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HomeMy WebLinkAbout10262005 01V OF ....-. . . ... . - .-..;.;: HOME OF PELICAN ISlAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 26,2005 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the Regular City Council Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was led by Council member Neglia. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Chief of Police, Jim Davis Public Works Director, Terry Hill Growth Management Manager, Jan King MIS Systems Analyst, Barbara Brooke Regular City Council Meeting October 26, 2005 Page Two 5. 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-05-26) Mayor McCollum requested addition of an item under his matters entitled "hurricane debris removal." Vice Mayor Burkeen requested the addition of an item under his matters entitled "Council of Public Officials." On MOTION by Mr. Burkeen and SECOND by Ms. Coy, the items were added on a voice vote of 5-0. 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS 05.080 A. 05.019 05.208 1 05.209 3 05.210 5 Certificate of Appreciation to Louise Kautenbera for Community Redevelopment Advisory Committee Service Not present. B. Certificate of Appreciation to Adrina Davis for ITemporaryl Environmental Advisory Committee Service Not present. C. Proclamation - 2006 Relay for Life - Purple Thursdays - Jamie Lunsford, North Indian River County Relay for Life Chair Acceptina Mayor McCollum read and presented the proclamation to Jamie Lundsford, the 2006 Chairperson. D. Proclamation - National Philanthropy Day - November 15. 2005 Mayor McCollum read and presented the proclamation to Tracy Henkus, Marketing Director, United Way and Dick Van Mele of Sebastian, Philanthropist of the Year. E. Proclamation - National Hospice Month - November 2005 Mayor McCollum read and presented the proclamation to Sharon Broome, President of VNA Hospice of Indian River County. 2 Regular City Council Meeting October 26, 2005 Page Three 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. 7-18 A. 05.211 19-25 05.212 27-28 05.213 29-35 Approval of Minutes - Regular Meeting 10/12/05 B. Approve Piggy-back Purchase of 2006 One Ton Chevy Silverado 4 x 4 from Alan Jay Chevrolet Cadillac, Inc. in the Amount of $33,914 in Accordance with Terms of Florida Sheriffs Assoc. Bid Award 04-12-0823 (Public Works Transmittal 1 0/14/05, Quote, Announcement) C. Approve Piggy-back Purchase of Scag Zero Turn Turf Tiger 52" Mower from Florida Outdoor Equipment, Inc. in the Amount of $7,626.40 in Accordance with Terms of Florida State Contract #515-630-03-1 (Public Works Transmittal 10/14/05, Quote) D. Approve Purchase of Toro Infield Pro 5020 with Rahn Infield Groomer Attachment from Wesco Turf Supply in the Amount of $13,318.00 in Accordance with Terms of Florida State Contract #515-630-03-1 (Public Works Transmittal 1 0/12/05, Quote, Info) Mr. Neglia removed item B. Ms. Coy removed item D. On a MOTION by Mr. Neglia, and SECOND by Mr. Burkeen items A and C were approved on a roll call vote of 5-0. ItemB Mr. Neglia questioned the increased cost from the previous fiscal year, and the Public Works Director briefly responded that the need existed for the upgrades, that $35,000 was approved for the 2006 fiscal year budget and this was coming in under that amount. The City Manager reported that future budgets will better address capital items; and said he and the City Attorney were working on new procurement procedures that will be more user friendly and tie in with Florida Statutes and offer a 3% local preference. 3 Regular City Council Meeting October 26, 2005 Page Four In response to Mr. Neglia, the City Manager explained that if each upgrade were bid out, the expense might be greater due to the administrative costs of each separate bid. On a MOTION by Mr. Neglia and SECOND by Mr. Burkeen item B was approved on a roll call vote 5-0. ItemD In response to Ms. Coy, the Public Works Director explained the need for the upgraded equipment, and said the life of the machinery was approximately ten years. On a MOTION by Ms. Coy and SECOND by Mr. Neglia item D was approved on a roll call vote of 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 05.214 37-44 A. Police Retirement Pension Board (City Clerk Transmittal 10/17/05, FS185.05, Applications, Board Member List, Ad) i. Interview Unless Waived, Fill Two Civilian Positions to Expire 10/1/2007 Mayor McCollum said one of the current members had submitted application after the deadline and asked the City Clerk if Council needed to take any action to consider it. The Clerk responded that Council can do whatever it wants to do in regard to committee member appointments. City Council interviewed Mr. Taracka. Position One Mr. Neglia nominated Mr. Taracka, and being the only nomination, Mr. Taracka was appointed to position one. Position Two Ms. Monier nominated Jim Sexton, and being the only nomination, Mr. Sexton was appointed to position two. 4 Regular City Council Meeting October 26. 