Loading...
HomeMy WebLinkAbout02272008my ~~ ~.~r.~~E~S'T1~W HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 27, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -time limit five minutes where public input allowed 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY MAYOR COY 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE BY MAYOR COY We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 08.025 A. Certificate of Appreciation to Maureen Cummings -Natural Resources Board Service 08.013 B. Sebastian River High School Student Presentation -Crime and Drug Use Prevention (backup previously provided) 8. 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. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-13 A. Approval of Minutes - 2/13/08 Regular Meeting 08.026 B. Purchase of 2008 Bobcat Mini Excavator for Stormwater from Smith Bros. Contracting 15-25 in Ft. Pierce, FL - $38,641.12 (PW Transmittal, Notice, Bid Tabulation) 08.027 C. Waive Bidding Process and Purchase Ten ICOP Model 20/20 Digital Patrol Camera 27-34 Systems in the Amount of $52,355.80 from ICOP Digital, Inc. and Ten Model M 7100 Mobile Radios in the Amount of $35,643.37 from Communication International Inc. (PD Transmittal, ICOP Quote, Communication International Inc. Quote) 9. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 08.027 A. Natural Resources Board 35-37 i. Todd Klitinic Report on Duck Crossing (Minutes Excerpt, Cost Estimate) 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS 08.014 A. Set Bi-Annual Goals and Objectives for City Clerk As Required by Resolution 3s R-07-31 (City Clerk Transmittal) 12. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 08.028 A. Karen Diegl -Senior Resource Association Presentation of Name Change/ Services (no backup) 13. NEW BUSINESS 08.029 A. Settlement of Adverse Possession Claim by Roman Witek of Bailey Drive (City 41-61 Attorney Transmittal, Letter, Memorandum of Law, Affidavits, Photos, Letter) 14. CITY ATTORNEY MATTERS 08.030 A. Receive Direction as to Settlement of Fellsmere Annexation Litigation (no backup) 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 2 17. CITY COUNCIL MATTERS A. Mr. Paternoster B. Ms. Simchick C. Mr. Wolff D. Mayor Coy E. Mr. Neglia 18. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority 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 Comcast 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 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: March 12, 2008 - 7:00 pm -Regular City Council Meeting March 26, 2008 - 7:00 pm -Regular City Council Meeting April 9, 2008 - 7:00 pm -Regular City Council Meeting April 23, 2008 - 7:00 pm -Regular City Council Meeting May 14, 2008 - 7:00 pm -Regular City Council Meeting May 28, 2008 - 7:00 pm -Regular City Council Meeting nneF a ~ ~' #. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES. REGULAR MEETING WEDNESDAY, FEBRUARY 13, 2008 - 7:00 P.M. ~ ~~`. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. 2. 3. 4. 5. 6. 7. The Mayor called the meeting to order at 7:00 p.m. Boy Scout Troup 599 led the Pledge of Allegiance. A moment of silence was dedicated to the victims of the Kirkwood, Missouri City Hall tragedy. Council Member Wolff read the Civility Pledge. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer Deputy City Clerk, Jeanette Williams Records Manager, Donna Cyr Airport Director, Joseph Griffin City Engineer, David Fisher Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Police Chief, Jim Davis Police Lieutenant, Michelle Morris _~,~; ~'~ ~~ " AGENDA MODIFICATIONS Council Member Simchick announced the Sebastian River High School student presentation would be cancelled due to an emergency. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 08.015 A. Proclamation -Step Up Florida 2008 Tina Zayas, Indian River County Health Department, accepted the proclamation and invited the public to participate in the event to be held February 23, 2008 at the Sebastian Inlet State Park. 0 Regular City Council Meeting February 13, 2008 Page Two 08.016 B. Recognition of Employee of the 4"' Quarter -John Pratt pR¢,FT Mayor Coy presented a plaque and savings bond to Mr. Pratt. 08.017 3 C. Announcement by Mayor Coy -City of Sebastian Recipient of the Distinguished Budget Presentation Award for the Current Fiscal Year by Government Finance Officers Association (GFOA) Mayor Coy announced this is the third year for the City to receive this award and challenged the new budget director to continue the excellence in budgeting. Brief Announcements Mr. Neglia read a thank you letter from the Ecumenical Council for allowing a food box to be placed in the lobby of City Hall and asked that an Easter box be placed. Mayor Coy thanked the Fine Arts and Music Festival for such a nice event and the Clambake Foundation for serving clams during the festival. 08.013 08.014 5 8. ITEMS CARRIED FORWARD FROM 1123/08 MEETING WHICH WERE NOT ADDRESSED A. Sebastian River High School. Student Presentation -Crime and Drua Use Prevention (backup previously provided) This item was cancelled at the request of the instructor due to an emergency. B. Set Bi-Annual Goals and Objectives for City Mana eq r City Attorney aad-Si#~Slerk As Required by Resolution R-07-31 (City Clerk Transmittal) Mayor Coy suggested each member identify three goals for each charter officer. The members started with the City Manager first. City Manager Mr. Neglia requested the City Manager have more hands on with department heads, continue dialogue in a timely manner, see issues though to completion, keep Council apprised of the City's financial stability, put more thought into issues before bringing them to Council, and in the event of his absence, appoint the City Attorney as interim manager. Mr. Paternoster said he is looking for the fulfillment of the Council's previously submitted short term goals list, requested that when soliciting input from Council, he contact all five Council members, and as to an interim there would be a conflict for the City Attorney who has his own set of guidelines to follow. Ms. Simchick requested he appoint the Police Chief to be interim manager if needed, completion of the previously submitted short term list, and provide a comprehensive report of available riverfront land (with structures and without structures). 2 Regular City Council Meeting February 13, 2008 Page Three Mr. Wolff requested a report on the impact of tax reform. The City Manager gave a brief report on methods that can be used in light of tax cuts and offered to provide a full report by the end. of March detailing what needs to be done to stay within the City's financial parameters. Mr. Wolff also requested improved communications which are topical and perhaps bi- weekly including status reports when applicable. Mayor Coy requested he monitor and project the homestead exemption impact to City of Sebastian, continue quality customer service focus but monitor staff morale since they are asked to do more with less, and ensure the City's compliance with the Habitat Conservation Plan (HCP). The City Manager said he believed there will be further mandates from the State regarding tax reform. Council agreed on the following goals for the City Manager: 1 -Monitor, project and update the Council on property tax reform impact 2 -Update the Habitat Conservation Plan 3 -Streamline the process for business development/permits especially for the Riverfront area 4 -Identify riverfront property The City Manager noted the direction. Mr. Gilliams raised his hand to speak and the Mayor gave him a warning stating this is an executive issue. City Attomex Mr. Paternoster cited the letter from the City Attomey (see attached), which stated that it is may be difficult to set goals for this position since it is by nature reactive, however, said he will sit with Mr. Stringer in private to air any concerns or suggestions he has. Ms. Simchick requested the City Attorney work toward streamlining the business development process in the Land Development Code (LDC) Mr. Wolff started by stating it was his belief that the City Attorney should not be a Charter office but should report to the City Manager, and requested improved communication with Council, such as bi-monthly or monthly updates and reporting follow-up on pending directives. He stated he did not think that prohibiting political activity on City property, as mentioned in the City Attorney's letter, is a priority. Mayor Coy requested he assist the City Manager in streamlining the business development process and the Habitat Conservation Plan - ,and improve communication with Council whether it be in writing or in meetings. Regular City Council Meeting ~~ February 13, 2008 Page Four Council agreed on the following goals for the City Attorney: 1 -Continue working on Comprehensive Land Update Plan (CLUP) 2 -Update the Habitat Conservation Plan 3 -Streamline the business development process 4 -Improve communication with Council 9. 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. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 7-1s A. Approval of Minutes -1/23/08 Regular Meeting 08.010 B. Approve $500,000 Department of Environmental Protection Grant Agreement 17-64 #G0235 for Sebastian Collier Canal Retrofit Project and Authorize City Manager to Execute (City Manager Transmittal, Grant Agreement) 08.018 C. Approve Interlocal Agreement for Coordinated Planning and School Concurrency 65-7o with Indian River County, IRC School Board, Vero Beach, Fellsmere, Indian River Shores and Sebastian -Effective March 1, 2008 and Authorize Mayor to Execute (GMD Transmittal and Memo, Agreement Under Separate Cover) 08.019 D. Award Professional Services Agreement for Comprehensive Plan Update 71-82 Consultant to Land Design Innovations, Inc. in an Amount Not to Exceed $55,000 w/ Use of $5,000 from Contingency If Needed (GMD Transmittal, RFP Committee Minutes) 08.020 E. Approve Travel for Council Member Simchick to Tallahassee for Legislative 83 Meeting -Date to Be Determined (City Clerk Transmittal) 08.021 F. Waive Bidding Procedure and Approve Expenditure of $22,877.55 for Police s5-ss Department Purchase of Nine Jaguar Portable Radios, 18 Batteries, 9 Chargers, and 9 Microphones from Communications International Inc. Based on 20 Year Contract w/ M/A-COM Wireless Systems, Inc. (PD Transmittal, State Contract No. 725-001-01-1) 08.022 G. Resolution No. R-08-03 -1 st Quarter Budget Amendment (Finance Transmittal, ss-122 R-08-03, Memo, Capital Project Status Report, Schedule of Investments, 1st Quarter Accomplishments and Operating Statement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Neglia pulled items B and C. Mr. Wolff pulled items D and E. 4 Regular City Council Meeting February 13, 2008 Page Five MOTION by Mr. Paternoster and SECOND by Mr. Wolff to approve items A, F, and G on the consent agenda. Roll call on the vote was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia y Nays: None Passed 5-0. The Mayor called recess at 8:17 p.m. and reconvened the meeting at 8:34 p.m. All members were present. Item B In response to questions from Mr. Neglia, the City Manager said the Environmental Planner will be buying a kit and testing the water; and as long as whatever material is used, whether rip rap or vinyl., will treat daily maximum loads and retention, the grant could go forward and then be amended at a later date. In response to Mr. Paternoster, the City Manager said if SJRWMD says no on the cross sections, we may have to discuss that at a later time, and the City Attorney said if we don't get approved for the change we can back out of the grant. MOTION by Mr. Neglia and SECOND by Ms. Simchick to approve item B. Roll call on the vote was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed 5-0. Item C Mr. Neglia asked if the school part of the CLUP will be completed within the required time frame. The City Attorney said it was included in the scope of services that the consultant would update that element within 120 days in the agreement. MOTION by Mr. Neglia and SECOND by Ms. Simchick to approve (item C) passed on a voice vote of 5-0. Item D Mr. Wolff requested a summary of the Review Committee's decision and an explanation of how staff was able to reduce the price. The City Manager explained the process and said Land Design Innovations had more familiarity with central Florida themes which better matched the City; where Giordano had more south- Florida experience. He also said the reduction was the result of sharing the City's budget, cutting out a couple of workshops, and bullet-pointed cash driven costs. MOTION by Mr. Wolff and SECOND by Mr. Paternoster to award a professional services agreement for comprehensive plan update consultant to Land Design Innovations, Inc. in an amount not to exceed $55,000 with the use of $5,000 from contingency if needed. 5 Regular City Council Meeting February 13, 2008 Page Six Roll call on the vote was as follows: Ayes: Wolff, Coy, Neglia, Paternoster, Simchick Nays: None gassed 5-0 Item E Mr. Wolff asked if this originated in the City Clerk's department. The City Manager explained that the City Clerk keeps the legislative budget and prepares transmittals for Council travel when requested and the request came from Ms. Simchick who inquired about lobbying for the community budget requests the City Manager made to the legislature. In response to Mr. Wolff, the City Manager said he thought he had previously distributed and listed the items for the benefit of Council. Ms. Simchick explained the meetings coming up between February 18-22 and said the week would be detrimental in getting the City's items possibly moved up on the budget list, that that some of the County employees are going, and Representative Poppell has agreed to meet with her and guide her. Mr. Wolff asked if it was detrimental why would we do it and the City Attorney clarified Ms. Simchick meant it would be detrimental not to go up there. Mr. Wolff suggested Council discuss the right approach to address these concerns rather than go to Tallahassee, noting local legislators are running and supporting others and we could lobby them locally to support Sebastian issues, and if further lobbying is needed, the City could have the City Manager fly up in a rented plane for a day. He said if we are serious we need to put a plan together and then proceed. Ms. Simchick said the hard-hitters do not sit on every individual sub-committee which wile meet next week, said we don't pay a lobbyist and she stepped up to the plate because she thought someone should be there, and the City Manager would make up a proposal and she would present it. She said if they didn't want her to go that she would support someone else going. Mr. Paternoster said he agreed with Mr. Wolff, Council did not know what kind of outlines she has and suggesting looking into a paid consultant. The City Manager explained the Community Development Budget request process needs both a House and Senate sponsor and he understood Senator Haridopolis would not be sponsoring requests though had heard he may change his mind. He said he had picked projects that have regional impact and submitted them, and further stated that the City should not pay outside people to lobby another level. of government because elected officials like to hear from other elected officials before hearing from bureaucrats. Ms. Simchick again said she is doing this on her own time because she thought it was important for the City. Mr. Paternoster asked if there are lobbyists that work on a contingency basis, and suggested a lobbyist should accompany Ms. Simchick. The City Manager said they work on a contingency basis, but that lobbyist fee could go to something else, and again, elected officials like to hear from other elected officials. 6 Regular City Council Meeting February 13, 2008 Page Seven DRAFT Mr. Wolff said registered letters should go out to Representative Mayfield, Representative Poppell, and Senator Haridopolis and play hard ball urging their support and then he is willing to send Ms. Simchick to Tallahassee. The City Manager said he has sent letters with the budget requests. Ms. Simchick said she would like to try and next year Council could play hard-ball with the legislators. She said her planned dates are February 18-20, 2008. Mr. Neglia stated he attended the delegation meeting in December and supported Ms. Simchick going to Tallahassee, hopefully she will have an impact and it is good for the City. Mr. Paternoster asked what she would be asking on behalf of the Council and City. The City Manager recommended that Council pick three of the six issues that are least controversial, supported by all members, and with regional impact which he suggested would be widening the Schumann/Barber intersection improvements to join 66~' Avenue, the extension of Laconia Street to go with the 86~'Avenue expansion, and the Collier Creek project. He said Laconia is scheduled by MPO for 2025. Mayor Coy said a lobbyist is not feasible, and face to face lobbying does work. She encouraged each member to get on the phone and lobby, but Council should not bring re- election. MOTION by Mr. Neglia and SECOND by Mr. Wolff to send Mrs. Simchick up to Tallahassee to lobby. The City Manager asked to include the three projects in the motion and the members advised that she should lobby for as many of the projects as she could. Ms. Simchick said her priorities were the Collier Creek project, Schumann/Barber intersection and the Laconia Street extension. Roll call on the vote was as follows: Ayes: Coy, Neglia, Simchick, Wolff Nays: Paternoster Motion carried 4-1 10. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 11. PUBLIC HEARINGS -None 12. UNFINISHED BUSINESS 08.023 A. Discussion -Airport Advisory Committee (No Backup) Council Member Simchick said there seem to be quality of life issues with the airport and is receiving a lot of calls from City and Roseland residents. She said she wanted to bring the issue back for public input, and if necessary to take action. ~~ Regular City Council Meeting February 13, 2008 Page Eight DRAFT Dave Carvey, President, Friends of Historic Roseland, read from a prepared statement. (attached) Wesley Davis, Indian River County Commissioner, said he was asked to represent the North County community from Roseland before Council and respected the City's jurisdiction. He said there are issues they would like to see addressed and this could be done through education and suggested addressing flight patterns at a workshop. Scott Baker said before a committee is formed, Council question the need and mission for such a committee, and seek advice from neighboring communities as to whether existing committees are effective. He recommended workshops rather than a committee at this time but suggested that airport tenants, city businesses, county residents and emergency management officials should be included if a committee is formed. Jack Spitza, Roseland resident, said Sebastian's Airport Manager is always available and helpful and most times the activity is acceptable but there are times when he must leave his house due to the noise. He agreed with a workshop or committee. Chuck Lever, Mulberry Street, Sebastian, stated he is in total disagreement with forming a committee, that people who moved here had to know it was there, Mr. Griffin has done an excellent job and a committee would increase the bureaucracy. Cindy Falco-DiCorrado, Sebastian, said she has a train that goes by her house and business, understands the Council's concern for Roseland residents but there are other issues, and the airport should be developed to bring tax relief to the City. Damien Gilliams, 1623 U.S. 1, suggested sending Mr. Neglia to Washington to lobby Congressman Weldon to move the Airport. Mayor Coy gaveled Mr. Gilliams with his second warning and asked him to stick to the topic. Mr. Gilliams continued by suggesting the Airport move west to Fellsmere and the train to Highway A1A and then the scrub jays and tortoises would have plenty of land. He said the Chamber of Commerce could tout the wildlife, forget the people because they would be okay with the government checks they are about to receive. The Mayor gaveled him again, said three strikes and told him good night. There were inaudible comments from Mr. Gilliams and he sat down. Mayor Coy again said goodnight and responded, "It would be disorderly conduct." Mr. Wolff asked for a minute to figure out what is going on and why Mr. Gilliams was being thrown out. The Mayor said she would be happy to explain as Chair. Mr. Paternoster suggested a vote. Mayor Coy said her decision could be challenged with a motion. Mr. Wolff thanked her for explaining the process. The City Attorney said a second on the motion was not required on an appeal of a ruling of the Chair. MOTION by Mr. Wolff to discuss the ejection of Mr. Gilliams from the chamber. Regular City Council Meeting February 13, 2008 Page Nine DRAFT Mayor Coy said Mr. Gilliams was given a first warning for being distracting when he raised his hand, was told to put it down and raised it again, was asked by a police officer to put down a newspaper and then warning number two was when he was asked to stick to topic, and when he did, not he was given a third warning. Mr. Paternoster said some of the warnings were trivial and subjective. He said Mr. Gilliams was walking away when she asked him to and she did not have to tell him to keep walking. Mr. Wolff said Mr. Gilliams delivered his comments in an unorganized manner but he did not take offense to it and wasn't sure if he should be thrown out of the chamber. Mr. Neglia agreed that Mr. Gilliams was not of line, but his way of doing and saying things does irritate most people, including himself but should not be kicked out. Ms. Simchick stated this is why Council is not respected and she has a problem with him holding up the newspaper, previously bringing bags with funny hats to put on during the meeting, especially after the recent murders in Kirkwood, Missouri. She said concern for her safety, Council's safety, and Mr. Gilliams' continuous going off task and not being held responsible is a problem. She said she supported the Mayor. Mayor Coy said Mr. Gilliams is aware of the chamber's parameter and he continually seeks attention, tries to distract Council, and she find some things offensive. She said shame on Council for allowing someone to come to the podium wearing a disguise and do nothing. MOTION by Mr. Paternoster and a SECOND by Mr. Wolff to let Mr. Gilliams to stay the rest of the evening, and be allowed to have public input passed on a voice vote of 3-2 (Coy, Simchick -nay) Returning to Item #12A -Discussion -Airport Advisory Committee Mr. Wolff said he liked the idea of a workshop with all of the parties. Mayor Coy said she would also like to have a workshop, and invited non-city residents to speak to Council at any time. She also suggested a pilot workshop and then have the pilots at a citizen workshop. Mr. Neglia suggested having periodic meetings, maybe every three to six months. Mr. Paternoster said initially a few workshops should be held, and then every six months as Mr. Neglia suggested, and the pilots should be at every meeting. Ms. Simchick said she receives calls from Sebastian residents too. She also said the City realigned the runway, and the City supported non-residents on the Chamber's Economic committee. She said she sees this as an enforcement issue or "being a good neighbor" issue and a workshop is a great place to start. The Airport Director approached the overhead screen and identified the runways. He said receives the most complaints about runway 4-22 which has not been realigned and is most used. He said runway 13-31 was closed because it would go right over the Roseland area. Regular City Council Meeting February 13, 2008 Page Ten DRAFT The Airport Director explained that a year ago he instituted a voluntary program to change the flight path so that is over the least populated area but still, some airplanes won't take that path. MOTION by Ms. Simchick and SECOND by Mr. Neglia to have a workshop in the .near future for Airport issues passed on a voice vote of 5-0. 13. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. A. Polly Coe - Fellsmere Day Update and Invitation (No Backup) Ms. Coe invited everyone to Fellsmere's birthday celebration, April 5~', which is falling on the exact day of the 97"' anniversary of their incorporation. She thanked the Police Volunteers for their annual help with the parade. She invited Council to participate in the parade, and she thanked Ms. Maio for putting this on channel 25. Mayor Coy said she would be out of town on April 5~', but urged Council to RSVP with Ms.. Coe. B. Vickie Williams - My Safe Florida Home Program Update (No Backup) Roy Friedrich, Dept. of Financial Security, substituted for Ms. Williams. He stated that not enough people are aware of the program and went over three segments that can be applied for. He urged everyone to apply by calling 1-866-513-6734 or online at mysafefloridahome. com. Mr. Paternoster asked to put this information on channel 25. The City Manager said he would try to put it in the Pelican Brief, the website and channel 25. MOTION by Mr. Paternoster with a SECOND by Mr. Wolff to extend the meeting until 11:00 p.m passed on a voice vote of 5-0. The Mayor called recess at 10:21 p.m. and reconvened the meeting at 10:28 p.m. All members were present. Bill Bodon, 614 South Easy Street, expressed concern for the downturn in the economy, stated it was great to see the Art Festival successful comeback and hopefully the return of the Clambake Festival, since festivals contribute revenues to our community. He said Council has expressed interest in high-paying jobs which can be achieved by three steps: let companies to know they are wanted, identify sites for light industrial at the Airport, and provide economic incentives and fast track regulatory process for businesses. He also said he would also like civility and respect to return to the chamber. Russ Owen, Sebastian, thanked Lisanne Monier for allowing clam dishes at the Fine Arts Festival and he hoped to see everyone working in November to make Clambake Festival happen. 1D ~o Regular City Council Meeting February 13, 2008 Page Eleven pR~~T Damien Gilliams, 1623, said closing the roads for out-of--town business owners was not fair to the local business people, said Indian River Drive will be realigned for more Park in the future, asked Council to look into resolutions restricting use of Jordan Park, thanked the City Manager for the wish lists for the legislature, thought a lobbyist should go to Tallahassee, will not be giving up on the citizens academy, thanked Mr. Wolff for bringing up the property tax amendment and freedom of speech, hoped Ms. Simchick can help get his electric permit for his dock while in Tallahassee, blessed Mr. Paternoster's family, and thanked Mr. Neglia for freedom of speech. Chuck Lever said it is confusing that the City Manager has been directed to watch how property tax reform will-affect citizens but by the same token Council approved the $2 million on the Main Street/Indian River Drive project. He said to the Mayor that she ignored the residents that signed the petition but is listening to Roseland residents about the Airport. He asked Ms. Simchick to take into consideration that the Main Street project will bring vehicles with leaking oil closer to the river, take out trees and noted that Mr. Wolff tried to stop the Collier Creek rip rap which is made of limestone. Nate Episcopal, 374 Bayharbor, said he had concerns of people speeding at the intersection of South Easy Street and Wimbrow Drive. The City Manager said he would refer this to the traffic committee and report back to Council. 14. NEW BUSINESS 08.024 A. Approve ITT Land Lease at Sebastian Municipal Airport for FAA Approved 123-150 Unmanned 60' Radio Navigation Tower (Airport Director Transmittal, Land Lease ITT Proposal) The Airport Director explained this tower is basically a cell phone tower for airplanes and is the next generation of air traffic control system for the FAA. Scott Baker said this is really neat for the region and just happens to be parked at Sebastian. Discussion followed that this was not a traffic tower, would not attract more planes but was simply a radio tower which would provide a measure of safety. MOTION by Mr. Neglia and SECOND by Mr. Paternoster to approve the Land Lease between ITT and the City of Sebastian. Roll Call on the vote was as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Passed 5-0 1 ~~ Regular City Council Meeting February 13, 2008 Page Twelve 15. 16. 17. 18. CITY ATTORNEY MATTERS ~ ~ The City Attorney said they have worked out the language of the Fellsmere settlement agreement and requested an executive session if Council would like to have input. Council concurred to meet at 6 p.m. on February 27"', 2008. The City Attorney said he would get something in writing to them prior to that date. CITY MANAGER MATTERS The City Manager reported that permits to begin the Easy Street improvement have been received and letters are set to go out to folks who will be affected by the construction from Main Street to Lake Street and a project time line will be forthcoming. CITY CLERK MATTERS None. CITY COUNCIL MATTERS A. Mr. Neqlia None B. Mr. Paternoster Mr. Paternoster announced his public forum on February 26~' at 6 pm. He asked if the Clambake Festival contract will be renegotiated. The City Manager said it is on his to-do list to get with the Clambake Board and he will report back. Mr. Neglia agreed there are some things that need to be changed. C. Ms. Simchick Ms. Simchick said she would like the KIRB litter free event program incorporated into each event contract. She reported that citizens in the audience who are still having trouble hearing the City Manager and Attorney and she would like them to return to the dais. D. Mr. Wolff Mr. Wolff reported there is still a chain on the entry to Ashbury onto Powerline Road. The City Manager said he would look into it and report back. E. Mayor Coy Mayor Coy thanked everyone again for a successful Art Festival and looks forward to renegotiating the contract for the Clambake. She also said she went to local businesses to see if they were adversely affected and found businesses had increased activity due to the event. She asked Council to review the decorum in debate section of Roberts Rules before the next meeting, there are things that could be tightened up, and would get with-the City Clerk to copy the members. r2 12 Regular City Council Meeting February 13, 2008 Page Thirteen Mr. Paternoster reminded Council that during the retreat, although the Charter says we use Roberts Rules, the City Attorney says we don't necessarily have to and Mr. Wolff said he was amused to hear her say this because of her standing when another member wanted to use the rules. Mayor Coy said she would prefer never to use Roberts Rules but there are some things that need to be tightened up like decorum. Mr. Neglia asked when the park rules would be coming back to them and the City Manager said he would put it on the list. 19. Being no further business, Mayor Coy adjourned the meeting at 11:00 p.m. Approved at the February 27th, 2008 Regular City Council Meeting. Andrea Coy, Mayor ATTEST.• Sally A. Maio, MMC =City Clerk 13 I~ i~ criY'oF ~", ~ ,,_ J HOME OF FEI3~E!i 15laND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Purchase of (1) 2008 Bobcat Mini Agenda No. (~~, ©~~o Excavator for Stormwater Department Origin: lic Wo •ks Ap rove r Submittal by: Department Head: Finance Director• P City Attorney: City Clerk: 'nr Date Submitted: 02/20/08 For Agenda of: 02/27/08 Exhibits: Copy of Notice to Bid, Bid Tabulation Sheet EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: General Fund Budget $38,641.12 $38,641.12 $ -~- SUMMARY The Stormwater Division of the Public Works Department solicited sealed bids for a mini excavator. Bids were opened on February 11, 2008. Fifteen bids were received. The low bidder is Smith Bros Contracting Equipment Inc in the amount of $38,641.12. This price includes the machine, aheavy-duty bucket and power tilt. There are sufficient monies in the budget to cover this expense. This piece of equipment will be used in the maintenance of swales and ditches and allow for the Stormwater division to become more efficient with less down time. RECOMMENDED ACTION Move to approve the purchase of (1) 2008 Bobcat Mini-Excavator from Smith Bros Contracting in Ft. Pierce, Florida in the amount of $38,641.12. ~~ l~ .~~~ ~ ~ ~t~~~ NOTICE OF INVITATION TO BID -________..__ SEALED BIDS FOR A LICENSED FIRM TO FURNISH AND DELIVER A COMPACT EXCAVATOR, WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, IN -THE OFFICE OF THE PUBLIC WORKS DEPARTMENT, 202 AIRPORT DRIVE EAST, SEBASTIAN, FLORIDA 32958, UNTIL 2:00 P.M. ON MONDAY, FEBRUARY 11 2008 . BID ENVELOPES ARE TO BE MARKED AS FOLLOWS: BID: COMPACT EXCAVATOR OPEN: February 11, 2008 (cry 2.00 PM The City of Sebastian is seeking bids from licensed firms to furnish and deliver a compact excavator to the Public Works Compound located at 100 Veterans Memorial. Way, Sebastian, Florida 32958. The Vendor shall be properly licensed, and shall show Proof of Insurance to conduct its business, with all licenses, permits and certificates as required by all local, State of Florida, Federal agencies. Vendors interested in submitting a bid may pick up or request a bid package from the Office of the Public Works Department, (772) 228-7001. All bid items shall conform to the Bid Documents in their entirety, and no bid shall vary from the Bid Documents unless specifically approved in advance in writing by the City. Any bids received without Bid Proposal Form, at the City's sole discretion, may be considered incomplete and immediately disqualified. Any person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid as proscribed by Section 287.133, F.S. Questions concerning the bid should be directed to: Mr. Tim Walker, Superintendent (772) 228-7056. Bids duly submitted will be publicly opened and read aloud at the time and date first specified above, in the Office of the Public Works Department, 202 Airport Drive East, Sebastian, F132958. The City reserves the right to reject any and all bids, or to accept any bid or portion thereof deemed to be in the best interest of the City, and to waive any non- substantial irregularities. BY: PUBLIC WORKS DEPARTMENT CITY OF SEBASTIAN ~~ CITY OF SEBASTIAN -BID -08-01 Compact Excavator BID PROPOSAL PRICE After having examined all specifications, Contract/Agreement Documents, and other documents relative to the Invitation to Bid, I the undersigned hereby propose to furnish and deliver a Compact Excavator in accordance with strict conformity to all requirements and specifications. The following bid proposal meets and or exceeds specifications as set forth herein. COMPACT EXCAVATOR: a. 9000 LB EXCAVATOR $ ~~ ~~~' ,0~8 b. 24" Heavy Duty Trenching Bucket $ ~'. ~[~ c. Power Tilt $~~ q_~~~t~ By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects. fair and without collusion or fraud. If awarded this bid, I agree o execute/enter into said agreement within (15) consecuti notice the City, and agree to all the terms and conditions of all doyen tate~i ~~n:wi the City of Sebastian,, for the above stipulated price. ~'~ i~Yl ~ehc~i tea ~ Res i Signature Printed Name ~rn d ~o~~'Rq~~`i~ v ~ me~~v~ ~t,~~5 (Yla~a. rZ Firm Name dz Addre s Title Phone Number ~~ P~~Ree ~ l 3~~50 Date Signed o~ , ! l q~ Page 1 of 1 SPECIFICATION FOR COMPACT EXCAVATOR OPEN CAB TRACKS: 12.6" HALF PITCH RUBBER 9000 LB 40 HP DIG DEPTH 11 FEET WIDTH 70 INCHES AUXILIARY HYDRAULICS WITH BOOM MOUNTED FLUSH FACE QUICK COUPLERS MIN. 54" DIPPER STICK CONTROL PATTERN SELECTOR VALVE (ISO/STD) ALL BIDS MUST MEET OR EXCEED MINIMUM SPECIFICATIONS r9 DRUGFREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the .commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the convnodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: '02 ~/ O~Q z~ ignature PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you~are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a .person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3}(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR OUOTE OR BID DOCUMENTS NON-INCLUSION OF THIS DOCUMENT MAY NECESSITATE.. REJECTION OF YOUR OUOTE OR BID ZI WORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. _ R -b ~ for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by _ ~ rn ~ -~, Q~ S C ©M+(?p~~'~-i tI t m p A'NC' (name of entity sub tti g sworn statement) whose business address is 03 ~! ~ ~~-~- !=+ PjPen~ ~( 3`f4S[3 and (if applicable) its Federal Employer Identification (FEIN) is ~R- 6$55739 (If the entity has no FEIN, include the Social Security Number of the individual signing- this sworn statement: .) 3. My name is (~ i~hQ.P,~ ~,~~es ~ (please print n ~ of individual signing) and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or polo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person. who is active in-the management of the entity and who has been convicted of a public entity crime. 2z The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,. or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active.in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submittin this sworn st $ atement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The finial order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) 23 The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) /~/ ~ (Signature Date: ~' ~~ STATE OF FLORIDA COUNTY OF P"a.~IYI ~A.[a~ The foregoing instrument was acknowledged before me this / / day of ~_, 2008 by ' (title on behalf of I`~h ~ e of partnership), a partnership. she is ersonall known to me r has produced as idcnti cation and did ()did not ()take an oath. _ a~My ~Mby ~ ^. ~ . NoNry Public -skits of Flo~fds ~' ~ Mli ~ E~pt-a Mstr lt, 2011 ComaNuion f DD 827119 +.,,~:b~ BaidedThroigANalorwltroWgApn. Name: ~5~-ebb , L~ My Commission Expires: 5 ~ ~ ~ Commission Number: ~ ~ ~a~ 14 Zy N C N (/) N ~ .. N ~'' ~ N (n ~ ~ "~ N w (n N ~ u (n ~ ~ Z N p (n +U' ~ .N ~ U c m C to p (n +~-' ~ ~ ~ N W fn +~~' ~ ~ O Z N ~ p 0 0 0 0 0 ~ O o 000 o rn rn aNO ~ 0 0 M M M ~ [r M M ~ ~ EA EA tf3 EH K} ~} d`3 H3 ~ =' O O O O ~ O O O N C00 C0D ~ N O M O OI Ito ~ ?~ N ~ (n ~" N ~ ~ N ~ N ~ fn N ~ fn N ~ ~ U W (A N ~ ~ ~ ~ o ~ p ~ U W o O o 0 O o O o co ui of ai r~ Oo O 0 ~ S 0 0 ~' 00 C O^ N O M M S tf) ~ L (') ~ Ei? E!? 6F} fA Ef} EA EA O O O O O O O O ~ O O N N 0 ' V O S ~ r r _ j Q 3 a c$ c~ ai ~ v ~ v ~ v ~ rS ~ v En v ~ ~ ~ ~ ~ ~ ~ ~ c~ ~ v ~ ~r ~r U X o rn o 0 0 0 0 0 0 0 0 0 0 W O S 00 O M O O O O O O O O O p ~ lC) Ln l() (p CO O f~ 00 M O O r Z ~ lA CJ CO CA r ~ d' aD CO t- O to ~t M 0 O ~ O N O O O 00 M 0 ~ 0 0 U r U r r' Z m EA 69 ~ Efl EA EA EA EA EA EA EA d9~ E,R EH Ef} 0 F~ O O O r O 00 O O O O O O O O O q O O O ~- O N O O O O O O O O O J O ~ O CO O OO M O O ~ 1~ (O ~ ~ ~ ~ L(~ M O O M 00 N 00 (O M ~ r O O t(') m O CO M O 0 CO ~ 00 O 0 ~ 0 CA ~ O (O Q N r to r f0 M M CA ~ '~t CO O ~ r O ~ E... M ~ ~' N M M M M ~' ~ d' [T' V N M ~ E!} EA lf} EA 69 E!-T EA EA EfT EA fA d3 Ef3 Ei} EA m W ~ ~ ~ a ~ O 0 C1 U p p ¢ Z U U ~- I i Q ~ ~ ~ p H W ~ ~ ~ ~ J ca F- U ~ Z F- Z I- O O O J z z w ~ ~ ~ w a ~ ~ Q Q o 00 w w ~ ~ w x = ~ w a ~ ~ > Z ~ " ~ W ~ g g Z ~ ° ° g Y Z W a ~ ~ c~ ~ c~ ~ 75 z~ ~t~F ~,;~ HC1ME OF PELICAN !BLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Agenda No. L~F~, d o2~ Approved or Submittal by: City Manager Department Origin: Police De t. G~~~~~J~ Finance Director ~ ~~ City Attorney: City Clerk• Minner Date Submitted: 02/19/08 For Agenda of: 02/27/08 Ez6ibits: ICOP Quote and Communication International Quote EXPENDITURE REQUIRED: AMOUNT BUDGETER: APPROPRIATION $87,999.17 $385,000.00 REQUIRED: None SUMMARY The police department was allowed to purchase 10 replacement patrol vehicles in this budget year. The original request included digital video cameras and mobile radios as part of the required vehicle equipment. The video systems allow us to record events as evidence and are used in court cases as well as recording the actions of our officers. The mobile radios are necessary for communication with dispatch and other agencies. We are currently using ICOP video cameras that were selected. through the bidding process in 2005. Utilizing the same cameras and hard drives will insure continuity of procedures for easier archiving and evidence retrieval. The cameras remain installed in the vehicles until the vehicles are taken out of service. The service cycle for the vehicles is currently 6 to 8 years which is also the expected life of the video equipment. We are currentlyundergoing a re-banding process with Nextel and may not need to purchase all 10 new mobile radios. The mobile radios currently in older vehicles set for replacement may be utilized in the new patrol vehicles, however we will not know until the re-banding is complete (possibly in June). In October 2001, the State of Florida entered into a twenty (20) year contract (State Contract No. 725-001-O1-1 administered by the State Technology Office) with M/A COM Wireless Systems, Inc. to develop and implement a Statewide 800MHz Law Enforcement Radio System. The contract 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. dictates that orders to acquire their products have to be made through Communications International, Inc. of Vero Beach, their local manufacturing represeritei~ea 27 The requested purchases plus the previous approval of vehicle purchases will expend up to $359,531.00 of the budgeted amount of $385,000.00 RECOMMENDED ACTION Move to waive the bidding process and authorize the purchase of ten ICOP mode120l20 digital patrol camera systems in the amount of $52,355.80 from ICOP Digital, Inc. also waive the bidding process and purchase up to 10 model M 7100 mobile radios not to exceed $35,643.37 from Communication Iaternational, Inc. Summary of Projected Eznenses Total DST budget for cazs, cameras, mobile radios and associated equipment...... $385,000 01/23/08 Council approved vehicle purchase ............................................$271,531 02/27!08 Requested camera purchase .....................................................$ 52,355 02/27/08 Requested radio purchase ........................................................$ 35,643 Total DST expenditure to date ((If Requests are approved) ............................$359,529 * Amount Under Budget....... $25,471. Z8 ICOP® D~dde:~ Address 2 Advancin Surueillance Technolo~r~ S d9 O11y/~" Zip ICOP Digital, Inc. Pdmary Canted 16801 West 116th SUeet, LetlBxa, Kansas 66219 Pdmary Email (913) 312.4055 phone • (913) 312-4056 fax Address same as Customer W W W.ICOP.com Shlp To organlzaBon Ship To Address Prepared by. Chrbtlan McKenna Ship To City I SMIe Date prepared: 12/102007 Shlp To ZJp QUOTE YALID UNTIL 011032008 Shlp To Goofed Dbtdbutor .... . Sebastlan Police De artment 1201 Maln Street Sebastlan, FL 32958 Phone 123 456-7898 Lt. Michelle Morcis • a- a Sebastlan Pollee De artment 1201 Maln Street Sebastlan, FL 32958 Phone 123 45&7898 Lt. Michelle Morels Dana Safe Su I t9 •-. r 72 Total Storage Required (TB): 0 Totsl Server Storage (TB): 0 In-Car Pdci S~aridsd Prklrq ~ ICOP Mode12020-W In-Cars tam 10 Hard Ddve: 90Ga Ydede (lade ~ - Wireless Multl-FuncOOn Router 0 S ere Removable HD: ~+a Vdtde Grade ~ 10 HIGH QUALITY Reaolutlon: ~ ~ ~ Cara er ShiR 0 Hours Recorded er Cer er Shlfi 2 Shifts er Da . 0 D In O eretlon / Monts: 30 Months to Store on Server: 0 a on-ake rremi - o $ 1,5ao.oo SD.oo Web-based Treini 2 $ 250.00 E500.00 r a ICOP Mode12020.W lYesToW ~ 1st YEAR INCLUDED VMS Software tYeaf7attl ~ tat YEAR INCLUDED .• SI le Inddem 5100 Su n10-Pads 5800 _ a 50 disc DVD Bumer w/software 53,700 0 100 disc DVD Bumer wlaoilwere 55,000 0 DVD Upgrede BrWge 5525 0 • ,- ^BaseTOwer 75060 ~ 3 ~ j0.00 •0 ^Max TOwer 75WB ~ a ~ $0.00 0 ^Radcmount 75068 - ~ 5 ~ 50.00 0 ^ SANBIOb 1 5,578 ~ $0.00 0 ^ sANBloc 2 ssre ~ So.oo B Recommended Herd Ddve Diking Statlons 50.00 0 Total Sarver * Docking Stations Cost: $0.00 ICOP NauO Media MarragemeM System (MMSJ 0 ICOPIVauO MMS-Addlflavrel Server Ucenses 0 ICOP IVauM Client License p ICOP Neua Viewer Cleanse - no drerge 0 ICOP Video ManegemeM System Sortware - 0 ICOP PC Viewer Ute 0 ICOP PC Observer (/or up fo 5 concurrent users) ~ 0 •• - • ICOP PC Sdutlon 0 a •a Monitor I KaybOard /Speaker (MKS) KIt • 0 MKS Klt Switch -for Ilnked Servers 0 APC Beck-UPS RS 1200- UPS- 1200 VA 0 UPS 2000VA 120V ZOA Circuit NEMA 5-20 0 Server Reck -19' 42U wlFuly Verdilated Doors 0 ORIES7 REPLACEM~TJTPAR Rear Fed Color Cemere Kit S BAN Camera wAR 5 BNV Camera Cable 5 Front Camera Brecket 5 . USB Cable Clam 5 Jundlon Box Protedive Housin 5 Universal IM Li ht Bar Mount $ Ownero Manual 0 5 a Pdnler 8 DVDICD Label Maker $ Colllsbn Sensor 10 E 65.00 5 650.00 Dockl Statlon Kit 5 Dockin Statlon 5 USB Cebla 5 128M8 USB Flesh Drive $ ICOP Demo Stand E Mount -20120 Arm Mount S Siren Detector S Qown tae 0607 ~ 0 5 - fordBFlorc02-06 ~ 0 $ Pro Copper Carade 0 5 W Ireless Mic wl Beit CII Kit $ W Ireless Mic wl Beft CII $ 8 Mic Char er wlPOwer Su 1 $ Belt Pouch for Wireless Mle $ Belt Pouch Leather for Wireless Mic $ Belt CII wNelcro j La al Mic Li ht Du $ La el Mic Hee Du $ Home Office Char er $ Brecket - In-Car Trenscaiver j Brecket - UnWereal ICC j Bracket- Im ale DVR $ Brecket- Rear Im ale $ Rear Camara Glass Mount $ Bracket- Universal Front Camera $ Mount -Camera, Alternate $ Cable -Radar Interface 9 in $ Cable -Radar Interface 15 in 10 S 30.00 $ 300.00 Cable-Radar Ada ter-Genesisl $ Cable - GPS Out $ Cable -USB Out $ Cable - Radfo In $ Cable-Emer en Unlock $ ACCESSORIES TOTAL 5 950.00 Printed: 1:04 PM, 121102007 1 d 7 za ICOP® °~«:::~ Addreae2 Advancing Surveillance Technology cny'slea Zip ICOP Digital, Ina. Primary Contact 16801 West 116th Street, Lenexa, Kansas 66219 Primary EmaN (913) 312-4055 phone ~ (913) 312-4056 fax Address Same as Customer www.ICOP.com Ship To Organizetlon Ship To Address Prepared by. Christian McKenna Ship To City /State Dale preparod: 1211012007 Ship To Zip QUOTE VALID UNTIL 01109/2008 Ship To ContaG DkMbutor . Sebastian Police De _,.... artmsnt 1201 Main Street Sebastian, FL 32958 Phone 123 458-7898 Lt. Mlchelle Morris • s- • Sebastian Police Da rtment 1201 Maln Street Sebastian FL 32958 phone 123 456-7898 Lt. Mlchelle Morris Dana Sate Su I /9 SERVER HARDWARE INCLUDED WITH ALL SERVERS: • WINDOWS SERVER 2003 ' 17" LCD MONITOR WITH SPEAKERS KEYBOARD AND MOUSE ' 3600 JULES SURGE PROTECTOR SOFTWARE OPTIONAL SERVER COMF ICOP MODEL 20/20 TRAINING 1 0 ICOP Newt Narita Me rnent System MMS S E 2 0 ICOP NeuB MMS -AddBbnel Sarver Ucanaea S S 3 0 ICOP NeuO Clbnt Uteroe S S 4 0 ICOP Neuk Viewer Lkenee- ra chars S S 5 0 ICOP NeuO MMS Lite S S 8 0 ICOP Video Men mem tam SoAWere S S 7 0 ICOP PC Viewer L8e S S 8 0 ICOP PC Observer Licensee auppoM up to 5 mncurrent users E s Sottwsro SUBTOTAL S - 1 • 0 e MonllorM rdl3 esker MK3 Kit S S 2 0 MK3 Kb Switch S S 3 0 APC Sack-UPS RS 1200 -UPS -1200 VA S S 4 0 UPS 2000VA 120V 20A Circuit NEMA 5.21 E S 5 0 18' 42U Radt wlFull Ventlllatad Doors E S 8 0 DVD Bumer a S E EXTENDED WARRANTIES POST WARRANTY SUPPORT ~~ PrintW: 1:04 PM, I2HOI2007 2 of 7 Tninina S Installatlon SUBTOTAL ~ E 500.00 Optbnal Sarver Components SUBTOTAL S - 1COP~ °~d:~~ Addroea 2 Advancin Surveillance Technolop~~ S 0.7 ~"~1sak ZID ICOP Digkal, Inc. Pdmary Contra 16801 West 116th Street, Lenexa, Kansas 66219 Primary Email (913) 312-4055 phone • (913) 312-4056 fax Address Seme as Customer W W W.ICOP.com Ship To Organizatlon Ship To Address Prepared by: Christlan McKenna Ship To City /Stale Dale Prepared: 121102007 Ship To Zip QUOTE YALiD UNTIL 071092008 Ship To Contact DkMbutor CATEGORY TOTALS ....__ . Sebastlan Police De artment 1201 Main Street Sebastlan, FL 32958 Phona 123 458-7898 Lt. Michelle Morris e a• • Sebastian Police De artment 1201 Main Street Sebastlan, FL 32958 Phona 123 458-7898 Lt. Michelle Morris Dana Safe Su I /9 1 ~- ICOP Mode12020.W In-Cars m S 51,000.00 2 Exknded Werrontles S 3 Server Herdwaro S 4 Override Server C uretlons ~ y 5 O tlonal Server Com rank S _ 8 Softwero y 7 Trelnl S soo.00 8 PoetWenan Su n S 9 Aaesaodes S 950.00 Cstegories TOTAL ~ S 52,450.00 COMMENTS Categories TOTAL S 52,450.00 Shlpping & Handling for ICOP Mode120/20-W S 198.00 Shlpping 8 Handling for Server S S Inpurance S 207.80 Credit for 2 web based tr~ninp seminar 5 500.00 S S TOTAL S 52,355.80 Terms NET 30 • 1% lntereaf per rnont0 on past due Invokes. PRICES AND TERMS SUBJECT TO CHANGE. PRICES BASED UPON TOTAL PURCHASE. ALL PURCHASES SUBJECT TO SALES TAX UNLESS PROOF OF EXEMPTION IS PROVIDED. PRICE QUOTED IS NON-EXCLUSNE. ADDITIONAL PARTS MAY BE REQUIRED FOR INSTALLATION IN CERTAIN VEHICLES. INSTALLATION IS NOT INCLUDED. Radar and Ponce radio interfaces may require additional parts from ICOP and the respecOve manufacturers at customer's expense. For software only coriflgurations that use exisOng customer hardware, see separate minimum specifications document. Customers may benefit from price breaks based on cumulative purchasing, though future volume discounts may not reflect the same prying as originally quoted. The exended wananty for the ICOP Model 20/20-W or software must be purchased while s60 under warranty. The extended wananty is discounted 20%'rf purchased within 30 days of receivaig the 1COP Model 20/20-W or software. To qualify for maintenance of the Server and of the Video Management System, certain condftions must be met. ICOP Digital, Inc. must be provided the necessary Information to connect to The ICOP Server remotely and securely, or otherwise a8owed to configure a remote connector to Server via a secure VPN tunnel. Also, the connection bandwkith must be 128 Kbps (ISDN) or higher to provide adequate service. Any setup costs and/or resuming fees involved in providing access are solely the responsibility of the customer. To receive software updates for the /COP Video Management System software beyond year one (for up to four additonal years), the cost is 5300 per year, (and 5100 Der veer for ICOP PC Observer) after year one (only available when purchased with the ICOP server or PC). WHEN SUBMITTING A PURCHASE ORDER, PLEASE SPECIFY YEAR, MAKE 8r MODEL OF VEHICLES ON NEXT PAGE. THE 1COP MODEL 20/20-W UNITS MUST BE INSTALLED BY AN IGOP CERTIFIED INSTALLER TO QUALIFY FOR WARRANTY COVERAGE. An Authorized Signature below results in a binding Purchase Order Agreement. Authorized Signature Data Tltk purchase Order Number (8 applicable) Printed: t:04 PM, 721102007 3 of 7 31 3Z C OMMUNICATIONS INTERNATIONAL, INC. 4450 US Hwy 1 Vero Beach, FL 32962 Voice: 772.978.4117 Fax: 772.567.2292 gstevens@ask4cii. com QUOTATION Page Dats 1/2 1/is/2ooa Quots Number QTE8000082 alu To City of Sebastian Sete Sebastian, City of -Police Department 1225 Main Street 1225 Main Street Sebastian, FL, 32958 Sebastian, FL, 32958 772-589-5233 USA Cornact Voice: Fax: Site Number Description Salesperson Reference SEB100PD Description qry List Price Disc % Disc Amt Sale Price Total Billms~ MAHGSBMXX - M7100 IP, 806-870Mhz, Mobile 10 1,625.00 25.00 % 406.25 1,218.75 12,187.50 Radio, 35-10 Watt MAHGPL3R -Feature, 800 Systems/Groups 10 205.00 25.00 % 51.25 153:75 1,537.50 MAHGPV -Feature Set, Provoke Digital 10 1,795.00 25.00 °h 448.75 1,346.25 13,462.50 MAHGCP7W - Contrd Unit,Scan,Remote Mount 10 485.00 25.00 °/ 121.25 363.75 3,637.50 MAHGMC7T - Microphone,Standard 10 76.00 25.00 °h 19.00 57.00 570.00 MC101616V1 MAHGZNSX- Kit,Accessory,Remote Mount,50W 10 345.00 25.00 % 86.25 258.75 2,587.50 TX & Less NMO KUD -Coax Kit 17' 10 14.40 25.00 % 3.60 10.80 108.00 NMOQ800B - Base/whp uty 806-896MHz ant 1/4 10 23.50 25.00 °h 5.88 17.63 176.25 wave RFT12022T - TNC Male crimp plug RG-58U 10 3.55 25.00 % 0.89 2.66 26.62 Install -Rear Mount Radio 10 110.00 0.00 °% 0.00 110.00 1,100.00 Program, Rear Mount Radio 10 25.00 0.00 % 0.00 25.00 250.00 ~~ C OMMUNICATIONS INTERNATIONAL, INC. 4450 US Hwy 1 Vero Beach, FL 32962 Voice: 772.978.4117 Fax: 772.567.2292 gstevens@ask4cii. com QUOTATION PeW Date 2/2 1/15/2008 Crrob Numbsr QTE8000082 Description Qty List Price Disc % Disc Amt Sale Price Total Subtotal: 35,643.37 Prices quoted are valid for (30) Days from Document Date. Orders may be subject to shipping 8c handling chazges. All warranties aze manufacture's warranties. Plus Tax Total Due (USD) 0.00 35,643.37 Please complete the details below and fax or email them to us. ^ Purchase Order Number Please place my order now ^ Credft Card ^ Visa ^ Mastercard ^ Bankcard Name Card No. F~cp. Date Signature Cardholder's Name ^ Cheque 4450 US Highway 1 Vero Beach, FL, 32967, USA By signing this Quotation and/or submitting a purchase order pursuant to this Quotation you acknowledge that you have read and agree to be bound by ~~ ommunications Int'I. Ines Tenns and Conditions of Sale Service and Technical Support Natural Resources Board February 5, 2008 ~~ ~~~ Page Two 7. OLD BUSINESS: A. Earth Day (April 19th) -Nancy Wood of Indian River Green Team. Ms. Schuster asked Ms. Wood what the City can do, what is our part. The City will advertise the event on our website as well as signage. Ms. Wood is looking to order 500 live oaks and 100 Jacaranda trees (seedlings) for give sways. She usually spends around $400. We will discuss money later. The Master Gardeners will be at the event. They will be available to explain to people how to plant and care for their trees properly. Ms. Wood said she will put the application on line for free at first then after a certain date charge people $50.00 and $100.00 for a spot (10 x 10). This money could pay for the trees. The City needs to start thinking about the date of the 2009 Earth Day event and set it aside. Ms. Wood asked about the stage, it's size and about how much insurance was needed for the use. She will contact our City Attorney about this and any hold harmless. She has a sound system. There will be food vendors (no alcohol), a children's area, guest speakers (both Mayor Coy and White will be invited to speak as will Fellsmere's Mayor), bands (if someone wanted to contact Sebastian High School that would be great), possible Police presence (It was decided that Officer Poore the Marine officer would be asked to come). The City of Sebastian can have any kind of presence it wants. Maybe a First Aide Station & give out water. Posters will be made and we will need a logo for it. Ms. Yanchis offered the suggestion of one way emails updating the Board on Ms. Schuster's meetings with Ms. Wood. Ms. Yanchis was the Earth Day coordinator last year. Due to Sunshine Laws there can't be discussion among the Board members. This way the Board won't have to wait a month between meetings. Cynthia Schuster and Nancy Wood will get together the week of February 11th to discuss more details of Earth Day. Ms. Schuster will bring back the information to the Board. B. Duck Crossing Signs -Todd Klitenic. Mr. Klitenic discussed the duck crossing signs and presented a cost sheet and design of the sign (see attached). The signs (about 5 signs) would go around Easy Street Park and on Barber Street near the elementary school. It was suggested to maybe do wildlife signs to cover everything. The Board agreed that Mr. Klitenic will make a presentation to Council at the February 27th meeting about the City purchasing these signs. Ms. Yanchis suggested that a map showing where the signs would be placed be part of the presentation. C. Wild Turkey Mine -Due to the NRB Chairperson being absent and Board members wanting to review the Miami/Dade judgment this item has been tabled until the March meeting. The public was able to give their input. Nancy Wood, IR Green Team, spoke about mining and about water issues of the mine. We ~~ need to save the water. off. o~~ ~~ USA Traffic Signs Page 1 of 2 ~. Categories YOUR URT : ,'+t tsr's~ik :-u r;i, ..::, ..sta. shop formore items . Ducks Crossin Warnin SI ns 24"x24" 4 43.00 ;172.00 •; ir1.. '` ~ `'~'' `~~~"" Click to remove an item from your cart. ._,J Shipping Rates: (change my address) ;,,,~,, ;~,,::,...•:,.•. empty My [ntvc• i:ar~ UPS Ground;17.06 :Ir:;;tr,t, ,,;,;,;. United States, FL, 32958 qn,=r! r!qn; Tax: $0.00 Coupon code? Enter it here: Total: ~ 1$9,06 Home > Rr,ad 5!gns > Ducks Crossing Warning Signs 24"x24" Our Price: $43.00 QtY ~ add to cart s ~.ow - - ------ . --~ - Availability: Usually Ships in 2 to 3 Business Days L _ Add to 1Nish Llst XING ~~ , ~- DCSCrlption Te[hnical Spe[s The Ducks Crossing Warning sign is used to alert motorists in advance of locations where unexpected entries into the roadway by ducks might occur. Size Is 24" diamond shape. Features • Slze: 24" Diamond Shape • Rust Free .080 aluminum • Refective lettering • Reflective background • Holes centered top/bottom • Buy S or more and get a discount • Rated for 7 years • Fade resistant MUTCD iR: N/A http://wwtir. usa-traffic-signs.com/ShoppingCart.asp? 2/5/2008 J 38 arc a 5~~~ < _ - ~. ~ _ „ rio~ of eEUUN ~c City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: C> 8. b < <{ Set Goals. and Objectives for Each Charter Officer Department Origin: C' Clerk City Mana er City Attorney: Date Submitted: 1/16/08 For Agenda of: 1 /23/08 Exhibits: Hone SUMMARY STATEMENT City Council adopted Resolution No. R-07-31 on August 22, 2007 to establish procedures for Charter Officer evaluations. Language from the resolution is set out below. Language specifically states that goals and objectives for each of the Charter officers shall be bi-annually set in January and June. SECTION 7. CHARTER OFFICER GOAL SETTING. City Council shall bi-annually set and review goals and objectives for the City Manager, City Attorney and City Clerk of public .City Council meetings in January and in July. SECTION 2. CHARTER OFFICER EVALUATION PROCEDURES. City Council shall receive evaluation forms for the City Manager, City Attorney and City Clerk as well as the current cost of living adjustment percentage being provided to the Communications Workers of America (CWA) from Human Resources staff by May 7~ of each year. Subsequent to receipt of information provided as set out above, each .City Council member shall prepare an evaluation far fhe City Manager, City Attorney and City Cleric by using the forms provided or by writing a narrative or in whatever form each deems appropriate. Each City Council member shall also conduct an oral interview with each of the Charter Officers on an individual basis prior to meeting in putrlic for a final evaluation. City Council shall conduct a Special Meeting in June of each year to publicly evaluate and act upon any merit increases for the City Manager, City Attorney and City Clerk RECOMMENDED ACTION Set goals and objectives for eaCk}Ggar~er-O#~eF. city clerk . 39 0 City of Sebastian, Florid v~[c~ o~ °r~~ crrY ~°r°~o~v~Y' AGENDA TRANSMITTAL --= Agenda No. Subject: Settlement of Adverse Possession Claim; Date Submitted: 2/21/08 Lot 7A, Block 417, Highlands Unit 9 Replat For Agenda of: 2/27/08 SUMMARY: The original plat for Sebastian Highlands Unit 9, which includes the area around Schumann Lake, depicted the lots on Bailey Drive as fronting onto a tract for the lake. As happened with some portions of northern Collier Creek canal, apparently, the actual waterway was dug a significant distance in from the boundary. General Development then replatted and created a second teir of lots between the existing lots and the lake. Each was labeled as an "A" lot; for instance, adjacent to Lot S was Lot 8A. With one exception these "A" lots were conveyed to the purchasers of the primary lot. For some reason (perhaps Lot 7 was the only lot to have been purchased before the replatting), Lot 7A was never conveyed and became part of the property that was deeded to the City of Sebastian as part of the settlement in the General Development Company bankruptcy. For decades this land has been treated as the backyard of the owner of Lot 7, and this situation went largely unnoticed until a year or two ago. When the City was approached about conveying this lot to the owner of Lot 7, I advised that the City may only dispose of real property to a private party through a bid process. However, the owner was concerned that an adjoining property owner would bid on the land for the purpose of erecting a "spite fence" to block access to the lake. The matter lay unresolved for a while until the attached claim was submitted on behalf of the owner. Two things make this situation unique: 1. The land is not being used for a public purpose, and 2. The property has actually been included in the tax assessment for Lot 7, and the property owner has in fact paid taxes on Lot 7A for all these years. While there is rarely any certainty in litigation, the owner seems to have made a strong case for ownership by adverse possession under Florida law. At the same time, the land has some intrinsic value as a public asset. 4i For these reasons and in consultation with the City Manager, I propose to Council, and the owner has given approval to, a settlement of this claim upon the following terms: > With consideration given for past taxes paid, the Owner Roman Witek shall pay the City of Sebastian the amount of $3,500 as negotiated compensation for the land value,. > The City shall issue Mr. Witek a quit-claim deed for said Lot 7A. > The parties shall be responsible for their own costs and legal. expenses. As a negotiated settlement of a claim, the conveyance will not require a public bid for the property. RECOMMENDED ACTION: Authorize settlement of the .adverse possession claim of Roman Witek to Lot 7A, Block 417, Sebastian Highlands Unit 9, in accordance with the recommendation of the City Attorney and City Manager. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY M~ 4a WARREN W. DILL Also admitted in Wyoming Nebraska DILL ~ EVANS, P.L. ATTORNEYS AT LAW 1565 US Highway 1 Sebastian, Florida 32958 JOHN G. EVANS Also Admitted in California MICHELLE D. NAPIER Mr. Rich Stringer November 21, 2007 City Attorney via hand delivery this date 1225 Main Street Sebastian, Florida 32958 RE: Roman Witek Adverse Possession Claim/Lot 7A, Bailey Drive, Sebastian Dear Mr. Stringer: This firm is pleased to represent Mr. Roman Witek. You have received this letter and the enclosed memorandum of law with enclosures because Mr. Witek wants the city to quit- claim him a parcel of land owned by the city. As explained in the memorandum of law, a quitclaim deed is in order because my client has satisfied the statutory .elements of adverse possession without color of title in accordance with F.S. §95.18. Requiring Mr. Witek to file suit to obtain this parcel would result in unnecessary costs and time for both parties. Please review the enclosed documents at your earliest convenience and call me to discuss this matter further. Thanking you in advance for your anticipated cooperation. Very truly yours, DILL &EVANS, P.L. ~~ l '~ / ~`~~ / WARREN ILL, ESQ. WWD/ih Enclosure(s) as noted ~~~ ~~~~ Tel: (772) 589-1212 Fax: (772) 589-5212 ~l3 MEMORANDUM OF LAW November 21, 2007 To: Rich Stringer, Esq. From: Warren W. Dill Dill & Evans, PL Re: Witek Adverse Possession Claim FACTUAL BACKGROUND Since January 23, 1998, Mr. Witek has owned property located at 813 Bailey Drive in Sebastian, more particularly described as follows: Lot 7, Block 417, REPEAT OF PORTION OF SEBASTIAN HIGHLANDS -UNIT 9, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Indian River County, Florida recorded in Plat Book 7, page 2, said lands situate, lying and being in Indian River County, Florida (hereinafter Lot ~. See enclosed Warranty Deed recorded in Official Records Book 1190, Page 1321, Public Records of Indian River County, Florida. It appears that the city owns Lot 7A via a Warranty Deed recorded in Official Records- Book 0928, Page 2018, Public Records of Indian River County, Florida (enclosed). The conveyance to the city took place in 1992 and Lot 7A was included in that conveyance via Parcel 14. Lot 7A is located directly behind and adjacent to my client's property and is landlocked. My client is entitled to ownership of Lot 7A because he has satisfied the elements of adverse possession without color of title pursuant to F.S. §95.18 (enclosed). LEGAL ARGUMENT Adverse Possession without Color of Title- F.S. §95.18 To establish adverse possession of property without color of title under Florida law, my client must show seven years of open, continuous, actual possession, hostile to all who would challenge such possession, must both pay all taxes for the seven year period, returning said land for taxes during the first year of occupation, and enclose, cultivate, or improve said lands for the seven year period. Candler Holdings Limited I v. Watch Omega Holding, 947 So.2d 1231 (Fla. 1st DCA 2007); see also F.S. §95.18. The possession of the real property by the one asserting a claim of adverse possession 45 must be continuous, adverse, and exclusive of any other right. Id. Furthermore, the possessor's use must be without permission. Id. at 1234. Burden of Proof. Because my client is the party relying on title by adverse possession, it is his burden to prove that his possession of Lot 7A is adverse. "One relying on title by adverse possession is imposed with the burden of proving all the facts necessary to establish such title..." Douglass v. Aldridge, 90 Fla. 51, 105 So. 145 (Fla. 1925). When determining whether a claimant has sufficiently possessed the property, Florida Courts will look to "whether the acts of ownership manifested by claimant were all that a true owner could reasonably be expected to exercise over land of the particular quality and quantity involved; if the possessory acts were acts that would be expected to be exercised by the true owner in light of the nature of the property, the possession probably will be deemed sufficient." RPL-FL-CLE, 2-1, BoundarS%Disputes 2005 at §2.11.- Open, Exclusive, and Notorious Possession. To constitute adverse possession, the possession must be open, exclusive, and notorious. Open and notorious possession means that an "adverse claim of ownership must be evidenced by such conduct as is sufficient to put a person of ordinary prudence on notice of the fact that the land in question is held by the claimant as the claimant's own." 2 Fla. Jur. 2d Adverse Possession §34. This requirement effectively prevents secret possession. Exclusive possession means "exclusive as to the claimant and claimant's predecessors." RPL-FL-CLE, Bound Disputes at §2.10. My client has made .the following improvements to Lot 7A: maintenance and repair (twice) to the seawall (Lot 7A borders Schumann Lake); repaired property damage on several occasions caused by the City working on the sewer line running through Lot 7A; paid to have two mature orange trees that were damaged from the 2004 hurricanes cut down and hauled away; planting trees; landscaping and mowing; installing pole lights and a park bench; installing an irrigation system; and using Lot 7A for access to Schumann Lake (see enclosed affidavit from Mr. Witek and the enclosed pictures). ~~ 2 There has been no secret possession. In fact, by improving, maintaining, repairing and using Lot 7A, my client has effectively put the city and a person of ordinary prudence on notice that he is claiming the property as his own. Additionally, my client's neighbors believed he owned Lot 7A for the 7 year statutory period (see enclosed affidavits from Mrs. Willis and Mr. Marshall). Further, my client is the only person that has been in possession of Lot 7A for the requisite period, therefore his use has been exclusive. It is also helpful to examine the property adjacent to Mr. Witek's property (Lot 8A). Since my client purchased Lot 7 in 1998, he has made more improvements to Lot 7A than his neighbor Steven Burritt has made to his property (Lot 8A), which was deeded to him and also borders Schumann Lake (see enclosed pictures). This shows that my client's acts of ownership are all that a true owner could reasonably be expected to exercise over the particular land involved. Therefore, because my client has openly, exclusively and notoriously possessed the property for seven years and because his acts of ownership are all a true owner could reaaonably be expected to exercise over this property, these elements of adverse possession have clearly been satisfied. Continuity of Possession. My client's possession of Lot 7A must also be continuous. Accordingly, my client must possess the property uninterruptedly or without a break. 3 Ain. Jur. 2d Adverse Possession §74. However, continuous possession does not require the claimant to remain continuously on the land and perform acts of ownership from day to day; the important consideration is that the claimant is asserting dominion over the property. Id. Further, it is not necessary to reside upon property to claim it adversely. Baldwin v. Mason, 52 So.2d 668 (Fla. 1951). Continuity depends upon the use to which the property is adapted, the actual manner of its use, the circumstances and situation of the possessor, and the possessor's intention. 2 Fla. Jur. 2d Adverse Possession §29. Since Mr. Witek purchased Lot 7 in 1998, he has continually possessed Lot 7A without a break, consistent with his ownership. My client has asserted dominion over Lot 7A since he purchased Lot 7 by using, maintaining, repairing and improving it, all with the intent to claim it as his own. Therefore, the continuity element of adverse. possession has been satisfied. y7 Usually Cultivated or Improved. To further satisfy the elements of adverse possession without color of title, my client must have either "substantially enclosed" or "usually cultivated or improved" Lot 7A. F.S. §95.18(2)(b). Mr. Witek has "usually cultivated or improved" the property and thus has satisfied the statute. In satisfying the requirement of being "usually cultivated or improved," factors courts will consider include: the property involved, the use made of it, and the circumstances and situation of the possessor. ItPL-FL-CLE, Boundary Disputes at §2.13 (citing e.g., Baldwin at 668). In Baldwin, the claimant maintained a house on each lot she was claiming adversely, she lived in one home and rented the other, paid taxes on the property and kept up with the repairs; this was sufficient for a finding of adverse possession. Baldwin at 668. Likewise, my client has paid the taxes on Lot 7A (discussed below), has used, improved, repaired and maintained Lot 7A, and has kept up with the mowing and seawall repairs, all for the statutory period. Furthermore, given the size and location of Lot 7A, and when compared to the surrounding neighborhood lots, my client's possession of the property is consistent with the usually cultivated or improved requirements imposed by Florida law. Accordingly, this element of adverse possession has been satisfied. Hostility of Possession (possessor's intent)/Permissive Use. Courts will also look at the claimant's intent (hostility). Accordingly, there can be no adverse possession unless the possessor intended to possess the property as its owner. RPL-FL-CLE, Boundary Disputes at §2.14. Possession will be deemed hostile where "it is contrary to rights of ownership of holders of record title and all the world." Porter v. Lorene Investment Co., 297 So.2d 622, 624 (Fla. 1st DCA 1974). The "use or possession must be inconsistent with the owner's use and enjoyment of his lands and must not be permissive; the use must be such that the owner has a right to a legal action to stop it such as an action for trespass or ejectment." Bentz v. McDaniel, 872 So.2d 978, 980-981 (Fla. 5th DCA 2004). The use must be "adverse under claim of right." Id. "Actual use is presumed permissive and the user has the burden to demonstrate that his use was without permission." Candler, 954 So.2d at 1234. ~~> > My client's acts of possession have been contrary to and inconsistent with the ownership rights of the city and all the world.because he never received permission from the city to improve the property. In fact, had the city inquired about my client's possession of the property within the seven year period, the city would have had aright to a legal action for trespass or ejectment to stop my client's use. Further, my client's use was adverse under claim of right. He had, at all times, claimed to be the sole owner of the property and his possession was inconsistent with and hostile to the city's rights over its land because he intended to possess Lot 7A as its true owner. Accordingly, my client has satisfied this element of adverse possession. Payment of Taxes. Florida law specifically requires that the person claiming adverse possession pay taxes on the land within one year after possessing the land and subsequently for the seven year statutory period. "To establish adverse possession without color of title, the claimant.must~ show payment of all taxes by proper. legal description for the statutory period." Candler, 954 So.2d at 1234. Mr. Witek began paying property taxes within one year of possession and has continuously paid the property taxes in excess of the seven year period. See enclosed letter from Sharon Hammond at the Properly Appraiser's office. Accordingly, my client has satisfied this final element of adverse possession. Adverse Possession against Municipal Property. In Florida, it is the general rule that municipal land held fora up blic purpose is not subject to adverse possession. 2 Fla. Jur 2d Adverse Possession §64 (citing Waterman v. Smith, 94 So.2d 186 (Fla. 1957)). However, municipal land not held for a public purpose can be adversly possessed in Florida. A city may be "estopped from denying a claimant's right to possession or making claim to land held adversely by him or her for more than the statutory period." Id. (citing City of St. Petersburg v. Meloche, 92 Fla. 770, 110 So. 341 (1926). In Meloche, the Supreme Court of Florida enjoined the city from using land for street purposes and held that the defendant had adversely possessed the land; there was no clear intent to dedicate the land as a street and no 5 ~9 acceptance by the city of it as a street, the claimant had claimed the land, filled it in with dirt, extended his house upon a portion of it, planted trees, and generally maintained his possession thereof for more than seven years. City of St. Petersburg v Meloche, 92 Fla. 770, 110 So. 341. The Court was persuaded by the fact that the city never exercised any possession other than the recording of the plat or map, until it undertook the act that was enjoined. McQuillen provides further guidance. "In many jurisdictions title to property of a municipality not devoted to a public use can be acquired by adverse possession, if all the elements of adverse possession are present. 10 McQuillen Mun. Corte §28.55 (3Ta ed.). Lot 7A has never been held for a public purpose, it has not been dedicated for a public use nor has the city accepted a dedication of it for a public use. Lot 7A has never been put to a public use by the city. Because my client has satisfied all elements of adverse possession and because Lot 7A is not held for a public purpose, the city is "estopped" from denying my client's right to possession. My client, like the claimant in Meloche, has claimed Lot 7A by using, improving, repairing, and maintaning it, has been in possession thereof and has paid taxes on it, all for more than the seven year period. There is no disputing the fact that Lot 7A is not held for a public purpose and therefore the city is able to lose its title to my client, who has satisfied all elements of adverse possession. Conclusion. My client has satisfied his burden of proving every element of adverse possession without color of title pursuant to F.S. §95.18. He has been in continuous, adverse, and exclusive possession of Lot 7A for more than the statutory seven year period, all without permission from the city. His possession has been open, continuous, and actual, hostile to all who would challenge such possession. He has both paid all taxes for the seven year period, returning said land for taxes during the first year of occupation, and has cultivated and improved Lot 7A. Further, when surrounding property is examined, it is clear that my client's acts of possession (of Lot 7A) are acts that would be expected to be exercised by the true owner. Lastly, because Lot 7A is held by the city in a private capacity and not for a public purpose, the city has lost title to Lot 7A by virtue of adverse possession. ~~ AFFIDAVIT IN SUPPORT OF ADVERSE POSSESSION STATE OF FLORIDA ) COUNTY OF 1r~t.F.~ ~rY~~ ) BEFORE ME, the undersigned authority, personally appeared Harry J. Marshall, who is personally known to me or presented identification, and who after being by me first duly sworn, did depose and say under oath that: 1. I am Mr. Roman J. Witek's neighbor and the owner of property located at 825 Bailey Drive (Lots 9 and 9A), Sebastian, Florida more particularly described in that Warranty Deed recorded in Official Records Book 1045, Page 1667, Public Records of Indian River County, Florida. 2. I purchased the above mentioned property on or about December 29, 1994 and have been in continuous possession of said property since that date. 3. When Mr. Witek purchased the property (Lot 7) in January 1998, I believed Mr. Witek purchased both Lots 7 and 7A. 4. I believed Mr. Witek was the true owner of Lot 7A during the 7 year statutory period. 5. I saw Mr. Witek make repairs to, improve, and maintain Lot 7A during the 7 year statutory period. 6. Under penalties of perjury, I declare that I have read the foregoing affidavit and to the best of my knowledge and belief, the facts stated herein are true and correct. Sworn to a1nd subscribed before me this ,j/ day of November 2007. is n s v known to me. He Print Nate _- My Commission expires: NOTARY SEAL ...o...........; GY J~SALTER e ='~~~~~~~~~P EG o++~I I~ Comm# DD~91~2 F . , ~~ U~~ ~ . Expires 1111112008 Mj~j~~ rwrda hlci~ry Assn.. lnc ' :: r. l.. .u Po~Y~\~~+ll.Vls 5i FFIDAVIT IN SUPPORT OF ADVERSE POSSESSION 5a STATE OF FLOPRIDA ) COUNTY OF IriA`!}~ L~.L ~~- ) BEFORE ME, the undersigned authority, personally appeared Rosa Lee Willis, who is personally known to me or presented identification, and who after being by me first duly sworn, did depose and say under oath that: 1. I am Mr. Roman J. Witek's neighbor and the owner of property located at 807 Bailey Drive (hots 6 and 6A), Sebastian, Florida more particularly described in that Warranty Deed recorded in Official Records Book 843, Page 2448, Public Records of Indian River County, Florida. 2. I purchased the above mentioned property on or about September 26, 1989 and have been in continuous possession of said property since that date. 3. Before Mr. Witek purchased his property in January 1998, I inquired into purchasing it and believed I would have been purchasing the entire property (Lots 7 and 7A). 4. When Mr. Witek purchased his property, I believed he purchased both Lots 7 and 7A. 5. I believed Mr. Witek was the true owner of Lot 7A during the 7 year statutory period. 6. I saw Mr. Witek make repairs to, improve, and maintain Lot 7A during the 7 year statutory period. 7. Under penalties of perjury, I declare that I have read the foregoing affidavit and to the best of my knowledge and belief, the facts stated herein are true and correct. Sworn to and subscribed before me this ,~ day of October 2007. She is personally known to me. She has produced identification. ~LbL W L4ZU7~ nZ~~y'~? Notary public # 107 ~ S ~_ Print Name LA.f.GVP~'~ 1`7. ~NCC,1~ E211~'X' My Commission expires: ~a.~lvv,,v~ o~ ~9Jo~'~~w~ By: Rosa Lee Willis NOTARY SEAL ' uur~+~ ~. w~ea • Belt oc ¢eo,`~s ~n ~ oo mast AFFIDAVIT IN SUPPORT OF ADVERSE POSSESSION STATE OF FLORIDA COUNTY OF..~~~~l~if/~ ~~~ BEFORE ME, the undersigned authority, personally appeared Roman J. Witek, who is personally known to me or presented identification, and who after being by me first duly sworn, did depose and say under oath that: 1. He is the owner of the property located at 813 Bailey Drive (Lot 7), Sebastian, Florida, more particularly described in that Warranty Deed recorded in Official Records Book 1190, Page 1321, Public Records of Indian River County, Florida. . 2. He purchased the above described property on or about January 23, 1998 and has been in continuous possession (without a break) of said property since that date. 3. Lot 7A, which is located directly behind and adjacent to his Lot 7, appears to be owned by the City of Sebastian via a Warranty Deed recorded in Official Records Book 0928, Page 2018, Public Records of Indian River County, Florida. This conveyance took place in 1992. 4. Since purchasing Lot 7, he has made various improvements to Lot 7A, has maintained and made repairs to Lot 7A, and his neighbors believed he was the true owner of Lot 7A during the 7 year statutory period. The various improvements, repairs, and maintenance are accurately described in the Memorandum of Law accompanying this Affidavit. 5. He has been in exclusive possession of Lot 7A since he purchased Lot 7 in January 1998. 6. He has asserted dominion over Lot 7A since he purchased Lot 7 in January 1998 by using, improving, repairing and maintaining Lot 7A. 7. He has been paying taxes on Lot 7A since he purchased Lot 7 in January 1998. The Property Appraiser's office has verified this. 8. He never received permission from the City of Sebastian to enter upon Lot 7A to improve, maintain, or repair Lot 7A. 9. He has, at all times material hereto, claimed to be the sole owner of Lot 7A and since purchasing Lot 7 in 1998, has intended to possess Lot 7A as the true owner. 10. Under penalties. of perjury, I declare that I have read the foregoing affidavit and to the best of my knowledge and belief, the facts stated herein are true and correct. Sworn to and subscribed before By: ~~~'-~-~ ~ ~~'~~'~ me this ~zday of October 2007. Roman J. Witek He is personally known to e. He_ha produced id ifica ' ' Notary public # Print Name My Commission expires: NOTARY SEAL ~,.RY -~ Notary Public State of Florida Warren W Dill ~ c Q My Commission DD491044 *'~or ~~ Expires 0111512010 53 Sy original pictures available for review in City Attorney's office Pl Lot 7A P2 Witek Home and Access to Lot 7A 55 original pictures available for review in City Attorney's office P3 View of Lot 7A from Witek backyard. P4 Park bench and pole lights. 5(~ original pictures available for review in City Attorney's office PS Pole light and maintenace of seawall. P6 Witek maintenance of seawall. 5~ original pictures available for review in City Attorney's office P9 Lot 7A and Lot 8A Pao iew of irrigation ystem on Lot 7A. 58 original pictures available for review in City Attorney's office P11 P12 Comparing Lot 7A and Lot 8A. Sq original pictures available for review in City Attorney's office P13 Pole lights and sea wall maintenanc (~D - .... . v ~ • ... ~ h I'1 .5/18/?Ot)7 David C. Nolf e, ASA INDIAN RIVER COUNTY PROPERTY APPRAISER WE ARE HERE TO SERVE YOUI 1840 25'h Street m Vero Beach, FL 32860 Micii~l~ U. Napier Dill & fsvans Place 1565 IJS Hii;hway 1 Sebastiaan, I~I 32958 lte: 313 9 1800002417000007.0 Dear Ms. Napier; This iy in response to your question concerning the above referenced parcel, Uur re~;ords indicate: thst the curr~~i~t owner, Mr. R J Wftek has been assessed and taxed on lots 7 and 7A since he purchased this parcel in January 1998. Should you li~>.ve further questions, please do not hesitate to contact myself or Darlene Silverstein in. ASSCSSmt:•I]'t Control. Since,~cly, ~.~~lJ Shnroii Fi1minond, Dial: band Apliraitier P. 01 (772) 567-6000 m Fax: (772) 770-5087 17.ttG://www trees or~c ~~p%WULa ~1/