, or thc prom/scs are taken or occupied by ~n¥one other than the Lessee, then all ren~s and monies from the full t~ns of ~ aSreemenl shM1 become Lmmediv~ly due, and Lessor sh~ have immcSiate possession of the prop~r~y, unless otherwise prohibit~ by law. L~ssor has not retn.'be..d the services of eny re~d estate agents and Lcsaee agr~s that all fees clah*aed by any r~al ¢stat~ agent is thc sole responsibility of Lessee. 22. Lessee shaI1 be responsible for all costs and r expended to ~olle~t monies or otherwise ellfor¢c any of the o~ including all trial ~nd apl~llat~ costs and atlorncys fees. ~sonabl~ ~ttome¥'s f~es that m~y be [igations Lessee has agreed to heroin, I I l l I I I I I l l I I I I I I I I I I I I I i I I I I I I I 1-5~1-5B2-2870 CLEM POLACKWICH UOC. 610 P10 JUN lZ '~ 14:i~ I2q WIT~ESS WIt~REOF, the parties hereto have executed this a~eement as of the date first above -~'itten. ANDREW ORIMWADE President, Skydive Sebastian of South Florida, he, LYLE PR.ESSE STATE OF FLORIDA ) INDIAN RIVER ¢0~ )~s: ¢OUl,rr¥ oF ) THE FOREGOING insmunent w~ acknowledged before me this day of .... 20o0, by who is personally known to me or who has procluocd ..... and who clePoses and says that the foregoing is true and correct to the best of his/her knowledge ~nd belief. WITNESS my hand and official seal in the County and Stale las~ aforesaid this dayof ............... ,2000. (SEAL) NOTARY PUBLIC * Sta~e of FL at Large Notsry's Name) My Commission Expires: 8 City of Sebastian~ Florida Subject: Resolution R-00-36 Agenda No. Department Origin: City Manager Date Submitted: 6/20/00 For Agenda of: 6/28/00' Ex]hibits: Proposed Resolution R-00-36 EXPENDITURE ~ AMOUNT BUDGETED: REQUIRED: N/A ! N/A [APPROPRL~TION REQUIRED: SUMMARY The proposed Resolution R-00-36 authorizes the City Manager or his designee to apply for funding from the' Florida Fish and Wildlife Conservation Commission Derelict Vessel Removal Program to fund expenses associated with removal of derelict vessels from the Indian River Lagoon. RECOMMENDED ACTION Move to approve Resolution R-00-36, authorizing the City Manager or his designee to apply for funding fi'om the Florida Fish and Wildlife Conservation Commission Derelict Vessel Removal Program. RESOLUTION NO. R-00-36 A RESOLUTION OF THE CITY CO-JNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHOBIZING TgHr~ CITY MANAGER AND/OR IHS DESIGNEE TO APPLY FOR FUNDING FROM THE DERELICT VESSEL REMOVAL PROGRAM. WHEREAS, the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement has been authorized to provide funding opportunities to local governments to finance removal of vessels declared derelict fi.om coastal waters oft. he State of Florida; Wl:IEREAS, the City has been advised by the Florida Fish and Wildlife ConServation Commission of the availabikity of_fiands under this program; NOW, TItEREFORE BE IT'RESOL¥'ED BY ~ CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: Section 1. AUTHORIZATION. ;he City Manager or his designee is hereby authorized to apply for funding fi.om the ~lorida Fish and Wildlife Conservation Commission Derehct Vessel Removal Program to fund expenses associated with removal of derelict vessels from the Indian River Lagoon Section 2. CONFLICTS. conflict herewith are hereby appealed. Section 3. EFFECTIVE DATE· Thi~ upon its adoption. resolutions or parts of resolutions in resolution shall take effect mediately A motion to adopt the foregoing Resolution was made by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Counciimember Ben A~ Bishop Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this day of. ,2000. CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: KATHKYN O'HALLOKAN, CITY cLERK APPROVED AS TO FORM AND LEGALITY: RICH STRINGEP., CITY ATTORNEY Announcing Derelict Vessel Removal Prf~gram Grant ApPlication Period for Coastal Counties, and'Municipalities Grant applications for state, fiscal, year 2000/2001' under the Derelict Vessel Removal Program will be' accepted beginning Monday, 'May 1, 2000. Deadline is Friday, June 30, 2000.' Applications. must..be postmarked or hand delivered to the program's office at the address below no later than 5:00 P.M. June 30, 2000. Applications received after the deadline will not be processed and will be remmed. A.copy of the application and policy guidelines can be obtained by calling the Florida'Fish and Wildlife Conservation Commission at (850)48.8-5600. Requests in writing can be sent to: Florida FiSh and Wildlife Conservation Commission Division of Law Enforcement 620 South Meridian Street Tallahassee, FL. 32399-5600. FISH'M -D WILDLIFE CONSERVATION COM]VIISSION DERELICT VESSEL REMOVAL PROGRakM SUMMARY ~QDUCTIO~' . ·' The Derelict Vessel Removal Grant Program (DVRCIP) is a financial assistance program,:providing grant funds to coastal local governments for the reimbursement of the removal ofdarelict vessels from coastal waters of the State.. An abandoned vessel becomes a derelict only after, ali available' means to have the.rightful owner .r~moVe the vessel have failed.. An.investigationis conducted by the' loc,a, 1 Florida Fish and Wildlife office and can involve cou~t Orders requiring the,removal. In.many'cases the attempt to identify the oWner is unsuccessful, and after proper notice the vessel Is declared derelict.' Only after this declaration, is the vessel-eligible for removal under this grant.program. I~ROGRAMHISTORY . ' ' - ' . . ' Chapter 376'1 I, F'S. established the Florida Coastal Protection Trust Fund' and provided .for the funding cfa grant program to coastal local governments for the removal of derelict vessels from the public wa~rs of the State. In July 1980, the DVRGp was established within the Division of Law Enforcement, In March l'9g 1, it was transferred to the Division of Marine Resources. Since that time the program has been assigned to the Divisions of State Lands and Recreation and Parks. In August 1993, the progratKw,as reassigned to the D.E.P. Divi~ion of'Law Enforcement. In 1999, the program was transferred to the F.W.C. 'Division of Law Enforcement. . PROGRAM FUNDING AND PARTICIPATION ,, .-... The DV program is funded at a level of 5; 366,000 annually. Pursuant to 62N-16.029(6), Flori&~ Administrative Code (FAC), the Division of Law Enforcement contracts with coastal local governments that have been awarded grants (grantees) for the removal and disposal of DVs within their jurisdictions. During the past 8 years, 18 different grantees participated in the program, resulting in the removal of 515 DYs. In.recent years, DV funding requests have averaged nearly 5;900,000. Under current contracts, vessels are.being removeq that were identified as many six years ago... This leaves many DVs in place for years before grant funding is available for their removal. ' PROGRAM FUNDING PRQCESS ' ' Grantees provide the Division of Law Enforcement with 'their grant applications during an annual grant application period.. The Program is contingent upon the. appm. priation of funding by the legislature and the availability of these funds. The .grantee's proposal is prioritized and bid-based estimates of the cost to remove and dispose Of the DVs are listed. These estimations are used to allocate funding. A recommendation is developed on the distribution of the grant funds by an evaluation committee and is submitted to the Division Director for review and approval. After contract for each is after which, the grantee the. DV removal approval, a grantee executed, can begin process.. · ', For regarding program or an application, .contact: additional information this Fish. and Wildlife Conservation Commission, - Div~ion of Law Enforcement, Office of Planning and Policy ' 620 S. Meridian St, Tal]ahassee, Florida 32399-1600 ARa: Captain Jim Browh ~r LiSa Wakasugi (850)488-5600 SuuCom 278~5600 City of Sebastian~ Florida Subject: Traffic / Barber Street between Agenda No. US #1 and Schumann Drive ..... ~] '-,~'~,-/T~ Department Origin: City Manager k / z.-~/~/~-Z/ ~ "-" Date Submitted: 06/~1/00 Terence R.'Tvloore ~ For Agenda of: 06/28/00 Exhibits: Petition From Residents of Park Place Village and Palm Lake Club REQUIRED:EXPENDITURE [ AMOUNT BUDGETED: [ APPROPRIATION REQUIRED: SUMMARY As a fonow-up to citizen inquiries and a petition submitted by residents of Park Place Village and Palm Lake Club, staff has carefully observed the mount of track traffic and the speed of vehicles on Barber Street, between U.S. #1 and Schumann Drive and recommends the following: Add a 30 MPH Speed Limit sign to Barber Street, west bound, between U.S. #1 and raikoad tracks, with an additional 2 signs on each side of Barber Street near entrance to Park Place. With regard to large trucks traveling on Barber Street, Barber Street is a through street, allowing vehicles to access two (2) major roadways, therefore track traffic cannot be stopped. RECOMMENDATION Install additional 30 MPH signage on Barber Street as described above. To; Council Membc~e of~h~ C/ty of S~aes~an Prom ~ P~sidm~ ofP~Plec~ ¥/]1~ andPehn Lak~'C~b Subj~; Traffic on Berb~r S~ betwec~ US P~. 1 and Schumarm Dr. '1 amoun~ of i~-.~ ~o tha~ ~-aw, ls Barber ~ c~ a r~lar of S bastian, Florida Subject: Aquatic Weed Control Contract Extension. Exhibits: None EXPENDITURE REQUIKED: $14,165 Department Origin: Ppblic Wo_z~ Terry I-rdl Purchasin.~ontracfing/~__ Finance: ~ Date Submitted: 6-22-00 For Agenda of.' 6-28-00 REMAINING BUDGET: $14,165 APPROPRIATION REQU]I~D: -0- On May 19, 1997, Applied Aquatic Management, Inc., was granted the bid award for weed control of the City's Canal Network Subsequent issuance of a Change Order included certain weed control of ditches and retention ponds on an as needed basis. The existing contract expired May 19, 2000. Staff requires additional time to rewrite the contract to include weed control of ditches and ponds, which requires considerable detail and effort. It is anticipated that aa additional four (4) months extension of said contract will allow staff sufficient time to acc~lish the above detail work, at which time we will re-bid the city's weed control needs in its entirety. Staff concurs that Applied Aquatic Management, has performed excenent over their contract period w/th the City. ~COMM~DED ACTION Move to approve a four (4) month extension of the existing agreement with Applied Aquatic Management, Inc., in the mount of not to exceed $14,165. Said agreement will expire on September 19, 2000, and be subject to a re-bid agreement at that time. I City of Sebas_t, lan, Florida Exhibits: Memo Dated June 9,0, g000, to Honorable Mayor and City Council Members from Rich Samolewicz through Terrence Moore EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIkTION REQUIRED: SUMMARY As a result of the p'erfonnance evaluations received from the City Councilmembers for City Attorney, Rich Stringer, staff reports that the overall performance rating is above satisfactory, Therefore, a follow-up discussion is recommended. DATE: City of Sebbstian 1225 MAIN STREET - SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 388-8240 FAX (561) 581,0149 June 20, 2000 TO: Honorable Mayor and City Council Members TH ROUGH: T errence Mc~//~,~/~.~../'' City Manag~_,,./~'~') v Director of Human Resources ..S_.UBJECT: City ....Attorney/performa,,n,.,c~,,,-'valuations The Department of Human Resources has receipted from the members of City Council all five (5) annual performance evaluations with regard to Rich Stringer, City Attorney. Reviews of Mr. Stringer's evaluations are complete and his overall rating is above satisfactory. Therefore, it is recommended that this item be placed on the June 28, .2000 City Council agenda for follow-up discussion. As always, all recommendations for salary increases should be retroactive to the anniversary date of the employee. The-Department of Human Resources will wait for further direction form you with regard to this ma .-ter. / Should you have any questions with reference tc~ the above please do not hesitate to call the City Manager.at 388-8200 or the Departmer~t of Human Resources at 388-8240. CC: Rich Stringer, City Attorney I City of Sebastian, Florida Subject: Conference/Inmrnafional CiW Manager's Association Exhibits: Education: $480.00 Tmve]fPierDiem: Approximately: $1,000 Agenda No. Department Origin: CiW Manager Date Submitted: 06/9.1/2000 For Agenda off 06/28/2000 AMOUNT BUDGETED: Education: $2,020 TravelfPier Diem: $3,300 APPROPRIATION REQUIRED: Education: $480.00 Travel/Per Diem: Approximately $1,000 SUMMARY This 'year ICMA will hold it's 86th Annual Conference at the Cincinnati Convention Center, Cincinnati, Ohio beginning on September 17-20, 2000. The theme of ICMA's 86th Annual Conference w/Il be "Surviving and Thriving in the 21~t Century". The conference~ program depicts various keynote sessions, foCUsing on educational, developmental, and professional enhancement oppommities. RECOMMENDED ACTION Move to approve the City Manager to attend the ICMA 86th Annual Conference, to be held at the Cincinnati Convention Center, Cincingati, Ohio beginmg September 17-20, 2000.