2005 Page Five 9. PUBLIC HEARING 05.186 A. Second Readina and Adoption Hearina - Ordinance No. 0-05-19 Eminent Domain (under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO LIMIT THE ABILITY OF CITY TO UTILIZE EMINENT DOMAIN FOR ECONOMIC DEVELOPMENT PROJECTS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title and the question as follows: Shall the City of Sebastian amend the City Charter to add the following provision? "The City shall not use the power of eminent domain for a project having a sole purpose of transferring rights in the properties acquired to a private party in pursuit of economic development." Ruth Sullivan objected to the language due to possible abuse. The City Attorney explained the purpose of the wording to City Council. Ms. Sullivan suggested sticking to basics and that people have the right to benefit from their property. Jim Weber, said he was against any eminent domain actions by this council. The Mayor pointed out that by changing the charter, future councils would not be able to use eminent domain either. Warren Dill, said Council may do a disservice to property owners because land owners in threat of condemnation have two years to reinvest their money without paying taxes; and recommended that Council wait to see what action the State Legislature takes. Side II, Tape I, 8:02 pm Mayor McCollum said it was his intent to protect citizens of Sebastian, there is no guarantee the State will take action, and felt it was the duty of Council to approve this ordinance and let the voters decide. He said he would agree with removing the word "solely". Mr. Burkeen agreed with removal of the word "solely". The City Attorney suggested at least using the word "primarily", which would satisfy concerns. He said Council would subject itself to claims if it went to none. 5 Regular City Council Meeting October 26, 2005 Page Six Discussion took place about limiting the City's ability to lease its interests to another entity such as the lease agreements for youth leagues at Barber Street Sports Complex. Ms. Coy said she would not support the City pursuing any property unless it is an absolute need such as roads, etc. and not parks. Ms. Monier said she understood and agreed with the City Attorney's explanation. Ms. Coy asked if the words "shall not" could be underlined so they will stand out. Mr. Neglia agreed with the word "primarily" being in the question and he asked if "any" could be added. Ms. Coy pointed out that would eliminate it. On a MOTION by Ms. Coy, and SECOND by Mr. Neglia, Ordinance No. 0-05-19 as amended - removing the word sole and underlining "shall not" on the ballot with the approval of the Supervisor of Elections. The City Attorney said it should be "the" purpose and Ms. Coy agreed. Ms. Coy withdrew her motion and restated that "shall not" be underlined, if allowed by the Supervisor of Elections and eliminated "a sole" and incorporated the word "the" in the ballot question. On MOTION by Ms. Coy and SECOND by Mr. Neglia, the restated motion passed on a roll call vote of 4-1 (Monier - nay). Mayor McCollum called recess at 8:19 p.m. and reconvened the meeting at 8:25 p.m. All members were present. 05.193 45-56 B. Appeal to Plannina and Zonina Commission - Gables at Sebastian Site Plan (City Attorney Transmittal 9/26/05, Hauck Letter, GMD Staff Report) Mayor McCollum advised the public that there is no general public input allowed. Joe Hauck, presented his appeal to the site plan approval, and requested that a cul-de-sac be required. He also discussed a culvert and was advised that he must stay to the original appeal issues. 6 Regular City Council Meeting October 26, 2005 Page Seven Attorney Bruce Barkett, representing the applicant, said the site plan is consistent with the City's code, and a letter from Indian River County Fire Rescue that states they have no problem with the roads and the applicant does not intend to change its site plan. The Growth Management Manager said the letter from IRC Fire Department was received bye-mail, and there were no objections from the City's Engineers. The City Attorney said Council should disregard Mr. Hauck's comments about the Post Office because that was not presented at the Planning and Zoning meeting and tonight's appeal must strictly relate to the Planning and Zoning meeting. Mr. Burkeen asked about whether there were any discussions about ambulances or garbage trucks at the Planning and Zoning meeting and the Growth Management Manager said she did not recall any discussions. Mr. Burkeen said in an emergency, it is very difficult to back up a fire truck, and if there is anything that can be done it should be. Ms. Coy said she was concerned and requested input on alternatives. Mr. Barkett pointed out that Council should not set policy at this time and asked Mr. Schulke to point out turn around points on the plan. Joe Schulke briefly addressed Council exhibiting the site plan. Ms. Coy said as long as the site plan has been approved and meets the code, there is not much Council can do. Mr. Neglia said his concerns were garbage trucks and fire trucks backing out, and ambulances getting out quickly. Mr. Schulke said the road is 20 foot wide, adding 4 feet of Miami curb, and 10 feet access easement on one side and 15 feet on the other, totaling 51 feet of access easement, and that tenants would have the right to park in the easement. Ms. Monier questioned calling them "access easements" when they are not truly access easements. She suggested that something be put in the 7 Regular City Council Meeting October 26, 2005 Page Eight deed restrictions that they have to keep the access easements open for people turning around. Mr. Schulke said the site plan is meeting the County's length threshold for backing up. Ms. Coy asked that these roads clearly be marked "dead end". Mayor McCollum said no letters have been received from Indian River County EMS, police, or Waste Management. He asked if the developer had any objection to protecting the public health, safety and welfare. Mr. Barkett said he does not oppose protecting the public health, safety and welfare, but does object to changing an approved site plan this late in the game. The City Attorney said when an access easement exists on a driveway it is clear that the primary use is as a driveway and secondary use is easement. He then read from Land Development Code Section 54-3-10.4, and noted that Council can adopt specifications for driveways by resolution. He read further and advised that standard traffic factors to be considered are emergency vehicles which if claimed not to be satisfied, would not look good in court because of the letter from the Fire Department and the City Engineer's sign-off. Mr. Burkeen clarified he did not like dead end streets. On MOTION by Mr. Burkeen, and SECOND by Mr. Neglia, Council upheld the approval of the site plan application on a roll call vote of 5-0. Mr. Neglia said the City Engineer and the Planning and Zoning Commission missed this and should have caught it. 10. 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 Damien Gilliams said Ms. Monier's comments after the last Planning and Zoning meeting defamed him and the Baptist Church, and she was caught on tape by Mr. Holmes by a pocket recorder that was not turned off after the meeting. 8 Regular City Council Meeting October 26, 2005 Page Nine 11. OLD BUSINESS 05.215 A. Discussion of Community Redevelopment Advisory Committee (no backup) The City Manager said discussions have been held relative to the Community Redevelopment Advisory Committee, and reiterated his recommendation that Council consider eliminating the Advisory Committee and consider three options as follows: 1. Have Council continue as the CRA. 2. Have Council appoint a separate body. 3. Have Council act as CRA with two citizen appointees. Ms. Coy agreed with adding two more people to the ranks of the Council as the CRA. She suggested a private property owner and a business owner. Mr. Neglia stated he served on the committee and realized first hand the difficulty in accomplishing anything and agreed with Ms. Coy's recommendation. Ms. Monier said she agreed with adding two members but asked that they be from the CRA district because the citizens were already represented by Council. Mayor McCollum said the committee was just too big, but perhaps it is time to disband this committee, but was not in favor of adding two people to the current CRA. He said Council has to select the two people and that would make it political again. He said nothing precludes anyone from coming before Council at any time to discuss issues. Mr. Burkeen said the selection process would be political and agreed with keeping it as the current Council. Side I, Tape II, 9:15pm The City Attorney quoted Florida Statutes indicating appointees would have four- year terms and would be residents or business owners of the district. On MOTION by Mr. Burkeen, and SECOND by Ms Coy, Council abolished the Community Redevelopment Advisory Committee and assigned its responsibility back to the CRA on a roll call vote of 5-0. The City Attorney said this would require action by Council. It was noted that an ordinance created the committee, therefore, the City Attorney stated they could suspend the committee's activities until an ordinance abolishing them is adopted. 