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HomeMy WebLinkAbout07292009CIIV OF cJ~AS'TiAW HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 29, 2009 - 6:30 P.M. (rescheduled from July 22, 2009) CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Clifton Cooley, Calvary Baptist Church. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Police Chief, Michelle Morris Police Captain, Bob Lockhart Administrative Services Director, Debra Krueger Airport Director, Joe Griffin Finance Director, Ken Killgore Parks Supervisor, Chris McCarthy MIS Senior Systems Analyst, Barbara Brooke-Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. Regular City Council Meeting July 29, 2009 Page Two 6. 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. 09.113 A. Proclamation -Honoring Indian River County Sheriff Deputy Teddy Floyd 1 Deputy Floyd was not present. 09.003 B. Certificate of Appreciation to Lynn Albury, Natural Resources Board Lynn Albury was not present. 09.114 C. Presentation by Himanshu Mehta, IRC Solid Waste Disposal District -Sebastian 3-4 Electronics Recycling Day -August 1, 2009 (7/14/09 Memo) Himanshu Mehta announced the Electronics Recycling Day to take place Saturday, August 1St behind City Hall and presented a brief power point presentation. D. Other Brief Announcements by Council Members None. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member 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. 5-7 A. Approval of Minutes -July 8, 2009 CIP Workshop s-~s B. Approval of Minutes -July 8, 2009 Regular Meeting 09.115 C. City of Sebastian Sponsored -Summer Jam Park Use Request (City ~9-22 Manager Transmittal, Application) 09.040 D. Authorize Mayor to Execute Bill of Sale of Utility Facilities to Indian River County 23-27 -Main Street/Indian River Drive Improvement Project Water and Sewer Components (City Manager Transmittal, Bill of Sale) 09.116 E. Authorize Acceptance of Office of Justice, Recovery Act, Edward Byrne Memorial 29-43 Justice Assistance Grant (JAG) Formula Program: Local Solicitation Award #2009-SB-B9-2156 in the Amount of $22,547 for Acquisition of Wireless Ticket Writing Technology - No Cost to City (HR Transmittal, Award Documentation) 09.117 F. Authorize Purchase of Wireless Transmitter with Recorder from Law 45-51 Enforcement Associates in the Amount of $8,485 from Police Forfeiture Account (PD Transmittal, Chief's Letter, Three Quotes) Mr. Wolff removed item C. 2 Regular City Council Meeting July 29, 2009 Page Three MOTION by Mr. Hill and SECOND by Ms. Coy to approve consent agenda items A, B, D, E and F. Result of the roll call: Ayes: All Nays: None Passed 5-0 Item C -Summer Jam -August 14th Mr. Wolff asked if any rules had been established for the summer jam event. The City Manager briefly explained the plan as proposed by Mayor Gillmor, and said it would be coordinated by the Parks Supervisor, Chris McCarthy and MIS Director, Frank Losardo. Following a lengthy discussion, including Ms. Coy's suggestion that the event be coordinated by anon-profit rather than the City, it was the consensus of Council that the City could use local non-profits such as the Lions Club to coordinate the vending of food. Damien Gilliams, Joe Scozzari, and Sandy Van Holland, addressed City Council and supported the idea. Mr. Scozzari urged Council to use private vendors from the community. Louise Kautenburg supported it but recommended caution, reminding Council of the Clambake problems. MOTION by Mr. Hill and SECOND by Ms. Coy to approve item C, the Summer Jam concerts. Result of the roll call: Ayes: All Nays: None Passed 5-0 8. 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. 09.003 A. Natural Resources Board 53-60 i. Interview, Unless Waived and Submit Nominations for Vacant Unexpired Position to Expire 7/1/2011 (Clerk Transmittal, Application, Member List, Press Release) Mr. Alvarez, the only applicant, was briefly interviewed, nominated by Ms. Coy and appointed on a voice vote of 5-0. 09.002 B. Parks & Recreation Advisory Committee s~-sa i. Interview, Unless Waived and Submit Nominations for One Expired Position to Expire 5/31/2012 (Clerk Transmittal, Application, Member List, Press Release) Ms. White, the only applicant, was nominated by Mr. Hill and appointed on a voice vote of 5-0. Regular City Council Meeting July 29, 2009 Page Four 09.056 C. Citizens Budget Review Advisory Board ss-~s i. Report by Chairman Herlihy on FY 2010 Proposed Budget (Report) Board Chairman Ed Herlihy presented the Board's report to City Council on the proposed fiscal year 2010 budget (included in agenda packet). The Board recommended utilizing reserves to make up the $260,000 shortfall in the proposed budget, to set the maximum millage at the rolled back rate of 3.8 for certification, but then to ultimately set the final millage at the current rate of 3.3456 mills. 9. PUBLIC HEARINGS -None 10. UNFINISHED BUSINESS -None 11. PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terrninated by a majority vote of Council members present. Louise Kautenburg, Sebastian, expressed concern for the fact that Council had approved non-sectarian invocations and have been allowing them to be sectarian. She suggested they review the ACLU website and advised that someone may file a complaint which may be her. Joe Scozzari, Sebastian, cited records showing $1.8 M had been spent by City departments in seven months, said a Citizens Academy could produce someone who could help with finances, and apologized to Damien Gilliams and his family for remarks he made at the previous meeting. William Farrell, A1A, Indian River County, reported on noise concerns on the other side of the Indian River Lagoon coming from Sebastian businesses. He asked Council to consider adopting a noise ordinance, noted that Capt. Hiram's and Earl's are cooperating with residents to alleviate the problem. He said the Vero Beach noise ordinance has been sent to the City Manager for review, and that a group of beach residents are getting a petition together. Chief Morris, in response to Ms. Simchick, said people can call the Police Department's non-emergency number 589-5233 to file noise complaints, and they will try to get compliance, but she noted the Police Department cannot enforce without a noise ordinance with specific decibel ratings. Ms. Simchick said low bass will not spike a decibel reading, and noted the calls she received turned out to be due to a garage band. Mr. Wolff said he has asked the City Attorney to look into noise ordinances that he had supplied, and that we should keep it simple and enforceable. He said he had also had discussions with Tom Collins (Capt. Hiram's) that the City needs certified equipment to measure levels. He said he asked the City Attorney to come back with a draft ordinance. Chief Morris said loud music in moving vehicles can be enforced. 4 Regular City Council Meeting July 29, 2009 Page Five The City Attorney advised that this situation is happening all over the country, that the City did have a lengthy noise ordinance which included specific levels, and it was removed from the Land Development Code (LDC) when the LDC was rewritten because it was not specific to the development of land; and when it was put back in the Code of Ordinances it was greatly reduced in scope. He said he will bring back language; it will be a code enforcement issue requiring appearances before the Special Magistrate. Mayor Gillmor said perhaps directing stereo speakers to a different location will not allow the sound to travel over water. Cathy Ferrell, A1A, Indian River County, said they live 2'h miles south of Sebastian Inlet, that she and her husband had sent a letter after repeated visits to the Police Department and were told that it would be helpful if there was an ordinance. Damien Gilliams provided the City Clerk with copies of his insurance certificate and site plan for the approved parking lot lease during the 4'h of July. He said he tried to do a good thing, and stated the Mayor allowed a Council woman to ridicule him; and his family deserved an apology. He further urged large recycling bins be provided in the business district. Mayor Gillmor said Waste Management will bring recycling bins to businesses. Mr. Gilliams said he attended the Budget Board meeting, said there is room to cut $260,000 in the budget, said if staff is taking furlough days, Council should take a cut. Mayor Gillmor called recess at 7:50 p.m. and reconvened the meeting at 8:02 p.m. All members were present. 12. NEW BUSINESS 09.056 A. Certification to Set Maximum Fiscal Year Millage Rate (Administrative Services 77-84 Transmittal, Forms DR-420, DR-420 MM-P, DR-420 TIF) The City Manager said setting the maximum millage was a procedural issue that establishes a bar that Council cannot go above, and that setting at the rolled back rate of 3.8 provides for a maximum millage for the TRIM notice and wiggle room for Council while they conduct their hearings on the budget. He said ultimately he will be recommending the final millage be set at 3.3456 mills which will be a decrease in taxes for residents. He advised Council he had received notice that we did not get the COPS grant for two additional officers. Mayor Gillmor complimented the City Manager on the budget and his out of the box thinking, as well as the Budget Board for their work. He agreed with utilizing reserves this year and keeping the final millage the same. MOTION by Mayor Gillmor and SECOND by Ms. Coy to set the proposed millage rate at the rolled back rate of 3.8 and authorize the City Manager to execute the forms DR-420, 420 MM-P, and 420 TIF. 5 Regular City Council Meeting July 29, 2009 Page Six In response to Mr. Hill, the City Attorney confirmed the rate should be stated at 3.8038 and Mayor Gillmor agreed to this with his motion. Result of the roll call: Ayes: All Nays: None Passed 5-0 Mr. Wolff commended the City Manager for the budget, stating this was his forte. He expressed concern for setting a higher maximum millage because the public takes what they hear at face value and said he'd rather see it set at 3.3456 now. The City Manager said setting the maximum higher at this time provides wiggle room for Council as they go through the budget process and by setting it at the current rate they would lock themselves in before they had public discussions. He said if Council is completely comfortable that nothing new will come up by the time of September's budget adoption, he said to set it at 3.3456 now. The City Attorney further advised that Council sets the final millage after two public hearings, and if they restrict themselves now, they may not have the ability to change it. Ms. Simchick noted this is the same problem she has with making motions before Council hears public input; she supported staff's recommendation. Damien Gilliams, 1623 US 1, Sebastian, urged Council to stay with 3.3 for the maximum millage, that property values went down and people are entitled to a tax decrease. He noted Council could reduce their travel budget, and cited the election cost in the Clerk budget of $32,000 and said he supposed it was mandated. The Clerk said the Supervisor was charging $2 per registered voters to all cities. He said there are other areas that could be cut. 09.112 B. Resolution No. R-09-28 -Approval of Six Year Capital Improvements Program 85-115 for FY 2010-2015 (Administrative Services Transmittal R-09-28, Program) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A SIX-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS ENDING 2010-2015; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-09-28 by title. Mr. Wolff questioned the $1,150,000 in 2009/2010 for public works garage relocation, said Council was not willing to budget money in the Golf Course which is an enterprise fund but are willing to put money into the relocation. He said he did not hear a public cry for it to be moved and thought it an outrageous sum to be spending. He said he thought we would just landscape for now and suggesting waiting to see what develops on the adjacent property. 6 Regular City Council Meeting July 29, 2009 Page Seven Mr. Hill said his concern was for getting into more debt with the Golf Course which he did not think was appropriate at this time, and Mr. Wolff said he was on track there. Mr. Hill continued that his concern was that the City be held to the same standard as any other development in the C512 overlay district, if we are not living under the same requirements we should move out. Discussion continued on the recent cleanup of the compound. Ms. Simchick said she would rather landscape now and chart the relocation out a few years. Ms. Coy said we could wait but the money is there now and we should do it now, stating it could provide local work. In response to Ms. Simchick, the City Manager said we could do major stormwater capital improvements with DST funds. Mr. Wolff said we need to explore using DST funds for stormwater issues. Discussion turned to the FDOT Barber repaving project and utilization of DST funds to do the stormwater improvements needed to go along with that project. Mr. Hill noted that three members seem to be opposed to moving the compound this year and he could support their decision, and questioned why we don't do more quarter round. The City Manager gave a brief report on the work plans for the Barber Street repaving project from stimulus funds. He suggested Barber Street drainage work can be done before or after the repaving project. 8:59 pm The City Manager said he will take what was said and re-sculpt the CIP with a new resolution and bring it back on August 12tH Damien Gilliams said Cleveland Street and other streets in the business district need repaving to attract more business. 09.118 C. Resolution No. R-09-25 Calling November 3, 2009 General Election (City 117-121 Clerk Transmittal, R-09-25, Ad) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CALLING A GENERAL ELECTION IN THE CITY OF SEBASTIAN FOR NOVEMBER 3, 2009; STATING WHERE THE ELECTION SHALL BE HELD, NAMING THE OFFICES TO BE FILLED AND QUESTIONS TO BE DECIDED; CAUSING THE NOTICE OF ELECTION TO BE PUBLISHED IN ACCORDANCE WITH FLORIDA LAW; DELEGATING ADMINISTRATION OF THE GENERAL ELECTION IN MATTERS RELATING TO VOTERS, VOTING METHODS, AND CANVASSING TO THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title. MOTION by Mr. Hill and SECOND by Mayor Gillmor to adopt Resolution R-09-25. 7 Regular City Council Meeting July 29, 2009 Page Eight Ms. Coy reminded everyone there would be no early voting this year in Sebastian but it will be available in the Supervisor's office in Vero Beach. She also noted one of the precincts had changed already. The Clerk advised that her office would advise the public as the changes are made. There was no public input. Result of the roll call: Ayes: All Nays: None Passed 5-0 09.048 D. Tax Abatement Incentive Referendum -November 2009 or 2010 -Direct Staff 123-134 (City Clerk Transmittal, R-09-11 Economic Development Plan) The City Manager said staff was looking for direction on this item to either put this on the ballot with the County in 2010 or add it to our ballot this November. It was the consensus of Council to put this on the November ballot and educate the public. The City Attorney advised Council to educate with factual statements and not proselytize. Mayor Gillmor advised Council to vet their statements with the City Attorney. Staff will prepare the ballot language for September 9th meeting. 09.119 E. Political Signs - LDC 54-3-16.5(4) (d) Provision Re: Thirty Day Time Limit for 135-139 Placement Suspended Indefinitely by Council Motion in 2008 -Direct Staff (City Clerk Transmittal, 8/27/08 Minutes Excerpt) The City Attorney said last year Council decided not to enforce the sign ordinance which he thought that was a wise decision as it would need to withstand a judicial attack. He said an ordinance would be subject to strict scrutiny, needs to be content neutral, and apply to all advertising, otherwise the court will feel Council is singling out political speech which is one of the highest classes of protected speech. He offered to continue to monitor what is going on in the United States, noting there wouldn't be any enforceable language ready for this election, but there could be in the future. Mayor Gillmor asked that we appeal to candidates to only put up their signs within 30 days of the election. Ms. Coy noted that almost everyone was willing to do that last year. The Clerk pointed out the motion waived only the 30 day posting time, indicating the removal time needed attention. The City Attorney said he understood the motion to include the removal of signs as well, but there was no harm in stating that Council would be waiving the enforcement of section 54-3-16.5(4)(d). Regular City Council Meeting July 29, 2009 Page Nine MOTION by Ms. Coy and SECOND by Mr. Hill to waive section 54-3-16.5(4) (d) of the code and all other sections of the sign code remains the same. Result of the roll call: Ayes: All Nays: None Passed 5-0 09.017 F. Review and Set Bi-Annual Goals for Charter Officers As Required by Resolution 141-145 R-07-31(City Clerk Transmittal, January 2009 Goals) Mr. Hill said he meets with staff on a weekly basis and Council gives great direction to staff at each meeting which is sufficient. Ms. Coy agreed, adding that she does not like the evaluation process. She said she would be in favor of adjusting Resolution R-07-31. Mayor Gillmor said Sebastian has been blessed with three people extremely skilled in their jobs; and once or twice a year they should be thanked for the job they are doing. Ms. Simchick explained the thought behind the resolution; said the City Attorney was a delightful addition; asked the City Manager to schedule installment plans for future technology advancements within the City such as reverse 911, and T-1, T-3 lines. She said the Clerk has one of the hardest jobs and urged her to continue with her cross- training. Mr. Wolff said setting goals provides the Council an opportunity to have a meeting of minds. He said while he did not have anything new, six months is a good time frame to review benchmarks, make sure they are in the right direction. He felt everyone is on the right track and he commended everyone who is doing more with less. 13. CITY ATTORNEY MATTERS -none. 14. CITY MANAGER MATTERS 09.021 A. Billboard Update (Transmittal, Renderings) 147-151 The City Manager said staff is seeking feedback for the third billboard. Ms. Coy said circle page 149 is blurry. Mr. Hill, Mayor Gillmor, and Ms. Simchick favored circle page 153. Mr. Wolff said the rocks on circle page 149 weren't really Sebastian and he favored circle page 151 and 153. The City Manager said staff would get them taken care of and believes we are a couple of weeks out from installation. 9 Regular City Council Meeting July 29, 2009 Page Ten Ms. Coy asked the City Manager to check if the billboard closest to the exit is in Fellsmere city limits and if it will be able to be reinstalled. He said he would double check. 15. CITY CLERK MATTERS -none. 16. CITY COUNCIL MATTERS A. Vice Mayor Hill Mr. Hill asked for a full report on the Facade Sign and Landscape (FSL) grant program. Ms. Simchick asked if there was a CRA meeting scheduled for September 12th regarding the Feather Wars and she said the FSL program could go on that agenda. The City Manager said he would schedule a meeting for the 12th at her request. B. Council Member Coy 09.120 A. Parking for Future City Events (No Backup) Ms. Coy said she hoped this was going to be an agendized item and asked this be placed on the next agenda to see if the City can lease Mr. Hillbrick and Mr. Green's property in the future. There was no objection. C. Council Member Simchick Ms. Simchick asked the City Manager to publicly explain what happened to the mirrors on Barber Street near Joy Haven and Concha Streets, near the pedestrian bridges. The City Manager responded this goes back to a report he has not provided to Council yet on the pedestrian bridges. He explained they received complaints that going in and out of Concha and Joy Haven was made harder with the installation of the bridges but a thorough study of police reports indicated the speed up and down Barber was the problem. He said staff was heading towards flashing signs on Barber Street to get people to slow down. Ms. Simchick said we are three months out from the Department of Community Affairs' comments on the Fellsmere annexation and asked where the City was with the Interlocal Services Boundary Agreement. She also said she had concerns with vagrants in Riverview Park as far as safety was concerned. She also asked if one of the men's toilets in the new Main Street bathroom could be swapped out for a urinal. The City Manager said he could probably fix it. D. Council Member Wolff Mr. Wolff noted the lighted kayak sign on the Airport's side of Roseland Road opposite conservation area and said people are asking what future signage is planned as people transition between the two areas. He suggested discussion should happen before more lighted signs appear. 10 Regular City Council Meeting July 29, 2009 Page Eleven E. Mayor Gillmor Mayor Gillmor asked for smaller signs on Sebastian Blvd. and U.S. 1 near the south entrance to Indian River Drive to direct people to the riverfront. The City Manager said the County will have governing authority on Sebastian Blvd. and he would get with the County. 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 9:47 p. m. Approved at the August 12, 2009 Regular City Council meeting. ichard H. Gill or, Mayor ATTEST: -~~^ Sally A. 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