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Home My WebLink About11171999SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, NOVEMBER 17, 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 - 1225 MAiN STREET, SEBASTIAN, FLORIDA Individuals will address the CiO~ Council with respect to agenda items immediately before deliberation of the item by the CiO~ Council - limit often minutes per speaker (R-99-21} 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Frank Camillo - Police Chaplain and Barefoot Bay First Baptist Church 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS A~D/OR DELETIONS) Items not on the written agenda may be added on~ upon a majoriO~ vote of City Council members (R-99-21) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR P~i~NTATIONS 99.008 A. Presentation of Certificate to Kelly Mather - Planning and Zoning Commission 99.065 B. Presentation of Certificates to Charter Review Committee Members: Walter Barnes Louise Cartwright Thomas Connelly Norma Damp Adrina Davis Inez Fielding Joseph Generazio James Hill Louise Kautenburg Sandra McCann Nathan McCollum (Chairman) Larry Napier Salvatore Neglia Larry Paul Harry Thomas 99.217 C. Presentation of Life Saving Award Ribbon to Officer Christopher Rodriguez 99.181 D. Presentation - Status Report on Paving Program by City Engineer (Public Works Transmittal) 99.218 99.008 8. 9. 10. 11. 12. 13. 14. 15. ~TY ATTORNEY MATTERS CITY MANAGER MATTERS CITY CLF~RK MATTERS CITY COUNCIL MATTERS A. Mr. Barczyk B. Mr. Barnes C. Mr. Bishop D. Mr. Majcher E. Mayor Neuberger ~OANSg NT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of CiO, Council so requests; in which event, the item will be removed and acted upon separate~g. A. Approval of Minutes - 11/3/99 Regular Meeting Thursday Night Bridge - Approve Use of Alcoholic Beverages at Christmas Party During Regular Use of Yacht Club - December 9, 1999 (City Clerk Transmittal I 1/5/99, Application) Resolution No. R-99-54 - Support for Pelican Island Elementary School ECG Troop Efforts to Acquire and Preserve Scrub Jay Habitat (City Manager Transmittal 11/10/99, R-99-54) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER cOUNTY, FLORIDA, SUPPORTING THE EFFORTS OF THE PELICAN ISLAND ELEMENTARY ECG TROOP TO ACQUIRE AND PRESERVE SCRUB JAY HABITAT; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARING - None ]~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 COMMITTEE REPORTS/RECOMMENDATIO]NS Planning and_Zoning Con~lj~j0n 1. Interview, Unless Waived, and Appoint One Regular Member Term to Expire 11/2/2002 (City Clerk Transmittal 11/3/99, One Application, Memo, Board Member List, Ad) OLD BUSINESS - None 2 16. NI~W BUSINESS State of Florida Local Law Enforcement Block Grant Project - Authorize City Manager to Apply for $8,423 Grant (PD Transmittal 11/3/99, DCA Notice) 99.220 B. Bid Award - Elkcam Waterway Control Structure - Murray Logan Construction, Inc. in the Amount oi'$192,000 (Engineering Transmittal 10/20/99, Bid Tabulation) 99.195 C. Approve Change Order to Summerlin Seven Seas, Inc. Agreement in the Amount of $47,391 to Repair Yacht Club Pier and Appropriate $62,000 for the Project (Engineering/Finance Transmittal 11/10/99) 99.221 D. Purchase Replacement Unmarked Vehicle for Police Department in the Amount of $15,070 Pursuant to FSA/FCA Statewide Bid # 99-07-0913 (Police Transmittal 11/5/99, Purchase Requisition, FSA/FCA Bid, Spec #4) 99.222 E. Purchase Micro-Surfacing from Florida Highway Products, Inc. for Six Miles of City Streets Pursuant to Piggyback of Vero Beach Contract in an Amount Up to $110,000 (Engineering Transmittal 11/8/99) 99.223 F. Resolution No. R-99-53 - Authorizing Application to St. Johns River Water Management District Stormwater Master Plan Grant (Engineering Transmittal 1 I/8/99, R-99-53) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CITY MANAGER TO APPLY FOR STORMWATER GRANT; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Go Resolution No. R-99-55 - Airport Sublease - Golden Horn Aviation, Inc. to A & B Leasing Ent., Inc. d/b/a Velocity Aircraft (City Manager Transmittal 1/10/99, R-99-55, Exhibit A Sublease) RESOLUTION OF THE CITY OF SEBAfiTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF AiRPORT LAND FROM GOLDEN HORN AVIATION, INC. TO A AND B LEASING ENT., INC.; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 99.224 H. First Reading of Ordinance No. O-99-38 - Police Retirement System - Set Public Hearing for 12/15/99 (City Attorney Transmittal 11/10/99, 0-99-38) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE CHAPTER 58, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 17. ADJOURN (All meetings shall adjourn at lO.'30 p. m. unless extended for up to one half hour by a majority vote of Oty Council) ANY PERSON 14qlO DECIDES TO APPEAL ANY DECiSION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCbT~t')INGS AND MA Y N~D TO ENSURE THAT ,4 VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. O105 ES.) iN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA). ANYONE WHO NlXlXDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-.5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming M~ti~s: Regular Meeting - Wednesday, 12/I/99- 7pm Regular Mect~ng - Wednesday, 12/15/99- 7pm ACI'ZON LZST THE FOLLOWING ];5 A LTST OF ACq-ZON5 TAKEN AND/OR D];RECTZON5 ~]:VEN AT THE 1~/t7/99 REGULAR All Follow-up Corr~po~enc~ should be copied to the fil~ and any fil~ to go in the wult should hove its ~ck~ m~t¢~i~l put in chronological ord¢~ and placed in clips within th~ fil~ Ci~ ~o~ger, Ci~ A~orne~ Purchasing ond oll draft minutes, and are r~ponsible for copyi~ whatever is pertinent to their de~rtments. We wi// continue to p~ce co~i~ of individ~/ minut~ ~9~ in ~cku~ fi/es. 99.008 99.065 99.217 99.181 99.218 Presentation of Certificate to Kellyj~th~, - Planning and Zoning ~ommission - not present copy minutes to file mail certificate Presentation of Certificates to CharTer P.~yiew Commil~. Member~ -presented to those present - moil to othe~s mail copy minutes to file update boa~d handbook - committee officially disbanded in accordance with Code disl~ibute pages Munimet~ix index for 2006 formation of new committee Presentation of I~if¢~Sgvi0g A~grd P. ibbon to Offic¢~ Christqpher Rodrig~lCZ .- presented copy Police Chief memo to Human Resources for personnel file Presentatigrt- 5tal~ R~pQr_t offPaving Program by ¢ily Engineer - presentation only - document distributed Approval of Minute~ - 11/3/99 Rcg~a~ Meeting - approved sign, seal - place in book with any listed backup Thursday Night~£idge, - Ap~rov¢ Use of Alcoholic Beverages at Christmas Pgr__l~ During Regular Use of Yacht Club - b~',c¢~ber 9. ~999 - approved copy minutes to file letter to Bridge o~ce~tain PD and PW aware file YC/C¢ 99.207 99.008 99.219 99.220 99.195 Rgsolution No. R-99-~4 - 5UPl~ort far Peli¢~ Island Elementary 5Chad ECO Troog I~fort~ to A~;g~uiF¢ and Preserw5crub ~ay Habi.?at - adopted sign, seal - copy to file, counter, TRC Commission. IRC School Board, Pelican ~sland Elementary Principal, Roland beBIois blue back original - file vault - 99 OI:LI:& RES file backup in vault - 99 RE5 BACI(UP update \wp-res\r-99 os to adopted date Planning and Zoning Commission - Interview, Utlle~s Waived, o~cl Alapoint One Regular /~ember Term to Ex4;~ire 11/~?/2002 - (Yl:)onnell appointed copy minutes to file letter to O'bonnell with appropriate backup update board handbook and distribute ~J:ate of Elorid~LocaLLaw Enforcement Block Grant prg~,ct - Authorize ~ity /~,~rLager to AppLy for $8A~'~ &~ant - appeoved by motion copy minutes to file file vault - POLICE DEPT - Grants no reference was made to the resolution attached to the backup Bid Award - Elkcam Waterway Control Structure, - Murray Logc~ Construction. Inc. in the Amount of $192,000 - approved copy minutes to file ~TT and Paul will handle contracts file in vault - F]:NANCE - 99 Bids/Purchases if there is a contract - file vault AGREEMENTS ~ Miscellaneous - add to \wp'- files\agreemen.wpd Paul will provide rest of bid documents when available for filing in vault Al~l~ov_e Chmlgc Ord~ to 5¥~111¢rlin 5~,ye~ ~qa~ ]:nc. Agreem¢l~? in the Amount of $47,391 to Repair Yacht Club Pier and Appropriate $67-,000 for the Project - approved copy minutes to file 3'T and Paul will handle signatures on change order file one original change order when received from ~TT in vault AGRFEMENTS - Miscellaneous - Summerlin Seven $ens- update \wp-files\agreemen.wpd 99.221 99.222 99.223 ~9.205 99.224 Pur{;h~se Replocemerjt Unmorked_V~l_hicle for Policebeportment in the Amount of $$15,070 Pursuajlt to FSA/FCA 5tatewide Bid # ~c2-07-0913 - approved copy minutes to file file vault - FINANCE - 99 Bids/Purchases - Pb Purchase Micro-$~Irfacing from Florida Highway Products. ]:nc. for 5ix Miles of City ~treets Pursuant to [~iggyback of Ye~o Beach Contract in an Amount UP te SU0,000 copy minutes to file ,TT and Paul will handle contracts file in vault - FiNANCE - 99 Bids/Purchases - PW if there is a contract - file vault A&REEMENT$ - Miscellaneous - add to \wp- files\agreemen.wpd Resolution No. R-9,q-53 - Authorizing Applicatiop to ~t. ;rohns River Water ~ogement bistrict $?ormwater Maste~ Plan ~rant - adopted sign, seal - copy to file, counter, Finance, Engineering, FINANCE - ~ants applied for, 5,TRWMb file in FLORTDA, 5tormwatem Master Plan file in bRAT. NAGE who is notifying 5JRWMD - obtain copy of cover letter blue back original - file vault - 99 ORIG RE5 file backup in vault - 99 RE5 BACKUP update wp-res~r-99 as to adopted date ResolutLgo No. R-99-55 - Airport Sublease - Golden H,~r~ A~iation. ]:nc. to A & B Leasing Ent.. ]:nc. cVb/a Velocity Airc~af! - adopted sign, seal res ,TT will handle signature of two original sub-leases - obtain one original for filing attach copy of signed sub-lease to resolution and copy to file, counter, Jean, Finance, Airport files (A & B (Velocity) and ~oklen Horn blue back original res w/copy of sub-lease and file vault - 99 OR]:G RF5 file original sub-lease and backup in A3:RPORT w/copy of res update \wp-res\r-99 as to adopted date First Readimg of Ordinance ~g, O-99-38 - Peli~e R¢ti. rement System - 5et Public Hearing foe 12Z15/99 - app~ved o~ 1st r~ading with minor co~ections obtain amended pages from City Attorney advertise 12/15/99 ph in legal notices on 12/1/99 file pending credenza 99.gg6 99.~§ Wil~?cr Wonderl~d - Decorate 11/;~7/99 and !~/?~8/99 w/elcct~ici~ - ~pp~oved le~ to Chamb~ of~ Comm~ce copy minut~ to PARK5 - Riv~view - Wint~ Wond~land Disaster Em~g~ R~w Funds - epp~ved for ~pei~ for ~icane Floyd and Z~ne de.ge cr~te file and copy mJnut~ to file file vault - ~NANCE - 99/~000 Budget 4 DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 17, 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 Frank Camillo, Police Chaplain and Barefoot Bay First Baptist Church. ROLL CALL City Co~.l PresenJ; Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Walter Barnes Mr. Ben A. Bishop Mr. Edward J. Majeher, Jr. ~t~ffPresent: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Police Chief, Randy White Public Works Director, Terry Hill Finance Director, Mark Mason City Engineer, Martha Campbell Administrative Assistant, Linda Galley Regular City Council Meeting November 17, 1999 Page Two DRAFT 99.008 99.065 99.217 99.181 AGENDA MODIFICATIONS (ADDITIONS AND/OR D~;LETION$] Items not on the written agenda may be added on~ upon a majoriO, ~ of CiO' Council rncmber~t (R-99-21) The City Manager distributed documentation and requested addition of an item relative to funding from the Disaster Emergency reserve for repairs to damage caused by Hurricanes Floyd and Irene. City Council concurred and the item was added as New Business item I. Mr. Barczyk requested that item 14.A. 99. 008 ]~q~tting and Zoning Cgmmission - Interview. Unless Waived. q~d ~ppoint One Regular Member Terr~ tO F_.~pire 11/2/2002 be moved to consent agenda item D since Wilbur O'Donnell was the only applicant for the position and was not in attendance. City Council concurred. PROCLAMATIONS. ANNOUNCEMENTS AND/QR PRESENTATIQ]~; A. presentation of Certificate to Kelly Mather - Pl0nning and Zoning Commission Mayor Neuberger nol~l that Mr. Mather was unable to attend and requested the certificate be mailed. B. Presentation of Certificates' to Charter Review Col~fitte~ Members Mayor Neuberger presented certificates to the following members of the Charter Review Committee which is now officially disbanded: Walter Barnes Louise Cartwright (absen0 Thomas Connelly Norma Damp Adrina Davis Inez Fielding Joseph Generazio (absent) James Hill Louise Kautenburg Sandra McCann Nathan McCollum (Chairman) Larry Napier (absent) Salvatore Neglia Larry Paul Harry Thomas C. Presentation of Life Saving Award Ribbon to Officer Christol~hcr Rodriguez Mayor Neuberger read and presented a Life Saving Award Ribbon to Officer Rodriguez for his efforts on December 6, 1999 which saved an individuals life following a heart attack. D. Presentation - Status Regort on_PavingProgram by CiW Engineer (.P~tblic Works Transmittal) The City Engineer distributed materials and gave a brief presentation on the city paving program. Regular City Council Meeting November 17, 1999 Page Three DRAFT 7. L"ITY ATTORNEY MATTEI~ Received consemus of Council to place the proposed lot clearing ordinance on the next agenda (12/1/99) for discussion only. 8. CiTY MANAGER MATTE.~ Reported that an agenda item on citywide signage will be brought to Council on December 1, and TAPE I- SIDE II (7:47p. m.) the entnmce signs will include the six old grouches. Di~sed the Chamber of Commerce Winter Wonderland program planned for this year which had been reported in the newspaper; and inquired whether Council would like to take action on it as it has in the past. Reported that the quarterly city newsletter will be mailed next week. Mayor Neuberger discussed his interview with Channel 25 anchor Tom Donovan relative to its Hometown Countdown Program. MOTION by Bames/Barczyk "I would move to approve the deeorating by the Chamber of Commerce on November 27 and 28, with use of electricity." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 9. CITY L"~RK MATTERS None. Regular City Council Meeting November 17, 1999 Page Four DRAFT 10. ~ITY COUNCIL MATTERS A. Mr. Barc~k Reported on his attendance at th~ Council of Public Officials meeting, the County's approval of funding for a new radio station located at Veto Beach High School for emergency broadcasts and other governmental matters, and the decision that redistricting will be looked at after the census is completed. B. Mr. Barnes Reported that the Keep Indian River Beautiful cleanup results are still being weighed. Discussed the fact that City Council is violating its own procedures and the advice of its City Attorney by allowing Herb Sturm to continue to discuss a matter he has been bringing to Council for many years. City Council, by consensus, agreed with Mr. Barnes. C. Mr~ Bishop Requested that Council look at removing the Water Restriction Emergency declaration. The City Attorney advised that it did not have to be an agenda item for them to remove the restriction. Mayor Neuberger said he would entertain a motion to remove the restriction. MOTION by Bishop/Barnes 'TII make a motion to liR the emergency water restrictions and let the year round restrictions go into effect." VOICE VOTE on the motion carried 5-0. Discussed the shopping center sign south of the city limit that was damaged during the hurricane, suggesting it be repaired and the south City limit sign being an eyesore. The City Manager responded that staff will look into it. Encouraged participation in the City boat parade on December 4, 1999. D. Mr. Majcher Reiterated his concerns about the progress of the Yacht Club improvements. 4 Regular City Council Meeting November 17, 1999 Page Five DRAFT 99.218 99.207 99.008 11. E. Mayor Neuberger Discussed asking staffto look into discontinuing the use of mesh on barrier fences. Reported on the Land Acquisition Committee meeting on the ECO u'oop proposed acquisition of wildlife preserve at Pelican Island Elementary School, with a cost estimate of $186,000. CONSE['qT_&C, ENDA All items on the consent agenda are conMdered routine and will be enacted by one motion. There will be no separate discu.~'on of cons~t agnenda items unle~ a member of City Council so requests; in which even6 the item will be removed and acted upon separately. A. Approval of Minutes - 11/3/99 Regular Meeting Thursday Night Bridge - Approve Use of Alcoholic Beverages at Christmas Party During Regular Use of Yacht Club - December 9, 1999 (City Clerk Transmittal 11/5/99, Application) Resolution No. R-99-54 - Support for Pelican Island Elementary School ECO Troop Efforts to Acquire and Preserve ScrUb Jay Habitat (City Manager Transmittal 11/10/99, R-99-54) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE EFFORTS OF THE PELICAN ISLAND ELEMENTARY ECO TROOP TO ACQUIRE AND PRESERVE SCRUB JAY HABITAT; PROVIDINO FOR CONFLICT; PROVIDINO FOR AN EFFECTIVE DATE, Do Planning and Zoning Commission - Appoint One Regular Member Term to Expire l I/2/2002 - Wilbur O'Donnell The City Manager read the consent agenda and the City Attorney read Resolution No. R-99-54 by title. Mayor Neuberger removed item D. MOTION by Barnes/ "My motion is to approve items A, B, and C of the consent agenda." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Regular City Council Meeting November 17, 1999 Page Six DRAFT 12. PUBLIC FII;ARING - None 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that htas occurred or wa~ discovered within the previouz zix months which i$ not otherwise on the agenda - sign-up required, limit of &m rain#res for each speaker Mr. Guzzi, requested that Shakespeare Street be one-way. Irene Whimey, 1291 Schumman Drive, objected to buying the Good Guys property. The following individuals discussed the proposed skateboard park Amy McDonald Byron Elsebough John Massung David McDonald TAPE II - SIDE I (8:30 p. mO Lorraine Noack, Persian Lane Tut Connelly, discussed the need for citizen committees and workshops relative to continuing issues such as -. drainage, street weight limits, city garage, sign shop, Yacht Club restrooms, etc. 14. COJ~MITTEE REPORTS/RECOMMENDATIONS A. Planning and Zoning Commission 99.008 1. Interview, Unless Waived, and Appoint One Regular Member Term to Expire 11/2/2002 (City Clerk Transmittal 11/3/99, One Application, Memo, Board Member List, Ad) This item was previously moved to the consent agenda. 15. OLD BU~IN~ - None 16. I~EW BUSINESS 99.219 A. State of Florida Local Law Enforcement Block Grant Project - Authorize City Manager to Apply for $8,423 Grant ('PD Transmittal 11/3/99, DCA Notic~c] Mr. Barnes noted a scriveners error "city" on page 46. Regular City Council Meeting November 17, 1999 Page Seven DRAFT 99.220 B. 99.195 C. MOTION by Bames/Majcher "I'll make a motion to approve the State of Florida Local Law Enforcement Block Grant." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barezyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 Mayor Neuberger called recess from 8:36 p.m. to 8:46 p.m. All members were present. Bid Awltr~t - Elkcam Water~ay Control Structure - Murray ].,Qgan Construction, Inc. in th~ Amount of$_tgL000 (Engineefiag Transmittal 10/20/99, Bid Tabtll~t[010 MOTION by Barczyk/Bames "I recommend to move to award a contract to Murray Logan Construction, Inc2 for the replacement of Elkcam Waterway Control Structure for $192,000." ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Approv~ Change Order t_o Summerlin Seven Seas, Inc. Agreement in_the Amount of $47.391 to Repair Yacht Club Pier and ~l~[91~fiot~ $(32.Q00_for thc Project.(Engineering/Finance Transmittal I.IL10/99) It was noted that this did not include the ramp or the proposed restrooms which are under design at this time and will include a lift station for the sewer. MOTION by Majcher/Bames "I move to approve a change order to Summeflin Seven Seas, Inc. for $47,391 to repair the Yacht Club Pier and appropriate $62,000 for the project." 7 Regular City Council M~ting November 17, 1999 Page Eight DRAFT ROLL CALL: Mr. Majcher Maya' Neuberger - aye - aye - aye MOTION CARRIED 5-0 99.221 Purchase Replacement Unmarked Vehicle for police DeparlmenCm the Amount o£.$15,070 Pursuant to FSA/FCA Statewide Bid # 99-0%0_913 (Police Trarlsmittal 1 l15199,.[hff~bilse l~equisition, FSA/FCA Bid, Spec #4) MOTION by Bames/Barczyk "I make a motion to purchase replacement unmarked vehicle for the Police Department in the amount of $15,070." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - nay Mr. Barezyk - aye MOTION cARRIED 4-1 (Neaberger - nay) 99.222 purchase Micm-~luff;lcing from Flor~gla lJighway Products, Inq. for Six Miles of ~il~ $~e~ts Pursuant to Piggyback of ¥~ro Beach Contract in an Amolll~t Up to $110,000 (Engineering Trarksmittal 11/8/99) MOTION by Bishop/Majcher "I'd move to authoriz~ the purchase of Micro-Surfacing from Florida Highway Products, Inc. at the rate of $1.35 per square yard up to $110,000." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barezyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 8 Regular City Council Meeting November 17, 1999 Page Nine DRAFT 99.223 F. Resolution No. R-99-53 - Aulhorizing Application to St, J0ha~ RiysF Water M~og~meRt District ~;)ormwater Master plan Grant ~ngineering Tr~mittal 11/8/99,1G-99-53} A RESOLIYrlON OF THE CITY OF SEBAffrlAN. INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CITY MANAGER TO APPLY FOR STORMWATER GRANT= PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-53 by title. MOTION by Barnes/Bishop "I make a motion to approve Resolution R-99-53." The City Engineer said the city is looking at a 50/50 split with St. Johm4 and that the City has $100,000 funded at this time. She noted that this study could result in an amendment to the base flood elevation. TAPE II- SIDE II (9:18 p. m.) ROLL CALL: Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop - aye - aye - aye - aye - aye MOTION CARRIED 5-0 99.205 G. Resolution No. R-99-55 - Airport Sublease - Golden Horn A,ijatjgla. II~c.~o A 8~_]3 L~asing Ent., In~, dfo/a Velocity Aireratt (Ci~Managei_T~np. smittal I/1_0/99, R-99-55, Exhibit A Sublease) RE.SOLUTION OF THE CITY OF SE~, INDIAN RIVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF AIRPORT LAND FROM GOLDEN HORN AVIATION, INC. TO A AND B LEA~ING ENT., INC.; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-55 by title. Mr. Barnes noted a missing word on page 64. MOTION by Bames/Neuberger "I make a motion to approve Resolution R-99-55." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 9 Regular City Council Meeting November 17, 1999 Page Ten DRAFT 99.224 H. 99.225 I. First l~.~[iag.oLQrt~anee No,_O-99-38 - Police Retirement ~stem - Set Public Hearing for 12/15/99 (City Attorney Transmittal 11/10/99, O-99-38~ AN' ORDINANCE OF THE CITY' OF SEBA,.qTIAN, INDl3dq RIVER COUNTY, FLORID& AMENDING CODE CHA_PTER 58, ARTICLE Ill, POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS; PROVIDINO FOR SEVERABILITY; PROVIDING FOR PaN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-99-38 by title and reviewed the amendments required by state law. Typographical errors were noted in several locations. MOTION by Bishop/Majcher "I'll move to approve Ordinance O-99-38 on first reading and set public hearing for December 15, 1999." ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye 17. MOTION CARRIED 5-0 Disaster Emergency Reserve The City Manager had previously distributed documentation (see attached) and stated his recommendation as submitted "Move to program Disaster Emergency Reserve Funds to finance expenses incurred as a result of damage from both hurricanes Floyd and Irene." MOTION by Neuberger/Barnes "So move." Being no further business, Mayor Neuberger adjourned the Regular Meeting at 9:45 p.m. Approved at the ,1999, Regular City Council Meeting. Kathryn M. O'Halloran, CMC/AAE City Clerk Chuck Neuberger Mayor 10 0 I 0 [] · I 0 i 0 mci 0~.~ I~0 0 Cfi CZ) 0~~0 ~ ~i ~/~ ~l 01 00~ 0 O~(DO ~ 0 03 O~ ~000 0000 0000 0000 0000 m 0 0 ~ X Mil 0 0 CITY COUNCI~ MEETING DATE: ITEM NO. /(~60 MOTION ROLL CALL 1 Mayor Neuberger Mr. Barczyk ~ Mr. Barnes / Mr. Bishop J Mr. Majcher,/ ///7_7 ITEM NO. ROLL CALL 2 Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger // ITEM NO. ROLL CALL 3 Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuber~ Mr. Barczyk MOTION SECOND ITEM NO. ROLL CALL 4 Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes $O. q. , q ROLL CALL Mr. Majcher Mayor Neuberger Mr. Barczyk ~ Mr. Barnes Mr. Bishop ~J MOTION SECOND CITY COUN~C]~L MEETiNG DATE: ITEM NO. ~ c/$ Z'~ MOTION ROI,L CALL 1 Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher ITEM NO. ~, / ~ ,.~' ROLL CALL 2, Mr. Barczyk Mr. Barnes ~/ Mr. Bishop ~/ Mr. Majcher c Mayor Neuberger ./ SECOND ITEM NO. ~ ROLL CALL Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk /-' ,,_z~--. ITEM NO. ROLL CALL 4 Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes ITEM NO. ROLL CALL S // Mr. Majcher Mayor Neuberger Mr. Barczyk -×' Mr. Barnes Mr. Bishop MOTION SECOND SECOND SECOND CITY COUNCIL MEETING DATE: ITEM NO. a~f~, ~0_~ MOTION ROLL CALL1 Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher ITEM NO. ~' ~ ¢ ROLL CALL 2 Mr. Barczyk. Mr. Bames Mr. Bishop Mr. Majcher Mayor Neubergen/ SECOND SECOND ITEM NO. ROLL CAL]~ Mr, Barnes Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk MOTION SECOND ITEM NO. ROLL CALL 4 Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes MOTION SECOND ITEM NO. ROLL CALL 5 Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop MOTION SECOND CITY COUNCIL MEETING DATE: ITEM NO. ROLL CALL I Mayor Neuberger ~ Mr. Barczyk ~ Mr. Barnes ~ Mr. er MOTION SECOND ITEM NO. ROLL CALL2 Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger MOTION SECOND ITEM NO. ROLL CALL 3 Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk MOTION SECOND ITEM NO. ROLL CALL 4 Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes MOTION SECOND ITEM NO. ROLL CALL 5 Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop MOTION SECOND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 17, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Nenberger called thc Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Frank Camillo, Police Chaplain and Barefoot Bay First Baptist Church. ROLL CALL City Council Present: Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Walter Barnes Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. ~[aff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Katluyn O'Halloran Police Chief, Randy White City Engineer, Martha Campbell Administrative Assistant, Linda Galley Regular City Council Meeting November 17, 1999 Page Two AGENDA MODIFICATIONS ~DITIOI~ A~/O]~ DI~LETIONSI Items not on the written agenda may be added on~y Uln~n a majorit~ vote of Ci~ Council members (R-99-21) 99.008 99.065 99. 217 PROCLAMATIONS. ANNOUNL-~MENT$.AND/QR P~;ENTATIONS A. Presentation of Certificate to Kelly Mather - Planning and Zoning (~ommission Mayor Neuberger presented a certificate to Kelly Mather. B. Presentation of Certificates to Charter Review Committee Menlber~ Mayor Neuberger presented certificates to the following members of the Charter Review Committee: Walter Barnes Louise Canwright Thomas Connelly Norma Damp Adrina Davis Inez Fielding Joseph Generazio James Hill Louise Kautenburg Sandra McCann Nathan McCollum (Chairman) Lany Napier Saivatore Neglia Lany Paul Har~ Thomas Presentation of Lift Savir~g ~word Ribbon to Officer Christopher Rodriguez /4 (3 g ~f~ 7%~ 99.181 Pr~eototior~ - Status Report on Paving Program by City Engineer (public Works Transmittal) The City Engineer gave a brief presentation on the city paving program./341l~31-///qf.' ~/qtT~/C ~3 CITy bTTOKNEY MATTER~ ' o CI[TY MANAGER MATTERS 9. CITY CLERK MATTERS 10. CITY COUNCIL MATTERS A. Mr. Mr. Bishop 4 11. 99.218 99.207 CONSENT AGENDA All items on the consent agenda are conzidered routine and will be enacted by one motion. There will be no set~arate discussion of cermet agenda items unless a m~nln~ of CiO~ Council so requests; in which even~ the item will be removed and acted upon separate~. A. Approval of Minutes - 11/3/99 Regular Meeting Thursday Night Bridge - Approve Usc of Alcoholic Beverages at Christmas Party During Regular Use of Yacht Club - December 9, 1999 (City Clerk Transmittal 1 I/5/99, Application) Resolution No. R-99-54 - Support for Pelican island Elementary School ECO Troop Efforts to Acquire and Preserve Scrub jay Habitat (City Manager Transmittal 11/10/99, R-99-54) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE EFFORTS OF THE PELICAN ISLAND ELEMENTARY ECO TROOP TO ACQUIRE AND PRESERVE SCRUB JAY HABITAT; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Manager read the consent agenda and the City Attorney read Resolution No. R-99-54 by title. MOTION by I move to approve consent agenda items A, B and C. 12. PUBLIC HEARING - None 13. required,- limit often minutes for each spealter INTROPUL'TiO~ OF NEW BUSINESS FBQM THF~I'I. IIILIC Item that has occurred or was discovered within the previous ~ months which is not otherwise on the a~genda - sign-up 6 14. COMMITTEE REPORTS/RECOMMENDATIONS 99. 008 Planning andZoniqg Come,sion 1. Interview, Unless Waived, and Appoint One Regular Member Term to Expire 11/2/2002 (City Clerk Transmittal 11/3/99, One Application, Memo, Board Member List, Ad) MOTION by I move to appoint Wilbur J. O'Donnell to the Regular Member position of Kelly Mather term to expire 11/2/2002. 15. OLD BUSINESS - None 16. NEW BUSINES~ 99.219 State of Florida Local Li~w Enforcement Block GrankPr~ject - Authorize City Manager to Appl~, for $8.423 Grant (]?D Transrllittal 11/3/99. DCA Notice) MOTION by I move to authorize the City Manager and the Police Department to apply for this $8,423 Local Law Enforcement Block Grant. 8 99.220 t~id Award - Ell~cam Waterway Coa~|~uc~ - Murray Logan Construction. Inc. in thc Amount of~ ~92,000 ~ngi~e~g Transmittal 10/20/99. Bid Tabulatiou~ MOTION by 1 move to award a contract to Murray Logan Construction, Inc. for tho replacement of Elkcam Waterway Control Structure for $192,000. 9 99.195 Approve Change Older to Summerlin Sevej1 $~as. lg~, Agr~nt in the Amount of $47,391 to R~pair Yacht Club Pier and Appropriate $62,000 for the Project (Engirt~eriqg/Finance Transmittal i 1/10/99) MOTION by I move to approve a change order to Summerlin Seven Seas, Inc. for $47,391 to repair the Yacht Club Pier and appropriate $62,000 for the project. 10 99.221 Do [h~rchasc R~lacemcnt Up~pa~ked Vehicle for PQlice D~l~a~lI~$Rkin tho Amount of $1 $,070 Pursuant to FSA/FCA.$tatewideJ3id ~99-07-0913 (Police Tra~l~iP~l 11/5199~ Purchase R~31i~ition- F~.A~F(3A Bid. Spec #4) MOTION by I move to authorize the City Manager to purchase a 2000 Ford Taurus sedan, as specified and equipped in the attached document for $15,070, pursuant to the prices, terms and conditions of FSA/FCA statewide bid #99-07-0913. 11 99.222 Purch~icro-Surfacing from Florida Highway Pr. oduct~,J~,, for ~ix Miles of Cig~ ~treets Pursl~nt to Piggyback of Veto J3each Contra¢~ ilLill~ Alno~t Up to $1L0,000 (Y, ngin~riRg Tr~smittal i 1/8/99~ MOTION by I move to authorize the purchase of Micro-Surfacing from Florida Highway Products, Inc. at thc rat~ of $1.35 per square yard up to $110,000. 12 99.223 Resolution No. R-99-53 -/kl~lhorizing Application to St, Johns River Water Management District_ 5tor~l.~t~r Master Plan Grant ~qgineering Transmittal 11/8/99. A P.E~OLUTION OF THE CITY OF SEBAS~, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CITY MANAGER TO APPLY FOR STORMWATER GRANT; PROVIDING FOR CONFLICTS; PROVIDINO FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R.99-53 by title. MOTION by I move to adopt Resolution No. R-99-53 authorizing the City Manager to apply for Stormwater Master Plan Grant. 13 99.205 R~solution No. R-92-55 - Airport Sublease . Golden Hgrll Ayiiitiqa, I~, to A ~ 15 Leasing Ent., Inc. d/b/a Velocity Aircraft (City Manager Tran~roittal 1/10/~9, R-99-55, Exhibit A Sublease ~Ll. rrlON OF THE CITY OF SEBAKrlAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF AIRPORT LAND FROM GOLDEN HORN AVIATION, INC. TO A AND B LEASING ENT., INC.; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-55 by title. MOTION by I move to adopt Resolution R-99-55 granting approval to sublease airport land from Golden Hem Aviation, Inc. To A and B Leasing Ent., Inc. 14 99.224 First Reading of Ordinance lqo. 0-99-38 - Police Retirem~LSyst~m - Set Public Hearing for 12/13199.~City Attorney Traosmittal 11/10/99, O-99-38) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE CHAPTER 58, ARTICLE HI, POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-38 by title. MOTION by I move to approve Ordinance O-99-38 on fa'st reading and set public hearing for December 15, 1999. 17. ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Council) 15 SEBASTIAN CITY COUNCIL AGENDA REG~ MEETING WEDNESDAY, NOVEMBER 17, 1999 - 7:00 P.M. CITY COUNCIL ~ERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA iTEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAINSTREE~, SEBASTIAN, FLORIDA Individuals will address the CiO' Council with respect to agenda items immediately before deliberation of the item by the Cio' Council - limit often minutes per speaker (R-99-21} 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Frank Camiilo - Police C~aplain and Barefoot Bay First Baptist Church ROLL CALL AGENDA MODIFICATIONS (ADDITIONS ANDIORDELETIONS) Item~ not on the written agenda may be added on~ ~ a majority vote of City Council members (R-99-21) 6. p~OCLAMATION$, ANNOUNCEMENTS ~ND/OR PRESENTATIONS 99.008 A. Presentation of Certificate to Kelly Mather - Planning and Zoning Commission 99.065 Presentation of Certificates to Charter Review Committee Members: Walter Barn~s Louiae Cartwright Thomas Connelly Norma Damp Adrina Davis inez Fielding Joseph Generazio James Hill Louise Kautenburg Sandra McCann Nathan McCollum (Chairman) Lawy Napier Saivatore Neglia Lany Paul Hmy Thomas 99.217 I-2 99.181 3 Presentation of Life Saving Award Ribbon to Officer Christopher Rodfiguez Presentation - Status Report on Paving Program by City Engineer (Public Works Transmittal) 7-27 99.218 29-30 99.207 31-33 99.008 35-41 8. 9. 10. 11. 12. 13. 14. 15. ~TY ATTORNEY MATTER~ CYFY_MA~A~t MATTEI~ CITY CLERK MATTER~ CITY COL LTI, MATTEI A. Mr. Barezyk B. Mr. Barnes c. Mr. B shop E. Mayor Neuberger CONSENT AGENDA Ail itent~ on the cons~ agenda are cor~dered routine and will b~ enacted by one motion. There will be no separate dLycu~on of consent agogla ite~ u~less a member of City Council so requests; in which eveng the item will be removed and acted upon separate~. A. Approval of Minutes - 11/3/99 Regular Meeting Thursday Night Bridge - Approve Use of Alcoholic Beverages at Christmas Party During Regular Use of Yacht Club - December 9, 1999 (City Clerk Transmittal 11/5/99, Application) Resolution No. R-99-54 - Support for Pelican Island Elementary School ECO Troop Efforts to Acquire and Preserve Scrub Jay Habitat (City Manager Transmittal 11/10/99, R-99-54): A ~LUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE EFFORTS OF THE PELICAN tnLAND ELEMENTARY ECO TROOP TO ACQUIRE AND PRE.SERVE SCRUB JAY HABITAT; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVI~ DATIL PUBLIC HEARING - None INTRODUCTION OF NEW BUSI~ES$ FROM THE PUBLIC Item that has ocearred or was discovered within the previous six montlu which i~ not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORT~/RE CO MMEIND&TI O NS planning and Z~ning Commission 1. Interview, Unless Waived, and Appoint One Regular Member Term to Expire 11/2/2002 (City Clerk Transmittal 11/3/99, One Application, Memo, Board Member List, Ad) OLD BUSINESS - None 2 16. NEW B~I~ll~SS 99.219 A. 4346 State of Florida Local Law Enforcement Block Grant Project - Authorize City Manager to Apply for $8,423 Grant (PD Transmittal 1 I/3/99, DCA Notice) 99.220 B. 4748 Bid Award - Elkeam Waterway Control Structure - Murray Logan Construction, Inc. in the Amount o111192,000 (Engineering Transmittal 10/20/99, Bid Tabulation) 99.195 C. 49-50 Approve Change Order to Summerlin Seven Seas, Inc. Agreement in the Amount of $47,391 to Repair Yacht Club Pier and Appropriate $62,000 for the Project (Engineering/Finance Transmittal 11/10/99) 99.221 D. 51 Purchase Replacement Unmarked Vehicle for Police Department in the Amount of $15,070 Pursuant to FSA/FCA Statewide Bid # 99-07-0913 (Police Transmittal 11/5/99, Purchase Requisition, FSA/FCA Bid, Spec #4) 99.222 E. 53-54 Purchase Micro-Surfacing from Florida Highway Products, Inc. for Six Miles of City Streets Pursuant to Piggyback of Vero Beach Contract in an Amount Up to $110,000 (Engineering Tnmsmittal 11/8/99) 99.223 F. 55-57 Resolution No. R-99-53 - Authorizing Application to St. Johns River Water Management' District Stormwater Master Plan Grant (Engineering Transmittal 11/8/99, R-99-53) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA AUTHORIZING THE CITY MANAGER TO APPLY FOR STORMWATER GRANT; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 99.205 G. 59-69 Resolution No. R-99-55 - Airport Sublease - Golden Horn Aviation, Inc. to A & B Leasing Ent., Inc. d/b/a Velocity Aircraft (City Manager Transmittal 1/10/99, R-99-55, Exhibit A Sublease) ~N OF TI-IE CITY OF S~, INDIAN RiVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF AIRPORT LAND FROM GOLDEN HORN AVIATION, INC. TO A AND B LEASING ENT., INC.; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 99.224 H. 71-91 Fkst Reading of Ordinance No. O-99-38 - Police Retirement System - Set Public Hearing for 12/15/99 (City Attorney Transmittal 11/10/99, 0-99-38) AH ORDINANCE OF THE CITY OF SEBAgTIAN. INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE CHAIrI'ER ARTICI~ Ill, POLICE OFFICER~' RETIREMENT SYSTEM; PROVIDINO FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 17. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City CounciO ANY PERSON WHO DECIDES TO APPF~L ANY DECISlON MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) ~ NEF~ A RECORD OF THE PROCEF-DINGS AND MA Y NEED TO I~VSURE THA T il VERBATIM RECORD OF THE PROCEEDINGS IS MADE. WHICH RECORD INCLUDES THE TEYII~O~AND EFIDENCE UPON WIIICH THE APPF_.4L IS TO BE HF_.4RD. 6286.0105 F.S.) IN COMPLIANCE WTI'H THE AMERIC4NS ~ Di~.4BILITiES ACT (ADA). ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT $89-~$30 AT LEAST ~8 HOURS IN ADVANCE OF THIN MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. U~oming Mq~tines: · Regular Meeting - Wednesday. 12/1/99- 7 pm · RegularMeettng- Wedne.~ay, 1'.-/15/99- 7pm SEBASTIAN POLICE 1201 M~in Street Sebastian, Florida 32958 DENNIS R. W~ITE, Chief E-mail: spd@sunet.net DEPARTMENT Telephone 561/589-5233 24 hr Fax 561/589-2207 A~min Fax 561/388-1872 Web: www. sebastianpd, org What: When: To Whom: Presentation by Mayor Chuck Neuberger 11/17/99 at City Council Meeting Officer Chris Rodriguez On November 6, 1999, Officer Chris Rodriguez responded to an incident wherein a 71 year old male had collapsed and was unconscience on Indian River Dr. Officer Rodriguez arrived within a minute of being. notified, checked the victim and found that he had a extremely weak pulse and very shallow breathing, all signs of a heart attack. Officer Rodriguez immediately attached his Automated External Defibrillator (AED) to the victim. The AED analyzed the victim's condition and advised that a shock was required. Officer Rodriguez then administered the heart beat restoring shock which immediately restarted the victim's pulse and increased his breathing. The victim was stabilized and EMS soon arrived to further treat and transport the victim to the hospital. We are advised by' the hospital staff that Officer Rodriguez' prompt and professional action is responsible for the victim surviving this life threatening attack. For his professional actions it is my pleasure, as Mayor, to award Officer Christopher Rodriguez the Police Department's Life Saving Award Ribbon. COMMENDATION (Continuation) On ! 1-06-99 Chief White informed dispatch that he needed an officer, with an A.E.D., and EMS to respond to Indian River Drive behind Pelican Pub. Officer Rodfiguez, advised that he was in route and arrived within minute~ prior to EMS's arrival Upon Ms arrival he observed Mr. Burklew laying on the ground unresponsive, suffering fi.om what appeared to be a heart attack. Officer Rodriguez determined that the A.E.D. needed to be used at that time. The A.E.D. was hooked up and it advised Officer Rodriguez to administer a shock. A~er the A.E.D. was used Mr. Burklew began breathing again and was wansponed by EMS to the Sebastian River Hospital. Due to Officer' Rodriguez's quick response, exceLlem observation skills, knowledge and training in the use of the A.E.D., Mr. Burldew's life was saved. In an attempt to reco~ize Officer Rodriguez's efforts in saving the life of Mr. Burldew, I am requesting and recommending that he receive the LWE-SAVING AWARD. Without Officer Rodriguez's aid Mr. Burklew would have in all likelihood, perished. -' Page 2 of 2 I I I I I I I i I City of Sebastian, Florida Subject: Paving Program Agenda NO. ~./~) / Approve~ for ~bmi~ ~ Terren? Department Origin: Public Works Originator: Dept. Head: ¢ ~_~_~ ~..~(~ Finnnee: Procurement: Date Submitted: 11/09/99 For Agenda of: 11/17/99 Exhibits: EXPENDITURE REMAINING BUDGETED: REQUIRED: N/A N/A APPROPRIATION REQUIRED: N/A SUMMARY The City Engineer will be giving a status presentation on the paving program currently going on in the City. We will touch on drainage repairs, paving locations, pipe replacements, the current status and proposed schedule. Also we will give you an update on problems or concerns and delays due to water installations. Maps with overlays will be available for your review. I SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 3, 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 Reverend Jim Wingate, Cornerstone Baptist Church. ROLL CALL City C0gncil Prescng Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Walter Barnes Mr. Ben A. Bishop City Cogncil Absenl~ Mr. Edward J. Majcher, Jr. (excused) Staff Preseng City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Finance Director, Mark Mason Chief of Police, Randy White Golf Course Director, Pat Cerjan Public Works Director, Terry Hill City Engineer, Martha Campbell Deputy City Clerk, Sally Maio DRAFT Regular City Council Meeting November 3, 1999 Page Two 99.082 o 10. DRAFT AGEiNI)A MQI)!,gI.C,A.TIONS (ADDITIONS ANlP/~)R_OELETIQbIS) Items not ~ ~e ~ ~ ~ ~ Mded ~ u~ a ~ ~ of Ci~ Council members ~-99-21) None. PRO~TIONS. ~O~ME~S ~iOR PRESE~ATIO~S A. Pr~l~ation - W~e Bmb~er ~ p~e~'s G~e & Tong - Re~o~tion of Se~ice ~o M~or N~ ~ ~d p~en~ ~e pr~l~afion to Wa~e Bmb~er. B. Pr~l~ation - 8ov~er Na[i0nal Hospi~ Mo~- Visifi~gN~se Ass~iation ~d HQ~pi~- C~ol K~k A~ M~or N~g~ ~M ~d pr~ ~e pr~l~ation to C~ol K~ek. C. De~e~tafi~ ~ Si. Jo~ ~ver Water M~agement Di~ct Re: Water Level~ ~o Bac~p) A repr~mfive of St Jo~ ~ver Water M~agement Dis~ct gave a brief presentation on c~ent wa~r l~els ~ ~e ci~ ~d ~s~ct (s~ ~ap~cs a~ch~). ~Y A~O~Y None. ~TY ~AGER Repo~ on e~ ~~ n~ due m ~e r~ent h~c~e, i.e., ~ remov~ at Golf Co~se ~ · e ~o~t of $8,~0 ~ Y~ht Club pier ~d ~p ~age ~ ~e ~o~t of appro~ately $10,000 ~ ~ ~g ~u~ m ~me to Co~cil at ~e next m~t~g; ~d nord ~at ~a~ of ~e expenses ~ll be re~b~s~ by ~. ~TY ~E~~ None. ~TY CO~L MA~E~ · R~ on ~e Me~opoli~ Pl~g Org~zation receipt of a s~ of raikoad cr~sov~ at US I w~ch he said is available for mvi~ md n~ reco~ideration; ~d ~option of a ~olution endomhg ~e fo~ l~g of State Road 60 west. 2 Regular City Council Meeting November 3, 1999 Page Three Bo 11. 99.208 DRAFT Reported that FPL representatives will attend the December 1, 1999 meeting regarding recent power outages. Reported on a serious accident at the Barber and US 1 traffic light. Reported that the Periwinkle Bridge will be closed from November 8 to December 8, 1999. Urged participation for the Coastal Cleanup beginning at Riverview Park on Saturday November 3, 1999 at $ am. Requested an update on Falcon Cable improvements. The City Manager said he will contact Ken Vickers to make a presentation to City Council. Noted the school zone sign is down on CR $12 since hurricane and urged it be restored. Requested an update on the uniform speed limit issue. The City Attorney stated there is a state law that establishes 30 miles per hour in residential areas unless engineering, studies deem another appropriate speed limit Mr. Barczyk inquired about downed signs on city right-of-way since the hurricane. D. MrLBishop None. E. Mr. Majcher None. CONSENT AGENDA All items on the conaent agenda are cortMdered routine and will be enacted by one motion. There will be no separate dixcu.~sion of cormmt agenda items unle~ a member of Cio~ Council so requests; ~n ~hich evern~ the item will be removed and acted upon $eparate~. A. Approval of Minutes - 10/27/99 Regular Meeting Prior Approval for Reimbursement of Expeases for Mayor Neuberger to Attend 39th Annual Florida League of Cities Conference in Orlando November 18-19, 1999 in Accordance with State Limits (City Clerk Transmittal 10/25/99, Conference Info) The CityManagerreadtheconsent agenda. MOTION by Bames/Barczyk "I'11 make a motion to approve items A and B of the consent agenda." Regular City Council Meeting November 3, 1999 Page Four DRAFT 99.198 9~147 12. ROLL CALL: Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher ' aye - aye - aye - absent MOTION CARRIED 4-0 PUBLIC Oxdinance_No. O-99-k4 - A~a~ding Technical Codes (Building Department Tr~_nliltal 10/27/99, o-00-143 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& AMENDING CODE OF ORDINANCES CHAiq'ER 26 UPDATING TECHNICAL CODES; PROVIDING FOR CONFLICT~; PROVIDING FOR SEVERABILIT¥~ PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at 7:39 p.m. and the City Attorney read the ordinance by rifle, There was no public input. Mayor Neuberger closed the public hearing at 7:40 p.m. MOTION by Barnes/Bishop 'TII make a motion to approve Ordinance O-99-14." ROLL CALL: Mr. Barczyk - aye Mr. Banes - aye Mr. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye MOTION CARRIED 4-0 Oj'clinaag~_]~o, 0-99-15 - AlarmCoxlKoLfl~qli.ee Tr~asmittal 10/28/99, ADT Letter, Revised_ o-99-!5) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 39, ARTICLE 2, ~ SYSTEMS; PROVIDING FOR CONFliCTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at 7:41 p.m. and the City Attorney read the ordinance by tide. The City Attorney reviewed revisions directed at the fn-st reading and the Chief of Police gave a brief presentation. 4 Regular City Council Meeting November 3, 1999 Page Five TAPE I- SIDE II (7:45 p.m.) DRAFT Following a brief discussion on the Bernie Fox (ADT) letter suggesting additional language (see letter attached), the City Attorney recommended flint if Council is inclined to add the language, it be added as subsection C of Section 39-32. MOTION by Barnes/Bishop "I'd make a motion to include it." Discussion continued on altering the recommendation so that it referred specifically to "burglar alarms". Mr. Barnes and Mr. Bishop modified their motion to include that revision. Discussion continued. Mayor Neuberger closed the public hearing at 7:53 p.m. There was consensus on the revision to the addition, therefore, there was no vote on the motion. MOTION by Bishop/Barczyk "I would like to move to approve Ordinance 0-99-15 as amended," ROLL CALL: Mr. Barnes - aye . Mr. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 4-0 Ordinance No. O-99-17 - Amending City Investment Policy Pmvi~ions ~inance Dire, mr Trag~mittai 10/26/99. 0-99-17) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY. FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2 ~ENT POLICY PROVISIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at 7:55 p.m. and the City Attorney read the ordinance by title. There was no public input. The Finance Director gave a brief staff summation on the proposed policy.. Mayor Neuberger closed the public hearing at 7:56 p.m. Regular City Council Meeting November 3, 1999 Page DRAFT 99.065 D. MOTION by Bames/Bislaop "I'll make a motion to approve Ordinance O-99-17." ROLL CALL: Mr. Majcher - absent Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-O Charlc~' Allaendment OrdinanC,~ (C~' P, ltorn~ TransmiR0/10/26/99, Orditlgnce Nos. O-99-18 l&r0ugh 0-99-36 0~x~;lll0ing O-99-21 Which Failed It First P,,gading) Ordi~an~ No. 0-99- ! 8 - Ai/pot-Kl,,~ase~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ~ TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I OF THE CITY CHARTER TO PROVIDE FOR EXTENSION OF THE LIMIT ON AIRPORT LEASES FROM TWENTY (20) TO THIRTY (30) YEARS; PROVIDING FOR THE MANNER IN WI{ICH SUCH ELECTION SHALL BE CONDUCTED', PROVIDING THE TIME AND PI.ACES FOR HOLDING SUCH F.,LF_IgTION; Eb'TABLI!tHING THE FORM OF THE BALLOT FOR SUCH ELECTION: A~;lh ~,~ O¥IDIN':.:~ ~',',: ;'~,~. ,\N EFFECTIVE DATE- Mayor Neuberger opened the public hearing at 7:57 p.m. and the City Attorney read the brdinance by title. There was no public input. Charter Review Committee Chairman, Nate McCollum gave a brief summation. Mayor Neuberger closed the public heating at 7:58 p.m. MOTION by Bishop/Barczyk "I'd move to approve Ordinance O-99-18." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majeher - absent MOTION CARRIED 4-0 2. Orditl3ll,e No. 0-99-1.9 - Remove Special St~s for N0tt-Confongjllg LI_~¢~_ ~xed 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 I OF THE CITY CHARTER TO DELETE SECTION 1.05 TO REMOVE SPECIAL STATUS FOR NONCONFORMING USES ANNEXED INTO THE CITY; PROVIDING FOR THE MANNER IN WHlCH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; E~TABLISHINO THE FORM OFTHE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 6 Regular City Council Meeting November 3, 1999 Page Seven DRAF"T Mayor Neuberger opened the public hearing at 7:59 p.m. and the City Attorney read the ordinance by rifle. The~e was no public input Charter Review Committee Chairman, Nate McCollum gave a brief summation. Mayor Neuberger closed the public hearing at 7:59 p.m. MOTION by Barezyk/Bames "I recommend that Ordinance 0-9%19 be approved." ROLL CALL: Mr. Barez3,k - aye Mr. Bame~ - aye Mr. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye MOTION CARRIED 4-0 3. Ordinance No. 0-99-20 - C~R~cil Terms AN ORDINANCE OF THE CITY OF S~, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE I~TeL'lrORAT~ IN ORDER TO AMEND ARTICLES II AND IV OF THE CITY CHARTER TO PROVIDE FOR CHANGING CITY COIJl~lL TERMS FROM TWO (2) YEARS TO FOUR (4) YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH ~ON SHALL BE CONDUL"TEI~, PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OFTHE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at 8:00 p.m. and the City Attorney read. the ordinance by title. There was no public input. Charter Review Committee Chairman, Nate MeCollum gave a brief summation. Mayor Neuberger closed the public hearing at 8:01 p.m. MOTION by Bames/Barzeyk "I move to approve Ordinance O-9%20." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 4-0 Regular City Council Meeting November 3, 1999 Page Eight Orclinance_~, 0-99-22 - Council Salarie~ DRAFT AN ORDINANCE OF THE ~ OI~ SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ~ TO THE ELECTORATE IN ORDER TO AMEND ARTICLE ii OF THE CITY CHARTER TO PROVIDE FOR AN INCREASE TO CITY COUNCIL SALARIF, S; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTEI), PRO~fll)lNO THE TIME AND PLACE5 FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger ope~efl the public hearing at $:01 p.m. and the City Attorney read the ordinance by title. There was n° public input. Charter Review Committee Chairman, Nate McCollum gave a brief summation. Mayor Neuberger closed the public heating at 8:02 p.m. MOTION by Bames/Barezyk "I move to approve Ordinance O-99-22." ROLL CALL: Mr. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye Mr. Barezyk - aye Mr. Barnes - aye MOTION CARRIED 4-O 5. Or~0~nce No. 0-99-~3 - Signature of DocumoaJo AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM 15SUETO THE ELF, CTORATE IN ORDER TO AMEND ARTICLES H AND HI OF THE CXTY CHARTER TO PROVIDE FOR CLARIFICATION THAT MAYOR SIGNS LEGISLATIVE DOCUMENTS AND CITY MANAGER SIGNS CON'IXACTS AND OTHER IR~;INF~ DOCUMENTS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTEI~, PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING TH~ FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN E~ DATE. Mayor Neuberger opened the public hearing at 8:03 p.m. and the City Attorney read thc ordinance by title. There was no public input. Charter Review CommiVa~ Chairman, Nate McCollum gave a brief summation. Mayor Neuberger closed the public hearing at 8:03 p.m. MOTION by Bames/Barezyk "I move to approve Ordinance 0-99-23? 8 Regular City Council Meeting November 3, 1999 Page Nine DRAFT ROLL CALL: Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk -aye -absent -aye -aye MOTION CARRIED 4-0 6. Ordinance No. Q-99-24 - FillingCouncil V~:an¢ies (a~ Revised.from ffi~st Reading) 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 A REQUIREMENT FOR SPECIAL ELECTION TO FILL COUNCIL VACANCIES OF GREATER THAN SIX MONTHS; PROVIDINO 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. Mayor Neubcrger opened the public hearing at 8:04 p.m.; and the City Attorney read the 6rdinance by tire and reviewed the revision. There was no public input. Charter Review Committee Chairman, Nate McCollum gave a brief summation. Mayor Neuberger closed the public hearing at 8:05 p.m. MOTION by Barnes/Barezyk "I move to approve Ordinance 0-99-24." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - absent MOTION CARRIED 4-0 7. Ordinance_No. 0-99-25 - Procedures for Remov._al of Cotlo_cil Members AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrNTY, 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 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, Mayor Neuberger opened the public hearing at 8:05 p.m. and the City Attorney read the ordinance by title. There was no public input. 9 Regular City Council Meeting November 3, 1999 Page Ten DRAFT Charter Review Committ~ Chairman, Nate McCollum gave a brief summation. Mayor Neuberger closed the public hearing at 8:06 p.m. MOTION by BarnesfNeuberger "I move to approve Ordinance O-99-26." ROLL CALL: bit. Barezyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye MOTION CARRIED 4-O 8. O. rclio~ce No. 0-99-26 - Calliag Special Council Meetings AN ORDINANCE OF THE crrY oF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM l~;I.~ TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR A CHANGE IN ~ MANNER OF CALLING SPECIAL MEETINGS OF COUNCIL SO ALL COUNCILMEMBERS HAVE EQUAL STANDING; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHAL! PT C~O~,T'~'TC'.'?~'~D; PROVIDING THE TIME AND ~ FOR HOLDING SUCII ELECTION; ESTABLISHING THE FORM Ol 'i lit; ~.L.'~L'.X~ i ~.Ok SUCH ELECTION; AND PROVIDIN~ FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at 8:06 p.m. and the City Attorney read the brdinance by title. There was no public input. Charter Review Committee Chairman, Nate MeCollum gave a brief summation. Mayor Neuberger closed tl~ public hearing at 8:07 p.m. MOTION by Barczyk/Bishop "I recommend that Ordinance O-99-26 be approved." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 4-0 10 Regular City Council Meeting November 3, 1999 Page Eleven DRAF 9. Qrqlinance No. O-99-27 - Establish_O~l~itte~ Guidelines by R~solution & Ordinancq 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 ALLOWING STANDING COMMI ITl aF..$ GI/ID£I 2NF~ TO BE SET UP PURSUANT TO ORDINANCE AS WELL AS RE.SOIJO~ON; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; E~ABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at 8:08 p.m. and the City Attorney read the ordinance by title. There was no public input. Charter Review Committee Chairman, Nate MeCollum gave a brief summation. Mayor Neuberger closed the public hearing at 8:08 p.m. MOTION by Barczyk/Bames "I'I1 recommend that Ordinance O-99-27 be approved." ROLL CALL: Mr. Bishop - aye Mr. Majcher ~ absent Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 4-0 10. Ordinance No. 0-99-28 - ]~moving Chm'ter Officers. Without 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 IH OF THE CITY CHARTER TO PROVIDE FOR REMOVAL OF CHARTER OFFICERS WITHOUT CAUSE IF PURSUANT TO CONTRACT; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONIRICIE~, PROVIDING THE TIME AND PLACES FOR HOLDINO SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at 8:09 p.m. and the City Attom~ read the ordinance by title. There was no public input. Charter Review Committee Chairman, Nate McCoilum gave a brief summation. Mayor Neuberger closed the public hearing at 8:I0 p.m. MOTION by Bames/Neuberger 'I move to approve Ordinance O-99-25." I1 Regular City Council Meeting November 3, 1999 Page Twelve DRAFT ROLL CALL: Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop - absent - aye - aye - aye MOTION CARRIED 4-0 11. ~linaIl~ NO, 0-99-29 - Standards to Remove Chat~x O~cers for Cause AN ORDINANCE OF THE C1TY OF SEBASTIAN, iNDiAN RIVER COUNTY, FLORID& SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM lS~Jg TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IH OF THE CITY CHARTER TO PROVIDE FOR SEWE[NO ~'TANDARD8 FOR VOTE TO CHARGE CHARTER OFFICEP~ WITH CAUSE FOR REMOVAL; PROVIDING FOR THE MANNER IN WHICH SUCH ELEC~ON SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; E,~FABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at 8:11 p.m. and the City Attorney read the ordinance by title. There was no public input. Charter Review Committee Chairman, Nate McCollum gave a brief summation. Mayor Neuberger closed the public hearing at 8:12 p.m. MOTION by Barczyk/Bames "I recommend Ordinance O-99-29 be approved." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - absent MOTION CARRIED 4-0 12. Ordinance No. 0-99-30 - Adopt M.i[lag~ Md 13udget bv Resobtion AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM I.%5~JE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE iii OF THE CITY CHARTER TO PROVIDE FOR/klX)PI'ION OF THE CITY BUIX~ET AND MILLAGE BY RF_.~OLUTION; PROVIDINO 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. Mayor Neuberger opened the public hearing at 8:12 p.m. and the City Attorney read the ordinance by title. There was no public input. 12 Regular City Council Meeting November 3, 1999 Page Thirteen DRAFT Mayor Ne~berger closed the public hearing at 8:12 p.m. MOTION by Bishop/Barezyk "I move to approve Ordinance 0-99-30." ROLL CALL: Mr. Barezyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majda:r - absent Mayor Neubetger - aye MOTION CARRIED 4-0 13. Ordinan~r No. O-9_9-3 [ - Adopt Election Filjt~gFees as Set by La~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULrNG AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO TH][ EleCTORATE IN ORDER TO AMEND ARTICLE IV OF THE crrY CHARTER TO PROVIDE FOR ADOPTING ELECTION FILING FEES P~ SET BY LAW; PROVIDINO FOR THE MANNER IN WHICH SUCH ELECHON SHALL BE CONDUC~I~, PROVflNN~ THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ~ON; AND PROVIDrNO FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at 8:14 p.m. and the City Attorney read the ordinance by title. There was no public input. Charter Review Committee Chairman, Nate McCollum gave a brief summation. Mayor Neuberger closed the public hearing at 8:14 p.m. MOTION by Barnes/Bishop "I move to approve Ordinance 0-99-31.' ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 4-0 13 Regular City Council Meeting November 3, 1999 Page Fourteen DRAFT 14. Ordinall~:~ No. 0-99-32 - include City Attom, ey_as Can¥~sing Board Member AN ORDINANCE OF THE CITY OF SERASTIAN, 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 FOR INCLUDING TI~ CrI'Y ATTORNEY AS A MEMBER OF THE CITY CANVASSING BOARD; PROViDING THE TIME AND PLACES FOR HOLDING ~UCH ELECTION; ESTABLISHII~G THE; FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN E~ DATE. Mayor Neuberger'opened th~ public hearing at 8:15 p.m. and the City Attorney read the ordinance by title. There was no public input. Charter Review Committ~ Chairman, Nato McCollum gave a brief summation. Mayor Ncubcrger closed the public hearing at 8:15 p.m. MOTION by Barnes/Neuberger "I move to approve Ordinance 0-99-32." ROLL CALL: Mr. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 4-0 15. Ordinance No. 0-99-33 - Ran-off to Decide Election Ties 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 FOR A RUN-OFF TO DECiDE TIES FOR COUNCIL ELECTIONS INSTEAD OF DRAWING LOTS; PROVIDiNG FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELEC~ON; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELF, C~ON; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at 8:16 p.m. and the City Attorney read the ordinance by' tide. There was no public input. Charter Review Committe~ Chairman, Nate McCollum gave a brief summation. Mayor Neuberger closed the public hearing at 8:16 p.m. 14 Regular City Council Meeting November 3, 1999 Page Fifteen DRAFT MOTION by Bishop/Neuberger "I move to approve Ordinance 0-99-33." ROLL CALL: Mr. Majsher - absent Mayor Neuberger - aye Mr. Barezyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-0 16. Orditlallqe No. 0-99-34 - Violation (~f,~tat~ l~ction Code 13itfis£or Disqualification (as Revised from First Rea~'Rg) AN ORDINANCE OF THE CITY OF SEBA.VI'IAN, 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 FOR VIOLATION OF STATE ELECTION CODE AS A BASIS FOR DISQUALIFICATION AND PROVIDING PROCEDURES FOR SUCH ACTION; PROVIDING FOR Ti~ 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 ~ON; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at 8:17 p.m. and the City Attommy read the ordiaance by tire. There was no public input . Charter Review Committee Chairman, Nate McCollum gave a brief summation. City Attorney noted revision f~om first reading which adds a specific reference to Chapter 104, F.S. Mayor Neuberger closed the public hearing at 8:17 p.m. MOTION by Barnes/Bishop "I move to approve Ordinance O-99-34." ROLL CALL: Mayor Neuberger - aye Mr. Bm'ezyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - absent MOTION CARRIED 4-0 15 Regular City Council Meeting November 3, I999 Page Sixteen DRAFT 17. Ordinance No. 0-99..35 - Appointing Interim Government AN ORDINANCE OF THE ClTT O~ 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 ATrORNEY SHALL SUCCEED THE CITY CLERK IN APPOINTING INTERIM (K)~, RATHER ~ THE MAYOR AND POLICE CHIEF MAKING SUCH APPOINTMENTS; PROVIDING FOR THE MANNE~ 1~ WHICH :SUCH ~OH b~-IALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH FI, EI2TIOI~, EItTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opeaed ~ public hearing at 8:18 p.m. and the City Attorney read the ordinance by title. There was no public ~put Charter Review Committee Chairman, Nate McCoilum gave a brief summation. Mayor Neuberger closed the public hearing at 8:18 p.m. MOTION by Bishop/Neuberger "I move to approve Ordinance No. 0-99-35." ROLL CALL: Mr. Barezyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye MOTION CARRIED 4-O 18. Ord~lw~ No. 0-99-36 -.~leting Obsolete Provisions AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM IS~{U~ TO THE ELECTORATE IN ORDER TO AMEND ARTICLE VI OF THE CITY CHARTER TO DELETE OBSOLE]~ PROVISIONS FOR TRANSITION TO CURllENT CHARTER; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTEIY, PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OFTHE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at 8:19 p.m. and the City Attorney read the ordinance by title. There was no public input. Charter Review Committee Chairman, Nate McCollum gave a brief summation. Mayor Neuberger closed the public hearing at 8:19 p.m. MOTION by Barnes/Bishop "I move to approve Ordinance 0.99-36." 16 Regular City Council Meeting November 3, 1999 Page Seventeen DRAFT ROLL CALL: Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk -aye -aye - absent -aye -aye MOTION CAR.R/ED 4-0 It was noted that there will be final meeting of the Charter Review Committee next week in accordance with the City Charter. Discussion took place on adding language to the questions to alleviate confusion on the public's part as to whether language is new or simply cleanup, however, the City Attorney advised that using subjective language on the ballot may not be a good idea. 13. INTRODUCTION OF NEW BU~$!NESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six montl~ which is not otherwise on the agenda - Mgn-up required - limit often minut,,, for each speaker Herbert Sturm, Saunders Street, Sebastian, requested a response to his complaint filed September 22, 1999. Joseph Balogh, Sebastian Highlands residential committee, commended the City Council for its a~tion on paving and drainage. He also stated he had obtained additional signatures opposing the location of a skateboard park which he will provide to City Hall. TAPE 11- SiDE I (8:32 p.m.) The City Manager said he had always stated this was a conceptual site plan and that he would look at other options. Mi'. Balogh continued his presentation stating his group was not against skateboarding, but are in opposition to the location within the residential district. Byron Elsebough, Sebastian, questioned what the group had been told at meetings relative to the skateboard site. John Massung, Fairfield, Sebastian, said he was unaware the site was part of the sports complex, questioned why he had never received a letter as an adjacent property owner about the site, noted there are gopher tortoise on the site, and questioned hours, charges and presence of attendants. Mayor Neuberger asked that it be documented by staff when this site was first proposed. 17 Regular City Council Meeting November 3, 1999 Page Eighteen DRAFT 9~196 14. 15. Leonard Bassi, Browning Terrace, Sebastian, mferr~ to documents relative to his complaints against the City involving the eonstmcfion of his house in 1986. Gertrude Doggeth Albatross, Sebastian, objected to the proposed location for the skateboard park. COMMITlqgE REPORTS/RECOMMENDATIONS Harry Thomas, Balboa Street, Sebastian, reported further on the Metxopolitan Planning Organization (MPO) meeting relative to the crossovers report, urging Council to request the MPO to mm down the proposal and to support widening of Roseland Road. Mayor Neuberger called recess at 9:05 p.m. and reeonvened the meeting at 9:20 p.m. All members noted at roll call were present. OLD BUSINESS A. Holiday LightingAlo~ Rive~ont_- 64~prollriate~Additional $2290 for O~k Sales Di~l~la.Y, ~c. (l%rehasingTranr~aittal 10/2~d~_9] The City Manager and Finance Director gave a brief presentation. MOTION by Barczyl4Bames "I move that we approve the action to purchase the lamps for the display along the River using Clark Displays, Inc. and appropriate the additional $2,290 to fund this projeet." ROLL CALL: Mr. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 4-0 18 DRAFT Regular City Council Meeting November 3, 1999 Page Nineteen 16. NEW BUSINESS 9~209 A. Purchase of RepJagement Police Vehicles - Six ~ Crow~ Victoria l~llrsuit Patrol Cars Pursuant to Florida Sheriffs As,~to¢il~i0ll/Flori~ fi~iation of' Countie~ Statewide Bid, #99-07- 11913 :Specification # 1 - Dural Ford- Jacksonfilla- $22,403 Each for a Total ~f $_134,418 (Police Dept. Trammittal 1 IZ;~/9~. purchase Requisifioa, State Bid Spec D The City Manager and Police Chief addressed City Council on this item. In response to Mayor Neuberger, the Chief said Ire extended warranties will be purchased next September and will come out of the difference ia badgeted and expenditure amounts. MOTION by Barnes/Bishop ."I'11 make a motion to accept thc purcha~ of thc replacement police vehicles, six 2000 Crown Vies pursuit pa~ol cars, according to the Counties bid #99-07-0913 Specification ~. 1, Duval Ford, Jacksonville." TAPE II- SIDE II (9:32 p.m.) Dedication of the fund savings to the extended warranties was added to the motion. ROLL CALL: Mr. Majcher - absent Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-0 99.210 B. C_~netery Rider MQwer Purchase - Pigg~b. ock Yam Beach Bid in the 3~nount of $64~0 from Vero Lawnmower Ccnl~ (Public Works Transmittal 10/27/99, Bid Propo~aD The City Manager and Public Works Director addressed City Council on this item. MOTION by Bishop/Barnes "I move to approve the purchase of Sceg Turf Tiger based on the piggyback bid from Vero Beach in the amount of $6450." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - ave Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - absent MOTION CARRIED 4-0 19 Regular City Council Meeting November 3, 1999 Page Twenty 99.211 C. 99.212 D. TyI~.~-_,3 Asphalt Patching Material Bid Award- Dickersor~ Florida, Inc. - $?,5.50 Per Ton on As Needed Basis (Public Works Transmittal 10/27/99. Bid Proposal) The City Attorney and Public Works Direetor addressed City Council on this item. MOTION by Bishop/Barnes "I move to award to Diekerson Florida Inc. the contract for the S-3 asphalt at $25.50 per ton on as needed basis." ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye MO~ONCARRiED4-0 Resolution No. R-99-51 - Investment Policy (Finance Dirgtor Transmittal 10/26/99, R-99-51 w/Attachment 1) A RF3OLUT1ON OF THE CITY OF SEB~, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN INVESTMENT POLICY PURSUANT TO CITY CODE SECTION 2-111 A~ AMENDED. The Finance Director reviewed the proposed police. The City Attorney read Resolution No. R-99-51 by title. MOTION by Barczyk/Bames "I'd like to recommend we move to adopt Resolution R-99-51 adopting an investment policy pumuant to City Code Se,tion 2-111." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye Mr. Barezyk - aye MOTION CARRIED 4-0 2O I I I I I I I I I I I I I I I I I I I Regular City Council Meeting November 3, 1999 Page Twenty-One 99.215 E. 99.105 '~ F. DRAFT Resolution No, R-99-52 - Designate M~rtin ~ King Bir01glay as City Holiday (CiW_Manager Transmi~ 10/28/99, R-99-52, Humml R~nma~ Me~o. CiW Mattager M~mo) A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN RECOGNIZING DR. MARTRq LLrI"HER KING _IR. BIRTHDAY Ag AN OFFICIAL HOLIDAY. The City Manager and Police Chief addressed City Council on this item. The City Attorney read Resolution No. R-99-52 by title. MOTION by Bishop/Barnes "I move to adopt Resolution R-99-52, reeognizing Dr. Martin Luther King, Jr. birthday as an official holiday." ROLL CALL: M_r. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 4-0 Interlocal Agreement Between Indian giver£oun~ ~d Ciw of Sebastian for the !h~ose of ~urchasing Property to Expand Rivervj~-w Park (City Manager Transmittal i 0/27/99, Intcrl~L The City Manager addressed City Council on this item. He said he was looking at DeCember 3, 1999 for closing, that an environmental assessment has been done, and that improvement plans will be brought to Council. ' MOTION by BamerdNeuberger 'Tll move to approve the interlocal agn:ement between Indian River County and the City of Sebastian for the purpose of purchasing property to expand Riverview Park." ROLL CALL: Mr. Majcher - absent Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bame~ - aye Mr. Bishop - aye MOTION CARRIED 4-0 21 Regular City Council Meeting November 3, 1999 Page Twenty-Two DRAFT 99.214 G. 99.215 H. Agreement BeB3,een OneSourc~ Landscai~ and Golf Services. Inc. and City of Sebastian (City Managm: Tr~-mitta[ 10/27199, Agretmgn0 Mr. Barnes noted a typo on the Agronomic Specifications - change labor to laboratory. The Golf Course Director addressed City Council on this item. MOTION by Bishop/Barnes "I move to approve the agreement between One Source Landscape and Golf Services, Inc. retro to October 1, 1999." ROLL CALL: Mayor Neuberger - aye Mr. Barezyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - absent MOTION CARRIED 4-0 Propo~.ed Ordinance No. O-99-37 - Controlled Burning - First Reading - $C~; t)I1~1.¢ Hearing fbi' [2/1/99 (Cit~ Attorney Traa~inittai 10/28/99, 0-99-37) .. AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 42.4g CONTROL OF O~EN BIJRNINCr, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABHATY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-99-37 by title and explained its purpose. ' MOTION by Bishop/Neuberger "I move to approve Ordinance O-99-37 on fa'st reading, set public heating for December 1, 1999." ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - absent Mayor Neuberger - aye MOTION CARRIED 4-0 22 Regular City Council Meeting November 3, 1999 Page Twenty-Three DRAFT 99.216 I. Discussion- Thr~ql~h T_r~cks on City Streets 0~d Damage to ~tY Streets by Truc~ - ,a~.~equeste4 ~tt 10/27/99 Rggu]~' Meeting by Mr. Barnes (N(~ ]3~Ck-Up) Mr. Barnes expressed the need to establish no through streets within the City due to truck damage. The City Attorney advised it would take some homework looking at routes, and coordination with Indian River County. He discussed utilizing weight scales. Chief White cited the high cost of scales. TAPE III- $IDE I (IO.'IS p. m.) The City Attorney said relative to construction damage, the City could withhold a certificate of occupancy or require a bond up front. The City Manager said staff will bring back a recommendation. 17. Being no further business, Mayor Neuberger adjourned the Regular Meeting at 10:28 p.m. Approved at the ,1999, Regular City Council Meeting. Chuck Neuberger Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 23 City of Sebastian 1225 Main Street Sebastian, FloHd~ 32958 Telephone (561) 589-5330 FAX (561) 589-5570 Subject: Request for Christmas Party During Agenda No. Regular Thursday Night Bridge Meeting at Yacht Club ^ ' : ' Exhibits: Application Dated 11/5/99 ::, Expenditure Required: Amount Budgeted: Department Origin: City Clerk Date Submitted: 11/5/99 . For Agenda of: 11/17/99 Appropriation Required: SUMMARY STATEMENT An application has been received from James Schmitz representing the Thursday Night Bridge Group. They are requesting permission to have a small Christmas Party during their regular Thursday Night Bridge Meeting on Thursday, December 9, 1999 from 6:30 PM to 10:30 PM. They are asking permission to serve alcohol at this event. Historically this event has been approved for the past four years. RECOMMENDED ACTION Consider the request and act accordingly. i i RENTAL PERMIT APPLICATION ! PHONE · ~//~5 ~IUNO ADDREm: ~~~ City ANTIClPA~D NUMB~ OF P~80~ A~DING ~: ~ - ~ REQUES~D DA~ ~~/~ ~M~ Fmm:~,'~o:~,~~' ~ ~ OfficeUSeonly $ FEE 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 ALCOHOUC BEVERAGES BE SERVED? Total ....... Tax Total ........ (a) If answer to ~5 is Yes, Permittee's proof of Age:. 00) If alcohol is to be served, permission is required by C~ Coundl. Your request will be presented to council on: ~'~~ /~ /?*~'..~ Make checks payable to City of Sebastian (A service fee of 5% er $10.00, whichever is greater, maybe charged for a dishonored check per City Resolution No. R-!~-41) " SECURITY DEPOSIT ........ RENT ........................... 7% TAX ........................... $250.00 OFFICE USE ONLY DATE PAID RECEIPT NO. INITIALS APPROVED ALCOHOL BEVERAGE REQUEST Police Department Agreement Verified (if applicable) Date Key Pickup Date: Key Returned Date: SECURITY DEPOSIT RETURNED BY CITY CHECk< # FOR $ [] DISAPPROVED CN: COMMENTS: City of Sebaa'tian, Florida Subject: Resolution R 99-54 Agenda No. Department Or/gin: City Manager Asst. To City Mgr./Purchasing Date Submitted: 11/1099 ForAgenda off 11/17/99 Exhibits: Resolution R-99-54 EXPENDITURE REQUIRED: 3aMOUNT BUDGETED: [ APPROPRIATION l REQUIRED: SUMMARY In an effort to protect natural resources, the City hereby supports the efforts of the Pehcan Island Elementary ECO troop to acquire and preserve scrub jay habitat by proposing Resolution R-99-54. ":' RECOMMENDED ACTION Move to adopt Resolution R-99-54 supporting the efforts of the Pelican .Island Elementary ECO Troop to acquire and preserve scrub jay habitat. RESOLI. YrlON NO. R-99-54 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE EFFORTS OF THE PELICAN ISLAND ELEMENTARY ECO TROOP TO ACQUIRE AND PRESERVE. SCRUB JAY HABITAT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, on October 27, 1999, the ECO Troop of Pelican Island Elementary School presented to the City Council its proposed project to acquire and preserve scrub jay habitat in the area around the school; and WHEREAS, Stephanie Holdridge, Jacolyn Brown, Karenee Grier, Richelle Henf, Rachel Armour, and the supporting Troop members inspired the Council with their deep sense of duty and devotion to protecting the natural resources so precious to our City as a ~ to the new millennium for their own children and the children to follow; and WHEREAS, the Troop seeks the support of the City in this noble undertaking; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. SUPPORT AND APPROVAL. The City Council hereby gives the ECO Troop its full support and approval as it pursues this laudable project for the good of our City, its present and furore citizens, and the wondrous creatures with which we share this blessed land. I I I I I I I I I I I I i i i I I I I Section 2. DIRECTION TO STAFF. The City Manager is hereby directed to make the resources of the City available in assisting the ECO Troop with information and advice in pursuit of its project. Section 3. CONFLICTS. All resolutions or pans of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Councilmember · The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 17th day of November, 1999. CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn Mt O'Halloran, CMC/AAE City Clerk By: Chuck Neuberger, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Subject: Planning &~ ~/e~r Subzm~ttal by:~ City of Sebastian 1225 Main ~ ~ebastian, Flori~ 52958 Telephone (561) 589-55~0 FAX (561) 58~0 ~mmission tManag~ ~t Origin: City Cler~ D~S~bmitted: 1 I/3/99 F~ Age~da of: 11/17/99 Exhibits: One application, memo, board member list, admtiseamnt Expenditure Required:] Amount Budgt~t Appropriation Required: ~U~dVhtRy The Planning and Zoning Commission has a regular member position open due to the term expiration of Kelly Mather who has decided not to seek reappointmcnl; Ills position was advertised as required and no new applications were received. The application of Wilbur O'Donnell has been on file in the City' Clerk's office and he would like to be considered for the vacant r~gular member position. RgCOMM£NDII> &Ct'JQI~! Interview applicant, Wilbur J. O'Donnell, unless waived by Council, and appoint as follows: 1. Regular member position of Kelly Mather - term to cxp~ 11/2/2002 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [3 FAX (561) 589-5570 MEMORANDUM TO: FROM: THROUGH: SUBJECT: DATE: City Council Members Joanne Sandberg Secreta~' - City Clerk's Office Kathryn O'Halloran City Clerk Planning and Zoning Commission November 2, 1999 The regular member position of Kelly Mather on the Planning and Zoning Commission expired November 1, 1999 and he has decided not to seek reappointment. This position was advertised as required and no new applications were received. The application of Wilbur J. O'Donnell has been on file in our office since he applied in June, 1999 for various boards. He was interviewed in September, 1999 for Code Enforcement but was not appointed. He was contacted regarding the Planning and Zoning Commission opening and stated he would like to be considered for this regular member position. KO:is attachment memo jo HOM~ ADDRESS: HOME PHONE: BUSINESS: BUSINESS ADDRESS: HOME FAX: E-MAIL: BUSINESS PHONE: BUSINESS FAX: ARE YOU A REGISTERED VOTEK? HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFiCE~ VOTER REG. NO. DO YOU PRF_,SElqTLY SERVE ON ANY OTHER OTY BOARD OR COMMITTEE.'? wrncH so,,a s co 'rr ? PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE wrrH FIRST CHOICE BEING # 1: SOAR~ OF AD'US~ CHARTER REVIEW COMMITTEE (s~rv~s only 6 months every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITrEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD OTHER TEMPORARY COMM1TFEE (WRITE ~ COMMITTEE NANtE) IST ~ ~D~ON~ Q~CA~0NS TO S~ ON BO~ OR CO~E: ~ YOU ~ B~ C0~C~ OF ~ ~0~ ~ ~ OR ~ STA~? " ~ YOU ~ B~ CO~D 0F ~ ~DE~OK ~OL~G MO~ ~I~E ~ ~S OK~ STA~? WO~D YOU CONS~ S~G ON A BO~ O~ ~ ~ O~(S) S~EC~ ~0~? I have been pruvid~ with, m~l and und~sta~ City of Sebastian C. od~ of Ordinanc~ Sections 2-166 ~u~ 2-173 (~h~. ~o~on ~y~ m a ~c ~ ~ ~~ h ~e ~~ . ~ " ~ ~ ~:~,. ~~ - X~-fomhpplim~ rev. ~/5/99 BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 4/1/99 AND WILL BE REVISED AT THE BEGI3FNING OF EACH MONTH PLANNING & ZONING COMMISsiON 3 YEAR TER1~ ~ 1ST AND 3RD THURSDAY OF ~.AC~ MONTI-I - 7:t10 P.M. SCOTT D. MATHIS 761 WENTWORTH STREET SEBASTIAN, FLORIDA 32958 . 589-2205 APPOINTED TO REGUI3~ ME1VtBER POSITION VACATED BY HERBERT MI~SART: 11/18/98 TERM TO EXHP~E; 11/1/2001 (Currently no full term and 1st regular member year) GEORGE GERHO~ 544 CONCHA DRIVE SEBASTIAN, FLORIDA 32958 589-2079 APPoi~rI~ TO REGULAR MEMBER ~IRED TERM VACATED BY HARRY THOMAS: 2/24/1999 TERM TO I~tPIRE: 6/1/2000 (No full term - 1st m-gular member year) JOSEPH W. SCHULKE 59 BLUE ISLAND STREET SEBASTIAN, FLORIDA 32958 "~..581-0793 569-$505 (WORK) APPOINTED TO UNEXP~D TERM OF 2ND ALTERNATE: 11/93 TERM TO EXPIRE: 1/96 APPOINTI~ TO IST ALTERNATE VACATED BY MUNSART TERM TO RXPIR~: 11/95 APPOIN'rED PEG MEMBER :6/95 : TtiRM TO EXPIRE: 6/9~ APPOINTED REG~ MEIVtBER: 6/'98 TERM TO EXPII~: 6/2001 (2ND FULL TERM - 4TH REGULAR MEMBER YEAR) JEAN ANTM Y R) 1742 STARFISH LANE SEBASTIAN, FL 32958 589-3516 (2nd full ten - 4th regular member year) AP?OINTED TO UNEXP. ALTERaNATE POSITION VACATED BY SCHULKE TERM TO EXPIRE: 1196 A POtNT TO MEMBER POS1TION VACATED BY HOWARD GOLDSTEIN: I 1/95 TERM TO EXPl~: 4/% REAPPOINTED TO REGULAR MEMBER POSITION: 5196 TERM ?O EXPIRE: 4/99 REAP?O TO ~ER POSITION: 4/14/99 TERM TO KXPIRE: 4/2002 87 ROBERT J. PLISKA, SR. 1590 DEWITT LANE SEBASTIAN, FLORIDA 32958 589-7799 (2nd full term-4th Rngular Member Year) ?33 N.~s...C~.X mc~ ~ SEBA$~FLORIDA 32958 ~ 589-6287 ~ CHARLES C. BARRETt, Jl~ 357 TUNISON LANE SEBASTIAN, FLORIDA 32958 589-7755 (1ST FULL TERM- IST REGULAR MEMBER YEAR) WILLIAM MAHONEY 207 DELAWARE AYENUE SEBASTIAN, FLORIDA 32958 589-824 (Alternate terms and y~ars not counted) APPOINTED TO UNEXPIRED POSITION TO REPLACE JEAN BRANTMEYER: 11/95 TERM TO EXPIRE: 1/96 APPOiiffED TO REGULAR MEMBER POSITION: 3/13/96 TERM TO EXPIRE: 2/99 REAPPOINTED TO REGIJI.AK MEMBER PosrrloN: 2/24/99 TERM TO EXP~: 2/2002 APPOINTED TO ~IRED REGULAR MEMBER POSITION VACATED BY W. BARNES: 3/13/96 TERM TO EXPIRE: 11/96 REAPPOINTED TO REGULAR MEMBER POSITION: 11/20/96 TERM TO EXPIRE: 11/1/99 APPOINTED UNEXI~IP, ED KEGULAK MEMBER POSITION VACATED BY CARL FISCHER: 1/27/99 TERM TO EXPIRE: 5/1999 REAPPOINTED TO REGULAR. MEMBER POSITION: 4/24/99 TERM TO EXPIRE: 5/2002 APPOINTED TO ALTERNATE MEMBER POSITION VACATED BY SHIRLEY ~Y: 11/18/98 TERM TO EXPIPd~: 11/1/2001 WILLIAM EVELY 1426 BARBER STREET SEBASTIAN, FLORIDA 32958 581-0972 APPOINTED TO ALTERNATE MEMBER POSITION VACATED BY KEVIN MAONR~IAM: 1/27/99 TERM TO EXPIRE: 1/2002 (Altemate terms and y~am not counted) STAFF LIAISON - GROWTH MANAGEMENT DIRECTOR BOARD SECRETARY . DORRI BOSWORTH 88 I i I I I I I I I I I i I I I I City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 OCTOBER 21, 1999 PRESS RELEASE PLANNING AND ZONING COMMISSION THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL A REGULAR MEMBER POSITION ON THE PLANNING AND ZONING COMMISSION FOR A TI-IREE YEAR TERM. THIS COMMISSION MEETS THE FIRST AND ~ THURSDAY OF EACH MONTH AT 7:00 P.M. QUALIYICATIONS: RESIDENT OF TItE CITY OF SEBASTIAN APPLICATiONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 A.M. AND 4:30 p.M. AND WILL BE ACCEPTED TI-IKOUG"I-I FRIDAY, OCTOBER 29, 1999. 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: State of Florida Local Law Enforcement Block Grant Project : 517 Exhibite: Department Origin : Police Date Submitted : 11/3/99 For.N:jeada of ://////~? ~' III I I II II I1~111 II DCA notice of grant to Mayor dated 10/15/99 of grant availability Expenditure Required: Amount Budgel~d: Appropriation F~quired: None None None SUMMARY STATEMENT A Local Law Enforcement Block Grant (LLEBG) for $8,423 is being offered to our city through the State's Department of Community Affairs. Such grants .must be used for law enforcement related purposes. A 10% local cash match is required. Matching funds will be appropriated from the police department's Fines and Forfeiture Expendable Trust Fund Account, which has a current balance of approximately $3,260. These grants are a valuable resource because they save local governments considerable tax dollars. They also provide police agencies additional equipment and capabilities at essentially one-tenth (1/10) of the normal acquisition cost. RECOMMENDED ACTION Authorize the City Manager and the Police Department to apply for this $8,423 Local Law Enforcement Block Grant. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS I "Helping Floridians create safe, vibrant, sustainable communities" October 15, 1999 ST~VEN M. SEtBE,T Secretary ]EB BUSH Governor The Honorable Ruth Sullivan Mayor of Sebastian 1225 Main Street Sebastian, Florida 32958 i I Dear Mayor Sullivan: The State of Florida is scheduled to receive an award of federal Local Law Enforcement Block Grants Program fund's for State Fiscal Year 1998/1999 totaling $586,261. In accordance with the provisions of the Omnibus Appropriations Act of 1996 (Public Law 104-134), the Department of Community Affairs, Bureau of Community Assistance, has allocated $8,423 of these funds for use by the City of Sebastian, contingent upon the receipt of those funds from the federal government. The amount of the allocation is based on locally-reported Part l crime statistics and is contingent upon a 10 percent cash match of the total project amount by the local government. Funds will be disbursed up-front to the recipient in one lump sum. In the event i('becomes necessary to revise this allocation, you will be notified immediately. Allocations may be used for one or more Program Purpose Areas specifically defined in the application kit. Eligible activities include law enforcement support (hiring,- overtime and equipment), crime prevention, enhancing security measures, establishing drug courts, enhancing adjudication, developing multi-jurisdictional task forces, and defraying indemnification insurance costs. I i I i I I I To apply for funds, please complete the enclosed application and return it as soon as possible, but not postmarked later than December 15, 1999, to Mr. Clayton H. Wilder, Community Program Administrator, at the following address: Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ~~reOa~ 2S55 SH UMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-078I Interne[ address: http://www,state,fl,us/comaff/ IOA KEYS C~EEN SWAMP o[ Crtt~=[ ~tate Cancern FieJd Office Area of Crilic=l Sfale Concern Field Glfice 2796 OverSea~ Highway, Suite Z l 2 ~05 East ~in Strut, Suite 104 ,~a~athon, Flodd~ 3305~2227 Banaw, Florida 33B3~641 I I i I I I October 15, 1999 Page Two If the application is postmarked later than December 15, '1999, the applicant will not be eligible for funding. If you are working in a Windows environment and use WordPerfect 6.1 for Windows, you may obtain an electronic copy of the enclosed application package and required forms on diskette, by returning the enclosed form to Mr. Robert Lakin, Planning Manager, at the address listed above. You will need to forward a blank diskette along with your request. An electronic copy may also be accessed via the Internet at: www.dca.state.fl.us/fhcd/programs/llebgp/subgrant/ We look forward to working with you. If you have any questions or if we can provide you with any assistance, please contact Mr. Clayton H. Wilder, Community .' Program Administrator, or Mr. Robert Lakin, Planning Manager, at 850/488-8016. Lena A. Price, Chief Bureau of Community Assistance LAPICWImb cc: Project Directors RESOLUTION NO. 1999/ A RESOLUTION OF THE crrY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE STATE OF FLORIDA LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM WHEREAS, the Unites States Department of Justice provides funding opportunities to both state and local governments to finance ancillary police oriented expenses; WHEREAS, the City has been advised by the State of Florida Department of Community Affairs of the availability of funds under this program and is desirous of expanding its police operations; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CIT OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION 1. The City Manager or his designee is hereby authorized to apply for funding from the State of Florida Local Law Enforcement Block Grant Program, to help offset expenses associated with ancillary police equipment and supplies. SECTION 2. That this Resolution shall become effective upon adoption. ADOPTED THIS Iax DAY OF DECEMBER, 1999 Chuck Neuberger, Mayor ATTEST: KAY O'HALLORAN, CITY CLERK APPROVED AS TO FORM AND LEGALITY: RICH STRINGER. CITY ATTORNEY i i I I I I I I I i i I I I I I I I I ! City of Seba.stian, Florida Subject: Bid Award, Elkcam Waterway Control Structure Appro. ved for Subgtitlal by: ( T~grr~ce M o o r ~/~i~/M, arn/a~ge r Agenda No. ~7~-~q0 Department Origin:^ Engineering . . · Finance: ~ Procurement: ~_~~~ Date Snb~ed: 10/20/1999 For Agenda of: 11/17/99 Exhibits: Bid Tabulation EXPENDITURE REQUIRED: $192,000 BUDGET AVAILABLE: $1,128,884 APPROPRIATION REQUIRED: SUMMARY Competitive sealed bids were received for the replacement of Elkcam Waterway Control Structure. Four bids were received: Mun-ay Logan Construction, Inc., Remcon Development Corp., Murphy Construction Co., and CEM Enterprises, Inc. The lowest bidder is Murray,Logan Construction, Inc. from West Palm Beach for $192,000. This firm has been in business for over 30 years and comes well recommended from the South Florida Water Management District where they have constructed several similar projects over the last 10 years. This project is partially funded fi.om a grant from the Florida Department of Environmental Protection. RECOMMENDED ACTION Move to award a contract to Murray Logan Construction, Inc. for the replacement of Elkcam Waterway Control Structure for $192,000. i City of Sebasi! n, Florida Subject: Proposed Change Order to Main Street Pier Repair to includeYacht Club Pier Repairs A~pprove~for Su~/~ Agenda No. ~q-/q~"' Department .Origin: ~ngineeI~ing/Finan~c.e Date Submitted: 11/10/1999 For Agenda of: 11/17/1999 Exhibits: EXPENDITURE REQUIRED: $47,391 AMOUNT BUDGETED: APPROPRIATION REQUIRED: $62,000 SUMMARY The Yacht Club Pier and Finger Piers were destroyed in Hurricane Floyd and Irene. The Finger Piers were repaired under emergency order fi.om thc City Manager. The proposed reconstruction of the pier includes raising the elevation of the pier 18" fi.om the original design and to lap and through-bolt the stringers to the pilings. Summerlins Seven Seas, Inc. is the intended contractor to repair the Yacht Club Pier because they were the low-bid contractor for the Main Street Pier Repair that was awarded at the 10/13/99 Council Meeting. This action is recommended for expediency and economics. The quoted price to repair the Yacht Club Pier is consistent with the bid for the Main Street Pier, with the exception that the Yacht Club Pier requires lighting and an elevation change. The contractor has quoted a price of $38,016 for the Yacht Club Pier Repair, $5,000 to raise the elevation 18", and $4,375 to replace the electrical and lights for a total bid proposal of $47,391. Because this is an emergency repair, a budget appropriation is required. The budget appropriation includes the following items: Pier Replacement Finger Pier Replacement Finger Pier Repair (Floyd) Engineering Total $47,391 $10,000 $3,500 $1.020 $61,911 All of the expenses incurred from the Hurricanes are eligible for reimbursement from FEIMA. I RECOMMENDED ACTION Move to approve a change order to Summcrlins Seven Seas, Inc. for $47,391 to repair the Yacht Club Pier and appropriate $(~2,000 for the project. SEBASTIAN POLICE DEPARTMENT 1201 Main Street Sebastian, Florida 32958 Telephone 561/589-5233 FAX 561/589-2207 (24 hr) - FAX 561/388-1782 (Admin.) SUBJECT: Replacement Unmarked Vehicle forSub~ ~ ~ ~- / Agenda No. Deparlment Origin Date Submitted For Agenda of llll II II II I I I I I I I II Exhibits: Copy of Purchase Requisition and FSAJFAC Statewide Bid # 99-07-0913, Specification # 4 Expenditure Required: Amount Budgeted: Appropriation Required: : Police : 1115/99 I $15,070. $16,477. -0-. SUMMARY STATEMENT This is a replacement vehicle for PD # 1, an unmarked '93 Caprice with nearly 100,000 miles, used. in the Detective Division. Funds for this replacement were approved in the FY 99/2000 police budget. Price quotes are from Florida Sheriff's Association/Florida Association of Counties statewide bid for year 2000 new vehicles; copies of specifications and bid quotes are attached. The actual cost of this replacement vehicle, including the extended warranty at $870, is $537 under the projected cost appropriated in the budget. This new model year 2000 Ford Taurus will be equipped as specified in Specification # 4 of the FSA/FAC statewide bid (copy attached). In addition to the standard equipment included in the bid spec, this vehicle, as priced, also includes cruise control. The vendor for this vehicle per the bid is Don Reid Ford, Inc. of Maitland, FL. NOTE: Extended 5yr/'/5,000 mile base factory warranty {~ $870. will be purchased for this vehicle later in this budget year. RECOMMENDED ACTION Authorize the City Manager to purchase a 2000 Ford Taurus sedan, as specified and equipped in the attached documentation for $15,070., pursuant to the pdces, terms and conditions of FSA/FCA statewide bid # 99-07-0913. I City of Sebastian, Florida Subject: Piggy Back - Micro-Surfacing from Florida Highway Products f~p p rov~ f. or Sub~: ' ., ,, o Agenda No. Department Orig!n: Engineering Dept Head: ~{r~' ~ ~-<~. Finance Dept: Procurement: Exhibits: For Agenda of: 11/17/99 EXPENDITURE REQUIRED: $110,000 REMAINING BUDGET: $687,046.33 APPROPRIATION REQUIRED: N/A SUMMARY The paving program includes different types of pavement overlays and reconstruction techniques in an effort to get the most mileage out the programmed dollars. Micro-surfacing is a technique that adds structure to the mad in a very thin layer. This treatment would only be effective for roads that are not patched or potholed and are in fair condition. It is less expensive than asphaltic concrete and will add years to the life of the road. The City has a number of fair roads that are eligible for this pavement treatment that otherwise would not be paved. The City of Vero Beach recently awarded a contract for Micro-surfacing that the City of Sebastian may take advantage of. It is, therefore, recommended that a piggy-back purchase with Florida Highway Products for Micro-surfacing be granted up to $110,000. This action will allow micro-surfacing up to 6 miles of streets or approximately 80,000 square yard at a rate of $1.35 per square yard. RECOMMENDED ACTION Move to authorize the purchase of Micro-Surfacing from Florida Highway Products, Inc. a the rate of $1.35 per square yard up to $110,000. October 21, 1999 Florida Highway Products, Inc. P.O. Box 928 · Barrow, FL 33831 3900 US Highway 17 N. · Bartow, FL 33830 (941) 533-7881 · FAX: (941) 533-4404 Mr. Scott Derrick Engineering Department City of Sebastian 1225 main Street Sebastian, FL 32958 Dear Scott: As a follow up to our telephone conversations, I am forwarding a copy of our contract with the.' City of Vero Beach. Florida Highway Products, Inc. is pleased to extend the terms, conditions and prices of this contract to the City of Sebastian. The prices are: · $1.35 per square yard for a single application which is 18 to 22 pounds. · $1.85 per square yard for a double application which is 30 to 32 pounds. · $1.25 per ton for mt fill and profile. Florida Highway Products, Inc. also agrees to edge and herbicide the roadways at no additional charge. We look forward to working with the City of Sebastian. Please let me know when you would like to schedule the ~ork. / Since~, i// / . Vice President i I City of Sebastian, Florida I Subject: Resolution ~ 99-53 Age, da No. Grant Application with SJ'RWMD for I Stormwater Master Plan Department Origin: E~ngineering App~r,{ed fo}~Submi~ ~ - I T er~n~fire,~ty M~~t/~ ~ / ///// 7 Date Submitted : 11/8/99 Exhibits: Resolution R-99-53 EXPENDITURE REQUIRED: N/A REMAINING BUDGET: N/A APPROPRIATION REQUIRED: N/A SUMMARY This Resolution is demonstrating public support for the Stormwater Management Master Plan Grant Application with St. Johns River Water Management District. The current stormwater master plan completed in 1997 was predicated upon the acquisition and implementation of a stormwater park that would attenuate and treat the City's storwmater discharge. When negotiations failed on the acquisition, the City had no alternatives outlined in the report. The proposed master plan will utilize dat~ompiled in the earlier report and will develop feasible alternatives for water quality discharge improvements and stormwater attenuation, such as developing smaller watersheds throughout the City. Additionally, the plan will address 100 year flood plain mapping and detemaining the base flood elevation for undetermined areas. This resolution authorizes the City staff to seek grant funding to develop the master plan from SJRWMD. If approved 'by SJRWMD, the cost share agreement will be brought forth to the Council for approval. RECOMMENDED ACTION Move to adopt Resolution R-99-53 authorizing the City Manager to apply for Stormwater Master Plan Grant. RESOLUTION NO. R-99-53 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO APPLY FOR STORMWATER MASTER PLAN GRANT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WitEREAS, the St. Johns River Water Management District assists municipalities in the development and implementation of stormwater master plans; and WItEREAS, the City of Sebastian completed such a master plan in 1997, but the same was predicated on acquiring lands that can not feasibly be purchased; NOW TltEREFORE, BE IT RESOLVED BY ~ COUNCIL OF TItE CITY OF SEBASTIAN, as follows: Section 1. AUTItORIZATION. The City Manager or his designee is hereby authorized to apply for a St. Johns River Water Management District grant to assist in developing a stormwater master plan. Section 2. CONFLICTS. conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. immediately upon its adoption. All resolutions or pans of resolutions in This resolution shall take effect A motion to adopt the foregoing Resolution was made by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 17th day of November, 1999. CITY OF SEBASTIAN, FLOR]DA ATTEST: By: Chuck Neuberger, Mayor ' Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney i I I I i I i I I I I i i I I I I i I Subject: Re s olu tio n/..R..99~$'% City oF Sebastian, Florida Agenda No. Department Origin: City Manager Asst. To City Mgr./Purchasing Date Submitted: 11/1099 ForAgenda off 11/1799 Exhibits: Resolution R-99-55 Exhibit "A' Business Sub-Lease EXPENDITURE REQUIRED: IAMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY In response to Golden Horn Aviafion's request to sublet a portion of said land to another airport tenant A & B Leasing, Ent., Inc., the attached Business Sub-lease (Exhibit "A") has been prepared. After review, staffhas determined that the proposed Business Sub-lease between Golden Horn Aviation, Inc., and A and B Leasing Ent., Inc., finds nothing detrimental to the interests of the City and recommends approval. RECOMMENDED ACTION Move to adopt Resolution R-99-55 granting approval to sublease airport land fi.om Golden Horn Aviation, Inc., to A and B Leasing Ent., Inc. Ren~ G. VanDeI~oorde Attorne~ at Law Marl Parsons Of Counsel 1327 North Central Avenue Sebastian, Rodda 32958 (561) 589-4353 FAX# (561) 388-5514 November 1, 1999 Rich Stringer City Attorney City of Sebastian 1225Main Street Sebastian, FL 32958 VIA HAND DELIVERY RE: Golden HornAviation, Inc. My file #99.315 Dear Mr. Stringer: Enclosed, please find a revised sub-lease between GoldenHornAviation, inc. and Bonnie Swing. The parties wanted to change the name of the corporation in the lease and the principal officer of that corporation. The first sub-lease sent to you listed Headstart Corporation andDuaneSwingand that is being changed to A and B Leasing Ent., Inc. and Bonnie Swing. Mr. Bradshaw is aw-are of ~d approved the change. Thank you for you attention in this matter. Angel a Sherbrook Legal Assistant /as RESOLUTION NO. R-99-55 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF AIRPORT LAND FROM GOLDEN HORN AVIATION, INC., TO A AND B LEASING ENT., INC.; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WiiEREAS, Golden Horn Aviation, Inc., is the lessee of certain City land at the Municipal Airport pursuant to a lease dated November 14, 1996; and WE[EREAS, Golden Horn Aviation, Inc., wishes to sublet a portion of said land to another airport tenant A & B Leasing Ent., inc.; and WHEREAS, any such subleasing of airport land requires the written approval of the City of Sebastian; and WHEREAS, the City Attorney and City Manager have reviewed the proposed sublease bet-ween the above-named parties and find nothing therein that is detrimental to the interests of the City; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. APPROVAL. The City Council hereby gives its written approval to the Business Sublease between Golden Horn Aviation, Inc., and A & B Leasing Em., Inc., attached hereto as Exhibit "A". Section 2. CONFLICTS. conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. immediately upon its adoption. All resolutions or parts of resolutions in This resolution shall take effect A motion to adopt the foregoing Resolution was made by Councilmember · The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 17.th day of November, 1999. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Chuck Neuberger, Mayor Kathryn M O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney BUSINESS SUB-LEASE THIS A~, entered into this __ day of , 1999 between GOLDEN HORN AVIATION, INC., a Florida Corporation, hereinafter called the Sub-lessor, party of the first part, and BONNIE MING, and A and B LEASING ENT., INC., a Florida Corporation, hereinafter called the Sub-lessee or Tenant, party of the. second part: WITNESSETH, that the said Sub-lessor does this day lease unto said sub- lessee, and said Sub-lessee does hereby hire and take as tenant under said Sub-lessor the following: Approximately 5,000 square feet of hanqar space and approximately 500 square feet of office space, of that parcel of property described in Attachment "A", located at the Sebastian Airport. situate in Sebastian, Florida, to be used and occupied by the Sub-lessee as a hangar/work space and office and for no other purposes or uses whatsoever, for the term of twenty four (24) months, b~inning the day of , 1999, and ending the day of , 2001, at ~nd for the agreed total rental of Forty three Thousand, Two Hundred Dollars, payable as follows: $1,800.00 per month, plus sales tax if applicable. The first months payment due with the signing of this sub-lease. All payments to be made to the Sub-lessor on the day of each and every month in advance without demand at , or at such other place and to such other person, as the Sub-lessor may frcm time to time designate in writing. The following express stipulations and conditions are made a part of this lease and are hereby assented to by the Sub-lessee: FIRST: SUBLESTING - ASSIGNING ~he Sub-lessee shall not assign this lease , nor sub-let the premises, or ~ny part thereof nor use the ~mme, or any part thereof, nor permit the same, or any part thereof, to he used for any other purpose than as above stipulated, nor make any alterations therein, and all additions thereto, without the written consent of the Sub-lessor, and all additions~ fixtures or improvc~ne~nts//~ which may be made by Sub-lessee, except movable office furniture, shall become the property of the Sub-lessor and re~s/n upon the pre~lises as a part thereof, and be surrendered with the premises at the termination of this lease. SECOND: PERSONALTY- SUB-LES.SEE'S RISK All personal property placed or moved in the premises above described shal 1 he at the risk of the or owner thereof, and Sub-lessor shall not be liable for any damage to s~id perscmal property, or to the Sub- lessee arising from the bursting or leaking of water pipes, or from any act of negligence of any co-tenant or occupants of the building or of any other .person whosoever. THIRD: SUB-LESSEE COMPLY WITH L~WS That the tenant shall promptly execute and ccmply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and City Goverrm~_nt and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said pre~nises during said term; and shall also prc~tly cc~ly with and execute all rules, orders and regulations of the Southeastern Underwriters Association for the prevention of fires, at his own cost and expense. FOURTH: DAMAGE TO PRAISES In the event the presses shall be destroyed or so damaged or injured by fire or. other casualty during the life of this agreement, whereby the same shall be rendered untenantable, then the Sub-lessor shall have the right to render said premises tenantable by repairs within ninety (90) days therefrc~n. if said premises are not rendered tenantable within said time, it shall be optic~al with either party hereto to cancel this lease, and in the event of such canceliation thee;rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. In the event of damage by fire or other casualty, the rent payable under this lease shall abate, in proportion to the impairment of the use that can reasonably be made of the property for the purpose permitted by this lease, until the property is rebuilt and repaired (or untiI the lease is terminated, if terminated in accordance with this paragraph). FIFTH: SUB-LESSEE VACATES If the Sub-lessee shall abandon or vacate said premises before the end of the term of this lease, or shall suffer the rent to be in arrears, the Sub-lessor may, at his option, forthwith cancel this lease or he ~my enter said pr~nises as the agent of the Sub-lessee, by force or otherwise, without being liable in any way therefor, and relet the premises with or without any furniture that may be therein, as the agent of the Sub-lessee, at such price and upon such terms and for such duration of time as the Sub-lessor may determine, and receive the rent therefor, applying the same to the payment of the rent due by these presents, and if the full rental herein provided shall not be realized by Sub-lessor over and above the expenses to Sub-lessor in such re-letting, the said Sub-lessee shall pay any deficiency, and if more than the full rental is realized Sub-lessor will pay over to said lessee the excess of demand. SIXTH: COLLECTION COSTS Sub-lesseeagrees to pay the cost of collection and reasonable attorney's fee on any part of said rental that may be collected by suit or by attorney, after the same is past due. SEVENTH: UTILITIES The Sub-lessee agrees that he and the Sub-lessor 1 divide all charges for electricity or other illuminaticn, and for all water used i I i I on said premises, and share the cost based on usage. EIG}UfH: SUB-LESSEE ~.Fr~ES PERSONALTY The said Sub-lessee hereby pledges and assigns to the Sub-lessor all the furniture, fixtures, gocds and chattels of said Sub-lessee, which shall or may be brought or put on said pr~ises as security for the payment of the rent herein reserved, and the Sub-lessee agrees that the said lien may be enforced by distress, foreclosure or otherwise at the election of the said Sub-lessor, and does hereby agree to pay attorney's fees of ten percent with all costs and charges therefore incurred or paid by the Sub-lessor. NINTH: SUB-LESSOR MAY ENTER PRSMISES ~he Sub-lessor, or any of bis ~ents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deened necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said pr~nises. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which do not conform to this agre~nent, or to the rules and regulations of the building. TENTH: ACCEPTANCE OF PR~4I~S Sub-lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the c~,..~ncement of said term, excepting only reasonable wear and tear arising from the use thereof under this agreement and to make good to said Sub-lessor immediately upon de,hand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premise, or of any building, caused by any act or neglect of Sub-lessee, or of any person or persons in the en~)loy or under the control of the Sub-lessee. " ELEVENTH: INJURY BY WATER It is expressly agreed and understood by and between the parties to this agreenent, that the landlord shall not be liable for any damage or injury by water, which may be sustained by the said tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or in, roper conduct on the part of any other tenant or agents, or employees, or by reason of the breakage, leakage, or obstruction of the water, sewer or soil pipes, or other leakage in or about the said building. 5~ELFI~: BANKRUPTCY If the Sub-lessee shall become insolvent or if bankruptcy proceedings shall be begun by or against the sub-lessee, before the end of said term the Sub-lessor is hereby irrevocably authorized at its option, to forthwith cancel this lease, as for a default. Sub-lessor may elect to accept rent from such receiver, trustee, or other judicial officer during the term of their occupancy in their fiduciary capacity without effecting Sub-lessor's rights as contained in this contract, but no receiver, trustee or other judicial officer shall ever have any right, title or interest in or to the above described property by virtue of this contract. THIRTEENTH: SUCCESSOR'$ BC%~_ This contract shall bind the Sub-lessor and its assigns or successors, and the heirs, assigns, administrations, legal representatives, executors or successors as the case may be, of the Sub-lessee. FOUR~: T!M~ OF THE ESSENCE parties hereto that tim~ is of the ess~.c-~ of this contract and this applies to terms and conditions contained herein. It is understood and agreed between the all FIFTEENTH: NOTICE It is understood and agreed between the parties hereto that written notice mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Sub-lessee and written notice mailed or delivered to the office of the Sub-lessor shall constitute sufficient notice to the Sub-lessor, to comply with the terms of this contract. SIXTEENTH: RIGHTS OF THE SUB-LESSOR ARE ~TIVE ~ rights of the Sub-lessor under the foregoing shall be cumnulative, and failure on the part of the Sub- lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. S~: CHARGES ARE RENT It is further understood and agreed between the parties hereto that any charges against the Sub-lessee by the sub-lessor for services or for work done on the premises by order of the Sub-lessee or otherwise accruing under this contract shall be considered as rent due and shall be included in any lien for rent due or unpaid. EIb: SI~N A~OVAL R~JIR~D If is hereby understood and ag-reed that any signs or advertising to be used, including awnings, in connection with the premises lease hereunder shall be first sutmxitted to the Sub-lessor for approval before installation of same. NINETEENTH: BUILDING REPAIRS. The Sub-lessee will maintain the ]~.sse property, including all of the interior thereof, including but not limit~'.~ ,~ ceilings, interior walls, floors, fixtures, pipes, doors and windows (including plate glass windows), in good and substantial repair. '.~ TWENTIEI~: ADDRESSES All rents payable and notice give under this lease to the Sub-lessor shall be paid and given at or at such other place as the Sub-lessor shall specify in writing. All notices given under this lease to the Sub-lessee or any assignee or sublessee of the Sub-lessee shall be given at the leased premises. Any notice properly mailed by Registered Mail, postage and fee prepaid, shall be deemed delivered when mailed, whether delivered or not. TWENTY-FIRST: REMEDIES FOR FAILURE TO PAY RENT OR BREACH OF AGREEMENT~ aF rent, or other monies, required by this lease shall not be paid when due, or if the Sub-lessee shall fail to perform or breach any agreement of this lease other than the agreement to pay rent for three (3) days after a written notice specifying the performance required shall have been given to the Sub-lessee, the Sub-lessor shall l'~vc the option to: (a) terminate this lease, resume possession of the property for his own account, and recover immediately fruu the Sub-lessee the difference between the rent specified in this lease and the fair rental value of the property for the remainder of the terms, reduced to present worth; or (b) resume possessien and re-lease or rent the property for the r~mainder of the term for the account of the Sub-lessee, and recover from the Sub-lessee, at the end of the term or at the time each payment of rent comes due under this lease as Sub-lessee may choose, the difference between the rent specified in the lease and the rent received on the re-leasing or renting; or (c} resume possession and accelerate the r~-naining re~tal unpaid and recover the same frcm the Sub-lessee, or 4 (d) seek any and all remedies permitted under the laws of the State of Florida. In any event, the Sub-lessor shall also recover all expenses incurred by reason of the failure to pay rent or other breach, including reasonable attorney's fees. TWENTY-SECOND: LEASEHOLD IMPR~S AND MECHANICS LIENS I f a n y mechanic's, laborer's or n~terialmen's lien shall at any time be filed against the leased premises or any part thereof, or any encumbrance, charge, mortgage, conditional bill of sale, title retention, or security agreement be filed against the leased premises or any part thereof, by reason of any work, labor or services, or materials or equipment furnished to or for sub-lessee, within thirty (30) days after notice of the filing thereof, or such shorter period not less than fifteen (15) days as may be required by the holder of any mortgage to which this lease is subject and subordinate, will cause the same to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise. If Sub-lessee shall fail to cause such encumbrance, charge, etc., to be discharged within the period aforesaid then, in addition to, discharge the same whether by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding procedures, and in any such event, Sub-lessor shall be entitled , if Sub-lessor so elects, to compel 'the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgement in favor of the lienor with interest, costs and allowances. Any amounts so paid by Sub-lessor and all costs and expenses incurred by Sub-lessor in connection therewith, together with interest thereon at the rate of six (6) per cent per annum frc~ the respective dates of Sub-lessors making of the payment or incurring of the cost and expense, shall constitute additional rent payable by the Sub-lessee under this lease and shall be paid to Sub-lessor by Sub-lessee on demand. N6thing her~in contained shall obligate Sub-lessee to pay or discharge any lien created by Sub- 1 esSor. Nothing in this lease cents/ned shall be deemed or construed in any way as constituting the consent or request of Sub-lessor, express or implied by inference or otherwise, to any contractor, subcontractor, laborers, or materimlmen, for the performance of any labor or the furnished of any materials for any specific improvement, alteration to or repair of the leased premises or any part thereof, nor as giving Sub-lessee any right, power or authority to contract for or permit the rendering of any services or the furnishings of any materials that would give rise to the ~iling of any lien against the leased premises or any part thereof. Any alterations, additions or improvements made by the Sub-lessee that are permanently attached to the building shall become the property of the Sub-lessor at the termination of this Lease. Provided the Sub-lessee is not in default hereunder, at the termination of this lease the Sub-lessee may r~ove and retain all' equipment, furniture, trade fixtures and similar movable items, provided the Sub-lessee shall repaint and repair as necessary to place the property in as good condition as when first leased, reasonable wear and tear excepted. TWENTY-THIRD: INSURANCE The Sub-lessee agrees to obtain at b_is expense a policy or policies or liability insurance in cc~npany or cu~anies approved by the Sub-lessor, providing ~or liability insurance for injuries or death of person or persons or damages to property sustained on the d~mlised pre~lises with limits of not less than $$00,000.00 for injury or death of any one or more persons in any one accident and $25,000.00 ~or damage to property. Said policy or policies will b/r .~ 5 standard's owner's, landlord's and tenant's policies 'and will include the Sub-lessor as named insured, and either the original or a duplicated original will be delivered to the Sub-lessor and all premiums thereon will be paid by Sub-lessee. TWENTY-FOURTH: SUB-LESSOR'S RIGHT TO ASSIGN The Sub-lessor shall have the right at any time to assign this lease as collateral security for any mortgage or indebtedness of the Sub-lessor whatsoever. TWENTY-FI~: IND~4NIFICATION The Sub-lessor shall not be liable to the Sub-lessee or Sub-lessee's employees, agents or invitees or to any other .persons whomsoever, for any injury to person or damage to property on the demised premises caused by negligence, misconduct, or acts of cc~ssion or omission of the Sub-lessee, his employees, or agent, or arising frcm the condition of the leased premises and the Sub-lessee agrees to indell%ify and hold the Sub-lessor harmless from any loss, liability, costs, expenses or claims arising out of any such damage or injury, including costs and reasonable attorney's fees. TWENTY-SIXTH: DAMAGE The Sub-lessor shall not be responsible to the .Sub- lessee for any damage to Sub-lessee's property arising as a result of the conditi'on of the premises. TWENTY-~: TAXES Sub-lessor shall pay all real property taxes accruing or assessed against the leasehold premises for the term of this Lease. Sub- lessee shall be liable for any tangible personal property taxes assessed against the building or premises for any improvements or items placed on the leased pr~nises by the sub- 1 essee. TWENTY-EIGHTH: PERSONAL PROPERTY INSURANCE Sub-lessee shall : · be responsible for securing and maintaining personal property insurance in such amount as Sub-lessee may desire with regard to personal property on or about the leasehold premises. TWENTY-NINTH: LATE CHARGE If rent payments are delinquent for a period of Ten (10) days, Sub-lessee agrees to pay a late charge of $100.00. THIRTIETH: ENTIRE AGREEMENT This Lease Agreement contains the entire agreement of the parties hereto and no other agreement, statement, or prcmise made by any party or any agent of any party hereto, which is not contained herein shal 1 be binding or valid. No modification of this Lease agreement shall be binding on the parties unless it is in writing and executed by both Sub-lessor and Sub-lessee. THIRTY-FIRST: SUB-LEASE CONTINGENT UPON CITY OF SEBASTIAN APPROVAL This sub-lease is subject to and contingent upon the approval of the City of Sebastian. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. Signed, sealed and delivered in the presence of: GOLDEN HORN AVIATION, INC. By: Warren Bradshaw As to Sub-lessor A and B LEASING ENT., INC. As to Sub-lessee By: Bonnie Swing STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public in and for said State and County, personally came WARREN BRADSHAW, to me well known and known to be the person named in the foregoing lease, andheacknowledgedthatheexecutedthe same for the purpose therein expressed. IN WITNESS WHEREOF, I have hereunto set myhand and affixed my official seal the day of , 1999. Notary Public. State of Florida My Co~missionExpires: STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public in and for said State andCounty, personally came BONNIE b74ING, to mewell known andknownto be the person named in the foregoing lease, and he acknowledged that he executed the same for the purpose therein expressed. IN WITNESS WT{EREOF, I have hereunto set my hand and affixed my official seal the day of , 1999. Notary Public. State of Florida My Cc~mission Expires: I I I City of Sebastian, Florida I OFFICE OF THE CITY' &TTORN V AGENDA TRANSMITTAL Agenda No. ~. ZZ¢ Subject: Police Pension amendments Date Submitted: 11/10/99 Exhibits: Ordinances O-99-38 For Agenda of.' 11/17/99 EXPENDITURE REQUIRED: unknown AMOUNT BUDGETED: 0 APPROPRIATION KEQUiRED: 0 SUMMARY: The first bill passed in the 1999 legislative session and the first law ever enacted by Governor Bush drastically rewrote the police pension laws of the state. The thrust of the law was to es"tablish uniform minimum requirements for all such pensions across the state, and to ensure that the one dedicated outside revenue source for pension funds, the excise tax on insurance premiums, was used to give police officers a benefit greater than that provided general employees. The complexity and, in some areas, ambiguity of the bill has had local government attorneys studying the issue through the year. At the annual meeting of the attorney section of the League of Cities a working group was formed (of which I was a member) that commissioned an analysis of the law on behalf of League members. Based upon this analysis, I have proposed these amendments. The pension ordinance must be amended by December 31, 1999, or funding will be lost. RECOI~LMENDED ACTION: Move to approve Ordinance O-99-38 on first reading and set public hearing for December 15, 1999. ~. AUTHORIZED FOR PLACEMENT ON AGENDA BY CITY MANA ORDINANCE NO. 0-99-38 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE CHAPTER 58, ARTICLE III, POLICE OFFICERS' RET~T SYSTE~; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILI TY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 99-1, Laws of Florida, virtually rewrote the police pension law in the state of Florida and requires local government compliance with extensive minimum pension standards; and WHEREAS, local governments must adopt these minimum provisions by December 31, 1999, or lose a significant funding mechanism for its police pension plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF' THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 58-46 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 58-46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Actuarial equivalence means a form of benefit differing in time, period, or manner of payment from a specific benefit provided under this article but having the same value when computed using UP 1984 Mortality Table and eight percent interest. Agreement means the written instrument setting forth the provisions of the retirement system. Average monthly earnings means 1/12 of the arithmetic average of annual earnings for the five best years of credited service during the ten years preceding termination of employment or retirement. Beneficiary means the person entitled to receive benefits under this article at the death of a member and who is filed with the board. If no such designation is in effect at the time of death of the member, or, if no person so designated is living at that time, the beneficiary shall be the estate of the member. Board means the board of trustees, which shall administer and manage the system provided for in this article and serve as trustees of the fund. Credited service means the total number of years and completed months of actual service with'the city as a fulltime sworn police officer. Credit shall also be Given for time spent in the military of the United States or United States Merchant Marine bV an officer on leave of absence for such reason , Drovided that the officer reenters the Citv's police service within 1 year of the date of release from the service. Members shall not receive credit for service for which member contributions have been refunded. No credit will be given toward credited service for. service during which an employee was eligible for participation in the system but elected not to become a member. Further, no credit will be given for service after the normal retirement date. Earnings means total cash remuneration paid to the officer for services rendered, and includes base pay, inc!udir~g- commissions, bonuses, maintenancc assignment or shift differential pay, educational incentive pay, holiday pay and overtime pay, but excluding accrued sick leave and vacation pay. Effective date means October 1, 1989. Employee or police officer means all actively employed employees of the city, including those in their initial probationary employment period, classified as fulltime sworn police officers and reuuired to be certified as a law %~.forcement officer in accordance with Fla. Stat. 943.1395, but excluding any parttime police officers, auxiliary police officers or civilian members of the police and any temporary or contract employees. For purposes of this definition, full time means an average of 40 or more hours per week, or at least 2,080 hours during any consecutive 12-month period. Fund means the trust fund established in this article as part of the system. IRS Code means title 26 of the United States Code, as amended from time to time. Member means an actively employed employee who fulfills the prescribed participation requirements and all terminated employees who are receiving or are entitled to receive benefits under this article. Members' contributions means amounts deducted from a member's compensation on and after October 1, 1989, pursuant to section 58-50(a) of this.article, plus interest at the rate of 5 1/2 percent per year, compounded annually. Spouse means the lawful wife or husband of a member at the time of preretirement death or retirement. System or retirement system means the city police officers' retirement system as contained in this.' article and all amendments thereto. Section 2. That section 58-48 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 58-48. Benefit amounts and eligibility. (a) Retirement dates. Normal retirement. The normal retirement date of a member shall be the latter of the first day of the month: a. In which the member attains the age of 55 years, and b. Has completed ten years of credited service; or c.In which the member has attained the age of 52 years, and d. Has completed 25 years of credited service. A member may retire on his normal retirement date or on the first day of any month thereafter. Early retirement. A member may retire on his early retirement date' with the consent of the city, which shall be the first day of the month in which the age years and has completed member attains the of 50 ten years of credited service. Rights of city. Nothing contained in this article shall be construed to give any employee the right to be retained in the employ of the city or to interfere with the right of the city to terminate the employment of any employee at any time, nor upon dismissal or upon his voluntary termination of employment, to have any right or interest in the fund other than as is provided in this article. Full vesting at retirement. A member shall become 100 percent vested in his accrued benefit on any stated retirement date. (b) Retirement benefit. Normal. A member retiring under the terms of this article on or after his normal retirement date shall receive a monthly benefit which shall commence on his retirement date and be continued thereafter during his lifetime, with the first 120 payments guaranteed payable either to the member, uDon his death, t'o his beneficiary in any event. The .monthly retirement benefit shall equal two percent of the average monthly earnings for each year of credited service. Early. The monthly amount of retirement income payable to a police officer who retires early under the provisions of this section shall be an amount computed as if the officer had taken normal retirement as set forth in this section, taking into account his credited service to his date of actual retirement and his average monthly earnings as of such date, which amount of retirement income shall be (3) (1) (2) actuarially reduced to take into account the police officer's younger age and the earlier commencement of retirement income payments. In no event shall the early retirement reduction exceed three percent for each year by which the member's age at retirement preceded the member's normal retirement age. The retirement income payable in the event of early retirement will be payable on the first day of each month. The first payment will be made on the police officer's early retirement date and the last payment will be the payment due next preceding the retired officer's death; except that, if the police officer dies before he has received retirement benefits for a period of ten years, the same monthly benefit will be paid to the beneficiary designated by the police officer with the balance of such ten-year period, or, if no designated beneficiary is surviving, the same monthly benefit for the balance of such ten-year period shall be payable as provided in F.S. § 185.162 (1987). Retirement reduced for disability benefits. The retirement income will be reduced on an actuarial basis for moneys received under the disability provisions of this article, subject to the maximum reduction as set forth for regular earlv retirement (c) Disability. Eligibility. Any member who is found by the board upon examination to be mentally or physically. incapacitated so as to be wholly unable to properly perform his duties as a police officer of the city may be retired for disability if the member meets the following service requirement: Service-incurred disability (as determined by the board)--No service requirement. Members are covered from date of employment. The presumptions of Fla. Stat. 185.34 shall aDply~ Nonservice-incurred disability (as determined by the board)--Member is eligible following completion of ten years of credited service. Exclusions. A member will be considered totally disabled if, in the opinion of the board, he is wholly prevented from rendering useful and efficient service as a police officer; and a member will be I I I I I I I i I i I i i I I I I 3) considered permanently disabled if, in the opinion of the board, such member is likely to remain so disabled continuously and permanently from a cause other than as specified in this subsection: Excessive and habitual use by the member of drugs, intoxicants or narcotics. Injury or disease sustained by a member while willfully and illegally participating in fights, riots, civil insurrections, or while committing a crime. Injury or disease sustained by the member while serving in any armed forces of any nation. Injury or disease sustained by the member after his employment has terminated. Injury or disease sustained by the police officer while working for anyone other than the city and arising out of such employment. Determination of disability. No member shall be permitted to retire under the provisions of this section until examined by a duly qualified physician or surgeon to be selected by the board for that purpose, and is found by the board, upon evidence presented, to be disabled in the degree and in the manner specified in this section. Any member retiring under this section may be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the board for that purpose, to determine if such disability has ceased to exist. Bene£i~ amount. The benefit payable to a member who retires with a total and permanent disability which is determined to be nonservice incurred shall be an amount equal to two percent of his average monthly earnings multiplied by his years of credited service. In no event, however, shall the nonservice-incurred disability benefit be less than 25 percent of the member's average monthly earnings if the member has completed ten years of credited service. The monthly benefit payable to a member who retires with a service-incurred disability shall be an amount determined as for nonservice-incurred disability but not less than 42 percent of average monthly earnings. (5) (6) (7) Benefit offsets. There shall be no reduction of If the disability benefits described in this section based upon plus other monthly amounts to which the disabled member is entitled under worker's compensation or any other city financed disability or salary continuation program cxcccds 100 percent of the member's a~eragc monthly car~ings in effect on the date of disability, thc dis~bitit~ benefits pro~i~cd in this uectio~ shall be reduced so that thc total of al} such rcgut~r monthly amou~e docs not exceed 500 pc~cent of such ~v~rage monthly earnings Payment of benefits. The monthly retirement income to which a member is entitled in the event of his disability retirement will be payable on the first day of the first month after the board such entitlement. However, the monthly retirement income shall be payable as of the date of board approval and any portion due for a partial month shall be paid together with the first payment. The last payment will be on the earlier of the following: a. The first day of .the month preceding the member's date of death, or the 120th monthly p~>~,~.~,~..~ whichever is later; or b. The first day of the month preceding the member's recovery as determined by the board. Recovery. If the board finds that a member who is receiving a disability retirement income is no longer. disabled, as provided in this section, the board shall direct that the disability retirement income be discontinued. Recovery from disability as used in this section shall mean the ability of the member to render useful and efficient service as a police officer. If the member recovers from disability, his service beginning with the first month for which he received a disability retirement income payment and. ending with the date of recovery shall not be considered in determining the retirement benefit commencing on or after his normal retirement date. {d) Preretirement death. Prior to eligibility for retirement. The designated beneficiary of any member who dies prior to becoming eligible for early, normal or delayed retirement under the terms of this article shall receive a refund of the member's contributions. (2) After becoming eligible for retirement. The designated beneficiary of any member who dies after becoming eligible for retirement shall be entitled to the benefits otherwise payable to the deceased member at early or normal retirement age. Such amount shall be payable to such beneficiary on a monthly basis for ten years, or on such other actuarial equivalent basis as provided by the board. ( ) Limitations. In the event the board purchases life insurance contracts to provide all or part of the death benefit 'provided herein, the death benefit payable under any such contract shall not exceed: a. One hundred times the estimated normal monthly retirement income, based on the assumption that the present rate of compensation continues without change to normal retirement date; or b. Twice the annual rate of compensation as of the deceased member's date of death, or the single- sum value of the accrued deferred retirement income (beginning at normal retirement date) at the deceased member's date of death, whichever is greatest. In the event the death benefit paid by .. a life insurance company exceeds the limits set forth the above, the excess of the death benefit over the limits shall be aid to the fund. (e) Vesting. If a member terminates his employment, either voluntarily or by discharge, and is not eligible for any retirement benefits under the system, he shall be entitled to a refund of his contributions, without interest, less any benefits paid to him. Howeve~ a police officer may voluntarily leave his or her contributions in t-~ fund for a period of 5 years after leaving the employ of the department, pending the possibility of being re~ired by the same department, without losing credit for the time he or she has participated actively as a police officer. Should the person not be so ~Remployed within 5 years, the contributions shall then be returned without interest. Should any police officer who has been in service with the municipality for at least ten years and has contributed to the municipal police officer retirement trust fund for at least ten years elect to leave his accrued contributions in the municipal police fund, such police officers retirement trust officer upon attaining age 50 years or more may retire at the actual equivalent of the amount of such retirement income otherwise payable to him. (f) Required distributions. 1) Notwithstanding any provision in this article to the contrary, a member's benefits shall be distributed to him not later than the member's required beginning date. A member's required beginning date is the April 1 following the close of the calendar year in which the member attains age 70 1/2. Alternatively, distributions to a member must begin no later than the April 1 as determined under the preceding sentence and must be made over the life of the member (or the lives of the member and the member's designated beneficiary) or, if benefits are paid in the form of.a joint and survivor annuity, the life expectancy of the member (or the life expectancies of the member and his designated beneficiary) in accordance with federal income tax regulations. 2) Notwithstanding any provision in this article to the contrary, distributions upon the death of a member shall be made in accordance with the followin~ requirements and shall otherwise comply with section 401(a) (9) of the Internal Revenue Code and the regulations thereunder. If it is determined, pursuant to regulations, that the distribution of a member's interest has begun, and the member dies before his entire interest has been distributed to him, the 'remaining portion of such interest shall be distributed at least as rapidly as under the method of distribution selected by the member as of his date of death. If a member dies before he has begun to receive any distributions of his interest in the retirement system or before distributions are deemed to have begun pursuant regulations, then his death benefit shall be distributed to his beneficiaries in accordance with the following rules: 1. The entire death benefit shall be distributed to the member's beneficiaries by December 31 of the calendar year in which the fifth anniversary of the member's death occurs; 1) 2. The five-year distribution requirement of subsection (f) (2)b.1. of this section shall not apply to any portion of the deceased member's interest which is payable to or for the benefit of a designated beneficiary. In such event, such portion shall be distributed over the life of such designated beneficiary (or over a period not extending beyond the life expectancy of such designated beneficiaries), provided such distribution begins not later than December 31 of the calendar year immediately following the calendar year in which the member died; 3. Notwithstanding the above, in the event the member's spouse (determined as of the date of the member's death) is his designated beneficiary, the provisions of subsection (f) (2)b.2. of this section shall apply except that the requirement that distributions commence within one year of the member's death shall not apply. In lieu thereof, distributions must commence on or before the 'later of: io December 31 of the calendar year immediately following the calendar year in which the member died; or ii. December 31 of the calendar' year in which the member would have attained age 70 1/2. If the surviving spouse dies before distributions to.' such spouse begin, then the five-year distribution requirement of this section shall apply as if the spouse was the member. Distributions to a member and his beneficiaries shall only be made in accordance with the incidental death benefit requirements of section 401(a) (9) (G) of the Internal Revenue Code and the regulations thereunder. (g) Limitation of benefits. The annual benefit otherwise payable to a member at any time will not exceed the maximum permissible amount. If the benefit the member would otherwise accrue in a .limitation year would produce an annual benefit in excess of the maximum permissible amount, the rate of accrual will be reduced so that the annual benefit will equal the maximum permissible amount. The limitation in subsection (g) (1) of this section is deemed satisfied if the annual benefit payable to a member is not more than $1,000.00 multiplied by the member's number of years of service or parts thereof (not to exceed ten) with the city. If the city maintains or at any time has maintained, one or more qualified defined contribution plans covering any member in this system, a welfare benefit fund, as defined in section 419(e) of the Internal Revenue Code, or an individual medical account as defined in section 415(1)(2) of the Internal Revenue Code, the sum of the member's defined contribution fraction (as defined in section 415(e) (3) of the Internal Revenue Code) and defined benefit fraction (as defined in section 415(e) (2) of the Internal Revenue Code) will not exceed 1.0 in any limitation year. To the extent necessary to satisfy this limitation, the city will reduce the member's projected annual benefit under the system. For purposes of this section, the following terms shall have the following meaning: a. Annual benefit. A retirement benefit under the system which is payable annually in the form of a straight life annuity. Except as provided below, a benefit payable in a form other than a straight life annuity must be adjusted to an actuarial equivalent straight life annuity before applying the limitations of this subsection. The interest rate assumption used to determine actuarial equivalents shall be the greater of the interest rate specified in section 58- 46 of this article or five percent. No actuarial adjustment to the benefit is required for: 1. The value of a qualified joint and survivor annuity, 2. The value of benefits that are not directly related to retirement benefits (such as the qualified disability benefit, preretirement death benefits, and post-retirement medical benefits), and 3. The value of post-retirement cost of living increases made in accordance with section 415(d) of the Internal Revenue Code and section 1.415- 3(c) (2) (iii) of the Federal Income Tax Regulations. b. Compensation. Wages, salaries, and fees for professional services and other amounts received (without regard to whether or not an amount is paid in cash) for personal services actually rendered in the course of employment with the city to the extent that the amounts are includable in gross income (includin~, but not limited to, eommissions paid selcsmen, compensation for serviec~ on thc basis of a ~e~rcentage of profits, ~omm~sions o~ insurance premiu~ tips, b~n~ses, fringe benefits, reimbursements and expense ~llowances~ and excluding the following: 1. City contributions to a plan of deferred compensation which are not includable in the member's gross income for the taxable year in which contributed, or city contributions under a simplified employee pension plan to the extent such contributions are deductible by the member, or any distributions from a plan of deferred compensation; 2. Amounts realized from thc exercise of a nonqualificd stock option, or when restricted stock (or property) hel~ by a member either becomes freely transferable or is n~ longer subject to a substantial risk of forfeiture; 3. Amounts realized from the sale, exchange, or ether dgspesi~io~ of stock acquired under a qualified stook option; and 4~. Other amounts which received special tax benefits, or contributions made by the city (whether or not under a salary reduction agreement) towards the purchase of an annuity described, in section 403(b} of the Internal Revenue Code (whether or not the amounts are actually excludable from the gross income of the member). c. Defined benefit dollar limitation. Effective on January 1, 1989, and each January thereafter, the $90,000.00 limitation above will be automatically adjusted by multiplying such limit by the cost of living adjustment factor prescribed by the secretary of the treasury under section 415(d) of the Internal Revenue Code in such manner as the secretary shall prescribe. The new limitation will apply to limitation years ending within the calendar year of' the date of the adjustment. d. Highest average compensation. The average compensation for the three consecutive years of service with the city that produces the highest average. e. Limitation year. The fiscal year. f. Maximum permissible amount. 1. The lesser of the defined benefit dollar limitation or 100 percent of the member's highest average compensation. 2. If the member has less than ten years of employment with the city, the defined benefit dollar limitation is reduced by one-tenth for each year of employment (or part thereof) less than ten. To the extent provided in regulations or in other guidance issued by the Internal Revenue Service, the preceding sentence shall be applied separately with respect to each change in the benefit structure of the system. If a member has less than ten years of service with the city, the compensation limitation is reduced by one-tenth for each year of service (or part thereof) less than ten. 3. If the annual benefit of the member commences before age 62, the defined benefit dollar limitation shall be determined in accordance with regulations prescribed by the secretary of the treasury, by reducing the limitation so that such limitation (as so reduced) equals an annual benefit (beginning when such retirement benefit begins) which is equivalent to the defined benefit dollar limitation beginning at age 62. The interest rate assumption used to determine actuarial equivalents shall be the greater of the interest rate specified in section 58-46 of this article or five percent. The reduction under this subsection shall not reduce the defined benefit dollar limitation below the following: i. Seventy-five thousand dollars if the benefit begins at or after age 55; or ii. If the benefit begins before age 55, the equivalent of the $75,000.00 limitation for age 55. 4. If the annual benefit of a member commences after age 65, the defined benefit dollar limitation shall be adjusted so that it is the actuarial equivalent of an annual benefit of such dollar limitation beginning at age 65. Section 3. That section 58-49 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: (1) 2) Sec. 58-49. Optional forms of benefits. Each member entitled to early or normal retirement benefit (including permanent disability retirement) shall have the right at any time prior to the date on which benefit payments begin to elect to have his benefit payable under any of the options set forth in this article in lieu of the benefits provided in this article. Each member shall further have the right to revoke any such elections and make a new election at any time prior to the date of cashinc or depositing his first retirement check actual commc~cement of payments. The value of payable optional benefits shall be the actuarial equivalent to the value of benefits otherwise payable, and the present value of payments to the retiring member must be at least equal to 50 percent of the total present value of payments to the retiring member and his beneficiary. The member shall make such an election by written request to the board, with such request' being retained in the board's files. Option 1: Joint and last survivor option. The member may elect to receive a benefit during his lifetime and have 100 percent, 75 percent, 66.67 percent, or 50 percent of such benefit continued after his death to and during the lifetime of his spouse or a relative other than his spouse. The election of option 1 shall be null and void if the designated beneficiary dies before the member's benefit payments commence. Option 2: Life annuity. The member may elect to receive an increased benefit payable for life only, ceasing upon death. Option 3: Other. In lieu of the other optional forms enumerated in this section, benefits may be paid in any form approved by the board so long as actuarial equivalence with the benefits otherwise payable is maintained. If a police officer elects an option with a joint pensioner, he may chanqe said joint pensioner prio~ to retirement upon the approval of the board of the change as a new election. After retirement benef.~ have commenced, he may change the designated joint pensioner only.of the board corette and only if the previously designated joint pensioner is alive when the rec~uest for a change is filed. The consent of the previous designee is not required. The board may request such evidence of the qood health of th~i.~l.~!~!!i pensioner being removed as it deems necessary, and the amount of the retirement income payable to the officer upon the designation of a new joint pensioner shall be actuarially redetermined taking into account the ages and sex of the former and new joint pensioners, and the police officer. IfL followinq election of a joint pension but before retirement of the officer, the de~¢~,4 joint pensioner dies, the oDtion elected wii~ automatically canceled and a basic retirement will take effect unless a new election is mad~ accordance with this section prior to retiremens. - Section 4. That section 58-52 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 58-52. Finances and fund management. (a) Ail of the contributions and assets whatsoever attributable to the system shall be deposited to the fund. (b) The actual custody and supervision of the fund and assets thereof shall be vested in the board. Payments of benefits and disbursements from the fund may be made by the disbursing agent but only upon written authorization from the board. (c) The board shall be required to appoint a national or state bank with trust powers for the purpose of serving as custodian of the fund, and all assets of the fund shall be promptly and continually (1) (2) (3) 4) 5) 1) deposited therewith. In order to fulfill its investment responsibilities as set forth in this article, the board shall be required to retain the services of the custodian bank, an investment advisor registered under Investment Advisory Act of 1940, an insurance company, or a combination of these, for purposes of investment decisions and management. Such investment manager shall have full discretion in the investment of assets subject to limitation of this agreement and any guidelines as prescribed by the board. (d) Ail funds and securities of the system may be commingled in the fund, provided that accurate records are maintained at all times reflecting the financial composition of the fund, including accurate current accounts and entries regarding the following: Receipts and disbursements of the fund. Benefit payments. Ail cash investments realized and unrealized gains or losses whatsoever. Ail interest, dividends and capital gains (or losses) whatsoever attributable to contributions and deposits to the fund. Such other entries as may be properly required so as to reflect a clear and complete financial report of the fund. (e) The board shall have the following investment powers and authority: The board shall be vested with full legal title to the fund, subject, however, and in any event to the authority and power of the city council to amend or terminate this fund; provided that no amendment or termination shall ever result in the use of any assets of this fund except for the payment of regular expenses and benefits under this system. Ail contributions from time to time paid into the fund, and the income thereof, without distinction between principal and income, shall be held and administered by the board or its agent in the fund, and the board shall not be required to segregate or invest' separately any portion of the fund. (2) (3 (4) (5 (6 The fund may be invested and reinvested in such securities and other properties as allowed by Florida Statutes. , except those issued b~ foreign corporations, or p~operty, real or personal, whcrcvcr situated and whatever kind, as shall bc ~prove~-~y the beard including, but not limitc~ to, stecks, common or preferred, and be~Os, end other evidences of indebtedness or ownership. Thc b~rd is authorized to transfer, from timc to ~i~e~ to a eommen, co~ective, or pooled trust fund maintained by any ba~, all or such part of the fund under this articbe as thc board ma=f dccm adv~s~-a~ such par~ or all the fund so traasferred shall bc eubjcct te all of qhe term~ and pro~isions of such common, co~lcctivc, or poeted trust fund which contemplates the commingling for investment purposes ~f such trust asee~s with assets of other trusts. Thc boar~ is also a~thorizcd to withdraw from such common, cobtective or pooled trust fu~d, from ~imc t~ tLmc, all or such part of the fund as the board may dccm advisable. The board may retain in cash and keep unproductive of income such amount of the fund as it may deem advisable, having regard for the cash requirements of the system. No person shall be liable for the making, retention or sale of any investment or reinvestment made as provided in this article nor for any loss or diminishment of the fund, except that due to his own gross negligence, willful misconduct or lack of good. faith. The board may cause any investment in securities held by it to be registered in or transferred into its name as trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the fund. The board is empowered, but is not required, to: a. Vote upon any stocks, bonds or securities of any corporation, association or trust and to give general or specific proxies of power of attorney with or without power of substitutions; (7) (8) b. Participate in mergers, reorganizations, recapitalizations, consolidations, and similar transactions with respect to such securities; c. Deposit such stock or other securities in any voting trust or any protective or like committee with the trustees or with depositories designated thereby; d. Amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and e. Generally to exercise any of the power of an owner with respect to stocks, bonds, or other investments comprising the fund which it may deem to be in the best interest of the fund to exercise. The board shall not be required to make any inventory or appraisal or report of any court, nor to secure any order of court for the exercise of any power contained in this article. Where any action which the board is required to take or any duty or functions which it is required to perform, either under the terms of this article or under the general law applicable to it as trustee under this article, can reasonably be taken or performed only after receipt by it from a member, the city or any other entity, .of specific information, certification, direction or instructions, the board shall be free of liability in failing to take such action Or perform such duty or function until such information, certification, direction or instruction has been received by it. 9) Any overpayment or underpayment from the fund to a member or beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the board. Overpayment shall be charged against payments next succeeding the correction. Underpayment shall be made up from the fund. 10) The board shall sustain no liability whatsoever for the sufficiency of the fund to meet the payments and benefits provided for in this article. 11) In any application to or proceeding or action in the courts, only the city and the board shall be necessary parties, and no member or other person having an interest in the fund shall be entitled to any notice of service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. (f) Any of the foregoing powers and functions reposed in the board may be performed or carried out by the board through duly authorized agents, provided that the board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to the fund shall always remain in the board. Section 5. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. SEVEPJtBILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be pres%hmed that the City Council of the City of Sebastian did not intend to enact such unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance wJ~thout said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFF]~CTIVE DATE. effect upon adoption. This Ordinance shall take The foregoinq Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmeraber and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmeraber Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this 15th day of December, 1999. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Chuck Neuberger, Mayor Kathryn M. 0'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney