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HomeMy WebLinkAbout03302005HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH 30, 2005 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK '1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council- limit of five minutes per speaker 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY VICE MAYOR BURKEEN 3. MOMENT OF SILENCE 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-04-26) 6. PROCLAMATIONS~ ANNOUNCEMENTS~ PRESENTATIONS 05.079 1 O5.076 April 9t~, 2005 Arbor Day Proclamation Certificate of Appreciation to Charles Cardinale for Tree & Landscape Advisory Board Service 05.080 Certificate of Appreciation to Rich Bethune for Community Redevelopment Advisory Committee Service 05.080 Certificate of Appreciation to Wayne LeBeouf for Community Redevelopment Advisory Committee Service 05.056 E. City of Sebastian Audit Presentation by Representatives from Hoyman, Dobson & Co., P.A. 3-II 13-15 05.081 17-19 05.082 21-22 O5.O83 23-~ 05.034 25-34 O5.O84 35-37 05.085 39-41 05.080 43-52 05.086 53-55 9. CONSENT AGENDA Alt 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 separately. A. Approval of Minutes - Regular Meeting 3~9/05 B. Approval of Minutes - Special Meeting 3/14/05 Prior Authorization for City Council Registration and Travel to Institute for Elected Officials - Lake Mary, Florida - June 3-5, 2005 (City Clerk Transmittal 3/15/05, Info) Authorize the Purchase of Two Exacom Instant Recall Recorders and Associated Equipment from Communications International, Inc. for $6,263.50 Based on State Contract #725-001-01-1 for the Police Department (PD Transmittal 2/23/05, Quote) Approve the Expenditure of $19,745.00 for Eleven Automatic External Defibrillators for the Police Department from Medtronic Emergency Response Systems Based on State Contract #4653116PA (PD Transmittal 3/11/05, Quote) Authorize the Execution of Amendment 1 to the Boys & Girls Club Lease with the City of Sebastian (City Attorney Transmittal 3/23/05, Amendment) Authorize Staff to Enter Contract for Banking Services with Wachovia Bank for Three-Year Term with Two Optional One-Year Extensions (Finance Transmittal 3/23/05, Exhibits) COMMITTEE REPORTS/RECOMMENDATIONS Citizens Budqet Advisory Review Committee (City Clerk Transmittal 3/15/05, List) Community Redevelopment Advisory Committee (City Clerk Transmittal 3/15/05, O-04-05, Working Copy List, As-Is List) Temporary Environmental Research Committee (City Clerk Transmittal 3/15/05, R-05-11 ) PUBLIC HEARING - none. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of five minutes each speaker 2 11. OLD BUSINESS 05.018 A. First Reading Ordinance No. O-05-12 - Sale of Alcohol within Proximity 57-59 of Schools and Churches (City Attorney Transmittal 3/23/05, O-05-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CiTY CODE SECTION 10-1 CONCERNING SALE OF ALCOHOL WITHIN PROXIMITY OF SCHOOLS AND CHURCHES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE, 05.042 B. Association for Retarded Citizens and Historical Society Leases in Old City 61 Hall/Schoolhouse Building (City Attorney Transmittal 3/24/05) 12. NEW BUSINESS - none. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 05.087 A. Direction Re: Housing Reservations for Florida League of Cities Annual Conference August 18-20, 2005 at Orlando World Center Marriott Resort 16. CITY COUNCIL MATTERS A. Mr. Burkeen C. Mayor McCollum 05.088 i. City Council Member Liaison Appointments to Various Regional Boards 63-66 & Committees (Mayor's Recommendation, Blank List) 05.089 ii. Council Attendance at Indian River County Commission Meeting 6z (Schedule of Meetings) D. Mr. Neglia E. Ms. Coy F. Ms. Monier 17. ADJOURN (AII mee~ings shall adjourn at lO:30 pm unless exlended for up to one half hour by a rnajority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on A T & T Broadband Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTJMON¥ AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0f05 F.S,) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings: April 13, 2005 - 7.'00 p.m. - Regular Council April 27, 2005 - 7.'00 p.m. - Regular Council May 11, 2005 - 7.'00 p.m. - Regular Council May 25, 2005 - 7.'00 p.m, - Regular Council June 8, 2005 - 7:00 p.m. - Regular Council June 22, 2005 - 7.'00 p.m. - Regular Council July 13, 2005- 7:00 p.m. - Regular Council July 27, 2005 - 7:00 p.m. - Regular Council August 10, 2005- 7:00 p.m. - Regular Council August 24, 2005- 7:00 p.m. - Regular Council September 14, 2005- 7:00 p.m. - Regular Council September 28, 2005- 7:00 p.m. - Regular Council October 12, 2005- 7:00 p.m. - Regular Council October 26, 2005 - 7:00 p.m. - Regular Council HOME OF PELICAN ISLAND ARBOR DAY WHEREAS, IN 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this Holiday, called Arbor Day, was first observed with the planting of mom than a millior~ trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and ' WHEREAS, each state may designate a day on which to observe Arbor Day, and the State of Florida has chosen to observe Arbor Day on the third Friday in January, and; WHEREAS, the nation celebrates Arbor Day,on April 29th; iWtlEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate temperature, clean the air, pmduea oxygen and provide habitat for wildlife; and : WHEREAS, trees are a renewable resou~de, giving us paper, wood for our homes, fuel for fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas and beautify our commmfity, and wherever planted, are a source of joy and spiritual renewal. NOW THEREFORE, 1, Nathan B. McCollum, by virtue of the authority vested in me as Mayor of the City of Sebastian do hereby proclaim April 9, 2005 as "ARBOR DAY" and urge all citizens to support efforts to protect our trees and woodlands and support our City's urban forestry program; and further urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. IN WITNESS WHEREOF, I have heretmto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 30th day of March 2005. S r A,J o, CMO City Clerk Nathan B. MeCollum, Mayor 01~0~ fLORIDA, r 2. 3. 4. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 9, 2005 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor calted the regular meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Vice Mayor Barczyk. A moment of silence was held. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Lisanne Monier City CounciLAbsent: Councilmember Ray Coniglio (excused) Staff Present: Interim City Manager, Jim Davis City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Trace Hass Lieutenant Michelle Morris Regular City Council Meeting March 9, 2005 Page Two 05.049 05.049 05.070 3-12 05.071 13-29 FILLING OF COUNCIL VACANCY {City Clerk Transmittal 2/28/05) Take Fillinq of Vacancy from Table and Appoint March 8, 2005 One Year Electee to Fill Vacancy for the March 9, 2005 and March 14, 2005 Meet n.qs On MOTION by Mayor McCollum, and SECOND by Mr. Barczyk, filling of the Council vacancy was removed from the table and Sal Neglia was appointed to City Council for the March 9, 2005 Regular Meeting and the March 14, 2005 Special Meeting on a roll call vote of 3-0. B. Swearinq in by City Clerk and Seatinq of Member The City Clerk swore in Mr. Neglia and he took a seat on the dais. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of Cily Council members (R.04-26) Mayor McCollum requested addition of an item to the agenda under his matters to reschedule the March 23, 2005 regular meeting. On MOTION by Ms. Monier, and SECOND by Mr. Barczyk, the item was added to Mayor's Matters on a voice vote of 4-0. PROCLAMATIONS~ ANNOUNCEMENTS~ PRESENTATIONS A. Certificate of Appreciation to Ken Cosco for Code Enforcement Board Service The Mayor read and presented a certificate of appreciation to Mr. Cosco. CONSENT AGENDA All items on the consenl agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 2/23/05 Regular Meeting Authorize Mayor to Execute First Addendum to Interlocal Agreement Creating - Indian River Crime Laboratory Advisory Council (Police Chief Transmittal, Addendum) 2 Regular City Council Meeting March 9, 2005 Page Three 05.072 C. Resolution No. R-05-10 Revised Local Mitigation Strategy Plan (City Clerk 31-33 Transmittal, letter, R-05-10, Plan on CD and Laserfiche in Clerk's Office) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA APPROVING THE "2005 REVISED INDIAN RIVER COUNTY UNIFIED LOCAL MITIGATION STRATEGY PLAN", PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 05.073 D. Approve the City of Sebastian Relay for Life Team Fundraiser to Include 35-38 Door Charge and Alcohol at Community Center on April 16, 2005 from 6 to 10 pm With Requested Waiver of Rental Fee (Public Works Transmittal 3/1/05, Application, Rule) 05.074 E. Approve Work Authorization #5 for Donadio & Associates, PA in the Amount 3945 Not to Exceed $18,000 for Sebastian Yacht Club Architectural Services (Public Works Transmittal 2/28/05, Authorization) 05.075 F. Authorize Mayor to Execute COPS Secure Our Schools Award Agreement in 47-5~ the Amount of $32,616 and Administer the Grant on Behalf of the School District of Indian River County (Project Summary, School District Letter) Mr. Negiia removed item D. On a MOTION by Mr. Barczyk, and SECOND by Ms. Monier, items A-C and E-F were approved on a roll call vote of 4-0. Item D - Relay for Life Fundraiser Mr. Neglia asked if there would be cash prizes or door prizes and the City Clerk replied only door prizes. On MOTION by Mr. Neglia, and SECOND by Mr. Barczyk, item D was approved on a roll call vote of 4-0. 9. COMMITTEE REPORTS/RECOMMENDATIONS 05.070 53-66 Code Enforcement Board One Position (City Clerk Transmittal 3/1/05, Code, Two Applications, Ad, List) interview, Unless Waived, and Submit Nominations to Fill: a. One Regular Member Position to Expire 3/1/2008 (Preferably Real Estate) Regular City Council Meeting March 9, 2005 Page Four Mr. Barczyk nominated Hank Buchanan, and being no other nominations appointed to the regular member position. he was 05.076 67-80 Trees & Landscape Advisory Board Two Positions (City Clerk Transmittal 3/1/05, Code, Three Applications, List, Ad Interview, Unless Waived, and Submit Nominations to Fill: a. One Regular Member Position to Expire 4/112008 b. One Regular Member Position to Expire4/1/2008 c. Fill Alternate Position if Appropriate Mr. Barczyk nominated Lynn Albury and being no other nominations, she was appointed to the first regular member position. Ms. Monier nominated Marsha Fusco as the second regular member, and being no other nominations, she was appointed to the second regular member position. Monier nominated Nell Lagin for the alternate position, and being no other nominations, he was appointed to the alternate member position. 10. PUBLIC HEARINGS 05.048 95-97 B. 2nd Readin.q and Public Hearin.q on Ordinance No. O-05-11 Limitin.q Cars Parked on Residential Lots Overniqht (City Attorney Transmittal 2/13/05, O-05-11 ~ AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 98 TO LIMIT THE NUMBER OF CARS PARKED ON RESIDENTIAL LOTS OVERNIGHT; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read the title and the Mayor opened the public hearing at 7:08 p.m. Russ Owen asked if cars on lawns are allowed. The City Attorney said if the driveway is full, you can park in the right-of-way, on the shoulder, but not for a continuous period of time. Andrea Coy asked if more than four cars can be parked on paved driveways. In response to Mr. Owen, the City Attorney offered an author's amendment to subparagraph C to read "all vehicles parked on a residential lot between the hours of 2 am and 7am must be parked on a paved surface." 4 Regular City Council Meeting March 9, 2005 Page Five Brian Burkeen asked who would enforce this ordinance and the intedm City Manager responded that law enforcement would enforce. He then suggested Council pull this item. Vausta Kinney stated there are a lot of older houses with alternative driveways. The City Attorney noted that the emergency ordinance allowing RVs to be parked in front of lots because of the hurricanes is still in effect. The City Clerk read a letter from Nancy Veldt, 352 Banyan Street, objecting to the ordinance. Vausta Kinney reiterated there were a lot of houses without a paved driveway. Mayor McCollum closed the public hearing at 7:25 p.m. He said he would rather see this ordinance enacted after such time as the emergency ordinance is lifted. The Growth Management Director gave the definition of driveway within the code. Ms. Monier asked if people with special exceptions could register with the Police Department and the interim City Manager said his department does not have the authority to grant exceptions. The City Attorney read the definition of driveway, he said there have been several attempts at this type of enforcement, that Council knows what it wants to prevent but it is difficult to establish appropriate regulations due to varied situations such as car enthusiasts, illegal car lots, etc., and is very hard to enforce. On MOTION by Mayor McCollum, and SECOND by Mr. Neglia, the ordinance was postponed until May 11,2005, which will be after the hurricane allowances expire. Mr. Barczyk asked that staff bring back options with the input given tonight. 05.077 8'i-94 Quasi-Judicial Hearinq Resolution No. R-05-06 Sebastian Lakeview Estates Preliminary Plat Approval (GMD Transmittal 3/1/05, Plat, R-05-06, Staff Report, Applications, P & Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS SEBASTIAN LAKEVIEW ESTATES; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Regular City Council Meeting March 9, 2005 Page Six The Mayor opened the public hearing at 7:47 p.m,, the City Attorney read Resolution No. R-05-06 by title, there was no ex-parte communication reported and the Clerk swore in those who intended to offer testimony. Bruce Moia, Mosby and Associates, presented the preliminary plat. The Growth Management Director presented staff recommendation and responded to questions from Council relative to ingress and egress, objections to the wall, and a recommendation for trees rather than walls. Side I1, Tape I, 8:00 pm Mr. Moia said the reason for the wall is safety due to the large canal between the road and the subdivision. The Growth Management said he felt that he could work out something with the developer for a better design. Mr. Moia, said there are a number of different methods and will present some different proposals to staff. The Mayor opened the public input portion of the hearing at 8:10 p.m. 11. Russ Owen, Sebastian, suggested a berm instead of a wall. Vausta Kinney, asked what impact it would have on schools and the Growth Management Director said state law requires plan review by the School board. The City Attorney said in section 1 there should be an amendment as follows: In Section 1, approval is contingent on a decorative barrier other than a concrete wall which will be developed prior to final platting. On MOTION by Ms. Monier, and SECOND by Mayor McCollum, Resolution No. R-05-06 was adopted as amended and discussed on a roll call vote of 4-0. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which i~ not otherwise on the agenda - sign-up required - Iimi~ of five minutes each speaker Jayne Barczyk expressed her love and admiration for Mr. Barczyk who has served the residents of Sebastian for six years. Regular City Council Meeting March 9, 2005 Page Seven 12. 05.019 99-101 OLD BUSINESS A. Resolution No. R-05-11 Temporary Environmental Advisory Committe~ (City Attorney Transmittal 3/2/05, R-05-11 ) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FORMULATING TEMPORARY ENVIRONMENTAL ADVISORY COMMI'F['EE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 05.078 The City Attorney outlined the provisions of the resolution. On MOTION by Mayor McCollum, and SECOND by Mr. Neglia, Resolution No. R-05-11 was adopted. Advertisement will take place immediately and appointments will be made at the first meeting in April. B. Approve $2,399.72 Additional Funds to Cover the Balance of the Ancillary Costs for Relocatinq the Cain House (Public Works transmittal 2/24/05) The interim City Manager said additional funds are needed to complete the project. The Public Works Director concurred that the total cost will take the house off the beams and put it on the foundation. He said the additional cost is due to relocation of power and phone lines. Ms. Monier said there was grant money available to put this house in the historical district and said she will not spend taxpayer money to do this. On MOTION by Mr. Neglia, and SECOND by Mr. Barczyk, the additional funds were approved on a roll call vote of 3-1 (Monier- nay) 13. NEW BUSINESS - None 14, CITY ATTORNEY MATTERS The City Attorney praised the Sequoia Voting system used for yesterday's election. 15, CITY MANAGER MATTERS, None. Regular City Council Meeting March 9, 2005 Page Eight 16. CITY CLERK MATTERS Reported on the Special Meeting on Monday, March 14, 2005. 17. CITY COUNCIL MATTERS A. Ms. Monier None. B. Mr. Barczyk 18. Congratulated everyone elected and stated he would not be in attendance on Monday, March 14, 2005. The City Clerk wished Mr. Barczyk well and said he would be missed. C. Mayor McCollum 1. Reschedule the March23, 2005 Re.qular Meetinq Mayor McCollum requested that the March 23, 2005 Regular Meeting be rescheduled to March 30, 2005 due to his being away for a hurricane conference. On MOTION by Mayor McCollum, and SECONDED by Mr. Neglia, the rules were suspended to reschedule the March 23, 2005 meeting to March 30, 2005 on a voice vote of 4-0. Mayor McCollum gave Mr. Barczyk a gift and wished him well. D. Mr. Neglia Thanked Mr. Barczyk and all those who voted for him. E. Mr. Coniqlio Absent. Being no further business, Mayor McCollum adjourned the regular meeting at 8:40 p.m. Regular City Council Meeting March 9, 2005 Page Nine Approved at the Regular City Council Meeting. Mayor ATTEST: Sally A. Maio, MMC, City Clerk HOME OF PELICAN ISLAND DRAFT 2. 3. 4. SEBASTIAN CITY COUNCIL SPECIAL MEETING ELECTION MATTERS MINUTES MONDAY, MARCH 14, 2005 - 7:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McCollum called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Members Present: Mayor Nathan McCollum Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Sal Neglia City Council Members Elect Present: Councilmember Brian Burkeen Councilmember Andrea Coy City Council Absent: Vice Mayor Joe Barczyk (excused) Also Present: Interim City Manager, Jim Davis City Clerk, Sally Maio City Attorney, Rich Stringer Deputy City Clerk, Jeanette Williams Human Resources Director, Jim Sexton Special City Council Meeting March 14, 2005 Page Two DRAFT ELECTION MATTERS A. CURRENT CITY COUNCIL 1. Adopt Resolution No. R-05-12 - Certificate of Canvassinq Board The City Clerk read Resolution No. R-05-12 by title (see Resolution and Certificate of Canvassing Board attached) On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Resolution No. R-05-12 was approved on a roll call vote of 4-0. Mr. Coniglio expressed his appreciation for having served on Council. Mayor McCollum presented Mr. Coniglio with a gift and Mr. Coniglio reciprocated with a gift to Mayor McCollum. Mr. Coniglio, Mr. Neglia and Mayor McCollum left the dais at this time. NEW CITY COUNCIL 1. Investiture of Newly Elected Officials by the City Clerk The City Clerk swore in newly elected City Council members Brian Burkeen, Andrea Coy, Salvatore Neglia and Nathan McCollum. All took their places at the dais. Incumbent Mayor McCollum presented each of the new members with a gift of candy. 2. Election of Mayor Incumbent Mayor McCollum called for nominations for Mayor and Mr. Neglia nominated Mayor McCollum. There being no other nominations, Mayor McCollum was re-appointed Mayor to March 2006. 3. Election of Vice Mayor Mayor McCollum called for nominations for Vice-Mayor and Mr. Neglia nominated Mr. Burkeen. There being no other nominations, Mr. Burkeen was appointed Vice-Mayor to March 2006. Special City Council Meeting March 14, 2005 Page Three DRAFT CLOSING REMARKS BY COUNCILMEMBERSISTAFF The Intedm City Manager introduced Human Resources Director, Jim Sexton. Mr. Sexton advised City Council of his plan to present them with five individual packets of copies of City Manager applications/resumes, each representing one-fi[th of the field, for their review. He requested that once review of each packet is completed they be returned to him to rotate to the other four members, until each packet has been reviewed by each member of Council. He asked them to highlight their top picks on the master sheet in each packet, return the sheet with the packet to him, and the results will be consolidated for further review and ranking. Each newly elected City Council member thanked his/her supporters and pledged to serve them well. Ms. Monier expressed her wish for City Council to work for the good of the City. Being no further business, Mayor McCollum adjoumed the Special Meeting at 7:25 p.m. Approved at the Regular City Council Meeting. Nathan B. McCollum, Mayor Al-rEST: Sally A. Maio, MMC, City Clerk CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Prior Authorization for City Council Agenda No. (~_~. Registration and Travel to Institute for Elected Officials- Lake Mary, Florida - June 3-5, 2005 Department Origin: City Clerk Purchasing/Contracting: Finance Directo~. Approved for Submittal by: City Manager City Attorney: ~.. ~aL. ~r. Date Submitted: 3/'[5/05 4s'-vis v~. v For Agenda of: 3/30/05 ~xhibits: Conference info EXPENDITURE REQUIRED: AMOUNT AVAILABLE IN APPROPRIATION Estimated travel if all 3 new BUDGET: REQUIRED: members attend: $531.00 hotel, Travel: $ 9,578.00 $254.00 mileage, $246.00 food Training: $ 4,725.00 Estimated Training and Education (Registration) if all attend: $600.00 SUMMARY In accordance with R-04-39, City Council members are required to receive prior authorization for travel. The Florida League of Cities institute for Elected Municipal Officials will be held June 3 - 5, 2005 at the Lake Mary Hilton Garden Inn, Florida. So that we may begin to make travel arrangements we are asking for travel approval at this time for any City Council members interested in attending. Registration is due May 20, 2005. RECOMMENDED ACTION Move to authorize prior travel and registration approval for any City Council members who wish to attend the Florida League of Cities institute for Elected Municipal Officials will be held June 3 - 5, 2005 at the Lake Mary Hilton Garden Inn, Florida. Agenda June 3-5,2005 Marriott, Lake Mary Friday, June 3 8:00 a.m. -8:30 a.m. Registration 9:30 a.m. - 9:00 a.m. introductions 9:00 a.m. - 12:00 noon Structure and Functions of Municipal Government in Florida Lynn T[pton, Director of Membership Development Florida League of Cities 12:00 noon - 1:00 p.m. Group Lunch 'l:00 p.m. - ~i:30 p.m. Guest Speaker: Eric Story, Florida League of Cities ? 1:30 p.m.-4:30 p.m. How to Be an Effective Councilmember Marilyn Cmtty, Director John Scott Dailey FLorida institute of Government Univemity of Central Flodda Saturday, June 4 8:00 a.m. - 11:30 a.m. Taxes and Other Sources of Revenue Lee Feldman, City Manager City of Palm Bay 11:30 a.m. - 1:00 p.m. Lunch on your own 1:00 p.m. - 4:00 p.m. Budgeting and Accounting Rober~ Garner, CPA, CMA, CGFO The Government Consulting Services Group (GCSC) Sunday, June 5 8:00 a.m. - 10:00 a.m. Intergovernmental Challenges Lynn Tipton Florida League of Cities 10:00 a,m, - 12:00 noon Ethics: Undemtanding Government in the Sunshine John Hubbard, Attorney Dunedin 12:00 noon - Group Lunch 1:00 p.m. - 3:00 p.m. Conflict: How to Comply with Open Meetings and Open Records Laws 2005 Institute for Elected Municipal Officials Registration Form June 3 - 5, 2005 Hilton Garden Inn Lake Mary, Florida Please print or type. You may duplicate this form for additional registrations. (as you would like to appear on your certificate) Name: Elected Position: Mailing Address: Telephone #: Email: (as you would like to appear on name badge} tNickname: City/Town/Village: Zip: Fax #: Website: Registration Fee: $200.00 (includes lunch on Friday & Sunday) Registration Deadline: May 20, 2005 Make check payable to "University ofCentralFforida" and mail to: John Scott Dailey Florida Institute of Government University of Central Florida 36 West Pine Street, Suite 204 Orlando, Florida 32801-2612 Confirmations and directions to hotel will be mailed upon receipt of ti:ds form. For further registration information, please call the John Scott Dailey Florida Institute of Government, Umversity of Central Florida at (407) 317-7745 or SC 344-7745. The fax number is (407) 317-7750. Canceilations must be received and confmned in writing by Ma,/27, 2005 to ensure a refund. No-shows are not considered canceled and a refund will not be issued. If you are physically challenged and require special services, or ff you have special dietary needs, please send a written description of those needs with your IEMO registration. HOTEL INFORMATION To make your hotel resetwatinns, please call: Hilton Garden Inn Lake Mary 705 Currency Circle Lake Mary, Fi. 32476 (407) 531-9900 Please ask for the Institute for Elected Municipal Officials (IEMO) special rate of $59.00/night. Rate is available Thursday thru Sunday night. The IEMO begins Friday at 8:00 a.m. and ends Sunday at 3:00 p.m. If you need a late checkout on thc final day, please contact the hotel for availability prior to Sunday. HOTEL CUT-OFF DATE: May 19, 2005. Make Your Reservations TODAY! CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Purchase of Exaeom Instant Recall Recorder. Approved for Submittal by: Acting City Manage~ A. Davis AgendaNo. O5 0~'2. Department Origin: Police Department General Services Administrator: ~ F~ance Directo~ C~ty Attorney: ~ ~ ( /t City Clerk: , ~ Date Submitted: February 23, 2005 For Agenda of: March 30, 2005 Exhibits: Price Quote from Communications International Inc. AMOUNT BUDGETED: $6,263.50EXPENDITURE REQUIRED: $7,600.00 APpROpRIATION REQUIRED: -0- SUMMARY The Police Departrnem requests to purchase (2) Instant Recall Recorder Base Units, (2) Rack Mount Consol Control Modules and (2) Amplified Handset Adapters with beep tone. There are times in dispatch when there is a high volume of radio traffic, multiple phone lines are r'mging and there are citizens at the lobby window requesting assistance. During these times, it is impossible for the Communication Technician to comprehend all the radio transmissions from the Officers on the street. This equipment will allow the Communication Technicians to instantly replay the recent radio transmissions to assure that no information was lost dur'mg any busy times. This equipment is imperative for the safety of the Officer on the street. This equipment is available under a State of Florida contract. In October 23, 2001, the State of Florida entered into a twenty (20) year contract (State Contract No. 725-001-01-1 administered by the State Technology Office) with M/A-COM Wireless Systems, Inc. to develop and implement a Statewide Law Enfomement Radio System. The conlract allows all local governments to purchase, at the contract prices, product lines and accessories that will operate in the statewide system. M/A- COM Wireless Systems, Inc. indicates that orders to acquire their products have to be made through Communications International, Inc. of Vero Beach, their local Manufacturing Representative. The City's Purehas'mg Ordinance NO. 0-96-10 contains provisions to utilize State, Federal or other local government contracts for City purchases. RECOMMENDED ACTION Move to authorize the purchase of two (2) Exacom Instant Recall Recorders from Communications International Inc. for $6,263.50. OMMUNICATIONS INTERNATIONAL, INC. Indian River County~ FL - Corporate Headquarters 4450 US Highway 1, Vero Beach, FL 32967 561-569-5355 Toll Free: 1-888-275-4244 Brevard County~ FL Hollywood, FL Marianna, FL Princeton~ NC Tallahassee~ FL 321-636-9885 954-967-4349 1150-482-3107 919-936-9937 850-575-5004 Collier County~ FL Lynchburg~ VA Miami~ ]FL Tampa~ FL Volusia County~ FL 941-430-3892 434-845-3170 305-885-1585 813-887-1888 386-761-9999 Name: Sebastian Police Department Attention: Gloria Address: Phone: 772-589-5233 ext 8533 City, State: Sebastian FL Fax: Zip: Date: June 15, 2004 1 2 9000634 EARS-2000IR/3/320 EARS 3-CH Instant Racali $2,246.25 $4,492.50 Recorder Base Unit w/320 Ch-rain 2 2 9000637 EARS-2000IR/C EARS Consol Control Module $446.25 $892.50 5.25" x 19" Rack Mount 3 2 5000426 Amplified Handset Adapter wfoeep tone $119.25 $238.50 4 8 Installation/Labor $80.00 $640.00 Note Shipping & Handling Purchase Order To: COMMUNICATIONS INT'L, INC. [ Sub Total $6,263.50 4450 US Highway 1I Sales Tax Veto Beach, FL 32967 TOTAL $6,263.5C ~ Fax: 561-567-2292 Deposit All warranties are manufactures' warranties Balance Due $6,263.50 Ali orders are subject to shipping & handling charges and will be added to the Invoice Presented by Maureen Capp Proposal # ] MC0615041 Title District Sales Manager Prices in effect for 30 DAYS Accepted By CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Portable Defibrillators I Approved for Submittal by: City Manager Jam~ I~avis, Interim Agenda No. 0~, 0'~3 Department Origin: Police Chief of Pofice: General Services Administrator: Finance Director: ~'~. City Attorney: City Clerk: .~'~' Date Submitted: March 11, 2005 For Agenda of: March 30, 2005 Exhibits: Price Quote. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION Patrol Division -$19,745.00 $20,000.00 REQUIRED: -0- SUMMARY Medtronics Emergency Response Systems, Inc. is the only source from whichto obtainthe LIFEPAK defibrillators and they supply Automatic External Defibrillators to Law Enforcement Agencies. On February 15, 2005, Medtronics Corp entered into a one year cemract (4653116PA) with the State of Florida State for the LIFEPAK defibrillators, which allows alllocal governments to purchase, at the contract prices, product lines and accessories for LIFEPAK AED. The Police Department has been using these for several years and have saved several lives. Officers are often the first on an emergency scene and assist the County EMS when minutes count in a life or death situatiorr By purchasing these we will be able to have more in the field at a given time thus increasing the chance of saving a life for our citizens. Due to the age and maintenance of existing AED's, it is necessary to continue to replace them. The existing AED's are becoming outdated and are being replaced with modem lighter units. Technology is ever changing and the purchase of these will bring us up to date with the most cmt AED's. We have not replaced any of our existing AED's since the original purchase in July of 1998. The City's Purchasing Ordinance NO. 0-96-10 contains provisions to utilize State, Federal or other local government contracts for City purchases. RECOMMENDED ACTION ~ Move to approve expenditure o/'$19,745.00 for the purchase of eleven (11) Automatic Ext Defibrillators fxom Medtronic Emergency Response Systems. Medttonic Emergency Response Systems 11811 Willows Road NE P.O. Box 97023 Redmond, WA 98073-9723 U.S.A www.medtronic-ers.cem www.medtronic.com tel 800.442.1142 fax 800.732.0956 To: Ueutenant Greg Witt Sebastian Police Dept 1225 Main Street Quote~: Sebastian, FL 32958 Rev~: Phone: (772) 589-2512 Quote Date: gwitt@cityofaebastian.org Sales Consultant: FOB: Shipping: Terms: Contract: State of FL 1-29691939 1 03/01/2005 Susan Cote 800-442-1142 x 2485 Destination 30-45 Days Net 30, all quotes subject to credit approval and the following terms & conditions Exp Date: 04/3012005 1 81401-0000o'1 - LIFEPAK 500 AED, two-button 11 $2,995.00 $1,200.00 operation, ADAPTIV biphasio and accessories. Includes: Ship Kit with 2 Quik Combo/Redi-Pak, plus 1 Lithium Battery (Non-rechargeable) and 1 Soft Case. Compatible with InfantJChild Reduced Energy Defibrillation Electrodes. 5yr warranty. 2 26500-001011 - LIFEPAK 500 Setup I $0.00 $0.00 instructions, English $0.00 $0,00 $1,795.00 $0.00 $19,745.00 $0.00 SUB TOTAL ESTIMATED TAX ESTIMATED SHIPPING & HANDLING GRAND TOTAL PHcing Summary Totals List Pdce: ~Sta~e of FL Ccotmct~Discount: GRAND TOTAL FOR THIS QUOTE $19,745.00 $0.00 $19,745.00 $32,945.00 - $13,200.00 $19,745.00 TO PLACE AN ORDER, PLEASE FAX A COPY OF THE QUOTE/PURCHASE ORDER TO FAX # 800-732- 0956, A TTN: SALES SUPPORT. MEDTRONIC REQUIRES WRI'I-FEN VERIFICATION OF THE ORDER OR A PURCHASE ORDER. PLEASE CHECK ONE: __ PURCHASER HAS A PURCHASE ORDER SYSTEM. __ PURCHASER DOES NOT HAVE A PURCHASE ORDER SYSTEM AND THE UNDERSIGNED IS AUTHORIZED TO ACCEPT THIS ORDER ON THE TERMS AND PRICES QUOTED HEREIN. SIGN TO THE RIGHT: CUSTOMER APPROVAL (SIGNATURE) NAME TITLE DATE 3 City of Sebastian, Florida AGENDA TRANSMITTAL Agenda No. Subject: Boys & Girls Club lease amendment o5, Date Submitted: 3/23/05 For Agenda of: 3/30/05 SUMMARY: The Boys and Girls Clubs are finalizing arrangements for construction of the new facility behind City Hall. In order to close on the loan, there needs to be clarification as to the exact parcel of land to be leased and the required size of the facility. Since the amendment is underway, it was considered a good time to adjust the timeline of the lease to current dates. The surveyor for the Club is preparing the legal description of the land designated for the Club in the approved site plan for Friendship Park and it will be provided before the meeting. RECOMMENDED ACTION: Move to authorize execution of the First Amendment to the Boys & Girls Club Lease with the City. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: FIRST AMENDMENT OF LEASE BETWEEN CITY AND BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, 1NC. The CITY OF SEBASTIAN, a Florida municipal corporation, and the BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., a non-profit Florida corporation, hereby amend that certain Lease between the parties dated October 25, 2001 as follows: 1. The Preamble of said Lease, as well as Articles I, II and 1II, shall now read as set forth herein: The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this lease as "Landlord", hereby leases to BOYS AND GIRLS CLUB OF INDIAN IL!VER COUNTY, INC., a non-profit Florida corporation, referred to as "Lessee", those certain premises, referred to as the "Premises", lying and being in the county of Indian River, State of Florida, to-wit: See attached Schedule "A" UPON A FINDING of the City Council that operation of a Boys and Girls Club upon public lands constitutes a public use and benefit, and IN CONSIDERATION OF said public benefits and the payment of one dollar ($1) the receipt and sufficiency of which is acknowledged by the parties, the parties agree to be legally bound as follows: I. TERM The term of this lease shall be for a period of fifty (50) years, commencing at 12:01 A.M. on the 1st day of Apr/l, 2005 and ending March 3I, 2055. The parties shall renegotiate for an extension of the lease term upon a commitment by Lessee to undertake a major renovation of the facility during the life of the Lease. II. CONDITION; CONSTRUCTION OF FACILITY No later than December 31, 2005, Lessee shall obtain a building permit to construct on the Premises a youth center in the standard style of a Boys and Girls Club facility. Construction shall be in accordance with site plans that shall be approved in writing by the City Council, wkich approval shall not be unreasonably withheld, and Lessee shall be allowed to incorporate stormwater retention and parking for the Premises into the facilities to be constructed by Landlord in developing the surrounding City lands. The parties shall coordinate development of this overall site to maximize the efficiency of shared facilities. Phase I of said facility shall be completed no later than December 31, 2008. Further within ten (10) years from the date hereof, it is intended that additional phases creating a total facility size of no less than 20,000 square feet shall be completed. The time periods herein may be extended for good cause or for reasons beyond the control of Lessee. Failure to satisfy the conditions of this Article shall be grounds for termination of the Lease. III. RENT Lessee agrees to pay the Landlord as rent for the use and occupancy of the Premises the amount of $1 per year payable on the 1 st day of April each and every year commencing on April 1, 2005, at the Finance Department office of Landlord or such other place or places as Landlord may f~om time to time designate by whtt~n notice given to Lessee. Said amount may be prepaid. 2. All remaining prov/sions of the original Lease between the parties shall remain in full force and effect. EXECUTED on this __ day of March, 2005, at Sebastian, Florida. ATTEST: Sally A. Maio, CMC City Clerk Approved as to Foma and Legality for Reliance by the City of Sebastian only: CITY OF SEBASTIAN A Municipal Corporation es X. Davis, Inierim City Manager Rich Stringer, City Attorney BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., a non-profit Florida corporation By:. Its: NON-PROFIT LEASE The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this lease as "Landlord", hereby leases to BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., a non-profit Florida corporation, referred to as "Lessee", those certain premises, referred to as the "Premises", lying and being in the county of Indian River, State of Florida, to-wit: That area depicted as the "Boys and Girls Club" in the schematic plan for the Sebastian City Hall site attached hereto as Exhibit "A" UPON A FINDING of the City Council that operation of a Boys and Girls Club upon public lands constitutes a public use and benefit, and IN CONSIDERATION OF said public benefits and the payment of one dollar ($1) the receipt and sufficiency of which is acknowledged by the parties, the parties agree to be legally bound as follows: L TERM The term of this lease shall be for a period of fifty (50) years, commencing at 12:01 A.M. on the 1st day of November, 2001 and ending October 31, 2051. The parties shall renegotiate for an extension of the lease term upon a commitment by Lessee to undertake a major renovation of the facility during the life of the Lease. ~. CONOmON; CONSTRUCTION OF FACHATY Within five years of the date hereof, or within six months of having obtained minimum capital funding commitments in the amoum of one and one-half million dollars ($1,500,000), whichever occurs first, Lessee shall obtain a building permit to construct on the Premises a youth center of no less than 20,000 square feet in the standard style of a Boys and Girls Club facility. Construction shall be in accordance with site plans that shall be approved in writing by the City Council, which approval shall not be unreasonably withheld, and Lessee shall be allowed to incorporate stormwater retention and parking for the Premises into the facilities to be constructed by Landlord in developing the surrounding City lands. The parties shall coordinate development of this overall site to maximize the efficiency of shared facilities. Said facility shall be completed no later than seven (7) years from the date hereof. The time periods herein may be extended for good cause or for reasons beyond the comrol of Lessee. Failure to satisfy the conditions of this Article shall be grounds for termination of the Lease. HI. RENT Lessee agrees to pay the Landlord as rent for the use and occupancy of the Premises the amount of $1 per year payable on the 1st day of November each and every year commencing on November 1, 2001, at the Finance Department office of Landlord or such other place or places as Landlord may from time to time designate by written notice given to Lessee. Said amount may be prepaid. IV. USE OF PREMISES ' The Pre~vfises shall be used exclusively by Lessee for purposes associated with the traditional functions of a youth center in accordance with the standards of the Boys and Girls Club of America, and for no other use or uses without the express written consent of Landlord. During times not utilized by Lessee, it is anticipated that use of the facility will be occasionally provided to public or community groups for public uses consistent with the purposes of the facility. occasional or irregular use of the Premises by community groups shall not be deemed an assignment or sublease of this Lease. Lessee may sublet the Premises or any part thereof, or allow any other person to occupy or use the Premises or any part fl~ereof~ on a more regular basis with the prior written consent of Landlord. However, Lessee shall not commit or permit the commission of any acts on the Premises that, nor use nor permit the use of the Premises in any way that: (a) violates or conflicts with any law, statute, ordh~ance, or governmental role or regulation, whether now in force or hereinat~er enacted, goverr~g the Premises; or (b) constitutes the commission of waste on the Premises or the conm~ission or maintenance of a nuisance. V. ASSIGNM]gNT OR SIYBLEASI]51G Lessee may not assign, or otherwise transfer this lease, any right or interest in this lease, or any right or interest in the Premises without the prior express written consent of Landlord. A consent by Landlord to one assigmnent, subletting, or occupation and use by another person shall not require that consent be given to any such assigmnent to another. The consent of Landlord to any assigmnent of Lessee's interest in this lease or the subletting by Lessee of the Premises shall not be unreasonably withheld. VI, MAINTENANCE AND REPAIRS Lessee shall, at all times during the term of tlfis lease and any renewal or extension thereof} maintain, at Lessee's sole cost and expense, the Premises and every part of the Premises, in a good, clean, and safe condition, 9ce of pests. Lessee shall be responsible for the provision of all utility and other services to the Premises. Lessee hereby waives any right to make repairs to the Premises at the expense of Landlord as provided by any law or statute now or hereafter enacted. In the event that a situation in the reasonable judgment of the Landlord requires that irmnediate emergency repairs be per£ormed to any part of the Premises, Landlord may perfonu the same with Or without notice to Lessee, and Lessee shall reimburse Landlord in a timely maturer for reasonable expenses, h~curred thereby. VIL PERSONAL PROPERTY TAXES Lessee shall pay before they become delinquent all taxes, assessments, or other charges levied or imposed by any govenwaental entity on the furniture, trade fixtures, appliances, and other personal property placed by Lessee in, on, or about the Premises including, without limiting the generality of the other tetras used in this section, any shelves, counters, vaults, partitions, fixtures, machinery, equipment, office equipment, television or radio antem~as, or communication equipment brought on the Premises by Lessee. VIIL REAL PROPERTY TAXES All real property taxes and assessments levied or assessed against the Premises by any governmental entity, includkng any special assessments imposed on or against the Premises for the constmction er improvement of public works, shall be paid, before they become delinquent, by Lessee. Landlord shall provide Lessee with a conforming copy of all taxes and assessmants levied against the Premises at least tlfirty (30) days prior to the date of delinquency. IX. PROPERTY CASUALTY INSURANCE The Tenant shall at its sole cost procure and keep in effect standard policies of property casualty, fire and extended coverage insurance in an amount equivalent to the appraised value of. the improvements to the Premises. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of' the payment o£ the premium therefore and/or copies of' said policies. The Landlord shall have no obligation to keep the buildings and improvements on, nor any personal property used in connection with, the Premises insured. Any policy o£ insurance required pursuant to this Lease shall be issued by an insurance company authorized to engage in business in the State of' Florida and which has a rating of' at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. Such insurance shall contah~ a clause preventing cancellation o£ any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. In the event that the Tenant's use of the Premises causes any increase in the premium for any insurance maintained by Landlord on the Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. X. LIABILITY INSURANCE Lessee shall, at its own cost and expense, secure within 10 days and mah~tain during the entire term of this lease and any renewals or extensions of such term a broad form comprehensive coverage policy of public liability insurance issued by an insurance company acceptable to Landlord and insuring Landlord against loss or liability caused by or connected with Leasee's occupation and use of the Premises under this lease in amounts not tess than: (a) $200,000 for injury to or death of one person and, subject to such limitation for the injury or death to one person, of not less than $1,000,000 for injury to or death of two or mere persons as a result of any one accident or incident; and (b) $500,000 for damage to or destruction of any property of others; or (c) Such higher amount as may be set as the liability limits under the waiver of sovereign innnunity provisions of law for the occurrences described hi subsecticm (a) and (b), XI. DESTRUCTION OF PREMISES In the event the building and/or other improvements erected on the Premises m'e destroyed or damaged by fire or other casualty, the Landlord shall have no responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other hnprovements on the Premises. Tenant, at its option, shall either: 1. Cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, 2. If said damage involves an insubstantial portion of the P~emises, elect not to repair the damages to the Premises and continue in the Lease. 3. If said dmnage involves a substantial portion of the Premises, elect not to repak the damages to the Premises and terminate the Lease. (a) In the event the Tenant elects to repair and/or replace the building and other improvements on the Premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction. Provided, however, that all repaired and/or replaced building and other improvements are repaired/replaced ha a manner equal to or better than the building/improvement being repaired or replaced. (b) In the event the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the Premises, the Landlord shall be entitled to such portion of any insurance proceeds equal to its good-faith estimate of the cost to remove all remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting from said casualty. Landlord shall be entitled to said anaounts even if it decides to rehabilitate the improvements. Any remaining proceeds shall be the sole property of Tenant. XH. ALTERATIONS Lessee slmll not make or permit any other person, excepth~g Lessee's employees, agents, servants and contractors, to make alterations to the Premises without the prior written consent of Landlord. Should Landlord consent to the making of any alterations to the Premises by Lessee, the altemlions shall be made at the sole cost and expense of Lessee by a contractor or other person selected by Lessee and approved in wdth~g before work commences by Landlord. Any and all alterations, additions, or improvements made to the Promises shall on expkafion or sooner termination of this lease become the property of Landlord and remain on the Premises. XIIL INSPECTION BY LANDLORD Lessee stutll permit Landlord or Landlord's agents, representatives, or employees to enter the Premises at all reasonable times for the purpose of inspecting the Premises to determine whether Lessee is complying with the to,ms of this lease and for the purpose of doing other lawful acts that may be necessary to protect Landlord's interest in the Premises under this lease. XIV. ACTS CONSTITUTING BREACHES BY LESSEE Lessee shall be guilty cfa material default and breach of this lease should: (a) Lessee default in the performance of or breach any provision, covenant, or condition of this lease and such default or breach is not cured within thirty days after written notice thereof is given by Landlord to Lessee; or (b) Lessee breach this lease and abandon the Premises before expkation of the term. XV. LANDLORD'S RE1V~DIES FOR LESSEE'S DEFAULT Should Lessee be guilty of a material default and breach of tiffs lease as de,ed in this lease, Landlord, in addition to any other remedies given Landlord by law or equity, may terminate Lessee's right to possession of the Premises and recover and regain possession of the Premises in the rammer provided by the laws of the State of Florida. XVI. WAIVER OF BREACIt The waiver by Landlord of any breach by Lessee of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the stone or another provision of this lease. XVIL SURRENDER OF PREMISES On expiration or sooner termination of this lease, or any extensions, Lessee shall promptly surrender and deliver the Premises to Landlord in good condition, reasonable wear and tear excepted. XVIIL UNREMOVED TRADE FIXTURES Any trade fixtures that are not removed from the Premises by Lessee 30 days after tiffs lease's expkation or sooner termination, regardless of muse, shall be deemed abandoned by Lessee and shall automatically become the property of Landlord as owner of the real property to which they are affixed XIX. INDEMNITY Lessee shall indemnify and hold Landlord and the properly of Landlord, including the Premises, free and harmless from any and all liability, claims, loss, dmnages or expenses, including counsel fees and court costs, arising by reason of the death or injury of any person, including Lessee or any person wbo is an employee or agent of Lessee, or by reason of damage to or destruction of any property, includh~g property owned by Lessee or any person who is an employee or agent of Lessee, caused or allegedly mused by some act or omission on the Premises by Lessee or any employee, agent, invitee or servant of the Lessee, other than Landlord, or an employee or agent of Landlord. XX. NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager ' Tenant: Boys and Gkts Club of Indian River, Inc. P.O. Box 3068 Vero Beach, FL 32964 Attn: Executive Director provided, however, that either party may designate a different representative or address from time to thne by giving to the other party notice in writing of the change. EX]lgCUTED on thi~-Xday of October, 2001, at Sebastian, Florida. ATTEST: Sally A. M~io, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: CITY OF SEBASTIAN ~erren~R. Moore, City Manager Rich Stringer, City At~rney BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., a Florida non-profit corporatiolk By: Its: {Seal} EXHIBIT "A" EDWARDS S'IREET MAIN 5 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Banking Services Contract Approved fo,~ Submittal by: Jam.~. Da~'i~, I~teri-m-City Manager AgendaNo. 06~ D~q Department Origin: Fi_npnce- Finance Director: f--~., '--/~---~ Gen. Services Adn~inistrati~r: ~ City Attorney: ~ City Clerk: 3x._ Date Submitted: March 23, 2005 For Agenda of: March 30, 2005 Exhibits: · Exhibit A - Tabulation Form -Evaluation of Banking Services Proposals · Exhibit B - Comparison of Charges - Banking Services EXPENDrrURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: N/A REQUIRED: N/A N/A Not to exceed N/A SUMMARY On March 22, 2000, the City Council awarded a contract to SunTrust Bank for banking services for a pehod of three years with an option to extend for two additional one-year periods. The current contract expires at the end of March 31, 2005. In accordance with the City's Purchasing Procedures, sealed proposals for a new banking services contract starting April 1, 2005 were solicited on February 12, 2005. Five local banks responded end their proposals were publicly opened on March 4, 2005. An evaluation and selection committee consisting of the Mr. Jim Davis, Interim City Manager; Ms. Shai Francis, Director of Finance; Ms. Debby Kmeger, Assistant Director of Finance; Mr. Paul Wagner, General Services Administrator; and Jesus Vieiro, Buyer reviewed end evaluated the proposals in accordence with the criteria set forth in the accompanying evaluation sheet (Exhibit A) and determined that Wachov/a Bank submitted the best overall proposal. Wachovia Bank submitted the lowest charges/fees for banking services. The proposed charges/fees represent a savings to the City since they are approximately $11,000 lower than the current contract charges/fees with SunTrust Bank. In additica, Wachovia Bank offered the City en attrachve overnight investtnent rate, which generates interest daily based on the City's daily bank account balence. The new rote is over .30% higher than the current contract rate. The new banking services contract is for a three- year period with two optional one-year extensions. Accorchngly, Staff requests City Council approval to enter into a contract with Wachovia Bank to provide Banldng Services during a three-year term with two optional one-year extensions. Maximum five years. RECOMMENDED ACTION Move to authorize Staffto enter into a contract for banking Services with Wachovia Bank for a three-year term with two optional one-year extensions. Ill City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Citizens Budget Review Advisory Board Approved for Su~tnittal by:/~ ('~ City Manager._L_._~./J'J']~.,d.~ ~-.,Y-. ~/4~_.¢2¢--d/ Agenda No. ~.)5. O°~'~A, ~ Department Origin: City Clerk's Office~/~ Date Submitted: - For Agenda of: (~/30/05 City Attorney: City Clerk: Exhibits: List Amount Budgeted: Expenditure Required: Appropriation Required: SUMMARY STATEMENT In accordance with Section 2-221 - 2-223 of the Code, the City Council, at the first regular meeting after each election, shall appoint a Citizens' Budget Review Advisory Board composed of seven members. Each City Council member selects one appointee for two years and then the entire Council appoints two at-large members for one year. Council Member Monier's appointee will serve until March 2006. If for any reason this appointee cannot serve, a new member should be appointed. Council Members McCollum, Burkeen and Coy will each need to appoint a citizen to serve the length of their two-year terms to 2007. Council Member Neglia will need to appoint a citizen to serve the length of his one-year term to 2006. We would appreciate it if you would advise this office as soon as you make your selection and have the person visit us to fill out a board application for our records. A press release for applications for the two at-large member positions has been advertised. We will bring the formal appointment of all members back to you on April 13, 2005. The City Attorney has opined that a member of another permanent board may serve on this ad-hoc committee. RECOMMENDED ACTION No motion required at this time. Three new members should have appointees visit the Clerk's office to fill out application by Monday, April 4 in time for the April 13, 2005 agenda deadline. CITIZENS BUDGET REVIEW ADVISORY BOARD The Citizens Budget Advisory Review Board is comprised of 7 members, 5 of who are individual Council appointees, and 2 of who are appointed by Council at-large. The 5 members appointed by Council serve the same term two-year term as the Council member who appointed them and the 2 at-large members serve one year until the next election. MEMBER NAME AND APPOINTED BY TERM ADDRESS Leon Griffin Councilmember Reappointed 312003-312005 108 Melton Ave. Coniglio Sebastian, FI 32958 4/2002 - 312003 589-0983 Herbert Munsart Councilmember Reappointed 312003-312005 1464 Seahouse St. Barczyk Sebastian, FI 32958 4/2001 - 3/2003 589-3375 Linda Bethune Councilmember 374 Fleming Street Heptinstall 4/2004 - 3/2006 Sebastian, FL 32958 581-7270 Gene Rauth Councilmember 732 Cleveland Street McCollum Reappointed 312003-312005 Sebastian, FI 32958 4/2001 - 3/2003 388-9403 (elected 2003) Ed Seeley Councilmember Monier 4/2004 - 3/2006 697 Albatross Terrace at-large 3/2003 - 3/2004 Sebastian, FL 32958 581-5646 Richard S. Smith At-large Member Reappointed 312003-3/2004 787 Carnation Drive Reappointed 4/2002 - Sebastian, FI 32958 3~2003 388-6142 ; 4/2001 - 312002 Kenneth Albrecht At-targe Member 4/2004-4/2005 1359 Teaberry Lane Sebastian, FL 32958 589-4485 City Manager, is an ex-officio Member Board Secretary: Linda Lohsl CITIZENS BUDGET REVIEW ADVISORY BOARD The Citizens Budget Advisory Review Board is comprised of 7 members, 5 of who are individual Council appointees, and 2 of who are appointed by Council at-large. The 5 members appointed by Council serve the same term two-year term as the Council member who appointed them and the 2 at-large members serve one year until the next election. MEMBER NAME AND APPOINTED BY TERM ADDRESS Councilmember Burkeen 4/2005 - 4/2007 Councilmember Coy 412005 - 4~2007 Councilmember Neglia 4/2005 - 4/2006 Councilmember 412005 - 412007 McCollum Ed Seeley Councilmember Monier 4/2004 - 3/2006 697 Albatross Terrace (at-large 3/2003 - 3/2004) Sebastian, FL 32958 581-5646 At-large Member I 4/2005 - 4/2006 At-large Member 4/2005 ~ 4/2006 City Manager is an ex-officio Member Board Secretary: Linda Lohsl 84 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Information on Appointing Members to the Community Redevelopment Advisory Board Approved for Submittal by: City Manager Agenda No. OZ. ~C3 Department Origin: City Clerk's Office Purchasing/Contracting: Finance Directo~ City Attorney: ~- City Clerk: Date'Submitted: 3/15/05 For Agenda of: 3/30/05 Exhibits: 0-04-05, Working Copy List, As-is List EXPENDITURE REQUIRED: t AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY The following positions are available on the Community Redevelopment Advisory Committee: 1. Mayor McCollum's appointee to expire 4/1/2007. 2. Vice Mayor Burkeen's appointee to expire 4/1/2007. 3. Council Member Coy's appointee to expire 4/1/2007. 4. Council Member Neglia's appointee to expire 4/1/2006. 5. One city resident of the CRA district to expire 4/1/2007. no applicants at this time 6. One city resident from outside the CRA district to expire 4/1/2007. no applicants at this time 7. Sebastian Property Owner's Association Representative to be chosen at their 4/4/05 meeting and ratified by Council. Former members serve in an ex-officio capacity for one year after their term expiration. See attached working copy and as-is list for further clarification. RECOMMENDED ACTION If you have chosen someone as your appointee, please have them fill out a board application by April 4 for appointment at the April 13~h meeting. ~ ORDINANCE 0-04-05 AN ORDINANCE OF TIlE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CIIAPTER 78, ARTICLE III, .PI..4NNI~G: REDEVELOPMENT TO CREATE A COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WIIEREAS, the City has a Community Redevelopment Plan adopted in accordance with Florida law; and WIIEREAS, the City Council of the City of Sebastian designated itself as the Community Redevelopment Agency (CRA) for execution of said Plan; and WIIEREAS, the CRA is custodian of the Redevelopment Trust Fund, which it is obligated to budget and appropriate to implement the Commtmity Redevelopment Plan adopted by City Council; and WHEREAS, the City Council of the City &Sebastian determines that it would be in the public interest to have a permanent committee composed of laymen representing the diverse interests with a stake in the redevelopment district to advise the CRA in implementing the Plan and utilizing the Redevelopment Trust Fund; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TFLX, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section I. That Chapter 78, Article ~ of the CiO2 Code, City of Sebastian, Florida, PLANNING: Redevelopment, is hereby amended to create Section 78-36, to read as follows: Sec. 78-36. Establishment. The City Council of the City of Sebastian hereby estabhshes a Community Redevelopment Advisory Committee to assist the Community Redevelopment Agency (hereinafter called the "CRA") in the furtherance of the Sebastian Community Redevelopment Plan. Section 2. That Chapter 78, Article 11~ of the City Code, City of Sebastian, Florida, PLANNING: Redevelopment, is hereby amended to create Section 78-37, to read as follows: Sec. ?8~37. Panel Comnosition. The Committee shall be composed of eleven members, each being a resident of the city, or else being either a property owner within, or the owner of a business operating within, the Community' Redevelopment District, as follows: A. Each council member shall appoint a committee member at the first meeting of April following the election of that councilmember to office. B. Two members shall be the President of the Sebastian Property Owners Association (or his/her designee), and the Executive Director of the Sebastian River Area Chamber of Commeme (or his/her designee). C. There shall also be four additional committee members chosen by the city council as a body which shall represent one each of the following constituency groups: i. One realtor, attorney, financial professional or accountant; ii. One restaurateur, hotelier, water-related or tour/sm busineasperson; iii. One resident of the District; and iv. One resident from outside the District. In the event that no suitable applicants are available from a designated profession, an otherwise qualified at-large member may be appointed in their place. Section 3. That Chapter 78, Article ll/of the City Code, City of Sebastian, Florida, PLANN/NG: Redevelopment, is hereby emended to create Section 78-38, to read as follows: Sec. 78-38. Terms. Following appointment of the initial committee members, the members directly appointed by council members shall serve until the end of the term of that councilperson. The two committee representatives based upon residency shall serve until April 1, 2005, and thereafter these representatives shall be selected at the first scheduled city council meeting of April in odd numbered years. The two representatives based upon profession shall serve until April 1, 2006, and thereafter these representatives shall be selected at the first scheduled city council meeting of April in even-numbered years. Section 4. That Chapter 78, Article 1TI of the City Code, City of Sebastian, Florida, PLANNING: Redevelopment, is hereby emended to create Section 78-39, to read as follows: Sec. 78-39. Duties. The committee shall hold regular workshops and public hearings to formulate recommendations to the CRA for comprehensive policies and initiatives to implement the adopted community redevelopment plan. Based upon these policies and initiatives, the committee shall develop a recommended annual progrem for the CRA, including an operating and capital budget for the Redevelopment Trust Fund, and the corem/tree shall forward the seine to the CRA no later than July 15th O1e each year. Section 5. That Chapter 78, Article 1~ of the City Code, City of Sebastian, Florida, PLANNING: Redevelopment, is hereby emended to create Section 78-40, to read as follows: Sec. 78-40. Procedures. At the first regular meeting following appointment of new members in April of each calendar year, or at the first regular meeting thereafter, the comrmttee shall select a chairman and vice-chairman. The Committee shall adopt rules of procedure and a meeting schedule. Section 6. That Chapter 78, Article Vt o£ the City Code, City of Sebastian, Florida, PLANNING: Redevelopment, is hereby amended to create Section 78-41, to read as follows: Sec. 78-41. Ex-Officio members and staffing. The Chairman of the planmng & Zoning Commission shall be an ex- officio members of the committee. The City Attorney shall be counsel to the committee. The City Manager shall designate an employee as recording secretary to the committee and an official from the Growth Management Department to serve as staff liaison thereto. Section 7. CONTINUITY. To provide for continuity following establishment of the initial committee, any appointed committee member whose term ends in April 2005 that is not reappointed shall serve an additional year in an ex-officio capacity. Section 8. RESERVED. Sections 78-31 through 78-35 of the City Code shall remain reserved. Section 9. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 10. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 11. EFFECTIVE DATE. This Ordinance shall become effective immediately. The foregoing Ordinance was moved for adoption by Councilmember _Coniglio The motion was seconded by Councilmember __Monier and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk CounciLmember Ray Conigho Councilmember Lisanne Monier Councilmember Michael Hepfinstall __ay~ absent __aye. __ay~ __ay~ The Mayorthereupon declaxed this Ordinance duly passed and adopted this _12th_day of May, 2004. ATTEST: '*'~-~y A. Made, C City Cler~ CITY OF SEBASTIAN, FLORIDA By: ;/, ,l/~ ~ ,,~.-iy. Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian only: R/ch Stnnger, City A~.~o~ey bt~or'kin CoPv to be appointed Nate McCollum's Term to expire 41112007 appointee to be appointed Brian Burkeen's Term to expire 4/1/2007 appointee to be appointed Andrea Coy's Term to expire 4/1/2007 appointee (Rich Bethune was to be appointed Heptinstall's Term to expire 4/1/2006 appointee and resigned on 319/05) Sal Neglia's appointee Juliet Bruno Lisanne Monier's Appointed 6/23/04 appointee Term to expire 4/1/2006 Vero Beach, FL 32963 Warren Dill Realtor, attorney, Appointed 6123/04 725 Layport Drive financial Term to expire 4/1/2006 Sebastian, FL 32958 ~rofessional or 589-1212 accountant Damien Gilliams Restaurateur, Appointed 6/23/04 1623 US Hwy 1, Ste A-5 hotelier, water- Term to expire 4/1/2006 Sebastian, FL 32958 related or tourism 589-4378 businessperson to be appointed Resident of the Term to expire 4/112007 district to be appointed Resident from Term to expire 4/112007 outside the district Louise Kautenburg Alternate Appointed 6/23/04 973 Oswego Avenue Term to expire 4/1/2006 Sebastian, FL 32958 589-8823 I Beth Mitchell Ex. Director of Ratified 6/23/04 941 Carnation Drive Chamber of Sebastian, FL 32958 Commerce 388-1492 to be appointed by Sebastian Property Ratified Property Owners on Owner's 4/4/05 Association Designee Richard Smith Non-voting, Ex-0ffio Ratified 6123/04 787 Carnation Drive Chairman, City of Sebastian, FI 32958 Sebastian Planning 388-6142 & Zoning Commission ~fficio Meml: Tom Frame Joe Barczyk's Appointed 6/23/04 171 Pelican Island Place appointee Term to expire 4/1/2005 Sebastian, FL 32958 Ex-officio until 4/1/2006 581-9158 Patricia Jamar Ray Coniglio's Appointed 6/23/04 13650 77th Court appointee Term to expire 4/1/2005 Sebastian, FL 32958 Ex-officio until 4/1/2006 589-4713 Joe Graham Resident of the Appointed 6/23/04 805 Indian River Drive district Term to expire 4/1/2005 Sebastian, FL 32958 Ex-officio until 4/1/2006 32958 589-115O Wayne LeBeouf Resident from Appointed 6/23/04 392 Banyan Street outside the Term to expire 4/1/2005 Sebastian, FL 32958 district Ex-officio until 4/1/2006 388-9048 RESIGNED 3-15-05 CRA\Working Copy Chart.doc COMMUNITY REDEVELOPMENT ADVISORY COMMII'rEE Sal Neglia Nate McCollum's Appointed 6/23/04 461 Georgia Blvd. appointee Term to expire 4/1/2005 Sebastian, FL 32958 Ex-officio until 4/1/2006 388-5020 Tom Frame Joe Barczyk's Appointed 6/23/04 171 Pelican Island Place appointee Term to expire4/ll2005 Sebastian, FL 32958 Ex-officio until 4/1/2006 581-9158 Patdcia Jamar Ray Conigtio's Appointed 6/23/04 13650 77th Court appointee Term to expire 4./1/2005 Sebastian, FL 32958 Ex-officio until 4/1/2006 589-4713 Rich Bethune Mike Heptinstall's Appointed 6/23/04 374 Fleming Street appointee Term to expire 4/1/2006 Sebastian, FL 32958 581-7270 Juliet Bruno Lisanne Monier~s Appointed 6/23/04 appointee Term to expire 4/112006 Vero Beach, FL 32963 Warren Dill Realtor, attorney, ! Appointed 6/23/04 725 Layport Drive financial Term to expire 4/1/2006 Sebastian, FL 32958 professional or 589-1212 accountant Damien Gilliams Restaurateur, Appointed 6/23/04 1623 US Hwy 1, Ste A-5 hotelier, water- Term to expire 4/1/2006 Sebastian, FL 32958 related or tourism 589-4378 businessperson Joe Graham Resident of the Appointed 6/23/04 805 Indian River Drive district Term to expire 4/1/2005 Sebastian, FL 32958 Ex-officio until 4/1/2006 32958 589-1150 Wayne LeBeouf Resident from Appointed 6/23/04 392 Banyan Street outside the Term to expire 4flt2005 Sebastian, FL 32958 district Ex-officio until 4/1/2006 388-9048 Louise Kautenburg Alternate Appointed 6/23/04 973 Oswego Avenue i Term to exp re 4/1/2006 Sebastian, FL 32958 589-8823 Beth Mitchell Ex. Director of Ratified 6/23/04 941 Carnation Drive Chamber of Sebastian, FL 32958 Commerce 388-1492 Andrea Coy Sebastian Property Ratified 6123/04 333 Pineapple Street Owner's Sebastian, FL 32958 Association 388-0961 Designee Richard Smith Non-voting, Ex-0ffio Ratified 6/23/04 787 Camation Drive Chairman, City of Sebastian, FI 32958 Sebastian Planning 388-6142 & Zoning Commission Growth Management Dept. Staff Liaison - Jan King Recording Secretary- Susan Lorusso HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Information on filling positions on the Temporary Environmental Advisory Board Approved for Submittal by: Acting City Agenda No. 0 5 0 ~ (~ Department Origin: City Clerk Purchasing/Contracting: Finance Directo~ ~ C!tyAttorney:~- t // Clty Clerk: ~ Date Submitted: 3/1505 For Agenda of: 3/30/05 Exhibits: Resolution EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Resolution No. R-05-11 provides for council to each pick a member to serve on this committee in addition to two specialty at-large positions for which we have advertised. Application deadline is April 4th. Submitted applications may be reviewed at any time for Council Member appointment. All applicants must be Sebastian residents. The specialty positions to be considered as far as practical shall be: ONE MEMBER WITH A BACKGROUND IN ENVIRONMENTAL BASED SCIENCES OR REGULATION, SUCH AS AN ARBORIST OR CONSERVATION OFFICER TO EXPIRE 4/1/2007 and ONE MEMBER WITH A BACKGROUND IN DEVELOPMENT OR ENVIRONMENTAL- DEPENDENT BUSINESS SUCH AS COMMERGIAL FISHERMAN OR LANDSCAPER TO EXPIRE 4/1/2007 RECOMMENDED ACTION I£you have chosen someone as your appointee, please have them fill out a board application by April 4th for appointment at the April 13th meeting. RESOLUTION NO. R-0S-I 1 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FORMULATING TEMPORARY ENVERONM~NTAL ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. W~REAS, the City of Sebastian and the surrounding areas are experiencing rapid growth and development; and WHEREAS, the City de$ffes that the environment be ~rotected in an effective way that provides for the future but respects legiftraate private prope~y rights; and WI~REAS~ the City Council of the City of Sebastian determines that it would be in the public imerest to have a te~nporary committee o£ citizens to ad'Ase the City Council as it develops long-term policy on environmental matters; NOW THEREI~ORE, BE IT RESOLVED BY TI-IE COUNCIL OF TI~ CITY OF SEBASTIAN, as follows: Section I. ENVIRONMENTAL ADVISORY COMMITTEE ESTABLISHED. The City Council of the City of Seb~ian hereby establishes a Environmental Advisory Committee. The purpose of flae Col~ittee shall be to study issues, hear presentations and provide reconune~dations to City Council: PAs to environmer~al best management practices to be employed by the City in its own operations; PAs to preservation and protection policies to be gu~deline~ for dewlopment of future regulations; and PAs to initiatives and programs to be pur~ed on an intergovernmental basis. Membership on the Committee shall be through appointment by City Council Section 2. PANEL COMPOSITION. The Committee shall be composed of seven members. Each council member sh~l appoint a committee member at the flxst mee~ng of April each year, There shall also be two additional committee members chosen by the city council as a body which shall represent one each of the following constituency groups: ~ One member w~th a background in environmental-based sciences or regulation, such as an arborist or conservation officer; and P One member with a background in development or environment-dependent business, such as a commercial fisherman or lan~eaper. In the event that no suitable applicants ~re available from a designated constituency, an otherwise qualified at-large member may be appointed in their place. Section 5, PROCEDURES. The Committee shall hold its initial meeting at 6 p.m. on the first Wednesday following the initial appointment of its members, at which time it shall select a chairman, and shall thereafter set its own procedures and meeting mhedule. Section 4, TERM. This Committee shall automatically disband two years from the date of/ts establishment, or at such sooner date as established by subsequent resolution of thc City Council. Section 5. CONFLICTS. herewith are hereby repealed. Section 6. upon its adoption. All resolutions or parts of resolutions in conflict EFFECTIVE DATE. This resolution shall take effect immediately Thc foregoing Resolution was moved for adoption by HcCollum , The motion was seconded by Councilmembor Ne~lta bciag put to a rotc, the vote was as follows: Couucilmember and, upon Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Morner Councilmember Sa1 I~eglia aye aye aye The Mayor ~ereupon deulared this Re. solution duly passed and adopted tiffs 9~ day of March, 2005, CITY OF SEBASTIAN, FLOi~.FDA / l(~ayor Na~than B. McCollum Approved as to form and legality for reliance by the City of Sebastian only: City of Sebastian, Florida AGENDA TRANSMITTAL Agenda No. 06,, OI ~ Subject: Alcohol sales in proximity to churches/schools; CRAC recommendation & Chamber comment Date Submitted: 3/23/05 For Agenda of: 3/30/05 SUMMARY: On February 23rd the Council received the report of the Community Redevelopment Advisory Committee review of the issue of modifying the existing restrictions on the sale of alcohol in proximity to schools and churches; particularly in relation to legitimate restaurant establishments. Enclosed is the proposed code provision as recommended by the Committee. Council asked that this version be presented as a point of beginning for first reading.. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ORDINANCE NO. O-05-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 10-1 CONCERNING SALE OF ALCOHOL WITHIN PROXIMITY OF SCHOOLS AND CHURCHES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City has adopted a Comprehensive Growth Management Plan, a Community Redevelopment Plan, and other policies governing future development and redevelopment in the City; and WHEREAS, the ability of local governments to regulate the placement of churches and schools has been increasingly restricted by state and federal laws; and WHEREAS, restaurants are acknowledged as a focal point for redevelopment and economic development efforts; and WHEREAS, the lack of control over the location of these school and church facilities, in conjunction with restrictions on the sale of alcoholic beverages in proximity to such facilities, hinders the ability of the City to plan and control redevelopment and economic development; and WHEREAS, a limited modification of these restrictions will protect the public interest while allowing such desirable redevelopment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AMENDMENT. That section 10-1 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 10-1. Sales of liqtlor near churches and schools restricted. (a) It shall be unlawful for any person to sell alcoholic beverages at wholesale or retail from any building or establishment which is located within a distance of 450 feet from a church or school. (b) No permit or license shall be issued which allows the sale of alcoholic beverages to occur from any building or establishment which is located within a distance of 450 feet from any church or school. (c) The term "alcoholic beverages," as used in this section shall be taken to include the words "distilled spirits" and shall extend to and include all spirituous beverages created by distillation and by mixture of distilled beverages by what is commonly termed blending, and shall include beer, malt beverages or wine, as defined in the state beverage law. (F.£. ~~v..v.'~ r,~ w ..... ~v.~.,.~ The term "church" or "school" as used in this section shall have its commonly-understood meanina, but ~hall be limited to those establishments existin~ as of January 1. 2005. meetinz in a free-standine buildin~ in a single use site of a minimum size of one acre. (d) The restrictions contained in this section shall not apply to a person or establishment hold/rig a current and valid permit or license to sell alcoholic beverages in the city from its present location. (el Notwithstandin~ the restrictions of this section, restaurants with a minimum seatin~ canacitv of fifty (50) in which the sale of alcoholic beveraees constitll~e less than half of gross revenues shall be allowed to serve wine (but not "fortified wine" as defined in Florida Statutes~ and beer if located more than 200 feet from a church or school. (fl Measurements under this section shall be made in a straieht line from the main entrance of the vendor's bnildin¢ to the man entrance of the church buildin¢, or to the nearest nrot>ertv line for schools. Section 2. CONFLICT. All code provisions in conflict herewith are repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invahd, the remainder of the Ordinance shall not be affected and it shall be presumed that the City did not intend to enact such invalid provision. It shall further be assumed that the City would have enacted the remainder of this Ordinance without said invalid provision, thereby causing the same to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall be effective upon passage. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Vice-Mayor Councilmember Councilmember Councilmember The Mayor thereupon declared this Ordinance duly passed and adopted this __ ., 2005. day of CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk By: Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian, Florida OFFICE OF TttE CrI ATTOt E¥/ j AGENDA TRANSMITTAL Agenda No. Subject: Non-profit leases for Old Schoolhouse; Date of occupancy SUMMARY: Date Submitted: 3/24/05 For Agenda of: 3/30/05 Initial negotiations with the Historical Society had provided that the Old City Hall would not be occupied until after renovations were completed trader the pending grants. As the work under these grants continued to be delayed, prior management agreed to allow occupancy upon vacation of the building by City personnel. Kecent inspections of the building have led staff to believe that this was a mistake and that occupancy during renovations would be hazardous. Staffhas toured the site with representatives of both the Historical Society and ARC, and they understand and concur with these concerns. RECOMMENDED ACTION: Authorize modification of the proposed leases with ARC and the Historical Society to provide that they will occupy the building after completion of renovations to the Old Schoolhouse structure. REVI]gWED BY CITY CLERK: ~~ AUTHORIZED PLACEMENT ON AGENDA BY CIT~ MANAGER: ~ Page 1 of 2 Jeanette Williams From: Sent: To: Cc: Sally Maio Monday, March 21,2005 12:13 PM bburkeen@comcast.net; soscoy@earthlink.net; lisannemonier@yahoo.com; saliayneg@aol.com Rich Stringer; Jim Davis; Jeanette Williams; nathanmccollum@bellsouth.net Subject: FW: Committee Assignments To City Councilmembers - this e-mail is sent at the request of Mayor McCotlum. Please review the suggested appointment information only and do not respond to it at this time. The item will be on the March 30, 2005 City Council meeting agenda and you will have an opportunity to respond at that time. Thank you - Sally ..... Original Message ..... From: Rich Stringer Sent: Monday, March 21, 2005 12:07 PM To: Sally Maio Subject: RE: Committee Assignments Ok ... so long as it is one-way with no responses. ..... Original Message ..... From: Sally Halo Sent: Monday, March 21, 2005 8:44 AM To: Rich Stringer Subject: FW: Committee Assignments Is this ok to forward to Council members? This is a first for me. Let me know asap. Sally ..... Original Message ..... From: nathanmccollum@bellsouth.net [mailto:nathanmccollum@bellsouth.net] Sent: Sunday, March 20, 2005 11:48 AM To: Sally Halo Cc: .idavis@cityofsebastian,org; Richard Stringer Subject: CommiU:ee Assignments Ptease distribute this e-mail to all Councilmembers and make available per Florida Sunshine Law. I am suggesting the following committee assignments for the 05/06 Council: Beach and Shore Preservation Committee: Member-Nathan McColium, Alternate-Andrea Coy Committee For A SustainabLe Treasure Coast: Meetings are ending-No assignment Council of Public Officials: Committee has been terminated by the Board of County Commissioners Economic Development Council: Member-Lisanne Monier, Alternate-Nathan McCollum Emergency Services District Advisory Committee: Member-Sal Neglia, Alternate-Andrea Coy Land Acquisition Advisory Committee: Member-Andrea Coy, Alternate-Sal Neglia Indian River County Hospital District Planning Advisory Committee: Member-Brian Burkeen, Alternate- None Needed Indian River County Parks & Recreation Committee: Member-Jayne Barczyk, Alternate-None Needed Metropolitan Planning Organization (MPO): Members-Nathan McCollum, Brian Burkeen, Alternates-Sat Neglia, Lisanne Monier PubLic School Planning Agreement: Member-Nathan McCollum, Alternate-None Needed Sebastian River Area Chamber of Commerce: Member-Lisanne Monier, Alternate-Brian Burkeen~ 3/24/2005 Page 2 of 2 Tourist Development Council: Member-Lisanne Monier, Alternate-Nathan McCollum Treasure Coast Council of Local Governments: Member-Andrea Coy, Alternate-Brian Burkeen Treasure Coast Regional Planning Council: Member-Sal Neglia, Alternate-Nathan McCollum Treasure Coast Regional Airport Noise and Flight Training Working Group: Member-Sal Neglia, Alternate-Andrea Coy These assignments will be on the March 30, 2005, Council agenda. During this item, Council we be able to change committee assignments as needed. I simply wanted to give Council time to review my suggestions before March 30, 2005. Thanks very much, Nathan McCollum 3/24/2005 SEBASTIAN CITY COUNCIL MEMBERS - LIAISONS TO COUNTY AND REGIONAL BOARDS March 2005 BEACH AND SHORE PRESERVATION COMMITTEE (indian River County) Current Member: Alternate: Location: County Admin Bldg. - 1840 25th Street, Vero Beach, FL - 1st Floor Conf. Room A 3r~ Monday of Each Month - 3 pm Secretary: Rata Smith, IRC Commission Office - 226-1440 COMMITTEE FOR A SUSTAINABLE TREASURE COAST Current Member: Location: Indian River Community College Chastain Campus 2400 SE Salerno Road Stuart, FL 34997 Coordinator: Angela Grooms - (954)762-5269 COUNCIL OF PUBLIC OFFICIALS: (indian River County) Current Member: Alternate: Secretary: Vicki Phillips, IRC Commission Office - 226-1447 Location: County Admin Bldg. - 1840 25th Street, Vere Beach, FL - 1st Floor Conference Room A 3rd Wednesday of Month - 10:00 a.m. - Except June, July, August and December ECONOMIC DEVELOPMENT COUNCIL: (Indian River County) Current Member: Alternate: Secretary: Darcy Vasilas, IRC Commission Office - 226-1442 Location: County Admin Bldg. - 1840 25th Street, Vero Beach, FL - 1st Floor Conference Room Quarterly - 2"d Tuesday @ 4 pm EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE: (Indian River County) Current Member: Alternate: Secretary; Rata Smith, IRC Commission Office - 226-1440 Location: County Admin Bldg. - 1840 25th Street, Veto Beach, FL - 1st Floor Conference Room A Meetings are held as needed LAND ACQUISITION ADVISORY COMMITTEE: (indian River County) Current Member: Alternate: Secretary: Rata Smith, IRC Commission Office- 226-1440 Location: County Admin Bldg. - 1840 25th Street, Vero Beach, FL-lst Floor Conf. Room A 4th Wednesday of Month-1:30 pm INDIAN RIVER COUNTY HOSPITAL DISTRICT PLANNING ADVISORY COMMITTEE: (Hospital District) Current Member: Staff Contact: Karen Deigl - 770-0935 Location: Indian River Memorial Hospital INDIAN RIVER COUNTY PARKS & RECREATION COMMITTEE: (indian River County) Current Member: Jayne Barczyk Alternate: VACANT Secretary: Rata Smith, IRC Commission Office - 226-1440 Location: County Admin Bldg. - 1840 25th Street, Vero Beach, FL-lst Floor Conf. Room A First Thumday of Month at 10:00 a.m. METROPOLITAN PLANNING ORGANIZATION (MPO): (Indian River County) Current Membem: M PO Citizen Advisory Committee: Herbert Munsart (1), Deryl Seemayer (2) MPO Technical Adv Committee: Tracy Hass, Growth Management Director*, alternate Dave Fisher, City Engineer Terry Hill, Public Works Director Jason Milewski, Airport Director MPO Bikepath Adv. Committee: Rich Wetherald (Bike Depot) Secretary: Location: Vicki Phillips, IRC Commission Office - 226-1447 County Admin Bldg, - 1840 25th Street, Veto Beach, FL - 1st Floor Conf Room A MPO- 2nd Wednesday of each month - 10:00 am CAC - 1s~ Tuesday of month - 2 pm TAC - as needed PUBLIC SCHOOL PLANNING AGREEMENT (Indian River County) Elected Officials Oversight Committee Current Member: Secretary: Darcy Vasilas - 226-1442 Location: County Administration Building Time: Meets 2"° Friday of April each year SEBASTIAN RIVER AREA CHAMBER OF COMMERCE: Current Member: (City Manager) Alternate: Location: Chamber of Commerce Office - 700 Main Street - Sebastian Time: 3rd Thursday of Month - 8:00 am TOURIST DEVELOPMENT COUNCIL: (Indian River County) Current Member: Alternate: Secretary: Damy Vasilas, iRC Commission Office - 226-1442 Location: County Admin Bldg. - 1840 25th Street, Vero Beach, FL - Commission Chambers Meets quarterly TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional) Current Member: Chairman: Secretary: Location: Time: Alternate: Frannie Hutchinson St. Lucie Co. Liz Martin (772)462-1451 St. Lucie Administration Bldg. 2300 Virginia Avenue, Room 3 Ft. Pieme, FL 34982 First Wednesday of Month - 10:00 a.m. TREASURE COAST REGIONAL PLANNING COUNCIL: (Regional) 301 East Ocean Boulevard, Suite 300, Stuart, Florida 34994 Current Member: Alternate: Location: Ramada Inn 1200 S. Federal Hwy. Stuart Send correspondence to: 301 East Ocean Boulevard, Suite 300, Stuart, FL 34994 Time: 3rd Friday of Month - 9:30 A.M. (call ahead for any changes) Contact: Liz Gulick Phone: 772-221-4060 Suncom: 269-4060 Fax: 772-221-4067 E-Mail: admin@tcrpc.org INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 2005 MEETING DATES 004, 2005 - 9:00 a.m./ 2005 - 6:00~. March 29, 2005 - 9:00 a.m. April 5 2005 - 9:00 a.m. April t2, 2005 - 6:00 p.m. April 19, 2005 9:00 a.m. May 3, 2005 - 9:00 a.m. May 10, 2005 - 6:00 p.m. May 17, 2005 - 9:00 a.m. May 24, 2005 - 9:00 a.m. June 7, 2005 - 9:00 a.m. June t4, 2005 - 6:00 p.m. June 21, 2005 - 9:00 a.m. July 5, 2005 - 9:00 a.m. July 12, 2005 6:00 p.m. July 19; 2005 - 9:00 a.m. August 2, 2005 - 9:00 a.m. August 9, 2005 - 6:00 p.m. August 16, 2005 - 9:00 a.m. August 23, 2005 - 9:00 a.m. September 6, 2005 - 9:00 a.m. September 13, 2005 - 6:00 p.m. September 20, 2005 - 9:00 a.m. October 4, 2005 - 9:00 a.n~ October t 1, 2005 - 6:00 p.m. October 18, 2005 - 9:00 a.m. November 1, 2005 - 9:00 a.m. November 8, 2005 - 6:00 p.m. November 15, 2005 - 9:00 a.m. November 22, 2005 - 9:00 a.m. December 6, 2005 - 9:00 a.m. December 13, 2005 - 6:00 p.m. December 20, 2005 - 9:00 a.m. Revised January 18, 2005