9 Regular City Council Meeting October 26, 2005 Page Ten 12. NEW BUSINESS 05.216 A. PDMNet Aareement (under separate cover) The City Manager reported that a leasee had gone out of business and PDMNet resumed their spot on the City's tower and had not paid rent since August 2004. Mayor McCollum objected paying for the ladder for their use. Mr. Burkeen also objected paying for the ladder, and asked if $500 is an average lease rate. The City Manager said it is less than the average market but their equipment is smaller and there is room for more leasees. Mr. Burkeen said he would like to see a higher rate. Mr. Neglia said perhaps it could be an annual contract. On MOTION by Mr. McCollum and SECOND by Ms. Coy the agreement was approved with a term of one year for a monthly rate of $500, the vendor will pay the $6,300 past rent due and the City will not pay for the ladder on a roll call vote of 5-0. 13. CITY ATTORNEY MATTERS The City Attorney invited the public to the Clam Bake. The City Attorney advised on people being illegally taped if someone is taping a meeting, and does not have permission of people sitting around them. 14. CITY MANAGER MATTERS The City Manager said Hurricane Wilma has been declared an emergency in categories A and B at this time. He said police expenditures have been documented, will be working hand in hand with Waste Management for the 72 hour period after the hurricane for yard waste debris collection; after the 72 hour period he will meet with department heads and determine what collections they will continue with. He said there are power issues and with that spoiled food, and the City will iron out some issues with Waste Management to pick them up. Mayor McCollum said there will be spoiled food and asked Council to give the City Manager direction to get with Waste Management to have them pick up all spoiled food for all city residents. The City Manager said he gave them approval to extend their time by one hour through November 4th. 10 Regular City Council Meeting October 26, 2005 Page Eleven On MOTION by Mayor McCollum and SECOND by Ms. Coy the City Manager was directed to contact Waste Management and advise them to pick up all residents' household waste through November 4th on a roll call vote of 5-0. The City Manager continued his report on power outages, minor damage to City properties and stated the City will continue to work and look for reimbursement of damage. 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS A. Mr. Neglia Mr. Neglia said Bellsouth is telling people their phones may be out until November 23rd; reported that the transfer stations are open 2417; asked people to loan out their generators if they no longer need them; his November 12th meeting will be from 11 a.m. to 12 noon instead of 10 a.m. to 12 noon. B. Mayor McCollum Hurricane Debris Removal This item had been addressed. He said fuel is plentiful from Orlando north; said he is spending 16 hours per day with FPL and they are working hard, advising that the impacts to Indian River County is actually damage in St. Lucie County to a substation, many parts of Sebastian is getting power from Brevard. He said 80% of the county will have power as soon as the substation is fixed which may be as early as tomorrow. He said damage estimates are nearly $20 billion for Wilma and described the extreme damage to south Florida. C. Mr. Burkeen Council of Public Officials Mr. Burkeen reported on his attendance at the COPO meeting, and there was discussion of making it a county-wide level and then perhaps at a regional level under Florida League of Cities; and would require a monetary commitment from Sebastian at about $250 per year. 11 Regular City Council Meeting October 26, 2005 Page Twelve Ms. Coy questioned the need because the City is already a member of the FLC receiving benefits. Mayor McCollum explained this might be more of a regional lobbying group. Mr. Burkeen suggested that more research be done by way of Mr. Neglia's future attendance to the meetings. On MOTION by Mr. Burkeen and SECOND by Mr. Neglia Council added the issue of dead end streets to the agenda on a voice vote 5-0. Mr. Burkeen suggested a resolution be brought back to establish specifics for dead end streets, radius to accommodate emergency vehicles and delivery trucks such as UPS and FedEx. On MOTION by Ms. Coy and SECOND by Mr. Burkeen Council directed the City Attorney to bring back a resolution on a voice vote of 5-0. D. Ms. COY Ms. Coy reported that her phone is out; she is leaving on vacation; and will not able to meet with public on November 7th. E. Ms. Monier On MOTION by Ms. Coy and SECOND by Mr. Neglia the addition of travel authorization to the FLC Excellence Awards Banquet was approved by a voice vote 5-0. On MOTION by Ms. Coy and SECOND by Mr. Burkeen, travel and dinner expense for FLC Cities of Excellence Awards Banquet was approved on a roll call vote of 5-0. 17. Being no further business, Mayor McCollum adjourned the Regular Meeting at 10:08 p.m. ~r~41~- 12 CIIl'CI ~~ HOMI or PIUCAN ISlAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: First Reading of Ordinance No. 0-05-23 - Abolishing Community Redevelopment Advisory Committee Agenda No. 05.~' 5 Deparbnent Origin: City Clerk Y- Date Submitted: 1117/05 Approved for Submittal by: AI Minner, City Manager Sally Maio, City Clerk Exhibits: None Expenditures Reauired Budaeted Amount Remainina: Appropriation Reauired: SUMMARY STATEMENT City Council, at its October 26, 2005 Regular Meeting, approved a motion to abolish the Community Redevelopment Advisory Committee and reassign its responsibilities back to the CRA (Council). In accordance with the advice of the City Attorney, an ordinance is presented for first reading to accomplish the repeal of CRAC language from the Code of Ordinances. RECOMMENDED ACTION Pass Ordinance No. 0-05-23 on first reading and schedule a second reading and public hearing for December 14, 2005. ORDINANCE 0-05-23 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 78, ARTICLE m, PLANNING: REDEVELOPIIENT TO ABOUSH THE CONNUNrTY REDEVELOIWENT ADVISORY CONNrrTEE; PROVIDING FOR CONFUCTi PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Oty Coundl of the Oty of Sebastian designated itself as the Community Redevelopment Agency (CRA) for execution of the City of Sebastian Community Redevelopment District Plan; and WHEREAS, the CRA is custodian of the Redevelopment Trust Fund, which it is obligated to budget and appropriate to implement the Community Redevelopment Plan adopted by City Coundl; and WHEREAS, a Community Redevelopment Advisory Committee was established by ordinance in 2004 to advise the CRA on implementing the Plan and utilizing the Redevelopment Trust Fund, however, the Oty Council of the City of Sebastian has detennined that it would be in the public interest for the CRA to consider and make those detenninations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNDL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 78-36 of the Oty of Sebastian Code of Ordinances is hereby repealed in its entirety. 5_ 18 3&. E8IBlllishmeR" The CIty CEM:lneil at the Oty at Sebastian hereby establishes a CeMRu:lnity ReEte'.'elepMeRt AEMsef~; CoMMittee te assist the CoMMunity ReElevelepMeRt Agent"'f (hereinafter called t:f:le "CRA j in the fuRheroncc of t:f:le Sebastian ComMunity ReElevelepMent Plan. Section 2. That Section 78-37 of the City of Sebastian Code of Ordinances is hereby repealed in its entirety. 5_ 18 37. PaRel Cemp8sili8R. The CoMmittcc shall be e8Mf385CEt at e1e.'cl'l meMbers, eaef:t being a r-csiEtent af the dty, or clse being eithcr a preperty 8lJJAer withil'l, or the ev:ncr of a business operating wit:f:lin, t:f:le CoMMunity ReEte\'elapMeRt Disffitt, as follows: A. Each council mcmbcr shall appoint a e8MMittee MeMber at thc first meeting at A,3ril following thc election of that e8uneilMeMBer to officc. B. T'A'6 Fflembers sl=tall be the PresieeRt of the SeoosaaR Pml3erty OWRers A55edatiaR (ar his/her desigRee), aRe the ~ec~~ DiFecter of the ScoosaaR Ri'ter Area ChaFflber of CeFflFflefCe (or his/her desigRee). C. Ther'C shall also be fal:lr aElditiaRal oofftfftittce FfleFflbers ChaseR By the city ml:lRdl as a batty which sl=tall rcl3FeSCRt ORe cadi of the falloWiRg cORsatueRty 9F8l:1l3S: i. ORe realtor, attomey, fiRaRcial pmfcssioRal or accel:lRtaRt; ii. ORe restal:lmteur, hotelier, water relateEI or tol:lrism bl:lsiAes5I3CFSeA; iii. ORe FeSideRt of the District; aAd it;. 0f'Ic resideRt froFfl outside the District. IA the eveRt that Ra sl:Iitable aPl3licaRts are w/ailable froFfl a desigAated I3refe3sisR, aR otherwise (;Il:IalifieEI at la~e FfleFflber FflW" be appoiRtee iA their place. SectIon 3. That Section 78-38 of the Oty of Sebastian Code of Ordinances, is hereby repealed in its entirety. See. 78 38. TePIIIs. FallowiRg al3l38iAtFfleRt of the iAitial mFflFflit:tee FfleFflbers, the FfleFflbers dircdl-y al3l*JiAteEI 13',. ml:lRdl FfleFflbers shall serve l:IRtil the eRd of the teFfft of that eOl:lAcill3erseA. The 1;\".'8 e8FflFflittee FeI3FeSeAtatives Ba5eEll:Il*JR R:SideRcy shall serve uAtiI AlJril 1, 2e95, aRd thereafter these rel3FOeRtatives shall be selected at the first schedl:lled city ml:lRcil FfleetiRg of AlJril iA add Rl:IFflbeFeEI ycars. The tl:/6 rel3FeSeAtBtives I3ased l:Il*JR flf6fe3sisR shall seF\'C l:IAtiI AlJFiI 1, 2006, aRd thereafter these reflFeSeRtatives shall be seleeted at the first scheEll:lled city ool:lRcil FfleetiRg of AlJril iR eYeR Rl:IFflbered ';ears. Section 4. That Section 78-39 of the City of Sebastian Code of Ordinances is is hereby repealed in its entirety. See. 78 39. Duties. The CfJFflFflit:tee shall hold regl:llar weFk;AOI35 aRd I3l:1blie hcaFiAgs to fafffll:llate FeeeFflFfleRdatioRs to the CRA far e8FflI3FeheRSive I*Jlides aAd iRitiatives to iFfl131eFfleRt the adoJfttd e8FflFfll:lAity FeElevelOI3FfleAt I3laR. Based l:Il38R these I38lides aFu:l iAitiat:ives, the CfJFflfftitte, shall d~~lol3 a FeE6FflFflCREIeEt aRRl:Iall3F9gFaFfl far the CRA, iRcll:IdiRg aR ol3CratiR9 aRd cal3ital bl:ldget far the R~e1oreeAt TRISt Fl:IAd, aRd the CfJFflFflit:tee sl=tall farward the saffle to the CRA RO later thaR Jl:Ily 1~-ef each '{car. Section 5. That Section 78-40 of the Oty of Sebastian Code of Ordinances is hereby repealed in its entirety. See. 78 48.. Pl'eeeIlIlPeS. At the first Fegl:llar meetiAg fellewiAg aJ3~iMmeAt af AC\V memBers iA April of eaeh ealeAElar year, ar at the first Fegl:llar meetiAg thereafter, the eemmittee shall :;elm a maiffftaA aAd "life maiffftaA. The eemmittee shall adaJ3t A:lles of J3f6E:eEll:lFe aAa a meetiAg sehool:lle. Section 6. That Section 78-41 of the City of Sebastian Code of Ordinances is hereby repealed in its entirety. See. 78 41. EK Gllieie IllelllIJeIS BRd stalli.... The ChaiffftaA at the PlaAAiAg &. ZeAiAg eemmiS5iaA shall be aA Q( effida memBers at the eeRlmittee. The City Attemey shall Be ml:lAsel te1:he mmmittee. The City MaAagcr shall desigAate BA emJ3leyee as reeeFEJiAg seaeta~; te1:he oommittee aAa aA effidal fFem 1:he Cr=evJt:h MaAagemeAt Dej3aRmCAt te sefVe as staff liai58A'1:herete. Section 7. RESERVED. Sections 78-31 through 78-35 78-41 of the Oty Code shall remain reserved. Section 8. CON FUCT. All ordinances or parts of ordinances in mnflict herewith are hereby repealed. Section 9. SEVERABILITY. In the event a murt of mmpetent 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 Coundl of the Oty 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 10. EFFECTIVE DATE. This Ordinance shall become effective immediately. 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 Nathan B. McCollum Vice-Mayor Brian Burkeen Council member Andrea Coy Councilmember Usanne Monier Councilmember Sal Neglia The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of December, 2005. em OF SEBASTIAN, FLORIDA By: Mayor Nathan B. McCollum AlTEST: Approved as to form and legality for reliance by the Oty of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, Oty Attorney .. . HOME Of PEUCAN ISlAND AGENDA TRANSMITTAL Subject: Agenda No. O~.;U lJ ( Department Origin: City Attorney: City Clerk: Date Submitted: F or Agenda of: ~ PDMNet Agreement Exhibits: EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY A communications company called PDMNet verbally agreed to tenns, which would allow them to connect cellular type communications antennas to the Communication Tower immediately north of the Police Station. This agreement was never fonnalized. As a result the City has not collected rent for our tower space. Last month, I met PDMNet and am requesting that the Council fonnalize the tenns which were discussed. The initial tenn of the lease requires PDMNet to pay $450.00 per month for the period their equipment has been attached to our tower without payment. This period ran for 14 months, beginning August 2004 through September 2005 for a total of $6,300.00. The next part of the agreement requires monthly rent for as long as PDMNet uses the tower. It requires a monthly rent of $500 per month beginning October 1, 2005 and adjusts upwards by $50 every October 1 st, until reaching a total of $700 per month on October 1, 2009; thereby, brining the contract into the optional renewal periods on October 1, 2010. At this time, the tenant shall have the option to extend the lease for an additional (5) year tenn. During said extension period the base rent shall increase from its then current rate by the amount of the consumer price index available at that time. As part of this agreement, the City also agrees to contribute a maximum of $3,500 towards the installation of a ladder type structure that will reach the top of the antenna, enabling vendors (Verizon & PDM Net) to safely maneuver to their specific locators. If the cost of constructing the ladder structure exceeds $3,500, PDM Net agrees to contribute the balance. RECOMMENDED ACTION Staff recommends approval of the PDMNet Agreement as written by the City Attorney attached hereto. TOWER SPACE LEASE AGREEMENT THIS AGREEMENT is made this day of October, 2005, between CITY OF SEBASTIAN, a Florida municipal corporation, whose address is 1225 Main Street, Sebastian, FL 32958, hereinafter designated LESSOR, and PDMNet, INC., with offices at 658 Old Dixie Highway, Vero Beach, Florida 32962, hereinafter designated TENANT. RECITALS: LESSOR is the owner of certain real property located at 1201 Main Street, Sebastian, Indian River County, State of Florida, improved with a communications tower and TENANT has previously occupied space on said tower and desires to lease space on said tower; NOW, THEREFORE, in consideration of a sum of FIVE HUNDRED Dollars ($500.00), paid by TENANT to the LESSOR, constituting the first month's rent which TENANT will provide upon its execution of this Agreement, the LESSOR hereby grants to TENANT the right to continue to occupy and lease the space atop the Police Communications Tower at 1201 Main Street, Sebastian, Florida, for the term and in accordance with the covenants and conditions set forth herein: 1. This Agreement shall be for an initial term of five (5) years beginning on October 1, 2005 at an initial monthly rental of FIVE HUNDRED Dollars ($500.00) to be adjusted annually as set forth below, plus applicable taxes, to be paid on the first day of the month, in advance to City of Sebastian or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. On each October 1 st of the initial term, the annual rental shall be adjusted upwards by fifty dollars ($50) over the amount for the prior year. 2. TENANT shall make a one-time payment for past use in the amount of SIX THOUSAND THREE HUNDRED Dollars ($6,300) to LESSOR no later than November 30, 2005. 3. TENANT shall have the option to extend this lease for one additional five (5) year term, and such extensions shall automatically occur unless TENANT gives LESSOR written notice of its intention not to extend this Lease Agreement at least six (6) months prior to the end of the current term. 4. If TENANT extends the lease at the end of the initial term, LESSOR shall determine the value of the lease payments as adjusted by changes in the Consumer Price Index from October 1, 2005 to September 1, 2010. If the inflation-adjusted amount exceeds the then current lease rate by more than fifty dollars, the adjusted amount shall become the base rental amount for the extended term. Otherwise the base rental amount for the extended term shall be the prior year payment plus fifty dollars. On each October 15t of the remainder of the extended term, the annual rental shall be adjusted upwards by fifty dollars ($50) over the amount for the prior year. 5. TENANT shall use the Property solely for the purpose of placement of a wireless internet antenna in a location and of a size as currently in place. TENANT may at its discretion modify its antenna structure, however, any increase in the size and weight of the antenna shall require written approval of the LESSOR TENANT will maintain the Property in a reasonable condition. 6. Upon receipt of the funds set forth in paragraph 3, above, LESSOR shall contract for the placement of a ladder-type device on the tower structure no later than May 1, 2006, to allow improved access by the occupants. Upon receipt of estimates or bids, LESSOR shall invoice TENANT for any costs in excess of THREE TIlOUSAND FNE HUNDRED Dollars ($3,500), which TENANT shall promptly pay to LESSOR or the requirement that LESSOR install the ladder shall be waived. Other than installation of the ladder, all improvements shall be at TENANT's expense. 7. TENANT shall indemnify and hold LESSOR harmless against any and all claims of liability or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Property by the TENANT, its servants or agents. 8. LESSOR agrees that TENANT may self-insure against any loss or damage which could be covered by a commercial general public liability insurance policy. 9. TENANT shall be responsible for making any necessary returns for and paying any and all property taxes separately levied or assessed against its improvements on the Property. TENANT shall reimburse LESSOR as additional rent for any increase in real estate taxes levied against the Property which are directly attributable to the improvements constructed by TENANT and are not separately levied or assessed against TENANT's improvements by the taxing authorities. 10. TENANT upon termination of this Agreement, shall, within a prompt and reasonable period remove its personal property and fixtures and restore the Property to its original condition, reasonable wear and tear excepted. If such time for removal causes TENANT to remain on the Property after termination of this Agreement, TENANT shall pay rent for any part of a month so occupied at double the then existing monthly rate until such time as the removal of personal property and fixtures are completed. 11. LESSOR covenants that TENANT, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Property. 12. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and TENANT and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or TENANT in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the parties. 13. This Lease Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. Venue for any action related hereto shall lie exclusively in Indian River County, Florida. The parties hereto explicitly waive any and all rights to trial by jury of any matter related in any way to this Agreement. 14. In connection with any litigation arising out of this Agreement, the prevailing party, whether LESSOR or TENANT, shall be entitled to recover all reasonable costs incurred including reasonable attorney's fees for services rendered in connection with any enforcement of breach of contract, including appellate proceedings and post judgment proceedings. 15. This Agreement may not in any manner be sold, assigned or transferred. 16. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): LESSOR: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager TENANT: PDMNet, Inc. 658 Old Dixie Highway Vero Beach, Florida 32962 Attn: Paul McCall 17. This Agreement shall extend to and bind the heirs, personal representatives,. successors and legal assigns of the parties hereto. 18. If TENANT defaults in fulfilling any of the covenants of this Agreement and such default shall continue for fifteen (15) days after TENANTs receipt of written notice from LESSOR specifying the nature of said default and TENANT shall not in good faith commence the curing or remedying of such default within such sixty (60) day period and shall not thereafter diligently proceed therewith to completion, or if the said default so specified shall be of such a nature that the same cannot be reasonably cured or remedied within such period, then in anyone or more of such events this Agreement shall terminate and come to an end as fully and completely as if such were the day herein definitely fixed for the end and expiration of this Agreement and TENANT shall then quit and surrender the Property to LESSOR as provided herein. 19. If LESSOR's Communications Tower or related improvements are damaged or destroyed by fire or other casualty, LESSOR shall not be required to repair or replace the facilities. Additionally, if completion of the repairs is not possible within ninety (90) days following the date of the damage or destruction, either party may terminate this Agreement by giving written notice to the other. Termination shall be effective immediately after such notice is given. Upon such termination, this Agreement shall become null and void, and LESSOR and TENANT shall have no other further obligations to each other, other than TENANTs obligation to remove its property and pay rent during the pendency of said removal as provided above. If Tenant chooses to not terminate and the damage prevents its intended use of the facilities for in excess of fifteen days, rent shall be abated on a prorate basis until the capability to use the premises as intended is restored. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals. LESSOR ATTEST: THE CITY OF SEBASTIAN Sally A. Maio, MMC City Clerk AI Minner, City Manager Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney TENANT Signed, sealed and delivered in the presence of: PDMNET, INC. Witness: Print Name: By: Paul McCall, President Witness: Print Name: