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Home My WebLink About10271999.ACTION LIST 99.201 99.207 99.143 THE FOLLOWIN$ I5 A LIST OF A¢I-ZON5 TAKEN ANb/OR blRECFI:ON5 GIVEN AT THE[ 10/Z7/99 REGULAR MEETIN~ All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material put Jn chronological order and placed in clips within the file Of,/~anager, City Attorney, Purcha~ir~ a/nJ all other ~arfnmrff head.~ gef a full sef of dra£t minul~, ami are responsible for copy/r~ whafever i;~ pe~'nerff to tl'~e~'r depor~. Hie continue to p/ace copies o£ ind/vidua/ minutes ~ in backup Proclamation - Keep Indian River Begutif~ll agunty $~/ee~ D~Y - 11/6/99 - Walter Barne4 Acce~ting - pee~entod file vault - CITY COUNCZL - 99 Proclamations Eroclamation - besignate Month of October 1999 ns bomesti¢ VioLence Awareness Month - ,Tu~ine Stien. President of GFW¢ Sebastian River ~unior Women'S aJ~lb Accepting - peesented to be PJchtoeck file vault - C~TY COUNCZL - 99 Proclamations Pres~tatiga by ];rldi~ River Count~ Scrub ,T~, I~abitat Conservation Plan - 6irgort Future- Industrial Land Use - peesentotion by Roland beBIois ~ Cauncil ¢onsensu~ foe staff to peoceed with intodecal ageeement (~ext meetiag) copy minutes to file file pending credenza for tst rogulor meeting Presentation by Pelican Island Elementary Schgol - Z~formatiert About Land Acquisitign Project to Preserve Scrub ,T~, Habitat - peeseweetiae aaly Approval qf Minutes - 10/13/99 R~guJgr Meeting sign, seal - attach noted backup - place in book Operation Hope/Freedom Chriatian Center Request Use of Community Center for Fundraiser - 11/20/99 - 7:30 p.m. to Midnight - Council Approval Required for ~tended Use and to Charge &dmisston Fee - 3ClO Attende,¢,~ - Police Security Required - appeoved letter to applicant ascertain Pb and PW aware of use file YC/CC 99.204 99.202 99.203 99.205 99.206 Re~gLution Nq, R-99-§0 - Vacation of Easement - ]:ngrom - Lots 15 and 16, BI0¢k_26 ~ebc~tioj1 High!g~ds Unit I - miopted sign, seal - copy to file, ~MD, PW record original update \wp-resXr-99 as to adopted date when returned - file original in vault - 99 OP.I~ RI=S file backup in vault - VACAT]:ON OF EASEMEKIT ~uthorize Exp~.4tdj%lJ'~ For Purchase Of A Zxlew Truck - BuildJn~ Deportment - $12.2..~7,00 - approved copy minutes to file file vault - FZ:NANCE - 99 Bids and Purchases - Building Autbodl~, [xpendi~re For Purchas~ Of A N~ Truck - f~j-.o~th/~gement - $12,227.00 opp~ved copy minutes to file file vault - F-J:NANCE - 99 Bids and Purchases - ~owth Management Authorize Execution of Airl~ort Lea~¢ Between City of Sebastian and A & B Leasing Ent.~nc. d/b/a Yelacity. ]:nc. To C~r~mence on November t. 1999 and E[nd on 20th Date- apla~ved a~ mnended sign, seal two originals ,TT will handle signatures and give us back one original for filing copy agreement to Finance file A]:RPOI~T (was Velocity) Authorize ExpenditureZFor Pur{;h~se Of .Seven (7) Computer Processors From ~ateway Computers, Inc.- Police Ib~ort_j~¢~:- $8,197.00 - ~pp~oved copy minutes to file file vault - F]:NANCE - 99 Bids and Purchases - PD 2 DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 27, 1999 - 7:00 P.M. CITY COUNC1L CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Neuberger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was givea by Dr. Ronald Thomas, Sebastian United Methodist Church. ROLL CALL ~J.tY Council Preset: Mayor Chuck Neubcrger Mr. Joe Barczyk Mr. Walter Barnes Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. ~;tltff Pl:escnt: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kattuyn O'Halloran Chief of Police, Randy White Public Works Director, Terry Hill Building Director, George Bonacci Deputy City Clerk, Sally Maio Regular City Council Mceting October 27, 1999 Page Two DRAFT 99.207 AGENDA MODIFICATIONS {ADDIT_JOj~$ A~ID/OR D.~LETIONS) Items not on tile written agenda may be added on~ upon a tnajori~ vot~ of Ci~ Council members (R-99-21) Mr. Barczyk requested that item D under Presentations be moved to item B. 1. (after second proclamation). City Council ceneurred. PROCLAMATIONS. ANNO~M[NT$ AND/OR pRESENTATIONS Praclamafion - Ke~ India~ River Beautiful County Sw~ I)~y - 11/6/99 - Walter Barnes ,~cc~ting Mayor Neuberger read and presented the proclamation to Walter Barnes. Mr. Barnes challenged citizens of Sebastian to participate, and announced that the local cleanup will begin from Riverview Park on Saturday, November 6, 1999. Fellsmere Counciimember Joel Tyson noted there isa $1000 cash reward to the municipality that cleans up the most refuse, and stressed the importance of educating the public. Procll~aation - Designate Month of October 1999 as Domestic Violence Awareness Month_- Justin~ Stien, President of GFW_C Sebastian River Junior Women's Club 8~r~l~tir~ Mayor Neuberger read and presented the proclamation to De Richtarck, President GFWC Sebastian Women's Club. B. 1. (D.)Presentation by_Pelicarl !~l~nd Elementary School - Information ,a, bout Land Acq~isj.ti.o$1 project to PreseaxcScmb Jay Habitat (Pelican Island Elementary School Letter Oa¢,~l 10/22.[99) Bonnie Swanson, Principal of Pelican Island Elementary School, thanked the City Manager for his visit to the school, introduced and recognized ECO Troop student members, parents, teachers and advisors, and noted that the Indian River County Commission had given its support for the plan to acquire additional land to increase and preserve additional scrub jay habitat adjacent to the school. She stated that the Nature Trail had been ma~d in honor of Aloa Lorton. The following individuals addressed city council on the ECO Troop's plan to acquire addi~ i'.:: ,. ,~. property for the nature trail: Stephanie Holdridge, President of ECO Troop (student) Kevin Christman, Land Management (studen0 Nieole Campbell, ECO Troop secretary (student) Bryer ?77, (smden0 Richard and Richelle Henf, parent and student (Richelle originated the idea) Terry BaircL, ECO Troop Senior Sponsor (teacher) Barbara & Rachel Armer, parent and student 2 Regular City Council Meeting October 27, 1999 Page Three DRAFT Mayor Neuberger reported that he had presented this item to the Land Acquisition Committee, and requested a meeting with the ECO Troop to work out a proposal to take back to LAC for funding. Mayor Neuberger called a recess from 7:43 p.m. to 7:49 p.m. All members were present when the meeting reconvened. 99.201 C. Pres~nti~on by Indian River County Scrub J~y Habitat Conserv~ion Plan - Airyort FUture Indus.trial Land Usc_(~j,ty Marengo' Memo 10119/99, Kcati~gLetter 10/7/99) Roland DcBIois, Chief of Indian River County Environmental Planning, recognized environmental consultant Lisa Smith of Smith Environmental Services, Mike Jennings of U.S. Fish and Wildlife Service, and Indian River County Community Development Director, Robert Keating; and presented an update on the Scrub Jay Habitat Conservation Plan as it relates to the City of Sebastian.. TAPE I - SIDE II (7:55 p.m.) Following his presentation, Mr. DeBlois requested consensus of Council to proceed with the proposed plan (s~ bullet summary of plan attached). The City Manager said if Council gives its consensus, he will proceed with the City Attorney to work out an agreengat with Indian River County. Mr. Majcher suggested a joint effort with Indian River County to pave Gibson Street. City Council concurred. L'iTY ATTORNEY MATTER~ Said if there is no objection he will draft an ordinance relative to controlled burns and bring it to the next meeting Advised that he will provide Council with draft lot clearing language Reported that he had been advised that thc Attorney Generals office is working on his request for an opinion regarding real estate licensing Said there has been no appeal on the Fischer case Reported that surveys are in and a bid package is prepared for the surplus cemetery property 8. CITY MANAGER MATTERS Reported on Indian River County Commission approval for an interlocal agreement for funding for the Good Guys property purchase, and which he will bring to thc next council meeting Discussed holiday lighting along Indian River Drive, reporting that thc County Commission approved $5000 for 4th of July which can be used for the holiday lighting. He said he will come back with logistics. Discussed the FEMA process for financial assistance in light of citizen perceptions that these storms present an opportunity to collect for previously damaged property, explaining the review process that FEMA uses Regular City Council Meeting October 27, 1999 Page Four DRAFT Several Councilmembers expressed concern for using funding set aside for fireworks. 9. CITY C[,I~RK MATTI~R~ None. 10. CITY CO~CII, HATTgR5 l~l~cher Discussed calls he received since Hurricane Irene regarding Florida Power and Light maintenance problems ~,or Neuberger Concurred that with the minor weather conditions with Irene, people should not have bccn without power for as long as they were. Inquired about the City's Tree City status and the City Manager responded staff has resubmitted an application TAPE II - SIDE I (8:43 p.m.) Expressed concern that no drainage work had been done in conjunction with the paving program as was reported in the newspaper. He questioned whether staff'was inspecting the work. The City Manager said he would bring back periodic updates. Expressed concern for prolonged power outages, noting there was no storm coverage on Hurricane Irene on cable, or radio; and said he had talked to Nate McCollum, who said in the future there will be am and fin radio station coverage Reported on the Council of Public Officials meeting report relative to redistricting of Indian River County for elections and schools, noting it there was a consensus to remain status quo until the 2000 censns is completed; and recommended writing a letter to FPL regarding clearing trees in easements to prevent future power outages Mr. Barnes Discussed power outage problems and lack of information from FPL Discussed the Kautzman presentation at the last meeting regarding through trucks on city streets and suggested putting the item on the next agenda for discussion. Council concurred. Discussed a previous council request for an ordinance regarding builder responsibility for damage to city streets and suggested an ordinance be drafted. It was the consensus of Council to have the Attorney to look into. Mr. Bishop discussed dirt on roads and Mr. Barezyk discussed requiring builders to clean up property during construction. The Building Director addressed Council. Expressed conecm for a Press Journal article which misquoted his words regarding the Riverfront 4 Regul~r City Council Meeting October 27, 1999 Page Five DRAFT Mr. Bishop Agr~d with Mr. Barnes' concerns about misinformation by the Press Journal. 11. CONSENT AGENDA All items tm the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unle~ a me~nber of City Council so requests; in which event, the item will be removed and acted upon selaarately. A. Approval of Minutes - 10/13/99 Regular Meeting 99.143 Operation HopedFreedom Christian Center Request Use of Community Center for Fundraiser - 11/20/99 - 7:30 p.m. to Midnight - Council Approval Required for Extended Use and to Charge Admission Fee - 300 Attendees - Police Security Required (City Clerk Transmittal 10/19/99, Application, R-98-43 Excerpt) 99.204 Resolution No. R~99-50 - Vacation of Easement - ingrain - Lots 15 and 16, Block 26 Sebastian Highlands Unit 1 (Growth Management Transmittal 10/20/99, R-99-50, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBAS'NAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOT$ 15 AND 16, BLOCK 26, SEBASTIAN HIGHLANDS; PROVIDING FOR CONFLICT~ HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Manager read the consent agenda and the City Attorney read Resolution No. R-99-50 by title. MOTION by Bames/Majcher 'TII make a motion to approve the consent agenda items A, B and C." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 12. PUBLIC HEARING - None 13. INTRODUCTION Ol~ NEW ~U$INESS FROM THE PUBLI~ 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 Byron Elsebough, Persian Lane, Sebastian, referred to a petition containing over 90 signatures objecting to the proposed skateboard park in the area of Persian and Fairfield Lanes and requested that Council seek another location. Regular City Council Meeting October 27, 1999 Page Six DRAFT Joe Balough, Sebastian, objected to the proposed skateboard park location. Leola Varic. k, Sebastian, Periwinkle and Coneha, Sebastian, objected to the proposed location of the skateboard park and suggested it be placed in a more public area for better monitoring. Barbara Picard, Croquet Lane, Sebastian, said surrounding residents should have been informed. Paul Campbell, Fulton Way, Sebastian, discussed drainage problems north of CR 512, between Barber Street and Roseland Road since the widening of CR 512 and creation of the Wentworth Ditch. TAPE II - SIDE 1I (9:28 p.m.) Icelyn McLean Gray, Fulton Way, Sebastian, appealed to Council to have someone correct the drainage in the blocked ditch to the rear of her property. Sal Neglia, Sebastian, objected to signs posted throughout the city advertising the Craft Show last weekend: Kay O'Halloran, Sebastian, objected to any idea of getting rid of the six old grouches sign, and offered a $25 reward for return of the sign previously located on CR 512. Inez Fielding, Blossom Drive, Sebastian, requested someone do something about the blocked drain adjacent to her home. 14. COMMITTEE REPORT.~/RE COMMENDATIQblS i$. OLD BUSINESS - Nono 16. NEW BUSINESS 99.202 Authorize E~penditure For Purchafe Of A ~l~-~v Tr~,k - Building Department - $12,227.00 (]3~ilding Department Tr~mittal 10/19/99, Sheriffs Association & Florida Association of Counties-Contract #99-0?-913) MOTION by Bishop/Barnes "I would move to approve agenda item 99.202." ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 5-0 Regular City Council Meeting October 27, 1999 Page Seven DRAFT 99.203 B. 99.205 C. Authorize Exi~nditure For Purchase Of,s, New Truck - Growth Maoogement -$12227.00_ (Growth ManagemeDl Trp~smitta110119199, Sheriff's ~i~[ig_n & Florida Association of Counties- Contract #99-02-0913) MOTION by Bishop/Barczyk "I would move to approve agenda item 99.203." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Authgrjze Execution of Air0ort_Lcase Between Cjl~ Qf Sebastian and A & B Lepsing Ent.,Inc. d/b/a Velocity, Inc. TQ CommeR~ 9ta No'~rob;;r 1, 1999 and End oR 20th Anniversary of Such Date (City Mafl~g~r Transmittal 10/21/99, Airport LeaseBetween City of Sebastian and A s~ B L;;asing l~nt,,Inc, d/b/a Velo~jly, In;;.) The City Attorney explained minor revisions to the lease agreement (see amended paragraph 3 attached). It was noted that current tenants could come back for modifications if the proposed lease term charter amendment passed. MOTION by Bishop/Barnes "I would move to approve agenda item 99.205 as amended." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting October 27, 1999 Page Eight DRAFT 99.206 D. 17. Authorize Expenditure For Purchase Of Sevea (?] Coraputer Pr~essors From O{~ Co~aputers, lt~ - Police D~partment - $8,197.00 (Police Department Transmit~l 10/21/99, Quote t~41014016 Flofid{~ A brief discussion took place on the need for certain components included with the system. Chief White respondod to questions from Council. MOTION by Bishop/Barnes "I would move to approve agenda item 99.206? ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Being no further business, Mayor Neuberger adjourned the Regular Meeting at 10:10 p.m. Approved at the ,1999, Regular City Council Meeting. Chuck Neuberger Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Sebastian Area-Wide Sexub-Jay Habitat Conservation Plan Bullet Summary Main Coml}onents of the HCP_ Implementation of the HCP will r~lea~ for d~v¢lopment 317 platted lots (-79.3 acres) in the Sebastian Highlands currently occupied by scrub-jays. The plan will also release all -14,000 platted lots in the Sebastian Highlands (and airport property not conserved under the plan or previously) from any potential future constraints that may otherwise ocaur if displaced scrub-jays move to other lots or airport property not cmrenfly occupied by scrub-jays. To off-set the destruction of occupied scrub-jay habitat that will result from the incidental take permit · issued in conjunction with the H(2P, the following "compensation areas" on public lands (-324 acres) will be conserved, restored, and managed/n perpetuity:. -280 acres of scrub on lands acquired by the County under the county environmental lands program (the North Sebastian Conservation .area, the Wabasso Scrub Conservation Area, and the Sebastian Highlands Conservation Area) -32 acres of occupied scrub-jay habitat on the Sebastian Ai~ort property, plus a 1130 foot wide "dispersal corridor" buffer along the southwestern edge of- 90 acres of industrial land on the al~ort property (that will remain unrestricted for future industrial development). -12 acres of occupied scrub-jay habitat on the Pelican Island Elementary School cam~,~s currently used and managed for outdoor environmental education programs. Restoration and management of the compensation areas of scrub to be conserved consists of two main activities: removal of mature trees (by a timber company to be contracted by the County), and incremental prescribed burns. Cltv of Sebastian Partlcilaafion City establishment of a conservation es~ment and allowance of management, in perpetuity, of -32 acres of occupied scrub-jay habitat in the northwest quadrant of the Sebastian Municipal Airport property. In addition, a 11210 foot wide "dispersal corridor" buffer strip is to be conserved and managed along the southwestern edge of- 90 a~res of industrial land on the airport property (that will remain unrestricted for future industrial development). City conservation and management of an existing hedgerow between the municipal golf course and the northeast-southwest runway, by keeping said vegetation iow (.S. six feet high) and open to allow for scrub-jay dispersal. City allowance, for/nter/m management purposes, of timber removal and prescribed burning of the entire -94 acre industrial land area on the ai~ort property prior to City establishment of an industrial park on said acreage. * City allowance, via amendment or interpretation of current ordinance restrictions, of prescribed burning of lands identified under the HCP for ecological management purposes. * City abandonment of plans to extend Gibson Street (130th Street) through the North Sebastian Conservation Area. w: use~h-olancl~hepjape/tylt~ 3. TERM OF LEASE. The term of this Lease shall be for a period of twenty (20) years commencing November 1, 1999, and will end on the twentieth (20th) anniversary of such date. At the end of said twenty-year yerm, the parties shall negotiate for a lease renewal upon mutually agreeable terms, however, in such renewal no rental shall be charged upon improvements constructed b SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 27, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Neuberger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Dr. Ronald Thomas, Sebastian United Methodist Church. ROLL CALL CiW CouncilPresent: Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Walter Barnes Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting October 27, 1999 Page Two AGENDA MODIFICATiOnS (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. ANNOUNCEMENTS AND/OR PRESENTATIONS Proclarllt~[io/1 - Kgp Indian River Beautiful County Sweep Day - 11/6/99 - Walter Barnes Ac;:wting ~' ~/'~'~"l. '~'~'~'~" '~ ~'~ ~ C~,~.-,~,~L~ ~ Mayor Neuberger read and presented the proclamation to Walter Barnes. P. roclt~oation - Designate Month of October 1999 as Domestic Violence AwarenessjMooth Stie~ Presidentof GFWC Sebastian River ,looior V~omen'~ Club Accepting Mayor Neuberger read and presented the proclamation to ??????. 99.201 C. Presentation by Indian River County Scrub Jay Habitat Conservation Plan - AirgortEuture Industrial L~d U~e (City Manager Memo 10/19/99, Keating Letter 10/7/99) 99.207 Presentation by Pelican Island Elementary School - InformationAbout LandAcguisitio~ ~qj~t to Preserve Scrub~ay Habitat (Pelican IslandElemcntaO, School L~t~.r 1)~ .~1. 3.~)/22[.99) - 10. CITY COUNCIL MATTERS C. M~. Barcz,jk D. Mr. Barnes E. Mr. Bishop 99.143 99.204 11. (~ON$1~l~ AGENDA ,411 items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of cona~t agenda items unless a member of CiO' Council so requests; in which event, the item will be removed and acted upon separate~. A. Approval of Minutes - 10/13/99 Regular Meeting Operation Hope/Freedom Christian Center Request Use of Community Center for Fundraiser - 11/20/99 - 7:30 p.m. to Midnight - Council Approval Required for Extended Use and to Charge Admission Fee - 300 Attendees - Police Security Required (City Clerk Transmittal 10/19/99, Application, R-98-43 Excerpt) Resolution No. R-99-50 - Vacation of Easement - Ingram - Lots 15 and 16, Block 26 Sebastian Highlands Unit 1 (Growth Management Transmittal 10/20/99, R-99-50, Application, Site Map, Staff Report, Utility Letters) A RESOIJ. YI~ON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 15 AND 16, BLOCK 26, SEBASTIAN HIGHLANDS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Manager read the consent agenda. MOTION by I move to approve items A, B and C of the consent agenda. 6 12. pUBLIC HEARING - None 13. I.NTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required, limit often minutes for each speaker 7 14. COMMITTEE I~J~,~PORT$/J~ECOMMENDATI ONS 15. OLD BUSINESS - None 16. NEW BUSINESS 99.202 Authorize Expenditure For Purchase Of A New Truck - Building Department - $12,227.00 (Building Department Transmittal 10/19/99, Sheriffs Association & Florida Association of Counties-Contract #99-07-913) 99.203 Authorize E~enditure For Purchase Of A Now Trll~;}~ - C~owth Management - $12,227.00 (Growth Management Transmittal 10/19/99, Sheriff's Association & FloridaAs~9~j~[i.otl 9f (2ounties- ~;ontraet #99-07-0913) 99.205 ,4uthorize £xeeution ofAir~or~ L~0se B~t~een CiW of Sebastian and A & B Leasing Ent../n¢. dgo/~. -Velocily,/ne. To Cormnence on November I~ 1999 and End on 20th Ann/versary of Such Date (City Manatlger Transmittal 10/21/99: Airport Lease Between City of Sebastian and ,4 & B Leasing l~nt..Inc, d/b/a Velocity./nc,)_ 10 99.206 Authorize Expenditure For Purchase Of Seven (7) ConlPuter processors From Gateway Computers. Inc. - Poli~ I~p~anent - $8.197.00 (Police Department Transmittal 10121/99. Quotq #410!4016Florida) 17. AI~JOURN (Ail meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majorRy vote of City Council) 11 City of Sebastian Management Team Meeting Agenda 10:00 a.m. October 27, 1999 Review of October 27, 1999 City Council Meeting Kay O'Halloran He United Way of Indian River County/Presentation & Oral Overview -Kerry Harris, Campaign and Communications Director -Janet Wright, Representative Sebastian River Chamber of Commerce Advertising -Terrence Moore City Newsletter Set Up / Sebastian's Pelican Brief -Terrence Moore V. For the Good of the Order Adjourn .............. 0 0 ~ 0 o ...o~ CITY COUNCIL MEETING DATE: ITEM NO. ,~-t~- C, MOTION ROLL CALL, ! Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher SECOND ITEM NO. Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger/) SECOND ITEM NO. q~J' ~-g Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neubcrgcr Mr. Barczyk SECOND ITEM NO. ROLL CAI,L 4 Mr. Bishop Mr. Majcher Mayor Neuberg~ Mr. Barczyk Mr. Barnes MOTION ITEM NO. q ROLL CALL Mr. Majcher Mayor Neuberger Mr. Barczyk ~( Mr. Barnes '{ Mr. Bishop ~ MOTION~xL/~ SECOND I SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 27, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit often minutesper speaker (R-99-21) CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Dr. Ronald Thomas, Sebastian United Methodist Church 2 99.201 3-6 I~,OLL CALL AGENDA MODIFI(~ATIONS (ADDITI~ONS AND/OR DELETIONS.~ Items not on the written agenda may be added on~ upon a majority vote of City Council members (R-99-2]) PROCLAMATIONS,~ ~OUNCEMENTS AND/OR p}tESENTATIONS Proclamation - Keep Indian River Beautiful County Sweep Day - 11/6/99 - Walter Barnes Accepting Proclamation - Designate Month of October 1999 as Domestic Violence Awareness Month - Justine Stien, President of GFWC Sebastian River Junior Women's Club Accepting Presentation by Indian River County Scrub Jay Habitat Conservation Plan - Airport Future Industrial Land Use (City Manager Memo 10/19/99, Keating Letter 10/7/99) I 99.207 7-8 9-28 99.143 29-34 99.204 35-52 8. 9. 10. 11. 12. 13. 14. 15. 16. Presentation by Pelican Island Elementary School - Information About Land Acquisition Project to Preserve Scrub Jay Habitat (Pelican Island Elementa~j School Letter Dated 10/22/99) CITY ATTORNEY MATTERS CITY MANAGI~R MATTERS CITY CLERK MATTERS CITY COUNCIL MATTERS A. Mr. Majchcr B. Mayor Neuberger C. Mr. Barczyk D. Mr. Barnes E. Mr. Bishop CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of con~t agenda items unle~ a member of CiO, Council so requests; in which even~ the item will be removed and acted upon separate~. A. Approval of Minutes - 10/13/99 Regular Meeting Operation Hope/Freedom Christian Center Request Usc of Community Center for Fundraiser - 11/20/99 - 7:30 p.m. to Midnight - Council Approval Required for Extended Use and to Charge Admission Fee - 300 Attendees - Police Security Required (City Clerk Transmittal 10/19/99, Application, R-98-43 Excerpo Resolution No. R-99-50 - Vacation of Easement - Ingrarn - Lots 15 and 16, Block 26 Sebastian Highlands Unit 1 (Growth Management Transmittal 10/20/99, R-99-50, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 15 AND 16, BLOCK 26, SEBASTIAN HIGHLANDS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. pUBLIC HEARING - None INTRODUCTION OF NEW BUSINE~;.$ F_ROM TIlE PUBLIC Item that ha~ occurred or was discovered within the previous ~ months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORTS/RECOMME~ATIONS OLD BUSINESS ~EW BUSINESS 99.202 A. 53-60 Authorize Expenditure For Purchase Of A New Track - Building Department - $12,227.00 (Building Department Transmittal 10/19/99, Sheriffs Association & Florida Association of Counties-Contract #99-07-913) 99.203 B. 61-68 Authorize Expenditure For Purchase Of A New Truck - Growth Management - $12,227.00 (Growth Management Transmittal 10/19/99, SherifFs Association & Florida Association of Counties- Contract #99-07-0913) 99.205 C. 69-88 Authorize Execution of Airport Lease Between City of Sebastian and A & B Leasing Ent.,Inc. d/b/a Velocity, Inc. To Commence on November 1, 1999 and End on 20th Anniversary of Such Date (City Mananger Transmittal 10/21/99, Airport Lease Between City of Sebastian and A & B Leasing Ent.,Inc. d/b/a Velocity, Inc.) 99.206 D. 89-90 Authorize Expenditure For Purchase Of Seven (7) Computer Processors From Gateway Computers, Inc. - Police Department - $8,197.00 (Police Department Transmittal 10/21/99, Quote #41014016Florida) 17. ADJOURN (All meetings shall adjourn at l O: 30 p. m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON 19710 DECIDE, g TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL IVITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HE,4RiNG) MLL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBAIIM RECORD OF THE PROCEEDINGS IS MADE, WttlCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WltlCH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLIANCE WITH THE AMERIUMNS WITH DISABILITIES ACT (ADA), ANYONE WttO NEEDS A SPECIAL ACCOMMODATION FOR THIS MtrJ~,TING 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. Upcomi~ Mcclings: Regular Meeting - Wednesday, 11/3/99 - 7pm Regular Meeting - Wednesday, I I/17/99 - 7pm Regular Meeting - Wednesday, 12/1/99 - 7pm Regular Meeting - Wednesday, 12/15/99 o 7pm -,.~., ,~,~....: . ~ ,, .: · ~; ..,, .- . ~,. ; ~!~4~,. :.. · ~CQ...':· i :- C.:',,..',.'.;,.",j .: ~ ":., ..' '..',.~?- .. ,~. · 7 ~. '.: .',?.' .%',.; .':':' .}' -""' 2.. ; ~.' ','" ".C' i:i'.~ ,:.':: . ": .. o...~ . , '"'" ::" '" ' WHEREAS '- .... '.'". ~"',~,,, ..- ':'~.'i' ..". ,:'".;: ' ~""' educhti61i~l:~"d' ~,~.. ' ~ ..~ 2. :.*,.- ,:: ~. '/. ' .,'":,,'. · · ......... ,~ ~L~,.') ~'.. . .. . ...~..... · .~ , ~. 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""-"," · ......... , .... -'.7,~ ..... ." , ..:,':~.,,.' .... problem mmanyareasoflr, R~ver. ~n y .... ,~'..,1./". .,.~:.,..,-;',:~,:,,. ,,;.:'." · .;:' . ~ ' · :~-.j,,' . ,15~,-1c;-,~.:" .e.:''~r', ~ / ,~ ' , ",,e , · . ,' ' '~- ,' ,',,."-lcli'{Z ~ ' ,'-. ' ' . , - .... .' · :-. ~_,,- ~.'-;i"_-,~.',, , ,-.,'. ,a~:' ~" ,c- 'i ,,.: ' ' , '. . ~- ,. ; ~;", .... . ,*. ,:,::',. · . ..I,"-,,'-..r~-~l,,.'.'~.',~ ,: .-. . . .~ *,..',', --. ~, '., ~. , . ,. . .. · .' , ..; ~,3...~.~ .... ')::,,!'; :.5' NOW, THEREFORE; ,huck ~;~ :r I}y v, lue ol Iht authority ;:'..g.'~,. ,..~ · :.. vested in me as Maybr of the ( ! of Scbam:m, do hcu. hy procla.,, tho C~ty'~i.~..:~..-,., ' .... of Sebastilin to lie pi,ft ol lite C..'o, mtv Swe-';p,, Novemb:;~ 6, 1999, and ask all ;,.'-~:'--".,". · ' · . -~.. . ~. · .,. -' ,' ..... . .., ~ . 4 ... .~ .. ,$.,,'; . '.:... residents,.,and .c,v,c ort;:,,z,',,,,.,s ,, p,,,c.pate m ,I,,s effort:. ,- . '-., . , '~.~..,2~; .t,'.,,,-: ,.~'~ ~.':,C~,"" ,' 1' '" "';r;,' ~, % .;'~ ' .,{:'1',-. ~';,'ff-P'",," ".2. '. . ': ' · .' .... :?,-%,~,~',;'~,.'. ',"-i.":,,t: '-"~. ,so ',,/,,.'" .;;!'; ~ ~._.],";. · .' .: .' .',,x-,'l-.', · ' .... .. '. · IN,W_ ITNESS.)V. HI~,.REOF,'I have hereunto set my hand and caused;(::::~ .. -.' · .' -' ~ .'-.. · 'ea''-~ ~ , ..'r. : '' .. ' ' ' " ' · I]1 .' ..... ~, ri'r- . : ' ' · ;. ,"... ':-'" the seal of thc CRy,ofL%bastian, Florida, to be affixed th~s 27. day. of,. '' n_._t__"lnnn'. .... ,l,.-~..-~.-'...-.l~.q:l..,.~, ~. -. ',.": , ..... .~ ' .~,., . , . ' · U<lOlJl~l-~-l~/:~:~..-~. .;', .-; ..-. '. .x~"., , · · · .. · ;. · . , .1 - "..., · · . , t - i . . -.~ .'....... . . ... , . · . .... ..._ . . . o. . , *.-',. ....~., . , .... · i" ~ :' 5'q. .:i .:"'.'::(:." .. .,....... ,....... ,,..,.,..., .......... , · ,¢' '' %~' ,~ ' ."~:, ..- ';~.~-_':,:',,t. .... ' ' ;' ':',' "- · "J~,"~"..-: .... 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City of SebaStian, Florida 1225 Main Street [] Sebastian, Florida 32958 Telephone (561) 589-5330 [] Fax {561) 589-5570 MEMORANDUM To: From: Kay O'Halloranl City Clerk Sally Maio, Deputy City Clerk Terrence Moore, City Manager Date: October 19, 1999 Subject: Presentation bv Indian River County Scrub Jay Habitat Conservation Plan Airport Future industrial Land Use Please find the attached letter from Mr. Robert Keating, Indian River County Community Development Director regarding a proposal for scrub-jay habitat conservation and airport industrial land use in our community. As such, let's m~ke arrangements to include Mr. Keating on the presentation section of the October 27th City Council meeting agenda, as I have requested that he and his staff be available to discus~ls the pro~ ~ ' . ~ / ,"~ "Terrenc~e' ~ TRM/ Attachment My Documents/Countypresentation2 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Veto Beach, Florida 32960 Telephone: (561) 567-8000 October 7, 1999 Terrence Moore, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Sebastian Area-wide Scrub-Jay Habitat Conservation Plan; Presentation to the City Council on October 27, 1999 . Dear Mr. Moore: Thank you and your staff (Terry Hill and Tracy Hass) for meeting yesterday with County environmental planning chief Roland DeBlois, environmental consultant Lisa Smith, Mike Jennings of the U~.S.. Fish and Wildlife Service (FWS) and me regarding the draft Sebastian Area-wide Scrub-Jay Habitat Conservation Plan (HCP). As we discussed, county staff will be prepared to present the plan to the City Council at the Council's regular meeting of October 27, 1999. As you know, the Florida scrub-jay is a federally threatened species (listed in 1987) and is protected ,!,,der the federal Endangered Species Act as administered by the U.S. Fish and Wildlife Servk':,. decade now, there has been a conflict between protection of occupied scrub-jay habitat on lauaa~'cc~:, .~ platted lots in the Sebastian Highlands vs. release of those lots for residential development. '-'- Last year, the County contracted with Lisa Smith of Smith Environmental Services to develop a scrub-jay habitat conservation plan, which has now been completed. The plan is an integral part of the process for the County and City to obtain an "incidental take permit" (ITP) from the FWS, to release for development platted residential lots in the Sebastian Highlands that are currently occupied scrub-jay habitat. The County and its consultant, in coordination with you, School Board staff and others, have developed a thoughtful plan that will conserve critical scrub habitat on publicly owned land enough to sustain the Sebastian-arm population of scrub-jays, and still allow release of the platted lots for development. The plan also takes into account the City's need to retain its induslzial land base at the Sebastian Municipal Airport, and has been drafted so as not to impede the City's economic development opportunity. Summary of the Plan Initially. th, ere w~e as many as 2,000 toks identified ;n the Sebastian Highlands as scrub-jay warranting protection under the Endangered Species Act, Over the years, however, due to more detailed surveys and due to habitat loss from overgrowth, there are now 317 lots identified as occupied scrub-jay territory. The HCP as written will not only result in release of the 317 lots for development, but will also release all - 14,000 lots in the Highlands from any potential future constraints that may otherwise occur if displaced scrub-jays move to lots not currently occupied by scrub-jays. To offset the loss of scrub-jay occupied habitat that will occur when the 317 lots are developed, the County is proposing to conserve and manage, in perpetuity, -280 acres of scrub land acquired under the county environmental lands bond program, in addition to that, the plan calls for the protection and management of ~ 12 acres of scrub on the Pelican Island Elementary School campus and -32 acres of occupied scrub jay habitat on the airport property. Scrub-jay HCP Page 2 Attached is a bullet summary of the scrub-jay habitat conservation plan, including a summary of what is requested of the City as a part of this cooperative effort to finally resolve this long-standing issue. County staff looks forward to the October 27t~ presentation. If you have any questions, please do not hesitate to contact Roland DeBlois or me. Sincerely, Community Development Director Attachment: Bullet summary of the Sebastian Area-Wide Scrub Jay Habitat Conservation Plan Cc: James Chandler Roland DeBlois Lisa Smith Mike Jennings W:\users~rolaad~hcpjay~ei~Itr Sebastian Area-Wide Scrub-Jay Habitat Conservation Plan Bullet Summary Main Comoonents of the HCP Implementation of the HCP will release for development 317 platted lots (-79.3 acres) in the Sebastian Highlands currently occupied by scrub-jays. The plan will also release all ~ 14,000 platted lots in the Sebastian Highlands (and airport property not conserved under thc plan or previously) from any potential future constraints that may otherwise occur if displaced scrub-jays move to other lots or airport property not currently occupied by scrub-jays. To off-set the destruction of Occupied scrub-jay habitat that will result from the incidental take permit · issued in conjunction with the HCP, the following "compensation areas" on public lands (-324 acres) will be conserved, restored, and managed in perpetuity: -280 acres of scrub on lands acquired by the County under the county environmental lands program (the North Sebastian Conservation Area, the Wabasso Scrub Conservation Area, and the Sebastian Highlands Conservation Area) -32 acres of occupied scrub-jay habitat on the Sebastian Airport property, plus a I00 foot wide "dispersal corridor" buffer along the southwestern edge of - 90 acres of industrial land on the airport property (that will remain unrestricted for future industrial development). ~ 12 acres of occupied scrub-jay habitat on the Pelican Island Elementary School camp, currently used and managed for outdoor environmental education programs. Restoration and management of the compensation areas of scrub to be conserved consists of two main activities: removal of mature trees (by a timber company to be contracted by the County), and incremental prescribed burns. Cit'v of Sebastian Particioation City establishment of a conservation easement and allowance of management, in perpetuity, of -32 acres of occupied scrub-jay habitat in the northwest quadrant of the Sebastian Municipal Airport property. In addition, a 100 foot wide "dispersal corridor." buffer strip is to be conserved and managed along the southwestern edge of ~ 90 acres of industrial land on the airport property (that will remain unrestricted for future indnslrial development). City conservation and management of an existing hedgerow between the municipal golf course and the northeast-southwest runway, by keeping said vegetation Iow ~ six feet high) and open to allow for scrub-jay dispersal. City allowance, for interim management purposes, of timber removal and prescribed burning of the entire -94 acre industrial land area on the airport property prior to City establishment of an industrial park on said acreage. City allowance, via amendment or interpretation of current ordinance restrictions, of prescribed burning of lands identified under the HCP for ecological management purposes. City abandonment of plans to extend Gibson Street (130th Street) through the North Sebastian Conservation Area. W:uscra~roland~hcpjay~cityltr 23:41 407-58B-2584 PELICAN ISLAND Pelican Island Elementary School Bonnie J. Swanson, Principal Sharon Coscio, Elementary Specialist 1355 Schumann Drive Sebastian, Florida 32958 October 22, 1999 Mr. Tervencr Moore City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mr. Moore: As Principal of Pelican Island Elementary School I am requesting an opportunity for myself and members of out School ECO Troop to speak to the Sebasfan City Council on Wednesday, October 27. The reasor~ for this request is to inform you about oox land acquisition project to prose-rye out Scrub Say Habitat. Sincerely, Bonnie J. Swanson Principal I I SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 13, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Neuberger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence ROLL CALL Cily Council_Present: Mayor Chuck Neuberger Mr. Joe Barczyk Mr, Ben A. Bishop Mr. Edward J. Majcher, Jr. Staff Present: City Managa', Terrenc~ Moore City Attorn~, Rich Stringer City Clerk, Katht~ O'Halloran Deputy City Cl~rk, Sally Maio Finance Director, Mark Mason Building Director, George Bonacci Police Chief; Randy White City Engineex, Martha Campbell Regular City Council Meeting October 13, 1999 Page Two 9R192 5. 99. 046 99.193 o PBrESTITI~q~ OF NEWLY APPOINTED CITY COUNCIL MEMBER WALTER BARNE~i Mr. Barnes was sworn in by the City Clerk and took his place on the dais. ~,GENDA MODIFICATIONS (ADDITIONS ~ND/OR DELETION$J Items not on the written agenda may be added only upon a mafon'ty vote of City Council members (R-99~21) Mayor Neuberger recommended adding the removal of the water restriction to the agenda. Following some discussion, it was the consensus of City Council to dJr~t the CiW Manager to ascertain current aquifer levels and place the item on the next agenda. PROCLAMATIONS,, ANNOI~CEMENTS Aj~/OR PRESENTATIONIt Presentation of Certificate~ to l~ll01~llly~ 0fthc Secor~d Ouartcr 1.999 - Gerry Kubes ~ Building Department - Gary Johnson - Public Works Mayor Neuberger read brief bios and presented plaques t~, (';c,:. B. Pl'~entation by Pelican Island Garden Club (C[gt Manager Tralltn_!/llaLL0~.dM_iqueloi~l Trudy Hirtling, President of the Garden Club, gave a brief presentation to City Council about Garden Club Park and its plans to build a gazebo, and requested that electricity be made available in the park. Mayor Neuberger offered to donate his services for the electrical work. CITY AT'FORNEY MATTt3R$ Said he had sent the letter to the Attorney General regarding real estate licenses. CITY MANAGl~R MATTgI~ Reported on the Indian River County agreement for allocation of $200,000 for the Good Guys property, which will be on the Tuesday commission agenda and will come to Council in the near future Reported that US Fish and Wildlife will aXe_nd the 10/27/99 meeting to discuss a scrub mitigation agreement 2 i I I I I I i i I I I I I i I I Regular City Council Meeting October 13, 1999 Page Three 10. CITY CLERK MATTERS None 1 I. L-'ITY COUNCIL MATTER~ A. Mr~ Bishop None. B. Mr~ M~jchcr 99. 072 Inquired about repair of Schumann lights, and proposed city entrance signs. The City Manager responded to both inquiries with updates, noting light repairs will be addressed soon and a proposal from a local sign shop will be presented at a future meeting. C. Mayor N~berger 1. Liaison Apll.ointments (City Qerk llilnsmittal, Liaison List) Mr. Barnes said he would be happy to assume all of the vacant positions. Other_Milyor MaRers · Inquired about Schumann Drainage, and the City Manager said the project is drawing to a close. · Challenged residents to participate in the Keep Indian River Beautiful clean up day on November 6, 1999. Mr. Barnes gave a brief update and noted that announcements will be made as to where bags can be obtained in the Sebastian area. D. · Inquired about the status of the Riverfront zoning ordinance, and recommended the City Attorney and City Manager proceed as previously directed by Council. The City Manager concull'~ E. Mr. Batne~ · Suggested the Land Development Code and zoning revisions be completed before the next election. · Discussed an article regarding a consultant for a master drainage plan and inquired why another study is being considered. The City Manager said the new study, will be an update and that he will come to Council for direction on an action plan. · Thanked his grandchildren for their participation in his investiture. 3 Regular City Council Meeting October 13, 1999 Page Four 99.13.5 99.192 9~129 12. 13. 14. ,411 items on the cansmt agenda are considered routine and will be enacted by one motion. There will be no separate discu&vion of consent agenda itema unle.~ a member of tiO, Council so requests; in which even~ the item will be removed and acted upon ~'Imrate~. A. Approval of Minutes - 9/22/99 Regular, 9/29/99 Workshop, 10/6/99 Special Sebastian Area Chamber of Commerce Request for Use of Riverview Park for Concert - Use of Electricity and Bleachers- 10/23/99 - 5 pm to 9 pm (City Clerk Transmittal 10/1/99, Bis. hop Letter) Formal Aceeptanee of Walter Barnes - Resignation fi.om Charter Review Committee (Letter 10/7/99) Indian River County Recreation Request for Permission for Rotary Club to Sell Concessions at Riverview Park in Conjunction with Halloween Parade on October 30, 1999 (City Clerk Transmittal 10/7/99, Letter) The City Manager read the consent agenda. MOTION by Bishop/Barnes "I would move to approve consent items A, B, C and D." ROLL CALL: Mayor Nenberger - aye Mr. Barezyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-O PUBLIC HEARING - None ILNTRODUCTIQN OF NEW BUSINESS FROM THE PUBI.,IC Item that ha~ occurred or wa~ discove~d within the previotu ~t months which is not otherwise on the agenda - sign-up required - limit often minutes for each ~peaic~r Philip Kautzman, Havefford Lane, Sebastian, read a letter regarding establishment of no'through truck traffic ordinance (see attached) Ruth Sullivan, Indian River Drive, Sebastian, requested a status on the proposed Skateboard Park. The City Manager said a FRDAP grant application has been submitted, a site plan developed, and $80,000 allocated in the budget. Regular City Council Meeting October 13, 1999 Page Five 15. COMMITr~I~ REPORTSfI~COMMENDATION$ 99.194 Police Retirement Bolnl of Tmst~ (City Clerk Transmittal 9/28/99, 4 Applications, Advertisement, Member List) 1. Interview Applicants, Unless Waived and Appoint Two Regular Members for Two Year Terms to Expire 10/2001 MOTION by Neubetger/Bishop "I would like to make a motion to renominate Marilyn Waldis and Kathleen Braner.' VOICE VOTE on the motion carried 5-0. 9~009 B~reaii0~.Advisory BOCCI (City Clerk Transmittal 9/28/99, 1 Application, Advertisement, Member List) 1. Interview Applicant, Unless Waived, and Appoint to One of Two Vacant Positions a. Regular Member Citizen-At-Large Unexpired to Expire 12/2000; or b. Alternate Member Term to Expire 12/2001 MOTION by Bames/Majchet "I make a motion to appoint Donald Scott to the Regular Member Citizen-at-L'~rge position." VOICE VOTE on th~ motion carded 5-0. OLD BUSINESS - None 17. NEW BUSINF.,S~i 99..t95 A. A'~r~l Bid for Main Strget pier Replacement to Summ~rt[n Seve~Seas in th~ fimount of $41,760 (Public W'olka Transmittal 9/27/99. Bid Proposal) TAPE I . SIDE H (7:47p.m.) The City Manager gave a brief staff summation. The City Manager noted that Dockside Builders bid was incomplete and higher. MOTION by Barnes/lqeuberger "I'11 make a motion to award the bid for Main Street pier to Summerlin Seven Seas." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Ma-. Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting October 13, 1999 Page Six 9~]96 Waive Bid andAuthofiz~ City Manager3o Enter Into Contract wilh Clark 50jes Dia121ay_- 1999 Holid&v Lighting AIongULS. I in_the Amount of $3,770 (City Manager Tran~mil;taL 9/30/99) Discussion took place oa decorations for other areas of the city. The City Manager said he would come back with a report at the next meeting. MOTION by Majcher/Bishop "I make a motion to waive bid and authorize City Manager to enter into a contract with Clark Sales Display, 1999 holiday lighting along U.S. l in the amount of $3,770.00." ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barezyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 99.11d C. 98.134 Al~oriz~ ~ity Manag~:r to [Sxecute Local Mitigation (City Manager Trai~nittal 9/30/~9. Modification #2) MOTION by Barnes/Barczyk "I make a mofiou to authorize the City Manager to execute the Local Mitigation Strategy Contract Modification #2." ROLL CALL: Mayor Ncuberger - aye Mr. B~'czyk - aye Mr. B~rnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 9~197 D. Waive Bid and Apl~rove Competitive Written Quote - Awoxgl Q~_O..uact~?~,~;.. ~.. ~ ~:~:..,.!..; .~,:. ~. Printing to Total prim of S~i~tian in the AmounLoff_$6,258.88 a0d Apl~ropr~.~[~ Addgj.0aal $ !.620 t~o Meet Quogal Postage Price (City Manager/purchasing Transmittal 10/5/99) The City Manager gave a brief report on the newsletter. 6 Regular City Council Meeting October 13, 1999 Page Seven 99. o~8 E. 99.198 F. MOTION by Barczyk/Majc3er "I move to waive the City's formalized bidding procedures for the procurement of the City's Quarterly Newsletter Printing, approve the Competitive Written Quote for Proposal and award the City's Quarterly Newslettex printing to Total Print of Sebastian, in the total amount of $6,258.88 and appropriate an additional $1,260.00 to meet the qUoted price." The Finance Director said the $1,260 will come from non-departmental. ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mt. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 5-0 Authorize City Manager to Ent~te Supplemental Agreement # 14 with M~stellcr and Moler. for $15,050 (Enginccrii~g Transmittal 10/5/99, Supi~lemental Agreement # L4) The City Engineer responded to concerns expressed by Mayor Neuberger, regarding use of Masteller & Moler for inspections, noting they will i~ working under her supervision. MOTION by Bishop/Barczyk "I'd move to authorize the City Manager to execute Supplemental Agreement # 14 with 191asteller & Meier, Inc. for $15,050." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 First Reading of Ordirl03¢¢ No. 0-99-14 - Araqll.dingTechni,al Codes - Schedule Second Reading and Public H~aring for 11/3/99 CBuildillg Department Transmig.al 10/_3/99, Q-99- 14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& AMENDING CODE OF ORDINANCES CHAPTER 26 UPDATING TECHNICAL CODES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTiVE DATE. The City. Attorney read Ordinance No. O-99-14 for the first time by title only. Regular City Council Meeting October 13, 1999 Page Eight The Building Director said there is an effort to establish a state-wide building code, which he said in his ~ini~ would be a step backward. MOTION by Neuberger/Barczyk "I move to approve the fa-st reading (of Ordinance No. O-99-14) and set the public hearing for November 3, 1999." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 G. l~irst Reading of Ordinance No, O-99-15 -~larrn Control - Schedule Second Reading and_Public Hearing fff 11/3/99 {Police Transmitt~J 1017/99. 0-99-15) ~ ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& AMENDING CHAPTER 39, ARTICLE 2, PI.ARM 8Yg'I'Ea~; PROVIDING FOR CONFLICT~; PROVIDING FOR SEVERABIL1TY; PROVIDING FO~: ~ ' · " The City Attorney read Ordinance No. O-99-15 for the first time by title only. The following individuals objected to the $30 annual fee. Alida Himhfeld Fred Koford Louise Kautenberg Phil Kaut~aan Robert Kamaris Dian~ Woodward Mr. Himhfcld Joanne ?? TAPE H- SIDE I (8:33 p.m.) Discussion followed regarding the importance of updating user information annually, reducing the $30 fee to the current $10, and grandfathering anyone currently registered. 8 I I I I I I I I I I I I I I I I Regular City Council Meeting October 13, 1999 Page Nine MOTION by Barnes/Neuberger "I'll make a motion to approve the fa'st reading of Ordinance O-99~15 alarm control, as ameaded, the amendments being the removal of the fees for renewal, the $30 fee changed to $10, and schedule thc second reading and public hearing for 11/3/99." Tl~ City Attorney received clarification that the annual renewal fee will be charged if someone has a false alarm, and that apartment complex fees will remain as written. ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTIONCARRIED5-0 99.199 Mayor Neuberger called recess at 9:05 pm and reeonvened at 9:15 p.m. All members were present First Reading of O~dinance No, O-99-17 - Amen~ting£ity Investment Polk~y Pro_vj~jgp~ (Finance Dig-x:tor Tr~snli~al 10/6/9.9.,_O-99- ! 7. Culxen~ PoJ[~LI~S 218.415) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2 INVESTMENT POLICY PROViSIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-17 for the fa'st time by title only. The Finance Director gave a brief staff summation. MOTION by Barnes/Majcher "I'll make a motion to approve Ordinance O-99-17 amending the city investment policy." (Public Hearing 1 I/3/99) ROLL CALL: Mayor Neubergcr - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTIONCARRIED5-0 Regular City Council Meeting October 13, 1999 Page Ten I. First Reading of Nineteen Charter Anaendment Ordinances - Schedule Second Reading ao~ Public i~;i~riag f~r lJ~/~9 (City_Attorney Transmi0,ai I0/7/99, Qrdinance Nos. 0-9% 18_ through 0-99-36] I. OrcYmance No~ 0-99-I 8 (Propo~ed Amendrnent # I ) AN ORDINANCE OF THE CITY OF S~, INDIAN RIVER COUN'rY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I OF THE CITY CHARTER TO PROVIDE FOR EXTENSION OFT HE lIMn'oN AIRPORT LEASES FROM TWENTY (20) TO THIRTY (30) YEARS; PROVIDINO FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTE~ PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESI'ABLISHINOTHE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-99-18 for the first time by title only. MOTION by Bames/Barezyk "Ill make a motion to approve Ordinance O-99-1g." (Public Hearing 11/3/99) ROLL CALL: Mr. Barezyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Ne~berger - aye MO~ONCARRiED5-0 2. Ordinance No. 0-99-19 O~roposedAmend~¢nt #2) AN ORDINANCE OF THE CITY OF SEBAffrIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM iSSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I OF THE CITY CHARTER TO DELETE SECTION 1.05 TO REMOVE SPECIAL STATUS FOR NONCONFORivIING USES ANNEXED INTO THE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ~ON SHALL BE CONDUCTEi>, PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTIOn, ESTABLISHING THE FORM OFTHE BALLOT FOR SUCH ELECTION; AND PROVIDING FOP. AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-19 for the first time by title only. MOTION by Barczyk/Bames "I move that Ordinance O-99-19 be approved." (Public Hearing 11/3/99) ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 - l0 Regular City Council Meeting October 13, 1999 Page Eleven Mr. Bishop suggested that the two Committee recommended amendments (14 and 15) be added back in at some point. 3. Qrdinan~ No. 0-99-20 (ProposedAmendmcnt #$) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBM1TA~ ISSUE TOTI~ ~RATE INO~DERTO AMEND ARTICLES II AND IV OFTHE CiTY CHARTER TO PROVIDE FOR CHANGING CITY COUNCIL TERMS FROM TWO (2) YEARS TO FOUR (4) YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE L-'ONDIh.-Ii~, PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELEL-~ION; ESTABLISHING THE FORM OF ~ ~ k'OR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-99-20 for the fu-st time by title only. MOTION by Majcher/Barezyk "I move to approve Ordinance No. O-99-20." (Public Hearing 11/3/99) ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - nay Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 4-1 (Neuberger - nay) Ordinance NO, O-99-21 (Proposed Amendment #4) AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENEgJM ISSUE TO THE E, LECTORATE INOOX)F.R TO AMEND ARTICLES II AND IV oF THE CITY CHARTER TO PROVIDE FOR EXIENSION OF DATES THAT ~ I)~.,SULTS ARE DECLARED AND NEW COUNCILMEMBERS TAKE OFFICE~ PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTEI~, PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; F,..qTABLISItlN~ THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-21 for the first time by title only. MOTION by Barnes/Bishop 'TII make a motion to approve Ordinance O-99-21." (Public Hearing 11/3/99) ROLL CALL: Mr. Majcher - nay Mayor Neubcrger - nay Mr. Barczyk - nay Mr. Barnes - nay Mr. Bishop - aye MOTION FAILED 1-4 (Majchcr, Neuberger, Barczyk, Barnes - nay) i1 Regular City Council Me~ting October 13, 1999 Page Twelve 5.. Ordinancel~k~ O-~9-22 ('ProposedArnendment #5,2 AN ORDINANCE OF ~ crI'Y OF SEBAffHAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM/~UE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CiTY CHARTER TO PROVIDE FOR AN INCREAgE TO CITY COUNCIL SALARIES; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCI'E~, PROVIDING THE TIME AND PLACI~ FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BAI2_~T FOR SUCH ELF. CHON; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-22 for the first time by title only. MOTION by B~ishop "I'll make a motion to approve the Ordinance 0-99-22." (Public Hearing 11/3/99) ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 TAPE II - SIDE ii ~:$0 p.m.) 6. OrdinatlC~.lqo,,O-99-23 (Proposed ,4mcndment #6~) AN ORDINANCE OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELEC'I'ION TO SUBMIT A REFERIgNDUM ISSUE TO THE ELEC'I~RA~ IN ORDER TO AMEND ARTiCLES II AND IH OF THE CITY CHARTER TO PROVIDE FOR CLARIFICATION THAT MAYOR 8IGNS LEGISLATIVE DOCUMENTS AND CITY MANAGER SIGNS CONTRACTS AND OTHER BUSINESS DOCUMENTS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTEI~, PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney nad ordinance No. O-99-23 for the f~t time by title only. MOTION by Majcha'/Bames "I move to approve Ordinance No. O-99-23." ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 5-0 12 Regular City Council Meeting October 13, 1999 Page Thirteen 7. ~llace No. O-9~-24 fProposed Amendment # 7) AN ORDINANCE OF THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM IS.YtJE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR A REQUIREMENT FOR SPECIAL ELECT/ON TO FILL COUNCIL VACANCIES OF GREATER THAN SIX MONTHS; PROVII)ING FOR TH~ MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTEI~. PROVIDING THE TIME AND PLACES FOR HOLDING ~UCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-24 for the first time by title only. Mr. Banes recommended language that if less than six months remains, Council not go back to a previous election for an appointee but that the ter. eatly used nomination procedure be used. MOTION by Neuberger/Majcher "I make a motion to approve Ordinance 0-99-24." (Public Hearing 11/3/99) MOTION by Bames/Neubexger "In place of using last election results, Council shall use the procedure previously used in October 1999." ROLL CALL: Mr. Bishop - nay Ma'. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Ma'. Barnes - aye MOTION CARRIED 4-1 (Bishop - nay) ROLL CALL: Mr. Barnes - aye Mr. Bishop - nay Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION C~RRIED 4-1 (Bishop - nay) 8. Ordinance No. 0-99-25 (Proposed Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY. FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR PROCEDURES FOR REMOVAL OF CITY COUNCIL MEMBERS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED;. PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OFTHE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-99-25 for the ftrst time by title only. 13 Regular City Council Meeting October 13, 1999 Page Fourteen MOTION by Bishop/Bam, s "I would move to approve Ordinance 99-25." (Public Hearing 11/3/99) Ruth Sullivan objected to Co~il judging its peers. ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 9. Ordinance No. O-~.26_tTProposedAmendment #9) AN ORDINANCE OF THE CITY OI~ SE~, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND' ARTICLE H OF THE CITY CHARTER TO PROVIDE FOR A CHANGE IN THE MANNER OF CALLING SPECIAL MEETINGS OF COUNCIL SO ALL COI~NCIL~.MBERS HAVE EQUAL STANDING; PROVID~G FOR THE MANNER IN WHICH SUCH EI.ECrY/ON ~l~'~l,l, BE ~rr~u~;~ PROVIDING THE TIME AND PLACE~ FOR HOLDING SUCH ELECTION; ESTABLIS! HN 4:1: 'c~:' ,' .~ SUCH ELECTION; AND PROVIDIN(~ FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-26 for the fu'st time by title only. MOTION by Majch~r/Bishop "I move to approve Ordinance No. O-99-27 (O-99-26)." (Public Hearing ! 1/3/99) ROLL CALL: Mr. Majcho' - aye Mayor Nc'ut)ergo- - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 10. Ordinance No. 0-99-27 (Proposed Amendment #I0.2 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR ALLOWINO STANDIN~ COMY~l ~ ~ES GUIDELINES TO BE SET UP PURSUANT TO ORDINANCE AS WELL AS RESOLUTION; PROVIDING FOR T~E MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED;, PROVIDING THE TIME AND PLACES FOR HOLDING ~0CH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTP~ DATE. The City Attorney read Ordinance No. 0-99-27 for the first time by title only. 14 Regular City Council Meeting October 13, 1999 Page Fifl~n MOTION by Bishop/Barczyk "I move to approve Ordinance O-99-27." (Public Hearing 1 I/3/99) ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 5-0 11. Ordirlarl~e No. O-99-28 (Proposed Amendment it 112 AN ORDIN/~NCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN EI~ECTION TO SLrBIvllT A REFERENI)UM ISSUE TO TIlE F2.EL~ORATE IN ORI)ER TO A/viEND ARTICLE [II OF THE crrY CHARTER TO PROVIDE FOR REMOVAL OF CHARTER OFFICERS WITHOUT CAUSE IF PUILSUANT TO CO--CT; PROVIDING FOR THE MANNER IN WHICH SUCH ~ SHALL BE CONDUCTED;, PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-9%28 for the fa-st time by title only. Ruth Sullivan objected to this ordinance. MOTION by Bishop/Barnes "I would move to approve Ordinance O-99-28." (Public Hearing 11/3/99) - ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 4-0 12. Ordinance No. Q.99-29 (f'roposedAmendment itl2.J AN ORIDINANCE OF THE CITY OF SEBAS'TIAN, INDIAN RIVER COLrN'rY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE III OF THE CITY CHARTER TO PROVIDE FOR SETTING STANDARDS FOR VOTE TO CHARGE CHARTER OFFICERS Wrl'H CAUSE FOR REMOVAL; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH EA.Ec"rlON; ESTABLISHING THE FORM OF THE ~ FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-29 for the first time by title only. 15 Regular City Council Meeting October 13, 1999 Page Sixteen MOTION by Bames/Majcher "I make a motion to approve Ordinance O-99-29." (Public Hearing 11/3/99) ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 13. Or~lioan¢, No. O-99-30 (Proposed~nendment #13). AN ORDINANCE OF THE CITY OF SEBASTIAN, INDL~N RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE III OF THE CITY CHARTER TO PROVIDE FOR ADOPTION OF THE CITY BUDGET AND MILLAGE BY RESOLUTION; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHINO THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Thc City Attorney read Ordinance No. 0-9%30 for the first time by title only. MOTION by Barczyk/Majchcr "I move that Ordinance No. O-99-30, proposed amendment 13 be approved." ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 14. Ordinanc~ No. 0-99-3 l (Proposed Amendment #16) AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OFTHE CITY CHARTER TO PROVIDE FOR ADOPTINO ELECTION FILING FEES A~ SET BY LAW; PROVIDING FOR THE MANNER IN WHICH SUCH ~ON 5HALL BE CONDUC'rED-, PROVIDINO THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-31 for the first time by title only. 16 Regular City Council Meeting October 13, 1999 Page Seventeen MOTION i~y Bames/Barezyk "I make a motion to approve Ordinance No. 0-99-31." (Public Hearing 11/3/99) ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MO~ONCARRIED5-0 15. Ordinance No. O-99-32 O°roposedA~endment #17) AN ORDINANCE OF THE CiTY OF SEB/K~IT0~, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN EI~ECTION TO SUBMIT A REFERENDLVM ISSUE TO THE ELECTORATE iN ORDER TO AMEND ARTICLE IV OF 'rile crrY CtL~TER TO PROVIDE FOR INCLUDING THE CITY ATrORNEY AS A biEMBER OF THE CITY CANVASSINO BOARIY, PROVIDING THE TnVIE AND PLACES FOR HOLDING SUCH ELF~ON; ESTABLISHING THE FORM OF THE B/LLLOT FOR SUCH ELECTION; 3~x{l) PRO'~vTDINO FOR AaN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-32 for the furst time by title only. MOTION by Bames/Majcher "I'll make a mofio~ m approve Ordinance No. O-99-32." (Public Hearing 11/3/99) ROLL CALL: Mr. Barczyk - aye Mr. Barnes = aye Mr. Bishop - aye Mr. Majchex - aye Mayor Neuberger - aye MOTION CARRIED 5-0 16. Ordinance No. 0-99-33 (ProposedAmendmqnt #18) AN ORDINANCE OF THE crl-y OF SEBA~, INDLa. N RIVER COUNTY, FLORIDA. SCHEDULING AN' ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE iN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO PROVIDE FOR A RUN-OFF TO DECIDE TIES FOR COUNCIL ELECTIONS INSTEAD OF DRAWING LOTS; PROVIDING FOR THE ~ iN WHICH SUCH ELECTION SI~ BE CONDUCTEIY, PROVIDING THE TI~ ANDPLACES FOR HOLDING SUCH E~ON; ESTABLISH]NO THE FORM OF THE BALLOT FOR SUCH ELF_~ON; ~ PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-99-33 for the first time by title only. 17 Regular City Council Meeting October 13, 1999 Page Eighteen MOTION by Bishop/Baxczyk "I move to approve Ordinanc~ O-99-33." (Public Hearing 1 I/3/99) ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barqzyk - aye MO~ONCARRIEDS-0 17. Ordinance No. 0-99-34 [Proposed Amenc[ment # 19) AN' ORDIN~NCE OF THE crrY OF ~E~, INDIAN RIYER CO~, FLORIDA. SCHEDI. R.IN'O AN' ELEC33[ON TO SUBMrr A REFERENDUM ISSUE TO THE ELECTOR.A'rE I'N ORDER TO AMEND ARTICLE IV OF THE crr'Y CHARTER TO PROVH)F, FOR VIOLATION OF S'I"ATE ELECTION CODE AS A BASIS FOR DISQUALIFICATION AND PROVEDn'qG PROC~ FOR SUCH ACTIOIq; PROVIDING FOR THE MANNER IN WBICH SUCH ELECTION SHALL Bi~; CONDUL~VEi~, PROV'H)ING'iTIE TIME ~ P~ FOR HOLDING SUCH ELECTION; ESTABLISI-riNG ~ FORivi OF 'rilE BALLOT FOR SUCH ELECTION; ANT) PROVII)fl~G FOR AN EFFECTIVE DATE. The City Attorney re, ad Ordinance No. 0-99-34 Ruth Sullivan objected to this ordinance, citing that any violation of state electiog~ code could be used as a basis. The City Attom,y said the intent of thc Committ~ was to correct the existing language, and · recommended that Chapter 104 of the Florida Statutes could be specifically identified in the ordinance with Flodda Ehxtions Code in parmtheses. MOTION by Barczyk/Majcl~r "I make a motion w~ adopt Ordinance No. 0-99-34 to include the amendment that the words Florida Statues Chapter I04 and in parentheses Florida Elections Code." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Ma'. Barnes - aye MO~ONCARRIED5-0 18 Regular City Council Meeting October 13, 1999 Page Nineteen 18. Ordiaan~ No. 0-99-35 [Pro. posed Amendment #20). AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO PROVIDE THAT THE CITY MANAGER AND THEN THE CITY ATTORNEY SHALL SUCCEED THE CiTY CLERK IN APPOINTING INTERIM GOVERNMENT, RATHER THAN THE MAYOR AND POLICE CHIEF MAKINO SUCH APPOINTMENT~; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorn~-'y read Ordinance No. 0-99-35 for the first time by title only. MOTION by Barnes/Bishop "I'll move to approve Ordinance O-99-35." (Public Heating 11/3/99) ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barne~ - aye Mr. Bishop - aye MOTION CARRIED 5-0 19. Ordin~ce No. 0°99-36 ~roposed~mendment #21) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE VI OF THE CITY CHARTER TO DELETE OBSOLETE PROVISIONS FOR TRANSITION TO CURRENT CHARTER; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTE[Y, PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF TH~ BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-99-36 for the fa-st time by title only. MOTION by Bamea/Barczyk "I'll make a motion to approve Ordinance O-99-36." (Public Hearing 11/3/99) ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barn~s - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 19 Regular City Council Meeting October 13, 1999 Page Twenty Mr. Bishop again requested that amendments 14 and 15 be readdressed. Council that they not be brought back. J. Cil~ Council Pending List (Ciiy_Manager Memo and Lis0 Disenssion took place on pending agenda items. TAPE III- SIDE I (10:18 p.m.) The City Clerk explained the purpose of the list as a tool to track agenda items. said his memo was intended as an update to Council. 18. It was the consensus of The City Manager Oftieer Steve Mareinilc, representing PBA, thanked City Council for its efforts on employee health benefits. Being no further business, Mayor Neuberger adjourned the Regular Meeting at 10:25 p.m. Approved at the · 1999, Regular City Council Meeting. Chuck Neuberger Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 20 i I I I I I I Ilerk i Exhibits: Application Dated 10/18/99 ,; Expenditure Required: Amount Bndgeted: I I Appropriation Required: SUMMARY STATEMENT The City has received an application from Palri~ Delepenha, representing Operation Hope/Freedom Christian Center, for rental of the Community Center on November 20, 1999, from 7:30 P.M. until 12 Midnight for a fundraiser. As required by R-98-43, Section I(B) (copy attached), the applicant is requesting permission for use of the facility until 12 Midnight and also permission to charge an admission fee. The security deposit has been paid. She anficilnm~s an attendance of 300 and was furnished with the proper forms for the extra duty police officer services. RECOMMENDED ACTION Consider the request and act accordingly. RENTAL PERMIT APPLICATION No, Street / City ANTICIPATED NUMBER OF PERSONS A~DING ~: ,~0 D REQUESTED DATE: ~q TIME: From: '¢'~O ~; /~'~. Only PLEASE ANSWER YES OR NO: 1. ARE KITCHEN FACILITIES REQUIRED? 2. ARE YOU A RESIDENT OF SEBASTIAN? /~/~'-~ 3, WILL DECORATIONS BE PUT UP? ~ 4. WILL THERE BE AN ADMISSION OR DOOR CHARGE? 5, WILL ALCOHOLIC BEVERAGES BE SERVED? Total ....... $-~--~_~'-_~' ~'~. i Tax Total ........ (a) If answer to #5 is Yes, Permittee's proof of Age: ~. ~ ,~,~ ~-. (b) If alcohol is to be served, permission is required by City Council. Your request will be~? presented to council on: Make checks payable to City of Sebastian (A service fee of 5% or $10.00, whichever is greater, may be charged for a dishonored check per City Resolution No. R-96-41) OFFICE USE ONLY DATE PAID ' RENT ........................... 7%TAX ........................... RECEIPT NO. INITIALS ALCOHOL BEVERAGE REQUEST [-'~APPROVED [] d~APPROVED ~'2:. Police Department Agreement Verified (if applicable) Key Pickup Date: Key Returned Date: Date SECURITY DEPOSIT RETURNED BY CITY CHECK # FOR $ ON: I I i i I I I I I I I COMMENTS: A RESOLUTION OF THE CITY 01~ SE3~, INDLMN RIVER COUNTY, FLORIDA, PF_.RTAI1NI~G TO THE ~ OF THE SEBASTIAN COMMUNITY CENTEI~ SEBASTIAN YACK1' CLUB, AND CITY COUNCIL CHAMBE11S; PROM-OLGATING RULES AND 1,ROCEDURES FOR USE OF SUC~ FACILe; PROVIDING FOR TH3E COLLE~O~ O1~ RENTAL FEES, SE~ DEPOSITS, AND OTrr~ C~LARGES; PREa,IIDING THE USE OF ~ FACH,1TIES FOR COMM]~CIAL PROFIT G~ ACTIVITI~; PROVIDING FOR REP~ OF RESOLUTIONS OR PARTS OFRESOL~ONS IN CONFLICT KEREWITH; AND PROVIDING FOR AN'~ DATE. Wi~~ the C~ ofS~lim o~s aad m~/nt.',;n_,: a Y~ Cl~ ~d a Co~ C~ for ~e md b~efit ofi~ d~ ~ a C~ ~ ~ for ~ o~on of Ci~ ~~, ~ C~ ~ ~ ~ ~ ~ ~p~c ~ f~ for ~e oder to &~y ~ ~t of~~ ~ ~. NOW, THEREFORE, BE IT RESOLVED BY TKE OTY COUNCIL OF Ti~ CITY OF,' SEBASTIAN, n'a)IAN lUVF, R COOWl' , I !!Consumer's Certificate of Exempci .., This I ~ ~ ............... ,.. .~ -;'] ~e~s R 14 ~~ l~u. ~" C~ap~ 21~ .aH~ S~ Nan-~s,e~le. R. 1~7 ' I~ue Date ~ D~ Ce~te Number Type of O~tion 09/12/98 09/1~2003 15-00-050389-55C REL[G~OUS INSTITUTION ~is Ce~ffies ~at Is ~empt From the Payment of $~ ~ ~ T~ on ~e ~~ or ~e of Tangible Fersonal Prope~, the Lease of Transient Rental Accommod~ or R~ Pmpe~. LH. Fuchs Executive Dire~or ~ ~ofi~ Dep~t of ~enue .' e Provide all vendors with a copy of your Consumer's Certificate of Exemption before making tax-exem~.~t ~ · Your Consumer's Certificate of Exemp§on is to be used solely for your organization's customary nonprofit activities. Purchases by the exempt organization are only exempt when the Consumer's Certificate of Exemption is [5resented to the v~'~dor and the payment is made (:f~ctly by the organization. · Purchases made by an individual on beha~ of the organiza~n are taxable, even if the individual is reimbursed by the organizntion. Transactions by an exempt organization such as sales or leases of ta~. gible personal property, transient rental or sleeping accommodations, real property. ~'d~¢dng spaces am taxable. The organization must register for sales and use tax certification, and collect and renit sales tax on those transactions. Note: Churches are exempt from this requirement except when they are the ~ of real property (Section 12A-1.070, Ftorida Administrative Code)~ · Changes in the organization's purpose, federal exempUon status, or address must be reported immediately to the Department of Revenue. UNDER NO CIRCUMSTANCES SHOULDTHIS E:(E~PTIDN BE USED FOR THE Pt::-=JSONAL BENEFIT OF ANY INDIVIDUAL. ANY MISUSE OF THIS IEXE?~:rTION WILL NECESSITATE ITS REYQCATION. If you have any questions or nesd assistance, please cuntac'c Cent]al Regismation 5050 W TENNESSEE ST TALLAHASSEE FL 32399-0100 850-487-4130 ICITY OF SEBASTIAN MUNICIPAL POLICE DEPARTMENT I Applic:ztlon Police Department E~ra-Duty for Off-leer Ser~ces This application is requ/red to en~a~ ~..,~...-~Iuty serv/c~s of ?.e requ~-~l number of Officers for publ/c safety, · health and welfare services, ~ are in add/Don to thOSe provided ~enerally lo the public. It is under~x~l timt ~ is · a non-b/nd/ng a~mem. A minimum of five (Y) days ..adv~. c~ notic~ is reques~i prior to the .serv/c~ daIe and advanc~xi payment is requ/red. C~ncr. Jlafion of the dela/1, w~th le~ than 24 hours nofic~ prior to commenc~me~ to ,=, d~tail, w/Il rexult in flu~ (3) hours minimum b/ll/ng per Officcn Payment should be made payable lo the Cily of I - Sebast/an, 1223 Main Streei, $eba.s~,. FI 32958. .. ***(3) How' Minimum Per Each O~cr~r l~uired*** I Ra~ P~r How' ForEach Officer ..... $:13.00 I (Applies to on~sit~ ~rilizafio,n of vehicle only) .. ' ~ / , / / E.~rv. nted Attendance.: ,_~0 0 I Alcoholic Bc-ve~§~ Served: ¥~ No Type: . . ' ^ppiicams $it~aturn I Reviewed By: I Officar's$i~'~um Date Worked T~ne of Day Worked [ City of Sebastian, Florida Subject: Resolution No. R-99-50 Vacation of Easement - Ingram Lots 15 & 16, Block 26, Sebastian Highlands Ap~ve~ ~6~ Submitt~b~ ~ EXPENDITURE REQUIRED: None Agenda No. ~;~ Department Origin: Growth Management~~ Date Submitted: 10/20/99 For Agenda of'.' 10/27/99 3) Site Map 4) Staff Report 5) Utility Letters AMOUNT BUDGETED: APPROPRIATION None REQUIKED: None SUMMARY This is a request for a vacation of the public utility and drainage easement located on the W6st five (5) feet of Lot 15 and the east five (5) feet of Lot 16, Block 26, Sebastian Highlands, less the south ten (10) feet thereof. The owner wishes to construct a new home on a double lot. Adopt Resolution No. R-99-50. RECOMMENDED ACTION RESOLUTION NO. R-99-50 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 15 AND 16, BLOCK 26, SEBASTIAN HIGHLANDS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a new single-family residence at 425 Alamanda Avenue within the City of Sebastian; and WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of the public utility and drainage casemems along the interior lot lines of the site; and ,.. WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof~ NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of lan~'! previously dedicated for a public utility and drainage easement described as follows: The westernmost five (5) feet of Lot 15 and the easternmost five (5) feet of Lot 16, less the southernmost ten (10) feet thereof, all being in Block 26, Sebastian Highlands, as recorded in Plat Book 5, Pages 14 and 15, of the Public Records of Indian River County, Florida, The City Council of the City of I I i all located witkin the City of Sebastian, Indian River Count, Florida. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith I are hereby repealed. I Section 3. RECORDING. This resolution shall be recorded in the public records of Indian River County, Florida. I Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its I adoption. The foregoing Resolution was moved for adoption by Councilmember I . The motion was seconded by Councilmember ' I and, upon being put into a vote, the vote was as follows: Mayor Chuck Neuberger I Councilmember Joe Barczyk Councilmember Walter Barnes · Councilmember Ben A. Bishop . ' I '~: Councilmember Edward J. Majcher, Jr. I The Mayor thereupon declared this Resolution duly passed and adopted this day of ~ 1999. ' I' CITY OF SEBATIAN, FLORIDA I I By: Chuck Neuberger, Mayor I ATTEST: , Kathryn M. O Halloran, CMC/AAE I City Clerk I Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Development Order Application I -Apolicant (If not ovmer, written a-utherization (notarized} from owner is req, uired) FAX Number. ( ) - Phone Number, ~.(~ / ) ..~ · I E.Mail: I Owner [he d~arent from apj31icant} ' Nal~: Add.ss: Phone Number. ( FAX Number:, ( ) . Permit Application Ne. E-Mail: IType of permit or action requested: i/'/~ q.,/PT"/~ >2 ~ F ~--/~.,<'~-J~/E/U 7~' PLEASE COMPLETE ONLY THOSE -eECTIONa WI~IC, H ARE NECESSARY FOR THE I=ERMIT QR ACTION THAT YC3U ARE REQUESTING. CC31=IF~ OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL ~E ATTACHED AND 8112' SY 11' COPIES oF ANY ATTACHMENTS SHALL ~E INCLUDED. A~-rACH THE AFPRQPRIATF. SUPPLEMETAL INFORMATION FORM. ,~.' Project's Name (if applicableS: B. Site Information I. at: Block: Indian ~wr County P~rcel ~. Z.~ning Classification: Unrc Future Land Use: Use: ~t.~tng usa: V'/'-) ¢,~/7' ~- ~ 7' ~ C, Description of proposed activity and purpose of tile requested permit or action (attach extra sheets if RECEIVED BY: Form CD-200? , A=nmved: oa127~7 J Rio NJme: O~ I Permit AppllcatJen D, Pmiect Personnel: , ' I Agent: '- ~ _ ._ ~ ~o~F~//~ ~'~ ~ Phor~e Numl3en ( -.- ) '- - . ' FAX Numl3en ( _ ) . i M~ii Name: ' / " -. .~/~.. ' AddreSS-' : . I I ' Phene Numl~er. ( ) . ' - ' - -tAX Numl~er. ( ) ' - ' ' ' I ~-Maii: ' ..... I : Engineer: - . I h ne NUmber. ( ) _. -FAX Number:. ( ) ' ...... · - --~-M~il' ~-&/ _~? Op/~ ' . ' . .. · -- s~r~eyor~_-I- - · Name:,. ~ n / ' ' - A~d~ ' - I E-Mail: ". ' I. _ ..... 8E[~ 'RR~ gULY ~GRN~ gE~E AND ~Y ~ ~ ~ ~E ~L REPR~S~NTA~ OF ~E OWNER OF ~E PRO~ 0~C~BED WHICH Iff ~E SU~E~ ~ ~F THIS APP~CATION, AND THAT A~ ~E INFQ~GN, ~PS, ~TA AN~/OR 8~HE~ PRO~QEO IN ~HIS APPLI~ON ARE U~ ~~~'.~ . Y-~J-77. ' ~ DA~ . I ' - ' ., 'ti ..~* ~ MY COMMI5~ I ~/0 -// -,~,, CI O~=~_ ,,,-%No"r,\RY Fla_ I~Tie Nama: Doa I I No. '/'he followin~l is required for all comprehensive plan amendments, zoning amendmmnt (including rez.ning), site plans, condi~Qnal -se permits, special use permits, variances, exceptions, and appeals. I I I I I I Notary's signature i Pdnted Name of Notary Commission No./E.xpiration IJl~JF_ bII~RE.~Y WAII,q~ ANY OBJECTION 'OR 0~NSE ~E ~Y ~ D~E TO PROC~DINGS, RESOLING EROM A~ ~AR~tC~MMI~ION M~ ~ING ~R Vi~ING ~E CONS~ON OR ~E ~N~D ~A~S ~N~QN ~E ~0~ ~ SUCH ~N~ING THIS W~R ANO CQNSE~ IS aEtNG SlGN~'~ ~ ~LUNTARILY ~O NOT AS A RESULT OF ANY CQERClGN ~PUEO, OR ~o is pe~onal~ ~o~ to me or p~u~. ~ ~ o ~ ~ ~ ,., asidemlfl~t[on,~is ~ dayof ~e~4-~ ,la~. - f'Fon~ c_,o.~o~ ' Permit Appilcatlon No. Supplemental Information Easements, vacation of Describe the easement to be vacated ~rovide a legal description, if possible): Why Is this vacation cf an easement being request?. Attach a survey shmving t~e location ef the property lines, all easements and all structures en the property. Ap~mve~'. 8/27~? [ ReYi~iI~ i ~le Name: $i~a~sav I LOT IZ BLOCK 26 ~ LOT ! 7 ~ ,,o....~, ,~LOCK 26 BANYAN STREH ~r~'~ (~) ~ 00°13'30' ~ 125.00' ,. ~' ~ ( / ) / .... PINE STREET LEGAL DESCRIPTION: P-PLAT M-MEASURED ~It-RIGHr OF way LOT ! S 6' 16. BLOCK 26. SERAS TIAN HIGHLANDS. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 PAGES 14 6'1 $ OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIOA, SURVEYOR'S NOTES: I. BEARINGS 5HO~IN ARE BASED ON THE CENT~R[INE OF ALAMANDA AVENUE AS 5 8g'46'30' E AS PER PLAT. Z. NO INSTRUMFNT OF RECORD REFLECTING EASEMENTS ' RIGHTS OF WAY AND/OR O91NERSHIP qlERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOal, IN. NO TIT1.E OPINION IS EXPRESSED OR IMPLIED. ,t,. THIS SURvEy I$ NOT INTENDED TO LOCATE E,,~TSTING UNDERGROUND FOUNDATIONS. ENCROACHMENTS OR ANY IMPROVEMENTS EXC~'PT AS SHOWN. 4. THE LOT SHO~IN HEREON IS LOCATED IN FLOOD ZONE *X' PER FLOOD INSURANCE RATE MAP IZ061C007§ E, DATED MAY 4, IgSg. PANEL IZ012] 0076 E. S. ELEVATIONS BASED ON ASSUMED DATUM, ELEYATION SO. O0 ASSUMED ON THE CENTERLINE OF ALAMANDA AVENUE. ABBREVIATIONS: CB.CHORD BEARING ~, DISTANCE CONC-CONCRE~ A-ARC LENGTH R.RADIUS D, DELTA (CENTRAL ANGLE] A/C-AIR CONDITION COV.COV~RED ~.CEN~RLINME O.U.L.OVERHEAD UTILITY LINES PU&DE,PUBLIC UTILITY [z DRAINAGE EASEMENT PK.PARKER LAKOM ( BRAND NAME ) PLS.PROFESSIONAL LAND SURVEYOR LB*LAND SURVEYING BUSINESS BOUNDARY SURVEY 8-25- ! 99g BOUNDARY SURVEY Cerfffied MR. fr MRS. INGRAM MG8 CONSTRUCTION, INC LEGEND: e- FOUND Ii2'* IRON REBAR ~ IqJ~ST1C CAP ~'I'AMPED 'SMITH 1761 ' O' SET ~8' I~N REaR ~1~ ~ ~ STA~D '~ ~g6' O' F~ND ~' IRON REaR O' F~ND NAIL ~ I.IH' DISK PREPARED CECRLE ~ND SURVEYING. INC. F~ORIDA LAND SURV~NG 8USI~ I074g HIGH~AY PHON~ (561) CERTIFIED C~RREC~ TO 7HE BEST CONFORMI~ WITH THE MINIMUM ~CHN~AL STANOARDS ~ET FORTH BY THE ~OR~DA BOARD OF ~ND ~, ~UANT TO CHAPTER ~1GI 7-6 FLO~IOA ADMINISTMT~ C~, IH~ ~U~Y i~ PREPARED AND CERTIFIED FOR THE EXCLUSIVE USE ~ ~ CUENT OR CLIENTS NAMED HEREON, THI5 ~URVEY IS NOT VA{~ ~UT THE SIGNATURE AND THE ORIGINAL ~IED SEAL ~RI~ [~EN$EO ~U~R ANO MAPPER. tHOMAS ~NDALL C[CRLE. P.L~. ISCALE I"=3o' FIELD BOOK D.C, I SHEET I OF I ! PROJECT NUMB£R 99-208 m ABANDONMENT OF EASEMENT Staff Report Project Name: Property of Dorrell David Ingram Requested Action: Abandonment of the public utility and drainage easement located on the west five (5) feet of Lot 15 and the east five (5) feet of Lot 16, Block 26, Sebastian Highlands, less the south ten (10) feet thereof. Project Location: a. Address: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: Project Description: 425 Alamanda Avenue Lots 15 & 16, Block 26, Sebastian Highlands Dorrell David Ingrain 1067 Barber Street Sebastian, FL 32958 b. Zoning: RS-10 a. Narrative of proposed action: Application has been made for abandonment of the public utility and drainage easement platted on the west five (5) feet of Lot 15 and the east five (5) feet of Lot 16, Block 26, Sebastian Highlands, less the south ten (10) feet thereof. The owner wishes to comma a single family dwelling on a double lot. e c. Future Land Use: LD d. Existing Land Use: Vacant Utilities Comments: a. Florida Power & Light: b. Bell South: c. Falcon Cable: d. Indian River County Utilities: e. City Engineer (drainage)' Growth Management Director Comments: Staff Recommendation: approved approved approved approved approved nolle Approve Resolution R-99-50. Date 02/1B/%BB4 06:1~ 14074896265 ....... ~ ~,~, ,~ ~L~ U~ffl ST LUCIE OPERATIONS P~GE 81 I ~:k.~TiR~ {NO. ?~-~ ~:. 1 ~ ~f ~i~ 1225 ~ $~T ~ 8~~, ~O~A 32958 I ~g~d& les~ the ~o~ t~ (10) fe~ ~eo~ . U~~: P~m Rnbier~ ~P & L F~ NO: (56I} ~'~8~ ~ :' m ~PRO~D: ~ DE~: DA~: ~(~a~) m COMM]ENTS: I I Retl.trri to: lan lC Jag, City of Sebasda~ Community Development Department Fax No. (~61) 589,2566. ~ 1~5/99 15:05 B~ ~ SOUTH AUIATI~4 B_VD ~ CITY 0~ SE~ASTIN , i Ci~ of Sebastian i t225 MA12~ STI~1~T r~ SEILLS~, FLORIDA 32958 I I I I September 28. 1999 Descriotig. a o¢ Easement to l~e ab~do.~: The pub~ ~ a~d ~ai~ge ea~ loczted on , :he wear (5) feet ofLot 15 ami the ea~ ~e ($) feet of Lot 16. Block 26. Sebaztia~ Highlax~.% less the south ~ (10) f~ tbe~,~o£ UTILITY: APPROV]~: Mike Hamper, Bell SoU~ APPKOVED/DENIED BY:.. NO: $6~5130 DATE:_ ~ai~ King, C~ty of Sebastian, Community Developmeat Department Fax No. (561) 589--2566. F~0~2 10/05/99 15:05 ]~_LSOUTH RUIRTION B_VD -> CITY OF SEBASTIN NO.15-J BELLSOUTH BellSouth Tel,..,',',mmenicmions, Inc.E61 ~'~'/O . ' - B;ille ¢... Room 213 F~ 361 4~G,,47(~ General ManaGer - Netw~,"k Opera,ohs ~ Clkaechobee Road Indian River Division I:~rt Pierce, I~,rida 34647 ' ., Septer~ I~,x' 29, I999 To Wh,~:~ It May Concern, . · BellSet~th bas no obiecti-- to The abandonment of the easement described herein: The public utility and drainase easement located on the west five (5) feet o£Lot 15 and the east five feet of Lot l&, Rlock.26, Sebasr~,, l-Iigt~lends, ]ess rJae south tern (10) iL-ct thereof. BclISou~ ha~ no f. acilixies ~n the area de.sc~bed_ If we cra be of any further assislancc please call Mike Hamper at Yours ~uly, ' i 'e Greenlief General Manager I .ei~v~e~ 0c~~04-97 21:31 from 5615892566 ... FALCON CABLE ,:, oc .... 5~w~o ~ SEP.~8.1999 2:00PM CityofSebastian I225MAINS~T 0 SEBASTIAN, FLORIDA32958 TELEPI-IOlXrE(561)S89-5537 U FAX(S61) 589-2566 BLDG DEPT SEBASTIAM MO. 793 P. ltEOIYEST FOR ABANI)O~Wr OF F_,AS~NT September 28, 1999 Descriotion of Easement to be abandoned: The public ulili~ and drak~e easement located on the we~t (5) feet of Lot 15 and the east free (5) feet of Lot 16~ Block 26, Sebastian FlP=/alands, less the ~outh ten (10) feet thereof. UTmlTY: ~ve.I)oyle, 1.11.C. Utilities }'AX ~vo: APPKOVEDfDENIED BY: "' (signature) COMMENTS: Return to; lan Kk~ City of Sebastian, Commm2Xy Development Department Fax No. (561) 589-2566. 5~~B.1999 i:O1PM BLD~ DEPT SEBASTIRN City of Sebastian 1225 MA,IN STREET O SEBA~TIA,N, FLOPJ~A 32958 TELEPHONE (561) 589-5537 U FAX (561) 589-2566 REO~-EST FOR_A_BAi~O...~M~i~ OF EASEMENT I September 28, 1999 IDescriotion of Easement to be.abaudo_ned: The public utility and drainage easement located on the west (5) feet of Lot 15, ~nd the east five (5) fe~t of Lot I6, Block 26, Sebastian I~ghlands, less the .~outh fen (10) feet thereof. UTILITY~:'- Martha Campbell, Cit~ ]Englneex FAX NO: S89~6209 i I I APPROVED: ,/ AP?ROVED/DEN!R~_ BY:. CO~X/h~vlENTS: DATE: i I I IReturn to: San King, City of Sebastian, Cornmtmity Development Department Fax No. (561) 599-2566. i I I City of Sebastian, Florida Subject: Purchase Of A NewTruck Exhibits: Sheriffs Association & Florida Association of Counties-Contract #99-07-0913 EXPENDITURE REQUI]RED: $12,227.00 Department Origin: Building DepartmentQ~/4~/ (GB) Date Submitted: 10/19/99 APPROPRIATION REQUIRED: AMOUNT BUDGETED: $14,000.00 SUMMARY I i I i I I I I Building Inspector is currently driving a 1989 GMC 1/2 ton pickup with 109,000+ miles.. 'For the fiscal year 98/99, the transmission, air conditioner and brakes had to be repaired. Last PM service, four tires needed to be replaced. Other repairs need to be made but are contingent upon the approval of the purchase of a new truck. Physical appearance is bad. Therefore, in accordance with our fiscal year 99/00 budget, we are requesting approval to purchase a 2000 Ford Ranger Truck in the amount of $12,227.00. Price includes a 5 year, 7,500 mile Extended Extra Care Warranty. RECOMMENDED ACTION Move to approve the purchase of a new 2000 Ford Ranger Truck for Building Inspector in the amount of $12,227.00. Price includes a 5 year, (~ mile Extended Extra Care Warranty. In addition, approve waiver of bid and "piggyback" with Florida Sheriff' s Association and Florida Association of Counties. 18/88/1999 11:39 FLORIDA SHER/FFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION #14 - COMPACT PICKUP TRUCK 2 WHEEL DRIVE - 4 WHEF~ DRIVE OPTIONAL Base Specifications CItRYSLER, FORD, GENERAL MOTORS OR APPROVED ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE INDICATED 1. ENGINE Gasoline engine, 6-cylinder, minimum S.0L (182 CID) and 145 net liP. following engines, or approved equivalents are acc=ptable: Ford: 3.0L (182 CID), 145 net'ItP (EFI] GM: 4.3L (262 CID), 175 net HP [EF1] Dodge: 3.9L {239 CID), 170 net HP {NIPI) Manufactmtr~s standard alternator and battery. Manufa~s standard cooling syst=m. a. Autowatic overdrive transmission, 4-speed, m/nlmum. 3. AXLE5 Manufac/ttrer'$ standard drive axle and ratio for specified englnc and ~ansmts~ sion combination. Four wheel drive with automatic locking hubs - includes all required options. 4. PERFORMANCE ITEMS Factory installed ammeter or voltmeter, rue/, off pressure and coolant tcanpera- ture gauges. Power steering. Rear anti-lock brakes, ~Jni~u_m. Power brakes, front brakes disc type, rear brakes may be drum or disc. 5. COMFORT iTE~MS a. Manu£acturer~ standard I34A air cond/tionmg. Btrt' A ward A nnouncern~ra {99-07-09I 3) 183 I I I I I I I I I I I I I I I 18/88/1999 11:39 904387E816 DU%t/~I_ FGRD FI_k-~-rSALE ~E 07 #14 - C~mpa. at P~cku~ Truck Tinted glass all around (NOTE: factory tint] Vinyl se. at upholstery. Manufacturers stznd~d AM/FM radio. a. rrEMS Outside mirrors, LH and RH aides, inside rearv/ew mirror. Interior dome light[s), with left and right doer activated switches. Minimum 2-speed electric wiperm windshield washer. Seat belta, all locat/ons. Lap/shoulder belts, ff available. 7. TIRES AND WI-IEE~ Tire siz~ minimum P205/?SR14 or larger, radial BSW or fa/sod white letter aidewall. Spare tire, wheel and rack to frame mounted. Jack and lug wrench. 8. cHassr , C~ Minimum 4200 lb. GVWR, factory certified: mlnlmum 1200 lb. payload rating (combined weight of options, passengers ~ud cs.rgo). Wheelbase: 107.5" minlm~m: 112.0" mum. Fleetside or approved equivalent body, m/nlmum 71" inside box length. Front bumper. Heavy-duty ~cep-type rear bumper, factory or dealer installed. Bumper shall have a minimum 2000 lb. horizontal capacity and 200 lb. vertical tongue we/ght capacity. Manufactta-efs standard paints and color, factory painted. To include standard and opUonal clear coat and metalllc paints and color o/feted by the manufacturer. Keys: two (2) per vehicle, single key locking system, (a~rh veh/cle keyed differ- erltly). Third key optional. 9.. CONDITIONS In adchttton to equipment ~pectfled, vehicle shah be equipped w/th all standard cq-u/p- ment as specified by the manufacturer for this model and shall comply with all EPA Emlsslon Standards and all Motor Vehicle Safety Standards as established by the U.S. Department of Transportation regarding the man~ac~re of motor veh/cles. Thc successful bidder shall be responsible for detiv~ring ve/-~lcles that are properly serviced, cle~zl and in first c!a~s operating condition. Pre-delivery service, at a rn~rflr~urn, ahall lzzcludc the following: g. Complete lubrlcat/om Check all fluid lcvcl~ to assu~e proper fll~ Adjustzaent of engine to proper operat/ng condltlcm, Inflate tires to proper pressure. Check to assure proper operation of a~l ac~=ssorles, gauges, 1/gkts, and me* chan/cal features. Focusing of headI/ghts. Cleaning of vehicles,/f nec:ssary, and remm~al of ail unnecessary tags, stick, rs. papers, etc, DO NOT remove window pr/ce st/ck~r. 184 Bid Awarct An. nouncerner~. (99-07-09I 3) 18/88/1999 11:39 9043@7~81~ DUV/~_ FORD ~9-Ek-TSAL£ PA~E 0B FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCiATiON OF COUNTiES 2000 FORD RANGER Specification #14 I (Compact Pickup Truck, 4 x 2) The Ford Ranger truck purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) r=qutremcnts which are included and made a part of th/s contract's vehicle base price as awarded by manufacturer by spec/fication by zone. ZONE: BASE PRICE: $11,242.o0 Northern 811,192.00 Central $11,239.00 Southern While the Florida Sheriffs Association and the Florida Association of Counties hav~ teznp.t.ed to identi~y and include those equipment items most o/~cn requested by pattie/pat- lng a~encies for compact pickup trucks, we real/ze equipment needs and preferences are going to vary from agency to agency, in an e/~ort to incorporate flexibility into our program, we have created ~pecific add/delete options which allow the pus}tamer to tailor the vehicle to their particular v?ants or needs. The following cq~dpment delete and add options and their redated cost are provided here to assist you in approx/matiug the total cost of the 'ty~e vehicle(s) you ~.Lah to order through this program~ Sknply deduct the cost of any of thc fdllowing cqu/pme~t items you x~rish deleted frozn the base un/t cost and/or add the cost of any eqzsIpme:/t Item,s you ~rish added to the base unit cost to determine the appro~m=te cost of the type veb/cle{s] you %vtsh to. order. NOTE: An official list/ng of all add/delete ol~dons and their prices should be obtained ~rom the appropriate dealer in your zone when preparing your order. Additional' add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. ~ = Speei~ication Low Bid ~ ~ DElETE/ADD 01~01'~ Every line will r~ttatr= mDOLI.a~VALUE Ime. L = ulckided with Bsme ~I~-~. I~A = not applicable ~o th= v~Si=l= -- ~ option mot bid by_ vendor ~id Award Announcement (99-07-09I 3} 185 110/08/1999 11:39 9043876016 DUV~L FORD FL~C~TSAL~. VEHICLE: Ranger Ranger DEALER: Dural Ford Dural Ford ZONE: 9r Western * Northern BASE PlaICE: $11,242.00 $11,192.00 PAGE 09 Don Rctd Duval Ford Central * Southern Si 1,239.00 Si 1,282.00 DEDUCT: DELETE OPTIONS Engine: 6 eyl. for 4 cyL Air condit/oning ~mnual overdrive transmission 236.00 584.00 731.00 ADD: ADD OPTIONS 23600 584.00 731.00 200.00 $ 236.00 500.00 $ 584.00 700.00 $ 731.00 Engine: 4,0L V-6 Battery, 650 CCA or greater Heavy duty towing package up to 3500 lb Long bed mod¢l, minimum 83,4" Inside box length, with min/rnu~n 113.5' md maxinlurn 118.0" whe.e/ba~e Long cab model, with minimum 122.5" and m=~rnum 131.0" wheelbase. Minimum 4600 lb OVVCR, factory cert/fied 13oo lb. payload Limited slip or locking [4 x 2 chassis) Power windows & door locks, all doors, factory instaJled Cloth scat in lieu of vinyl Extended cab model Third door on e. xlended cab model Fourbh door on ax-tended cab model Step side cargo box (flzr~ side) 979.00 i36.00 290.0O S 492.00 $ 979.00 $ 136,00 $ 290.00 $ 492.0O $ 1,295.00 $ 979.00 -- $ 136,00 $ 215.00 $ 290.00 470,00 $ 492.00 3,210.00 $ 3,210.00 $ 2,990,00 $ 3,210.00 295.00 $ 295.00 $ 345.00 $ 295,00 1,683.00 $ 1,683.00 $ 2,150.00 $ 1,683.00 $ 295.00 $ 3,210.00 N/A' $ 575.00 $ 495.00 295.00 3.210.00 N/A 575.00 495.00 295,00 $ 295.00 2,990.00 S 3,210.00 N/A N/A 575.00 s 575.00 495.00 $ 495.00 186 Bkl Award Arulourt~ment (99-07-09I 3) 18/88/1999 11:39 904387S818 VE~CLE: ZOiTE: BASE PRICE: Ranger Duval Ford Western $11,242.00 Add Options {conrirtued) AiM/FM cassette radio 4-wheel A~$ brakes Third key Complete set of shop manuals ONLY 5/75 Extended Base 5/75 ~end~d ~ C~e ~3n~hi~ds ~~um tool box Ye~ow s~obe 4 corner s~obe system Floor ma~ S~g ~ ~dow Speed. consol 140.00 300.00 68.00 225.00 $ 990.00 1,035.00 68.00 348.00 248.00 217.00 375.00 Award Aru~ourtcerr~nt (99-07.0913) DUVaL FORD Ranger Dural Ford $11,192.00 140,00 30O.0O 6s. oo 225.00 990.00 $ 1,035.00 68.00 348.00 248.00 217.00 375.00 FLEETSALE Don Reid Centra/ S11,239.00 Ranger Duvai Ford Southern S11,282.00 140.00 300.00 30.00 200.00 790.00 $ 995.00 65.00 340.00 240.00 65.00 2,075.00 125.00 395.00 $ $ $ 18 140.00 300,00 '68.00 225.00 990.OO 1,035.00 68,00 348.00 248.00 217.00 375.00 187 I I I I I I I I I I I I I I I I 10/12/1S9S 11:17 984387BS1B DLIVAL FORD FLEETS,.~LE PA~E 02/02 COVERED ENGINE · Alt int~rmtl lul~icG~ed ~arts , Cylind.~ bloct · Cyllmk~ h~ds . D~ lift p~m~ ~i~ moua~ F~I t~k · O~ f~l - Oil ~ · 0;I · R3dimor ~d - R~iator ~ c[ulch ~ motor - Seats 3nd · ~mlng ~im ~ at ~lt · Tur~r~u~tch~r · ~l~e COV¢~ - · PoUatr door lock~ ~tnd re~ainet- oliFs (c~cludlmt door l'umdlm;) · Power ~t mom~ - Po~ wi~w moto~/ · S~ cvntml (e~c~ on17 ~ not gl~s COMPONENTS' FRONT SUSPENSION · Balij~i~U, oFl:~' =~i lower AIR CONDFflONING &VD HEATING · ~ ~r m~or 1 i I City of Sebastian, Florida Subject: Purchase Of A New Truck Exhibits: Sheriff's Association & Florida Association of Counties-Contract #99-07-0913 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIlt~D: $12,227.00 $13,573.00 REQUIRED: Agenda No. ~, c~qgJ C~ Department Origin: Growth Management~'~ (Tm Date Submitted: 10/19/99 SUMMARY Code Enforcement is currently driving a 1990 Chevrolet pickup with 100,000+ miles. The vehicle has been out of service for maintenance and repair approximately fifteen (15) days during the past year. At times when backup vehicles have been unavailable, our Code Enforcement Officers have had to ride together for enforcement duties and investigations. While that does provide an extra set of eyes for scanning potential violations, it also reduces our coverage by half. Our objective is to obtain a new vehicle that will reduce down time and cost due to vehicle maintenance. The new vehicle also will furnish the Code Enforcement Division with more dependable, reliable transportation in order to provide continual, uninterrupted code enforcement investigations. There, in accordance with our fiscal year 99/00 budget, we are requesting approval to purchase a new 2000 Ford Ranger Truck in the amount of $12,227.00. Price includes a 5 year, 7,500 mile Extended Extra Care Warranty. RECOMMENDED ACTION Move to approve the purchase of a new 2000 Ford Ranger Truck for Code Enforcement in the amount of $12,227.00. Price includes a 5 year, 7,500 mile Extended Extra Care Warranty. In addition, approve waiver of bid and "piggyback" with Florida SheriW s Association and Florida Association of Counties. 10/08/1S9S li:3S ~04387S8i~ FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION //14 - COMPACT PICKUP TRUCK 2 WIIEEL DR/WE - 4 WHEEL DRIVE O_PTIONAL Base Specifications CHRYSLER, FORD, GENERAL MOTORS OR APPROVED EQUIVALENT ALL ITEMS FACTORY INSTALLED IINI2~S OTHERWISE INDIteD 1. ENGINE G~oltne engine, 6-cylinder, minimum 3,0L [182 CID] and 145 net PiP. following engines, or approved equivalents are accepmbIe: Ford: 3.0L (182 CID). 145 net HP (EF1] GM: 4.3L (262 CID), 175 net HP {EFI] Dodge: 3.9L (239 CID), 170 net HP {MPI] Manufacturers standard alternator and battery. Manufacturers standard cooling system. 2. TRANSM~S.%~JON a. Automatic overdrive transmission, 4-speed, minimum. 3. AXLES Manufacturer's standard drive axle and ratio for specified cngl~e a~,d ~'~ausmts- sion combination. Four wheel drive with automatic locking hubs - includes all required options. 4. PERFORMANCE ITI~MS 191. Factory installed =mm~ter or voltmeter, f-ud, oil pressure and coolant tempera- ture g.auges. Power ~ccrmg. Rear anti-lock brakes, minimum. Power brakes, front brakes disc type. r~ar brakes may be drum or disc. 5. COMFORT iTEMS a. Manufacturcra standard 134A air conditioning. Award A rm.~uncemera (99.07-0913) 183 1010811999 11:39 9043876816 DUV~i_ FORD F-LEETSAL.E FzAGE 07 #14 - Compact P{ck~p T~uck '~nted glass all ~round (NO~: factory Vinyl s~t upholste~-'~. Manuff~cturers st~dard AM/FM radio. Outside mirrors, LH and ~ a~rtes, ~uside re~rv~cw n~trror. Luter~or dome li~ht[s), w~th let and right door actdvated sw~tches. Minimum 2-speed electric wipers: windshteld washer. Seat belts, all locantons. Lap/shoulder bellm, if available. 7. TIRES AND WHEELS Tire size mtnimu~ P205/75R14 or larger, radial BSW or ralscd white letter s~dewan. Spare tire, wheel and rack to frame mounted. Jack m~d lug wrench. s. cHtssis. FR6M~. C~ Minimum 4,200 lb. GVW~ fa~ory cert~l: n~nlmum 1200 lb. payload rating (combined ~t of op~ons, p~se~ ~d c~o]. ~=~b~e: 107.5" mt~: 112.0" ~eemide or ap~oved eq~v~t body, mm 71' ~slde box 1~. ~nt b~. Hca~-duW ~e~e ~ bmp~, ~c~ or de~ have ~ ~ 2000 ~. ho~on~ ~~ ~d 200 lb. v~c~ to~e czpad~. ~ac~s ~~ p~ts ~d col~, ~c~ p~nted. To ~d op~on~ ~ co~( ~d m:~c p~ ~d color off~ ~: ~ [2) p~ v~e, mgle k~ loc~ ~s~, [~ v~cle k~ed ~fly). ~ key o~o~. · 9. CONDITIONS In addlt[on to equipment speci~ed, v~l~tcle shsll be equipped wit~ sll stands_~ equip- ment as spec/fled by thc manufacturer for ~ model and shall comply witt~ all EPA En~tssion Standard~ and all Motor Vehicle Safety Stszldards as established by the U.S. Department of/Ya~portation regarding the .manufacture of motor veh/cles. The successful bidder shall be responsible for delivering vehi~es that are properly serviced, clean and in ~ c/ass operating condition. Pre-delivery service, at a minimum, sl~l! l~clude the following: g, Complete lubrlca~or~ Check all fluid l~v¢ls to assure proper ~l. Adjustment of e:~ne to proper opera~,g eondltton. Lnflate-tires to proper pressure. Check to assure proper operation of all accessories, gauges, lights, and me- chanical features. Focusing of headlights. Cleaning of vehicles, ff necessary, and ren3~ml of all urinecess~ tags, st~ckcr$, papers, etc. DO NOT remove w/ndc~r price sticker. 184 Award Aru~e~ (91~-07'-0913) 1818871999 11:39 90~3876816 DUV~I. ~O~D FLF_ETSg~/.E PAC.~ 88 FLORIDA SHERIFFS ASSOCIATION FLORIDA ASSOCIATION OF COUNTIES 2000 FORD RANGER Specification 4/14 I (Compact Pickup Truck, 4 x 2) The Ford Ranger truck purchased through this contract comes with E1 the standard equ/pment as specified by the mznufacturer for th/s model a~ld FSA's base vehicle specification(s] requirements wktch are/ncluded and made a part of th/s contract's rob/cie base price as awarded by manufacturer by specification by zone. $11,242.00 Northern Central $11,2:~9.00 $11,282.00 ZONE: BASE PRICE: While the F~orkta Sheriff~ Asso~Uon and the Florida Aasoc/atlon of Co~es have ~p~d to ~~ ~d ~clude ~o~e eq~pm~t items most o~en ~q~ested ~ ag~cies for compa~ pl~p ~s, ~ ~li=e zqulpm~t needs go~ ~ ~ ~o~ ~ to ~. ~ ~ ~o~ to mco~o~te fl~b~ ~W o~ pro~, we ~ve ~ted ~e~c add/del~e opU~s w~ ~ow ~e p~er to ~or ~e v~cle to ~ p~~ ~ or n~m. The following cqulprnent delete a~d add options and their related cost are provided here to assist you in app ~r0x/mati~ the total cost of the type vehicle(s) you wish to order through this program $/~nply deduct the cost of any of thc fdllowlng equipment items you w/ah deleted from the base unit cost and/or add the cost of any equ/pmcnt items you w/sh added to the base unit cost to determine the appro:~mzte cost of the type veh/cle(s) you wish to order. NOTE: A~ ofltciaI lis/ting of all add/delete op//ons and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional 'add/delete options other th~n those llsted here may be available through the des/ers, however, those 1/sted here must be honored by the dealers in your zone at the stated prices. Specification Low Bid Award Aruaounczmm~t -- = option :~ot bid by. re. din- DUb'~L FORD FI_EETSALE VEHICLE: 1;~anger P. anger Ranger DEALER: Du~ Fo~ D~ Fo~ Don Rcld Du~ Ford ZOO: * W~tm * No,em ~ C~ ~E ~CE: $11,2~-00 $11,192.00 $11,239.00 $11,282.00 DEDUCT; DELETE OPTIONS Engine: 6 cyl. for 4 cyL Air condit/orz/ng Manual overdrive transmission 236.00 584.00 731.oo 23600 584.00 731.00 200.00 $ 236.00 500.00 $ 584.00 700.00 $ 731.00 ADD: ADD OPTIONS Engine: 4.0L V-6 Ba~cery, 650 CCA or greater Heavy duty tow/rig package up to 3500 Ib Long bed model. rain/mum 83,4" lr~ide box length, with minimum 113.5" and maximum 118.0" wheelbase Long cab model with minimum 122.5' and r~ xirnum 131.0" wheelbase, Mtrii~um 4600 ib GVWR. factory certified min/mum 1300 lb. payload Limited sl/p or locking $ d~fferen//al on rear axle' (4 x 2 chassis) Power windows & door lock~, all doors, factory installed Cloth seat ha Heu of ~inyl Extended cab model Third door on extended cab model Fourkh door on extended cab model Step side cargo box (flare side) 186 979.00 i36. o0 290.00 492.00 979.00 i36.00 290.00 492.00 1,295.00 $ 979,00 -- $ 136~00 215,00 $ 290.00 470.00 '$ 492.00 $ 3,210.00 $ 3,210.00 $ 2,990.00 $ 3,210.00 295.00 $ 295,00 $ 345.00 $ 295.00 1,683.00 $ 1,683.00 $ 2,150.00 $ 1,683.00 $ 295.00 $ 3,210.00 N/A $ 575.00 $ 495.00 295.00 3,210.00 N/A 575.00 495.00 295.00 S ~95.oo 2,990.00 $ 3,210.00 N/A N/A 575.00 $ 575,00 495,00 $ 495.00 Bid Award Artr~uncemertl' (99-07-091 10108/19~ 11:39 ~0~387~81~ VEHICLE: DEALER: ZONE: BASE PRICE: Add Options (coni'inued) AM/FM cassette radio 4=wheel ABS brakes Third key Complete set of shop manuals ONLY 5/75 Extended Base Care 5/75 Extended Extra Care R~tnahields Aluminum tool box Bedliner Yellow strobe 4 comer strobe system Floor mats XLT Sliding rear Speed '.control Ranger Dural Ford Western $ii,24zoo 140.00 3oo.oo C:~.O0 225.00 990.00 1.035.00 68.00 348.00 248.00 217.00 375.00 Award Anaouncement (99-07-0913) DUV~_ FORD FLEETSALE PAGE Dural Ford Jr Nor~laera $11,192.00 Don Reid Central $11,239.00 Ranger Duvai Ford Southern SI 1,282.00 140,00 300.00 68.00 225,00 $ 990,00 $ 1.035.00 $ 68.00 $ '348.00 $ 9-48.00 $ 2i7.00 $ 375.00 140.00 300.00 30.00 200.00 790.00 995.00 65.00 340.00 240.00 65.00 2,075.00 125.00 395.00 S 140.00 $ 300.00 $ 68.00 $ 225.00 990.00 1,035.00 68.00 348',00 248.00 217.00 187 10/12/199B 11:17 904387~81~ DUV~L FO~D F~S~N_£ PAC~ 82/82 COVERED COMPONENTS' ENGINE STEERING : D~ lift pump : ~ ~p - · ~i . ~ · M~ ' - Oil ~ - R~i=tor F~ clutch ~ ~tor - ~e~t . · ~tvc coven - D~ ~bly - I~~ ~l~ic * T~~ · - l~ · T~ HIGH-TECH c~ "Comp~ ~fld the~aw~ter · ~ ~ (~cl~ ~rofl~ (~cl~iflg d~h ~ ~ R~-~EL DRIVE clock, ndlo, and [~phlc ' ~u~li~r) ~ - ~ ~w~l door ~dl~) · Ba~ ~ ~ ~ lower * · Power ~t moz~ · C~ ~ ~r ~d lower - U~ ~ co.mm · P~r widow mOlO~ ' C~ ~ ~s ~ ~in~ v~ · ~hield. Insl=-C{~ · S~ ~ s~c City of Sebastian, Florida Subject: A & B Leasing Ent_, Inc. dFo/a Agenda No. Velocity, Inc. 577, a~aOVg~l for Sub!~l~l by: City Department Origin: City Manager Asst. To City Mgr./Purchasing Date Submitted: 10/21/99 ForAgenda of: 10/27/99 Exhibits: Airport Lease between the City of Sebastian and A & B Leasing Ent., Inc. d/b/a Velocity Inc. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY The attached Airport Lease Agreement between the City of Sebastian and A & B Leasing Ent., Inc. d/b/a/Velocity, Inc., will commence on November 1, 1999 and end on the 20t~ anniversary of such date. RECOMMENDED ACTION Move to authorize the execution of Akpon Lease between the City of Sebastian and A & B Leasing Ent., Inc. d/b/a Velocity, Inc., to commence on November 1, 1999 and end on the 20th anniversary of such date. AIRPORT LEASE THIS LEASE, made and entered into this __ day of October, 1999, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinatter referred to as the "Landlord"), and A & B Leasing Ent, Inc. dgo/a Velocity, Inc., (hereinafter referred to as the "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties~. WlTNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport~); and WHEREAS, the certain property is also available for use for those activities consistent with or in support of aviation activity; and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. RECITALS. The above stated recitals are hereby incorporated by reference in this Lease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that portion of the real property of the Landlord which is described more particularly on Schedule "A" annexed hereto and made a part hereof by reference (hereafter referred to as the "leased premises"). In the event that any portion of the Leased Premises is needed for actual improvements to the Airport, any portion thereof rendered unusable to Tenant shall be released from this lease and the rental payments adjusted accordingly, iv/ Et/_) ~ TERM OF LEASE. The term of this Lease shall be for a period of twenty (20) years commencing November 1, 1999, and will end on the twentieth (20th) anniversary of such date. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) For the leased premises the yearly rent shall be three thousand nine hundred twenty-one dollars ($3921). The parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In November of 2001, the Landlord will compare the most recent price index with the base price index for November 1999, and the yearly rent amount shall be increased based upon changes in the price index, if appropriate, on December 1,~2000. Another such adjustment shall be undertaken for December 1, 2006, and every year thereafter for the remaining term of the lease. In no .. event, however, shall the rent decrease below the sum of $3921. (b) Time of the essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. In the event that any rental payment due hereunder shall not be paid within five days of when due, Tenant shall pay Landlord a late payment fee of 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. (c) Default in rent. If any of said sums of money herein required to be paid by the Tenant to the Landlord shall remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) Total acceleration. To accelerate the maturity of the rent installments for the balance of the term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all unmatured rent installments presently due and payable. (2) Partial acceleration. In lieu of the option in Sub-paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies. In addition to the 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. '"- (d) Default in provisions. If the Tenant shall default in the performance of any (except the payment of rent), the Landlord, or its agent or other term of this Lease employee, shall send to the Tenant a written notice of default, specifying the nature of the default, and the Tenant shall, within thirty (30) days after the date of said ,c~ti~:e. ~'~.~r~, ~?~d remedy said default, whereupon this Lease shall continue as before. If the Tenant shall t~il to cure and remedy such default within said time, the Landlord shall have the right to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder or under law, including, but not limited ta, those remedies, procedures and rights specified in the other paragraphs of this Lease. (e) In addition to the rental amount, the Tenant shall pay Florida sales tax, if applicable. (f) The above rental for the leased premises shall be payable in advance, in quarterly installments, commencing fi.om the date of commencement ofthls [.ease ,~ described in Section 2 (above) and on a like day of every month thereafter during the term of this Lease. 5. DISPENSING FUEL. In the event that Lessee desires to dispense aircraft fuel at any time during the term of the lease, an amendment of this lease shall be necessary. 6. iMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the purposes of aircraft refurbishing, rebuilding and kit aircraft manufacturing, and that in order to utilize the leased premises for this purpose, it will be necessary to use a building and other improvements previously constructed upon the leased premises. Tenant acknowledges that these improvements are owned by Landlord. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 7 hereof, and shall have the right to construct upon the leased premises any additional buildings or other structures, provided any such buildings or structures do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the FAA prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration ("FAA"). (b) The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such buildings or structures. (c) Ail buildings, structures and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in. · good condition and repair, ordinary wear and damage by the elements excepted. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said' improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non-fixture personalty owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all such personalty, provided the Tenant is not then in default of any covenant or condition of this Lease, otherwise all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at its expense. 7. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. The Tenant agrees that thc leased premises shall be used by the Tenant primarily for the purposes of aircraft refurbishing, rebuilding and kit aircratt manufacturing, but Lessee shall also have the nonexclusive right to provide flight instructions, charter and rental flights of aircratt, the leasing of hangar space and/or tie down service, and to conduct sales and service of aircratt. A~.y use leased premises other than those specifically Stated above are expressly other use may be conducted by the Tenant without the express written conse~t of the Landlord. Such consent may be withheld by the Landlord for any reason. All a.em~}m~tical businesses and activities must be certified and licensed by the FAA in the appropriate categories of their specific operation. 8. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located or any part hereof thereon during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereo,~ parking and service areas located on the leased premises, in a good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises be kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may be withheld for any reason, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless fi-om any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 9. UTILrrlES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service or any other utility or service consumed in connection with the leased premises. The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 10. SIGNS. The Tenant shall have the fight to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 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 INSURANCE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive public liability insurance coverage with respect to the leased premises, including those portions of the said premises used for driveways, walkways, and parking areas. The insurance coverage to be maintained by the Tenant shall contain limits of not less than $500,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident, together with $500,000.00 for damage to property. Tenant agrees that, 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 Tenant, and such changes will take effect immediately. Any policy or polities of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph 12 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, thc Tenant shall provide copies of said policies to the Landlord. 13. PROPERTY, FIRE AND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance as the Landlord deems necessary and appropriate. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the buildings and improvements on the leased premises insured nor shall the Landlord haVe any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. All policies described in this Paragraph 13 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. 14. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER CASUALTY. In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80% of the principal building, if any, is unusable. In the event the Tenant elects to repair and/or replace the building and other improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have any responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. Provided, however, that all repaired and/or replaced building and other improvements are repaired/replaced in a manner equal to or better than the building/improvement being · repaired or replaced. (a) If the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Landlord shall have two options: (1) To continue to Lease; if the Landlord elects to continue the Lease, the Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction, such proceeds to be the sole property of the Landlord; or (2) To cancel the Lease; if the Landlord elects to cancel the Lease, the Landlord shall be entitled to that portion of the insurance proceeds paid as a result of such damage and/or destruction to the building and other improvements on the leased premises, the Tenant shall be entitled to the remainder, if any, of the insurance proceeds. (b) In the event the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting therefrom. 15. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph 15 shall survive the termination or cancellation of the Lease. 16. ENVI2RONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the LandlOrd harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of (i) any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the properx'y and being caused by the Tenant or its sub-Tenants. The presence of said substance or materials on the leased premises shall raise the presumption that Tenant is the cause of such presence. This Paragraph 16 shall survive the termination or cancellation of the Lease. 17. PREVENTION OF USE OF THE PREMISES. If, a~er the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section Six of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 18. LANDING FEES. Landing or any other type of use of runway fees being charged by Tenant are specifically prohibited by this Agreement, so long as all other tenants of the property owned by the Landlord located at the Airport are prohibited from charging any such fees, as the use of the Airport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 19. GOVERNMENT SEIZURE. In the event the United States Go'~ernment, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an addhional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 20. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, building and/or improvements on the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 21. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgrnent; (e) The Tenants abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjUdged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appoimed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County. Each party covenants and agrees that it has no power to incur any indebtedness giving a fight to a lien of any kind or character upon the fight, title and interest of the. ' other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by . payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof, (i) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder; (.j) The Tenant falls 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 I above. Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereat~er shall have thirty (30) days, from the date notice is sent by the Landlord, within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days, from the date notice is sent by the Landlord, within which to remedy such default by paying all rent due. 22. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and' agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and tenant. 23. NOTICES AND REPORTS. Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Tenant: A & B Leasing Ent., Inc. 140 North White Jewell Ct. Veto Beach, FL 32963 Attn: Bonnie Swing provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 24. RIGHT TO INSPECT. The Landlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser m' 't~na~'~ .. the final sixty (60) days of the lease term, or at any time after either party has notified the ' other that the Lease will be terminated for any reason. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 25. OWNERSHIP OF TRADE FIXTURES, SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, any and all trade fixtures, signs and personal property, used by the Tenant in the operation of its business, on the leased premises shall remain the Tenant's sole property and the Tenant shall have the right to remove the same provided any damages in removal are repaired by the Tenant at Tenant's sole cost. In case of breach of this Lease by the Tenant, or the termination of the Lease, or any extension hereunder, that may be granted, the Tenant agrees to immediately surrender possession of said facilities, and all the buildings, edifices, etc. that are constructed by or on behalf of Tenant. The facilities, buildings, edifices, etc. shall then become the property of the Landlord. 26. HEIGHT/HAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport Or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The I. andlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the fight 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. 27. NONDISCKI3dlNATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A~ Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title Vi of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. 28. ENTIRE AGREEMENT. This Lease comains 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 instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 29. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any fight or interest hereunder without the prior written consent of the Landlord, which consent may be withheld for any reason. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance 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 and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 31. APPLICABLE LAW/VENIJE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. 32. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in Indian River County, Florida. 33. RECORDING. in no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 34. MISCELLANEOUS. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure 'payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from-the leased premises from the date of such termination by the Landlord shall constitute the properly of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. The Tenant shall not allow its occupancy or use of the lease premises to constitute or become a public or private nuisance. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: CITY OF SEBASTIAN A Municipal Corporation Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: By: Terrence R. Moc~re, City Manager R/ch Stringer, City Attorney A & B LEASING ENT, 1NC. Corporate Seal: By: Bonnie Swing, President EXHIBIT "A' ,, LEGAL DESCRIPTION Beginning at the most Westerly comer of Sec. 29, TWP 3 iS, R38E in the Fleming Grant according to Plats made by S. B. Carter, fried and recorded in the offices of the Clerks of the Circuit Court or Brevard, St. Lucie and Indian River Counties, Florida, and described as follows: Begin at said Westerly comer of said Section 29 and run S44 degrees 21 minutes and 28 seconds E, 818.81 ft. along the Southwest boundary of Sec. 29 to the centerline of Roseland Rd., thence N4 degrees 48 minutes and 59 seconds W, 514.65 ft. on said centerline; thence N89 degrees 50 minutes and 46- seconds E, 644.46 ft.; thence N 0 degrees 09 minutes and 14 seconds E, to the True Point of Beginning; thence N89 degrees 50 minutes and 46 seconds E, 425 ft. to a point which lies. 75.00 feet west of the centerline of an existing airport taxiway; thence N 0 degrees 09 minutes and 14 seconds E, 307.00 ft.; thence 889 degrees. 50 minutes and 46 seconds W, 425.00 feet.; thence S 0 degrees 09 minutes and 14 seconds E, 307.00 ft. to the True Point of Beginning; Containing Three ( 3 ) acres. SEBASTIAN POLICE DEPARTMENT 1201 Main Street Sebastian, Florida 32958 Telephone 561/589-5233 FAX 561/589-2207 (24 hr) - FAX 561/388-1872 (Admin.) I SUBJECT: Replacement Computers Exhibits: Quote # 41014016Florida Expenditure R~quimd: Agenda No. Deparhnent Origin Date Submitted For A~enda of II III J Ammmt Budge~d: : Police : 10/21/99 III Approprtatlon Required: $8,197. $10,000. $8,197. SUMMARY STATEMENT The seven (7) new computer processors and software will finish out the local ama network (LAN) that was started under a 1997 COPS-MORE federal grant. The units will replace and upgrade existing personal computers which are now antiquated and incapable of operating on the new network. These new processors will be used with existing monitors. Throe units will go to the Administrative Div., throe units to the Detective Div., and one to the Patrol Sergeant's office. Funds for these replacement processors were included and approved in the FY 99-2000 Police Dept. Budget. Quoted price' included a three (3) year parts and labor warranty and one year on*site service warranty. Unit price: $1,171. each Prices are per State Contract # 250q)4-99-1. RECOMMENDED ACTION Move approval for the purchase of 7 computer processors, as specified in the above referenced quote from Gateway Computers Inc. for a total cost of $8,197. F.-'..~ ~? T25 ,STgT GATE~L~YC~RYIIELB OuOtC .Number: 'Ccn~c: #: Sca~u Contract Dat, e:-l'hr.~: i0:'ii/[999 9:2,1 IEST C!:~n~ Na_~le' L:. Rior,-m fi'om Scba~fia~ PD C.i/=mt Fhcne: 56 [-589-5233 .~d Fax: 561-589-2207 S~es l~prez~amtive: tom Bro~nan 407-725-0802 Commeats: ?rccessor: l. nrei~. Pentium® 1II processor 450MS-Iz w/5 i2K Cache ?,i~,-morT,: 645113 100MHZ SDRAM expandable *o 384M-B Mop, kef: Not ~e[e~ed subtracrec: USS 184 Ca~e: Mid Tower case ,Kzyb¢ard: 104~ ka.vbo,a-d 5,'!ous¢: ,.'vis L~te!liPoim Mou..c aad Germ:-%-mouse pad C,~e. rad,nz Sv~.r. cm: Microsoft:~ Windo~.~ NT Workstation 4.0 'tx' . DVD) add, d: U$$75 . : -.--ic.upy Drive:;..- i',nc,,~- 1.~'MB di~kc'.'tc dffvc · CD-ROM: i 7X .'r..~./40X ,"max. CD-ROM drive h-a_.d Drive: iOGB 5400P,~°M U[~a ATA knr4 drive v t,.eo: I6NFB AGP Crraphi~ Acco!orator added: US$29 ,- F,~-:/,Mo4e::i: Te!epath'~ 56K Internes, Fax Modem added: U S S3 Nev,~'ork Adapter PCi i0/I00 Ethernet Adapter _~m,'i-¥fr¢_~ $o~vm~re: Norton Anfi-¥in~ A.eplicati~n Soff~x~: NHc,wsof~ O~c= 200'0 Sma_Il Service Prog.,~n: 5 Year~ P:~w.~ & Labor Limited Wazra.nv,.. LLmi*.ed H.Irdv,va'e & Sef'oa~m T¢ch Support: as long as you own ,,.'our sy.'szem Basc Price: US !11213 Qua'.dw: 7 i':~ce~ and roczi~cadons are subject to change widmut obligation. _,~i~ tax_.;;~;u_a,: ....... & hrmdl;.n~_ will bc calleo:cd wnc,' 'c ar.u,ic~_ble." I I I I I I I I I I I I I I I I I