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HomeMy WebLinkAbout0922199999.143 99.174 99.189 99.190 99.19I Operation Hogr, ffFreedgqt.Chri~itian Center Use of Conltlluttity Center - 10/16/99 - 7:30 pm to Midnight - Ext~ded Use and Admission Fee Require Council Approval - police Ser~i.c, es Px~quire~ - approved copy minutes to file ascertain that PD and PW an: aware of use letter to OH/FCC file YC/CC Second Rcadi~ Publj~ I-Iearing and Final Adoption of Ordinancq: No. O-99-13 - Manager Responsibility..Over P~f.~I~rmel Adminis~'ation - adopted sign, seal - copy to filc, counter, all dept. heads c.mail and mail copy to MCC blue back original -filc vault 99 ORIG ORD file backup in vault - 99 ORD BACKUP update \wp-ord as to adopted date ResolutionNo. R-99-49 - Emergency Disaster Reserve in General Fund - $350.000 - adopted sign, seal - copy to file, counter, Finance, bluo back original - file vault 99 ORIG RES file backup in vault - 99 RES BACKUP update \wp-res as to adopted date Approve GolfCourse_C0tI path Project - approved copy minutes to file, Golf Course Miscellaneous file vault - FINANCE - 99 Bids/Purchases Authorize l~ity Manager to Enter Into Piggyback Contract from Martin Coullpj. Jt2FP #65-98 with Karlin Danids& A~o~iates for Auction of City Surplkl~ I~quipme~ - approved copy minutes to file file FINANCE - 99 Bids/Purchases 10/6/99 Special Meeting - post notice - update calendars 2 ACTION LT.,ST THE FOLLOW'ZN~ I5 A LIST OF ACTIONS TAKEN AND/OR I)IP-.Ec'rJ:ON..S ,~']:VEN AT THE 9/22/99 REi~ULAR, MEE'I-J:N~, All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material put in chronological orde~ and placed in clips within the file £ity tJar~ger, City A ttarney, Parchasir~ and all other departm~t hends get a full set of draft minutes, and are responsible for copyin9 whatever is per#nent to their departments. Hie will continue to place copies o£ indivic/aa/ minutes pages in backup fifes. 99.184 99.185 99.186 99.187 99.188 99.092 Proclamation - Nathan McCoilum - Indian River County l~m~rgency Managgment Goordinator - presented Proclamation- Constimtiop W??k. Daughters of American R~volution - presented Proclamation - World Population Wcck- presented Joe Generazio - Realtors Association of Indian Rivet CoJmty - City' O~cqpational Licensing practic~ - presentation - City Attorney to obtain AGO and determine whether license fees canbeheldinescrow ,Dt-)Ti{-~ "~,) fd~' ~-~.t~,.[-'~lx~'[-~tS~)~ 0 ~- (~')1~['~j.f-~)Z~--<o'' create file copy minutes to file file pending credenza GrovahManagcment Dir~t0r. Tracy H~$~ - Px~vised Land D~y~.lopment Cod~ ~tatu$ Reoort - presentation copy minutcs to file file pending credenz, a l~inal Adoption of 1999/2000 Fiscal Year Millag¢~ Rate - ResolutiO0 No. R-99-48 - Final Adoption of 1999d2000 [:iscal Year Budget AS A~ll.dedg/9/99 - $~nd Reading, and Final Adoption of Ordinance No. 0-99-16 - adopted sign and seal resolution and ordinance, copy to file, counter, Finance (with additional 3 certified copies) blue back originals - file vault - 99 OKIG RES and ORD file backup in vault - FINANCE - Budget 99/2000 not~ location of backup file in ord and res backup updal~ \wp-res and \wp-ord as to adopted date Approval of Minutes - 9/8/99 Regular Meeting. 9/9/99 Budget Hearing - approved sign, seal - place in book R~gular City Council Meeting September 22, 1999 Page Eight DRAF1 CITY COU3ICIL MATTERS A. Mr. Barczyk Noted he had dis~ibuted a pending list to the City Manager and City Council (ss attached) Recommended the n~xt for a polic~ officer for traffic control at future Pelican Island Pm-mt Teacher Day as requested by the school Paid his re~s, pects to Martha Wininger and said he hoped CounCil could carry on'in her tradition B. Mr. Bishol~ - None C. Mr~ ~ajch,r Requested an update on the Yacht Club dock and the City Manager said staffwas working on reimbursement by FEMA and as of Monday had arranged to bring in a contractor to make repairs D. Mayor Ne~l~rg~' TAPE II - SIDE I (8:34 p.m.) Mayor Neuberger read a letter of tribute to Martha Wininger, commending her for her professionalism Requested City Council input on a special meeting date for selection of a City Council member replacement Challenged citizens to participate in the County wide clean up and noted there is a $1000 first prize for the city which collects the most trash which Fellsmere has won for the last two years Noted that various trucks are filling up at the City well. The City Manager said he will look into it Mr. Majcher requested an update on the refurbishing of the Creative Playground. The City Manager said he will have Chris McCarthy coordinate with the citizens group. It was the couseusus of City Council to schedule a special meeting for October 6, 1999 18. Being no further business, Mayor Neuberger adjourned the Regular Meeting at 8:45 p.m. Approved at ,1999, Regular City Council Me,ting. Katlmyn IV[ O'Halloran, CMC/AAE City Clerk Chuck Neuherger Mayor Regular City Council Meeting September 22, 1999 Page Seven DRAFT The City Attorney read Resolution No. R-99-49 by title. MOTION by Majcher/Bishop "I move to approve Resolution No. R-99-49, establish reserve for the general fund in the amount of $350,000 for catastrophic disaster in the City of Sebastian." The Finance Director, in response to Mr. Barczyk, stated the $350,000 emergency reserve will stay in the undesignated fund balance; and will not be used for anything else unless by City Council approval. ROLLCALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye MOTION CARRIED 4-0 99.190 B. Approve Golf Course Cart Path Project (Golf Course/ha'ch~jng Transmitta| 9/10/99~ The Golf Course Manager responded to questions from Council relative to location and engineering. MOTION by Barczyk/Majcher "I move to approve agenda item 99.190 Golf cart path paving project." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 4-0 99.191 Authorize City Mansager ~O.l~t, er Into Piggyba¢Is Contract from Martin County gFP #~-91~ WiIIk Karlin Daniels & Associates fgr Au~tLon of CiO Surplus E~uipment (Purchasing Transmittal 9/16/99) MOTION by Majcher/Barczyk "I move to approve staff to enter into a piggyback eonlxact with Martin County, RFP #65-98 with Karlin Daniels for the purpose of absolute auction of city surplus equipment.'' ROLLCALL: Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRJED 4-0 7 Regular City Council Meeting September 22, 1999 Page Six DRAFT 99.189 14. 15. 16. 17. MOTION by Barczyk/Majcher "I move to adopt Ordinance No. O-99-13." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 4-0 INTRODUCTION OF NEW BUSINE$~ F~,QM THE .PIJBLIC Item that has occurred or was discovered within the previous ~ix months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Walter Barnes, 402 Azine Terrace, Sebastian, expressed dismay at the pettiness of complaints made to the state regarding political sign violations. Sal Neglia, 461 Georgia Boulevard, Sebastian, on behalf of the Sebastian Property Owners, expressed sympathy for the loss of Mayor Wininger; commended Jerry Converse and Steve DiTrapano for their work on a washout on Indian River Drive during off-duty hours; suggested that the city property at the southwest comer of Main Street and Indian River Drive bc improved for use by residents. Steve DiTrapano, 42 Chelsea Avenue, Sebastian, and CWA spokesman, thanked City Council, City Manager and committee members for approval of the new employee health services contract which partially contributes to dependent coverage. COMMITTEE REPORTS/RECOMMENDATIONS Mayor Neuberger reported on the Beach Committee meeting relative to restoration, PEP reefs, and loss of turtle nests. OLD BUSINESS None. L~USlNES8 Resolution No. R-99-49 - Emergency Disaster Resente in General Fund - $350,000 (Fin~cq Transmittal 9/17/99, R-99-49_) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING AN EMERGENCY RESERVE IN THE AMOUNT OF THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000), FOR THE PURPOSE OF PROVIDING FUNDS IN THE EVENT OF A CATASTROPHIC DISASTER OCCURRING IN THE CITY OF SEBASTIAN. 6 Regular City Council Meeting September 22, 1999 Page Five DRAFT 99.143 12. 13. CONSENT AGENDA All itema an the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unle~ a member of City Council so requests; in ~hich eveng the item will be removed and acted upon separately. A. Approval of Minutes - 9/8/99 Regular Meeting, 9/9/99 Budget Hearing Operation Hope/Freedom Christian Center Use of Community Center - 10/16/99 - 7:30. pm to Midnight - Extended Use and Admission Fee Require Council Approval - Police Services Required (City Clerk Transmittal 9/16/99, Application, R-98-43, Tax Exempt Certificate) The City Manager read thc consent agenda. MOTION by Bishop/Barczyk "I move to adopt items A and B of the consent agenda." VOICE VOTE on thc motion carried 4-0. PUBLIC Hl~ARING Procedures for publfa hearings: (R-99-21) · Mayor Opens Hearing AHorney Reads Ordinance or Resolution · StaffPresentation · Public Input - IAmit often Minutes Per Speaker · StaffSummation · Mayor Closes Hearing · CouncilAction Anyone [Fishing to Speak Is Aslunt to $tgn Up before tl~ Meetlng, When C~led go to th~ Podium and State His or Her Name for the Record Second Reading, Public Hearing and Final ~d~ti.~ of Ordinatlce No. Q-99-13 - Manager Responsibility Over Personnel Administration (City Clerk TransmiUal 8/19/99. 0-99-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& AMENDING CODE OF ORDINANCES CHAPTERS 2 AND 26 TO REFLECT CITY MANAGER AUTHORITY OVER PERSONNEL MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at 7:58 p.m.; and the City Attorney read Ordinance No. O-99-13 by title and gave a brief explanation of the proposed amendments. Mayor Neuberger closed the public hearing at 8:00 p.m. 5 Regular City Council Meeting September 22, 1999 Page Four DRAFT TAPE I- SIDE I (7:47p. m.) ii. Final Adgl~tion of 1999/20_00 Fiscal Y~ar_Budg,t As ~a~enfl~ 9/~99 - S~ond Reading. and Final AdoptiOn of Ordinance No. 0-99-16 (Fin~ce Di/ector Transmittal 9/16/99. Q-99-16 as amended w/Attached Schedule ,tO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EX]PF~SES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CiTY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNI~, GOLF COURSE FUND, AIRPORT FUND, AND MAJOR EQUIPMENT REPLACEMENT FUND AS PROVIDED FOR IN SCHEDULE "A', ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-16 by title. Mayor Neuberger inquired whether all pay raises are incorporated at the same percentage rate for all employees and the City Manager said all employees will get the same percentage rate; said he was not against the MACE program, only questioned why taxpayers pay twice for its services; suggested funding for MACE come from other than the Police Department budget; expressed his support for a full-time position for the Airport Manager and inquired whether any plans had been made for Airport management in light of the pending resignation of Mr. Van Antwerp. The City Manager responded said plans are in effect to assure all airport goals and objectives are adhered to. In response to M~. Barczyk, the City Manager said he had met with M~. Van Antwerp relative to the position, and that, in his opinion, there is further study to be done in fiscal year 2000 to determine management needs before making any adjustments. Mayor Neuberger thanked Mr. Van Antwerp for his many years with the City. MOTION by Bishop/Barczyk "I move to adopt Ordinance No. O-99-16, adoption of the fiscal year budget for 1999/2000." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 4-0 Mayor Neuberger noted "as amended with attached Schedule A" and Mr. Bishop concurred. 4 Regular City Council M~cting September 22, 1999 Page Three DRAFT 10. 99.092 11. CITY ATTORNEY MAT~ER Reported on the Riverfront district 50% coverage matter presented by an Indian River Drive property owner. He said the individual has stated he can live with the proposed ordinance governing the measuring point for lot width. He then sought authority to administratively implement lot width measurement from the midpoint under the pending change of law. CITy_,MANAGER MATTERS None. ~ITY CLl~RK MATFERS The City Clerk gad a tribute to Mayor Martha Wininger. CITY COUNCiL MATTERS City Council Matters was moved to the end of the agenda during Agenda Modifications. pUBLIC HEARjNG AND FINAL ADOPTION - 1999/2000 MILLAGE Al~[D BUDGET (ddwr~'sed in Aeeordan~ with 200.065 F.S.) A. Public Comment Mayor Ncubcrger noted no one had signed to speak under public commenL B. City Council Actio~ Fin_al Adoption of 1999/2Q00 Fiscal Year Mill0g¢ Rate - Re, solution No. R-99.48 ff'~an~ Transmittal 9/16/99-R-99-48) A P.F. SOLLrFION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 5.0000 MIHg FOR THE CALENDAR YEAR 1999 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER I, 1999 AND ENDING SEPTEMBER 30, 2000. The City Attorney read Resolution No. R-99-48 by title. MOTION by Bishop/Majcher "I would move to adopt the 1999/2000 fiscal millage rate at 5.000 mills for the calendar year 1999 beginning October 1, 1999 and ending September 30, 2000 (Resolution No. R-99-48)." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 4-0 P~gular City Council Meeting September 22, 1999 Page Two DRAFT 99.184 99.185 99.186 99.187 99.188/ 98.150 AGENDA MODIFICATIONS (ADOITION~; AND/OR DELETION_Si Items not on the written agenda may be added only upon a majoriO, vote of Ci(y Council members (R.99-21) Mr. Bishop received consensus of City Council to move Council Matters to the end of the agenda. pROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Proclamation - Nathan McCollurll -l~i~ Ri¥~r ~0uoty Emergency Man0gement Coordinator Bo Mayor Neuberger read and presented the proclamation to Nathan McCollum. Pfo~.lat~ation - Constitutioll.~j~ek - Daughters of American iq, evolution Mayor Neuberger read and presented the proclamation to Aloa Lorton. C. Eroclamation - World Population W~k Mayor Neuberger read the proclamation. There was no recipient. Jo~ Generazio - Realtoxs A,s~ociation of Indian River County -~ity Occupational Licensing Practi~¢~ (Ci~ Manag~' ~cmo 9/16/99, Offutt Letter) Mr. Generazio distributed backup to City Council, and gave a brief presentation on a request by the Realtors Association to amend its occupational licensing policy (Sections 30-36 and 30-37)relative to individual salespersons working for a real estate office (see attached). The City Attorney cited several revisions to Florida law over the years, stating that in 1972, the state repealed its exemption provision, and he questioned whether the city had the authority to exempt a power to tax granted by the state. He said if directed he could obtain an Attorney General opinion on the matter. It was the consensus of City Council that he obtain an opinion. Mr. Generazio recommended DBPR records be maintained by the City; and inquired whether 1999/2000 occupational license fees can be put into escrow while the matter is being reviewed. Growth Management Director. Trq~d Hass - Revised La~d Development Code Status Re, port (.Qrowth Management Tr~smittal 9/16/99, Summary. Solin Memo) Growth Management Director, Tracy Hass gave a brief update on the schedule for Land Development Code revisions. He noted that November 4, 1999 is the tentative date for Planning and Zoning to make its recommendation to City Council; stated this will be an entirely new code, which would make it difficult to present it in legislative format; and briefly touched on the CR512 corridor proposal. 2 DRAFT SEBASTIAN CITY COUNCIL MINUTES FINAL BUDGET HEARING AND REGULAR MEETING WEDNESDAY, SEPTEMBER 22, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Neuberger called the Regular Meeting to ordo' at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City ~oqn~il Pr~$~0t; Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. Staff Present: City Manager, Terrenc~ Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Financ~ Director, Mark Mason Chief of Police, Randy White Assistant Public Works Director, Jerry Converse Human Resources Director, Rich Samolewicz Growth Management Director, Tracy Hass Building Director, George Bonaeci Golf Course Manager, Pat Cerjan Airport Manager, John Van Antwerp Exemptions shall be allowgd as provided in Chapel]: 295 Florida Statutes. as it Fay be ame]lded by the Florida LegSslature, Sec. 24 3/4-18. ·General Business There is hereby created a new general business classificati°n to replace all previous or existing classifications. Every person engaged in a business in Martin county shall pay a license tax of twenty-five dollars ($25.00). This will include every person engaged in the practice of any profession, who offers his service either directly or indirectly to the public for a consideration, whether or not such endeavor be regulated by law. Every person engaged in a profession, business or occupation regulated by law where licensing and qualification standards are required shall display and exhibit to the tax collector the license for the current year prior to the tax collector issuing· an occupational license pursuant to this chapter. ~.nQ~_b.9~rg. qulred~her~a ~personV~:~a'£gnougn~';::l~lcense~'~'"Dy ~-law under a ~,...regulatory-:statute;,.'.:ls. Drohlblted~i~f.rom[~eng~'~g-'-ih a-pr°f~Slon, ~us~ness ~o~gccupatioh'-.~nl ess,.'~unde~h~direct-',~supervis i on- of ~.ano~hg~,person,~ndi~idual~or~,~orpRration?i~t Every individual or group of individuals who operates a branch office, or any professional corporation which operates an office in which a profession is practiced, shall, license each office in which the profession is practiced. Sec. 24 3/4-~6~9. Pawnbrokers. 2~5.434. Pawnbr~kcrs~ - passages are deleted; =14- Ctruck through added. Underlined passages are I7 PGI 6 7 9 2. Salespersons working for a broker whose office is physically located within the City limits are charged an occupational license while their counterparts in other local jurisdictions (most of which do business within Sebastian) are not charged. a. Indian River County: charges broker only; salespersons are not charged b. Vero Beach: charges broker only; salespersons and broker/salespersons are not c. Martin County: charges broker $25; brokerage office $25; salesperson not charged d. Stuart: charges brokerage firm $100; broker $100; salesmen $25 3. How does Sebastian identify real estate licensees within Sebastian? Does the City use the DBPR list? How does it determine who works in Sebastian? O-95-11 Sec. 30-36 Evidence &engaging in business. The advertisement of any business by sign, newspaper, magazine, telephone listing, or other public notice shall be conclusive evidenceeof the engaging in and carrying on of the business in the city so advertised. It is our point that visual identification is not an accurate or equitable assessment of all real estate licensees who operate within Sebastian. a. According to DBPR records, there were 2,405 salespersons licensed in Indian River County as of August 30, 1999. b. The DBPR list shows real estate licensees by county under their home address; the information does not indicate where licensees work. c. A Sebastian address does not mean the licensee works in Sebastian, or that non-Sebastian residents don't work in Sebastian. d. a broker can work independ, ently from his/her home without an established office location." Proposed Suggestion 1. Amend Sec, 30-37. Exemptions, To add: "An occupational license shall not be required where a berson, although licensed by law under a regulatory statute, is prohibited from engaging in a profession, business or occupation unless under the direct supervision of another parson, individual or corporation." (This criterion does not give preferential treatment to real estate licensees above any other professions that might be similarly affected.) 2. Amend Sec. 30-36 to require use of DBPR records to identify all regulated professionals. To From Re Date Appeal City Manager, Sebastian, Florida Realtors Association of Indian River County Occupational license assessment for real estate salespersons and broker/salespersons. September 1, 1999 IsSUe The City of Sebastian charges individual real estate salespersons (and broker salesmen) an occupational license fee of $60 per year. [0-95-11 ] Request Pursuant to Sec. 30-30 Disagreement as to classification; appeal. The Realtors ASsociation of Indian River County requests an exemption for salespersons and broker/salespersons from the occupational license fee since they are precluded by Florida Statute from working independently; they must work under the supervision of a licensed broker. " Background F.S. Chapter 475 regulates real estate licenses; there are three levels of real estate licensure: F.S. 475.01 Definitions. -- · (c) "Broker" (principle business owner - we take no issue with fee for broker) (d) "Salesperson" means a person who performs any act specified in the definition of "broker," but who performs such act under the direction, control, or management of another person. A salesperson renders a professional service and is a professional within the meaning of s. 95. l l (4)(a). (e) "Broker-salesperson" means a person who is qualified to be issued a license as a broker but who operates as a salesperson in the employ of another. Discussion Points 1. Real estate salespersons (and broker/salespersons) are employees &the broker and they may not operate their own business, FS. 475.01 (2): The terms "employ," "employment," "employer, "and "employee" when used in this chapter and in rules adopted pursuant thereto to describe the relationship between a broker and a salesperson, include an independent contractor relationship when such relationship is intended by and established between broker and a salesperson. The existence of SUch relationship shall not relieve either the broker or the salesperson of his duties, obligations, or responsibilities under this chapter. F.S. 475. 42 Violations (1)(b) "no person licensed as a salesperson shall operate as a broker or operate as a salesperson for any person not registered as his employer." Note: Salespersons are often employed as salaried personal assistants. I I SEBASTIAN CITY COUNCIL AGENDA FINAL BUDGET HEARING AND REGULAR MEETING WEDNESDAY, SEPTEMBER 22, 1999 - 7:00 P.M. CITY COUNCIL ~ERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA'Y BE INSPECTED 1N THE OFFICE OF THE CiTY CI..F_J~ - 1225 MAIN STREET, SEBASTIAN, FLOR[DA Individuals will address the CiO~ Council with respect to agenda items immedia~e~ before deliberation of the item by the City Council - limit often minut~per speaker (R-99-21) 1. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Pastor Marcos Batista - iglesia Penttn:ostal El Milenio ROLI~ CALI~ I 99.184 1 I ~9.185 99.186 $ I99.187 7-8 i 99.188/ 98.150 9-12 AGENDA MQDIFICATIO~IS (ADDITIONS AND/OR DF~I~ETiONS] Item~ not on the written agenda may be added one, upon a majori~ vote of Cio~ Council member~ (R- 99-2 I) I~RQCLAMATIQN~;, ANNOUNCEMENT.~/~ND/OR PRESENTATIQNS A. Proclamation - Nathan McCollum - Indian River County Emergency Management Coordinator B. Proclamation - Constitution Week - Daughters of American Revolution C. Proclamation - World Population Week D. Joe Generazio - Realtors Association of Indian River County - City Occupational Licensing Practices (City Manager Memo 9/16/99, Offutt Letter) E. Growth Management Director, Tracy Hass - Revised Land Development Code Status R~po~ (Growth Management Transmittal 9/16/99, SummaD,, Solin Memo) 99.092 13-16 17-25 27-41 99.143 43-46 8. 9. 10. 11. 12. CITY ,a,T'TQRNEY MATTERS CITY MAN,4GER MATTERS CITY CLERK MATTEI~5 ~ITY CQUNCIL MATTEI~ A. Mr. Barczyk B. Mr. Bishop C. Mr.M~cher D. MayorNeub~rger PUBLIC HEARI.NG AND FINAL ADOPTION - 1999/2000 MILLAGE AND BUDGET (Adwrtiae. d in Accordamm w~th 200.065 F.S.) A. Public Comment B. City Council A~tio_.ua Fioat Adoption of 1999/2000 Fiscal Y~ar Millage Rate - Resolution No. 1~-9_9-48 (Finance Transmittal 9116/99. R-99-48) A RESOLUTION OFTHE CITY OF SEBAglXAN. INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 5.0000 MILl3 FOR THE CALENDAR YEAR 1999 AND ALLOCATING SAME TO THE FISCAL YEAR BEGII~NING OCTOBER 1. 1999 AND ENDING SEPTEMBER 30, 2000. Final Adoption of 1999/2000 Fiscal y~;ar Budget As Amended 9[9/99 - Scconcl R¢~diog. and F'mal Aflo. ptio. n..of Orclir~aoce bio. 0-99- L6 (Finance Director Transmittal 9/16/99. 0-99-16 as amended w/Attached SchedoLe A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Oi: SEBASTIAN. INDIAN RIVER COUNTY. FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCI'OBER 1. 1999 AND ENDING SEPTEMBER 30, 2000; MAKING APPROPRIATION~ FOR ~ PAYMENT OF OPERATING EXPENSE8. CAPrrAL EXPENSES, AND FOR TH~ PRINCIPAL AND INTEREST PAYMig/~ ON'THE BOND AND OTHER INDEBTEDNESS OF THE CITY iN THE CITY'S GENERAL FUND, SPECIAL REVENUE ~ DEBT SERVICE FUND. CAPITP~L IMPROVEMENT FUND~ GOLF COURSE FUND, AIRPORT FUND. AND MAJOR EQUIPMENT REPLACEMENT FUND AS PROVIDED FOR IN SCHEDULE "A", Al'rACKED HERETO, ESTABLI,SHING AUTHORITY OF THE CfTY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY: PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. CONSENT AGI~J~A Ail items on the consent agnmda are considered routine and will tnt enacted by one motion. There will be no separate di~cuazion of consent agenda items unless a member of City Council so requests; b~ which even~ the item will be removed and acted upon ~eparate~, A. Approval ofMinutes - 9/8/99 Regular Meeting, 9/9/99 Budget Hearing Operation HopedFre~lom Christian Center Use of Commtmity Center. 10/16/99 - 7:30 pm to Midnight - Extended Use and Admission Fee Require Council Approval - Police Services Required (City Clerk Transmittal 9/16/99, Application, R-98-43, Tax Exempt Certificate) 2 13. PUBLIC HEARING Proc~dure~ for tntbil¢ Inn~qng ~: (R.99-21) · Mayor Opens Heating · Attotmty Read~ Ordinance or Resolution · StalTpr~mtaUon Public inlet- Limit of TeaMinutes Per Speaker · Staff$~nmaaon · Mayor Clm~ Hearing · Coanc~lActton Anyon~ Wishing to ~ tt Asked to Sign Up b~for~ th~ Meeting, P/hen Called go to th~ Podium and Stat~ His or Her Nam~ for th~ Record 99.174 I 47-54 I I 14. Second Reading.Public Hearing ajlgl Final Adoption of Ordinanc~ No. 0-99-13 - M.an~er p,,~ponsibili~ Over Pe~on3~l Administration (City Clerk T.r_ansmieal 8/19/99, 0-99-131 AN ORDINANCE OF TItE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTF. II$ 2 AND 26 TO REFLECT CITY MANAGER ALrI'HORITY OVER PERSONNEL MA'I'rERS; PROVIDING FOR CONFLiL-'T~; PROVIDING FOR .qEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. INTRODUL-"IIO~_QF NI~W BUSINESS FROM TIlE PUBLIC Item that has oc~trr~d or was di.~covered within the previcn~ Mat months which is not otherwise on the ag~tda - Mg~t-up required ~ limit often minutes for each speaker I 15. 16. I 17. 99.189 I55-57 99.190 COMMITTEE REPQRTS/RECOMMENDATIQNS OLD BUSINI~$.~ - None NEW BUSINESS I59 99Am C. 61 Resolution No. R-99-49 - Emergency Disaster R~serve in General Fund - $350,000 (Finance Transmittal 9/17/99, K-9_9-49) A RESOLUTION OF THE CITY OF SEBAKrlAN, INDIAN RIVER COUNTY, FLORIDA, F_.3TABLISHING AN-EMERGENCY RESERVE IN THE AMOUNT OF THREE HUNDRED FIFTY THOUSAND DO~ ($3~0,000), FOR THE PURPOSE OF PROVIDING FUNDS IN THE EVENT OF A CATASTROPHIC DISASTER OCCURRING IN THE CITY OF SEBASTIAN. B. Approve Golf Course Cart Path Project (Golf Course/Purchasing Transmittal 9/10/99) Authorize City Manager to Enter into Piggyback Contract from Martin County RFP' #65-98 with Karlin Daniels & Associates for Auction of City Surplus Equipment (Purchasing Transmittal 9/16/99) __ 18. ADJOURN (411 meetings abali adjourn at lO:SOp, re. unleas extended for up to one half hour by a majoriO, vote of CiO, CounciO ANY PF_2LeON WHO D£C2DE~ TO dIPPF. AL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTF_~ CONSIDERED AT THI~ MEETING (OR HEARING) [FILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE TI-L4T A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDF_~ THE TES133,tONY AND EFIDENCE UPON WHICH THE APPF_4L IS TO BE HEARD. (286.0105 ES.) I I I' 13[ CObIPLIANCE WITH THE AMERiC. ANS WITH DISABILITIES ACT (ADA). ANYONE WHO NEEDS A SPECIAL ACCOAOdODATION FOR THIS btEETING SHOULD CONTACT THE CITY '$ ADA COORDINATOR AT 589-5330 AT I.W__.AST 48 HOURS IN ADVANCE OF THIS 3dEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetinas: · Workahop. Charter Amendments. Wednemlay, 9/29/99 - 7 pm o Regular Meeting. Wedne. vday, 10/13/99.7pm Regular Meeting- Wedne.~day, 10/27/99- 7pm NATHAN MCCOLLUM anJ INDIAN RiVER COUNTY EMERGENCY MANAGEMENT WHEREAS, as Hurricane Floyd grew to enormous proportions in the Atlantic and set his sites on the State of Florida, frightening recollections of Andrew persisted in our psyches; and WHEREAS, uncertain of the track Floyd would take and concerned for the destruction that landfall in the City of Sebastian could cause, its citizens sought guidance to protect their lives and property; and WHEREAS, while major networks were providing us with general information and storm tracks, fellow resident and Indian River County Emergency Management Coordinato~ Nathan McCollum, with the assistance of cable TV, provided us with beneficial tips on protecting ourselves and our homes, and up to the minute progress reports on the storm as it would affect In. an River County; and WHEREAS, Nate, without his tie but with a usual calm countenance and constant vigilance, kept us safe and reassured that someone was watching out for us and eased us through an otherwise highly stressful situation. NOW THEREFORE, I, Chuck Neuberger, by virtue of the authority vested in me as Mayor of the City of Sebastian, Flodda, do hereby recognize and commend Nathan McCollum and Indian River County Emergency Management for their commitment to the safety of the Citizens of Sebastian. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal o! the City of Sebastian, indian River County to be affixed this 22nd day of September, 1999. Attest: Chuck Neuberger, Mayor Kathryn M. O'Halloran, City Clerk CONSTITUTION WEEK WtlEREAS, September 17, 1999 marks the two hundred twelfth anniversary of the draining of the Constitution of the United States of America by the Constitutional Convention; and WIIEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion, and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW THEREFORE, I, Chuck Neuberger, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, do hereby proclaim the week of September 17 through September 23 as "CONSTITUTION WEEK" and ask our citizens to reaffirm the ideals the framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian, Indiaii River County, Florida this 22nd day of September, 1999. Attest: Chuck Neuberger, Mayor Kathryn M. O'Halloran, City Clerk WORLD POPULATION AWARENESS WEEK WHEREAS, world population is projected to reach six billion this year, a trebling of th~ planet's human numbers within this century and an event that will be symbolically recognized on the Twelfth of October; WHEREAS, state and local jurisdictions, including the City of Sebastian are confronted with environmental and societal challenges such as water shortages, traffic congestion, inner city deterioration, curtailment of basic services, climate change, and the spread of infectious diseases; WHEREAS, these challenges are inextricably linked to patterns ofconsidcrable demographic change, such as areas west of the Mississippi River doubling in population size as rapidly as Africa, the world's fastest growing region; WHEREAS, urban areas historically have served as centers of trade,transportation, industry and markets, providing the economic and cullural diversity and vitality that oRcn define the very nation ur region in which they are located; wHEREAs, the detrimental aspects of urbanization are most severe in developing countries, where grinding poverty and lack of resourees compound their impact, but industrialized countries, with their consumptive lifestyles, are also extremely vulnerable to their consequences; WHEREAS, urban areas of the industrialized world arc expected to absorb over onc billion additional people in thc final quarter of thc 20th century and another two billion in thc first quarter of thc 21 st century; WHEREAS, over 50 percent of the world's more than six billion people are expected to live in urban areas early in the next century, and by the year 2020 urban population is projected to exceed five billion, or 61 percent ofthe world tolal; WHEREAS, the challenges of rapid population growth and urbanization call for innovative leadership to ensure resource conservation, protection of open space, waste prevention, sanitation management and a higher quality of life; NOW TllEREFORE, I, Chuck Ncuberger, by the authority vested in me as Mayor of the City of Sebastian, Florida, proclaim the week of October 10-16, 1999, as "WORLD POPULATION AWARENESS WEEK" and urge all citizens thereof to participate appropriately in its observance and to reflect upon urban population challenges.. IN WITNESS WHEREOF, I have hcreunto set my hand and caused the seal of thc City of Sebastian, Florida, to be affixed this 22nd day of September, 1999. ATTEST: Chuck Neuberger, Mayor Kathryn M. O'Halloran, City Clerk Florida I 1225 ' Florida 32958 (561) 589-5570 i To: iFFom: Date: I Subject: Presentation bv Realtors Association of Indian River County i Per the attached letter, please make arrangements to include under the presentation section of the September 22"d City Council Meeting Agenda, a presentation to be made by Mr. Joe Generazio of the Realtors Association of Indian River County. The basis of I his.discussion will be occupational licensing practices in the City of Sebastian. As sUch, City Attorney Rich Stringer and Director of Finance Mark Mason will be available to ad,?lress specific questions that may arise after Mr. Generazio's talk. TRM/ I Attachment Cc: Rich Stringer, City Attorney Mark Mason, Director of Finance My Documents/Realtors $EP-~.3-~.999 [4:42 I;~_~, LTI3R ~ tCqRT[N 56[ 288 ' COUP, INC. 2182 ~nce de L~n Ci~le ~EALTO~' Veto B~ch, Florida 3~0 Phone (561) 567-3510 Fax (561) 778-6490 September 13, 1999 Mr. Terrence Moo~ City Manager 1225 Ma~ Street , Sebasfiax~ Florida 32958 ' Re: Occup atio~al Lic _,m_-~es · On behalf of the Realtors A~sodation of Indian River County, I would like to th~.k you for the courtesy and attention given our request to r~wiew Sebastian's policy that r~i..Kres real e-~'tate salespersons to have an occupational license when working for'a broker ~',hose office i ~ within city limits. And, we appreciate your assur~ce that Dept. of Business. and Profer~ ional Regulation (DBPR) records will be used to identify professionals sub ie ;t to occupaSonal licenses. . '(As we have cliscussecl, the request is based on several reasom, including: : ~' Florida law prohibits salespersons 'from operating as brokers; they mCSt work tmdez the sugar,s/on of a licensed broker. ~' Licensed satespersons are era£loyees ora lic~ broker. · ~ Sebastian salespersons are at a disadvantage since Sebastian is the only' jurisdiction wi,.hi,~ ~ River County to assess salespersons the fee. > Otherjtm'sdictiOns have access to Sebastian without a license. We lock, forward to presenting this matter at the City Cotmeil meeting September 22. Mr..Jo,~ Generazio, a member of our Association whose office is in Sebastian, wi[t avail-~t:le'-' to address City Co,moil. ' ' Nancy L~-a 0 The Vo~ for ~ P_~a~ ~ Jrwi~.u~ ~uer C~my TOTRL P.01 i I ! City of Sebas tian, Florida Subject: Revised Land Development Code Agenda No. d~. /~g Status Report and Tentative Schedule for Adoption. ._ Department Origin: Growth Management ~p.~rov~ r., ubS~ by,'/~ Tracy E. Hass ? : /" //"J// / Date Submitted: September 16, 1999 h"~ For Agenda of: September 22, 1999 ~xhibits: s~t~summary and September 14, 1999 memo fi-om Les Solin, FAICP, Planning ConsultanL EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: SUMMARY' As you are well aware, the City is in the process of rewriting the Land Development Code (LDC). in compliance with the already adopted Comprehensive Plan Updates. The proposed LDC is ~22 ariides and 1500+ pages. As you can imagine, composing and reviewing such a document requires innumerable staff hours and we are finally entering the next phase of review. Following you will find a tentative schedule for review by the Local Planning Agency (LPA). - Articles for Review Date Time I, II, tli (Reserved) ' 9/23 3:00 p.m. IV, V - 9/27 3:00 p.m. VI, VII 9/30 9:00 a.m. VII, IX, X 10/4 3:00 p.m. -XI, XII 10/7 7:00 p.m. XII, XIV (Reserved), XV 10/11 3:00 p.m. XVI, XVII -10/14 9:00 a.m. XVIII, XIX 10/18 ' 3:00 p.m. XX, XXI, XX~I~ I 10/20 9:00 a.m. Public Heaxin~Transmittal 11/4 - 7:00 p.m. The above schedule is tentative pending acceptance and ability of the LPA members to meet on the scheduled dates and times. It is also dependent on the capability of the LPA and Staff to complete the reviews of each article during the proposed time frame. The LPA will be reviewing the above schedule at the P&Z meeting of September 16, 1999_ Any changes in the tentative schedule will be provided shortly thereaa%r. ! m Staff realizes there have been substantial setbacks in completing the review of the LDC. However, we assure you that we fully understand the importance of completing and implementing I the changes within the LDC. In insuring that the proposed code is in the best interest of the City, we are taking extra precautions to insure the final prOduct is complete and manageable as well as s°melhing the City can be pr°ua °f f°r several years t° c°me' I It isn t often that we have an opportunity to completely restructure the Land Development Code of the City and we realize we have a great opportunity to greatly improve the LDC. Thank you m in advance for your understanding 'and cooperation and we assure you that once the,prolonged task is complete, all of us will take pride in knowing we participated in shaping the City s future., m P.S. Following this document you will fi_n,d a memo dated September 14, 1999 from Les Solin, FAICP, Planning Consultant. Mr. Solin s memo outlines the work completed and tentative schedule for completion of remaining tasks. I As part of the review Staff and Solin & Associates will be making recommendations for an improved CR-512 corridor that will include design regulations and landscaping requirements in' I addition to the existing regulations. Additionally, Staff has coordinated with The Sebastian' Historical Society in the possibility of creating an Historic District within the City of Sebastian. These are just two of the many improvements we hope to formulate during the review and implementation of the revised LDC. ! ! ! ! I ! 1p~15-99 04:08P SOLIN & ASSOCIATES INC 4O7 682 7206 P-O1 ! i TO: I TI-nt. OUGH: I FROM: PLANNING PuND ZONING BOARD AND CITY COUNCIL TERKENCE MOORE, CITY MANAGER AND TKACY HASS, GROWTH MANAGF__2VIENT DIRECTOR LES SOLIN, FAICP, PLA.NN~G CONSULTANT SUBIECT: REVISED LAND DEVELOPMENT CODE STATUS REPORT AND SCI-IEDLrLE FOR ADOPTION DATE: SEPTEMBER 14, 1999 STATUS REPORT The following table describes the: 1) Land Development Code (LDC) assignments delegated to Solin and Associates, Inc. by the City of Sebastian; and 2) Status of each delegated assignment. Assignments with City Manager, Planning Staff. Building Official, and City Engineer to discuss concerns regarding the Land Development C~. Cot~ communication with Growth Management Dircetor as assignments were addrcss~L Rcvi~ Planning and Zoning Board minute~ and respond to the Board's requests on all articles. Review the shared parking ordinance. ~liminatc Asticte II1. In Article X r~quir~ rm-iew of facade design. Article XI: Retain Littoral Zones. Conclusions/Major Revisions Major direetive: Revi.~ organizational structttre to include a Depamn~ of C_nowth Management and a Building Detriment, each with its own Di~:~:tor. I~lc~ Delmrtment of Community Development and Director of Community. Development. Maintain format of proposed LEK: b~t prclmre two tables that show appropriate cross-references ~' su~ection. W'~'t Ann Brook's assistance I made the at:q~xopriat¢ corrections in thc t<a of e~ch Article a~ ~ by. the Planning arid Zoning Boax~L TI~ Growth Managcn~m D~ Staff addresraxl thc Ri~ district overlay and thc definitions. To dat~ I have not bc~m [nvohr~ in thc latter two articlcs~ I axxan~nckM an ~lmrnafiw concep~ in a memorandum dated: July 23, 1999. The memorandum now nezxls m be critically ~wi~ved with ~aff for refinnm'm and them forwarded to the P&.Z Board for x~riew and reeommendation t~ Council. State lcgishtion provides thc enabling legislation for de~Aopmem agra:meres and is not requix~d to be repeated in the City's Code. Provi~ n~n t~t in §20A-3.10.2.D maudating '~cc review for commerc/al and induslfial conca-ucfion, including roof line, fenestration, includ/ng windows or dorrner~ so that new structur~ enhance appearance of impacted comdors. This i~ consistent with la:st roa-a§cment principles and practices Status Completed Completed Completed Irdtiai a~ignment completed. Completed Completed Completed Sep-15-99 04:09P SOLIN & ASSOCIATES INC 407 682 7206 P.02 Page 2 of 2 Memorandum to City Council and Planning and Zoning Board From Les Solin, FAICP Additionally, I was recently informed that the City is interested in design guidelines for the future development &the CR 512 comdor. As I understand, the City desires to eor~ider an approach similar to the County SK 60 corridor design requirements. I am cmxemly reviewing that issue. A~uming the contracted budget remains in tact, I believe the additional request can be accommodated without an increase in professional fees. PROPOSED SCq:IEDUI..E FOR CONTINtJED LDC REVIEW Following is a general schedule which. I have coordinated with Tracy Hass: Review of Articles by the Planning and Zoning Board: Next six (6) weeks. Planning and Zoning Board Public Hearing of Proposed LDC: Last week in October assuming no additional delays are imposed that are out of the staff and consultant's control. Planning and Zoning Board forward~ the Proposed LDC to City Council for review, public hearing and adoption: Following public hearing and documentation of any recommended revisions. City Council Review &Proposed LDC: At this time it is premature for me t° recommend a schedule for the Council review, hearing and adoption. I first need to inventory concerns of the City Council. For this reason, I recommend that following the P & Z Board's transmittal of the Proposed LDC to the Council, the Council should schedule a day of interviews during which Tracy Hass and I can meet with each Councilperson to ascertain issues of concern to each Councilperson. During the one on one interviews ma~y issues may easily be reconciled, while other is.roes that require further analysis can be slated for one or more Council workshops with City staffand the consultant, if desired by the Council. I suggest the day of interviews tentatively be s~ for first week in November. Within a couple of days of that meeting i will be able to suggest to the City Manager a realistic schedule of workshops, public hearing and adoption. In this way we can assure that the schedule for Council review best approximates the time required to address issues of concern to each Counc~lperson and their constituencies. Thank you for the opportunity to continue to work with the City of Sebastian. I look forward to working with you in reconciling any and all issues associated with the Proposed Land Development Code. City of Sebastian, Florida Subject: Resolution No. R-99-48 Adoption of Millage Rate for Calendar Year Exhibits: Resolution No. R-99-48 EXPENDITURE AMOUNT BUDGETED: REQUIRED: N/A N/A Agenda No_ q~' 0~ 2. Department Origin: Finance ~ Date Submitted: September 16, 1999 For Agenda of: September 22, 1999 APPROPRIATION REQUIRED: N/A SUlVllVIARY In accordance with Florida Statute 200.065 (7)(a.)(l.), Resolution 99-46 was passed adopting a proposed millage tax rate for calendar year 1999 and for the budget year beginning October l, 1999 and ending September 30, 2000 of FIVE AND ZERO THOUSANDTHS (5.0000) MILLS. This proposed millage tax rate is 21.28% less than the "rolled-back" tax rate of 6.3513 mills. Now, it is necessary to adopt a levy rate of 5.0000 mills for the calendar year 1999 and allocating same to the fiscal year beginning October l, 1999 and ending September 30, 2000 per Florida Statutes RECOMMENDED ACTION Move to approve Resolution No. R-99-48 adopting a tax rate levy of 5.0000 mills for calendar year 1999, Martha S. Wininger, Our Mayor You were a shining example to all who knew you and to those who did not know you, I am so sorry they missed the opportunity. You were gracious, charming, patient, intelligent, kind and never said a bad word about anyone. You were a dedicated elected official who always looked at both sides of an issue and voted for RIGHT over MIGHT. Your handicaps never deterred you from your dedicated journey on earth. We should not grieve your loss, we should celebrate and rejoice to have known you although only a very few years. We will miss you Martha very much. keep you. May God bless you and RESOLUTION NO. R-9948 A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF' 5.0000 MILLS FOR THE CALENDAR YEAR 1999 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000. WHEREAS, The City Council adopted a proposed millage rate of 5.0000 mills on September 9, 1999 levying the rate of taxation for calendar year 1999 and allocating same to fiscal year beginning October 1, 1999 and ending September 30, 2000. NOW THEREFORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. MILLAGE RATE LEVY. There is hereby Levied an Ad Valorem Tax of FIVE AND ZERO THOUSANDTHS (5.0000) MILLS against all real and tangible personal property for the calendar year (January 1, 1999 through December 31, 1999) and the resulting tax revenue is hereby appropriated for the General Operating Fund of the City of Sebastian for the fiscal year beginning October, 1, 1999 and ending 'September 30, 2000. Section 2. ROLLED-BACK RATE. The tax rate established in Section 1. is 1.3513 mills, or 21.28%, less than the computed "rolled-back" tax rate of 6.3513 mills. Section 3. CONFLICT. herewith are hereby repealed. All resolutions or parts of resolutions in conflict Section 4. EFFECTIVE DATE. immediately upon its adoption. This resolution shall take effect The foregoing Resolution was moved for adoption by Councitmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and Adopted this 22nd day of September, 1999. CITY OF SEBASTIAN, FLORIDA By: Chuck Neuberger, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE .. City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich Stringer, City Attorney Subject: Ordinance 0-99-16 Adoption of a Budget for Fiscal Year Ap~ f~r/S ubmi. 't~tal '3~, ~t,y/t~nager Exhibits: Ordinance O-99-16, as amended, and Sehedule "A' EXPENDITURE AMOUNT BUDGETED: REQUIRED: N/A N/A Cit), of Sebastian, Florida Agenda No. ~ Od)Z-- Department Origin: Financ~i}~~ Date Submitted: September 16, 1999 For Agenda of: September 22, 1999 APPROPRIATION REQUIRED: N/A SUMMARY in fi6cordance with Florida Statute 200.065, a tentative budget for fiscal year 1999/2000, beginning October 1, 1999 and ending September 30, 2000, has been submitted to the City Council for review. Budget Workshops were held on August 4 and August 18, 1999 for the purpose of providing Council deliberations on the budget and public input. The result is the Proposed Budget for Fiscal Year 1999/2000 that has been provided to Council for review. At the first Public Hearing held on September 9, 1999, an amendment to the Budget was made to provide funding for the River, flew Park Expansion, providing for an additional $200,000 matching funds to be appropriated out of budget savings fi.om prior years. These budget savings are in fund balance in the Capital Projects funds. In addition, per Florida Statutes, a proposed Millage Rate and proposed Budget must have two public hearings for adoption. RECOMMENDED ACTION Move to adopt Ordinance 0-99-16. 1, 1999 AND ENDING SEPTElVlBER 3O, 2000," MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER SPECIAL REVENUE FUNDS, DEBT SERViCE FUND, CAPITAL FUND, AND MAJOR EQUIPMENT REPLACEMENT FUND AS PROVIDED FOR IN SCHEDULE "A,'" ATTACHED HERETO, ESTABLISHING AUTHORIT. Y OF THE CITY MANAGER TO IMPLEMENT THE BUDGET, PR?ViDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a Proposed Budget for the City of Sebastian for the fiscal year beginning October 1, 1999, and ending September 30, 2000; WHEREAS, on September 9, and September 22, 1999, the City Council conducted Public Hearings on the Proposed Budget. NOW, TItEREFORE, BE IT ORDAINED BY THE CITY COUNC L OF THE CITY OF SEBASTIAN, INDIAN?VER COUNTY, FLORIDA, TI-IATi Section 1. The City Manager s Proposed Budget is hereby adopted with the following amendments for the Fiscal Year beginning October 1, 1999 and 'ending September 30, 2000. Capital Proiects Increase Revenue Appropriation from PY Fund Balance Riverview Park Expansion $200.000 Exl~enditures Capital Proiects Increase Land Riv~rview Park Expansion $200.000 Section 2. The amendments to the City Manager's Proposed Budget, as identified in Section 1 are incorporated in the amounts shown on the attached Schedule "A" and are hereby appropriated out of the treasury of the City, including any revenues accruing to the City available for purposes of the City's budgetary accounts. Section 3. The City Manager is hereby authorized and directed to proceed with the implementation of the service programs and projects provided for in the budget. Such implementation is to be consistent with the provisions of the City Code of Ordinances and policies established by the City Council. Section 4. The City Manhger is authorized to make budget adjustments within' budgetary accounts, as he deems appropriate. He is further authorized to make budget adjustments between budgetary accounts when necessary to implement programs, projects, and expenditures authorized by the City Council. adjustments will require prior approval by the City Council. All other budgetary' Section 5, If any clause, section, or other part of this Ordinance shall be held by any Court of competent jurisdiction, to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Ordinance. Section 6. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Ordinance shall become effective October 1, 1999. I I The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember being put to a vote, the vote was as follows: and, upon Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this __ ,199 day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Chuck Neuberger, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich Stringer, City Attorney 3 SCHEDULE A CITY OF SEBASTIAN PROPOSED BUDGET FISCAL YEAR 1999/2000 GENERAL FUND REVENUE: 001501 Taxes 001501 Licensesaad Permits 001501 Intergovmnnental 001501 Chargeq fin Services 001501 Fines andFoffeits 001501 Miseetlamoas 001501 Transfers la 001501 Cash Balame CanTforward To~i Revenue Expenditures 010001 Legislative 010005 Ci~ 010009 City. Clerk 0100lo CiG Attorney 010020 Finance 010035 Human Rmourees 010041 Police Administration 010043 Police Uniform Division 010047 Police Deaeetive Division O1OO49 Police Dislmteh Division O1OO8O Growth Management 010085 Building Ilepartment 010051 Eng~ 010052 Roads ami Drainage 010056 Building Maimenance 010054 Garage 010057 Parks and Recreation 010059 Cemetexy 010099 Non-delmmnental To~al Expenditures SPECIAL REVENUE FUNDS CDBG 105010 REVENUE Tranffers in Total Revenue 10505 l EXPENDmlRES operat g Total Expenditures PROPOSED BUDGET FY 1999/2000 4.265.503 409,400 1.436,740 48.915 80,200 227,200 9.200 440,000 6,917,158 19.510 178,267 265,096 104,119 298,783 134.164 353,101 1,213,678 365,279 312,946 254,169 276;924 188,244 1,009,960 176,927 153,326 449,361 94,306 1.068.998 6.917.158 1.047 1.047 1.047 1,047 SCHEDULE A CITY OF SEBASTIAN PROPOSED BUDGET FISCAL YEAR 1999/2000 LOCAL OPTION GAS TAX 120010 REVENLIE Ta.xe~ Miscellaneous Total Revenue. 120051 EXPENDITURES Debt Service Tn~sfcrs out No,operating Total Expenditures DISCRETIONARY SALES TAX 130010 REVENIOE Taxes Mis~llaneous Total Revenue '13'0051 EXPENDITURES casa Ouaay T~s out Noa-ol~rating Total Expenditures DEBT SERVICE FUND REVENUE 201010 Miscellaneous To~al Revenue EXPENDITURF3 20105 ! Operating Debt Senfice Total Expenditures 2 $ $ $ $ $ $ $ $ $ $ PROPOSED BUDGET FY 1999/2000 453,528 6.800 460.328 149,500 300.000 4,028 6,800 460.328 1,680,780 25.800 1.706.580 246.711 1.434.069 25.800 1.706.580 58.563 58.563 150 58.413 58,563 SCHEDULE A CITY OF SEBASTIAN PROPOSED BUDGET FISCAL YEAR 1999/2000 CAPITAL PROJECTS FUNDS REVENUE General Fund Golf Course Fund Airport Fund Discretionary Sales Tax Local Option Gas Tax Total Revenue EXPENDITURES Roads and Drainage Recreation Building Maintenance Golf Course Airport Total Expenditures GOLF COURSE FUND REVENUE 4'10010 Charges for Services Other Non-operating Total Revenue EXPENSES 410110 GOLF COURSE ADMINISTRATION DIVISION Persoml Services Operating Expenses ' Debt S~vice Other Non-op~'ating Total GC Administration Division 410120 GOLF COURSE GREENS MAINTENANCE DIVISION Operating Expenses Other Non-Operating Total GC Greens Maintenance Division 410130 GOLF COURSE CARTS DMSION Persoral Services Operating Expenses Capita Outlay Total GC Carts Division Total Golf Course Expenses 3 PROPOSED BUDGET FY 1999/2000 $ 548.OO0 105.200 80,000 1,434,069 4,028 $ 2.371.297 $ 1,294,187 412.500 479,410 105,200 80.000 $ 2.371.297 $ 1,279,350 56,300 $ 1,335,650 $ 155,340 246,768 206,980 9,604 618,692 542,560 100.200 642,760 29,173 44.225 800 74.198 $ 1.335.650 SCHEDULE A CITY OF SEBASTIAN PROPOSED BUDGET FISCAL YEAR 1999/2000 AIRPORT FUND REVENUE 450010 Charges for Services Other Non-operating Cash Balance Caxryf. orward Total Revenue EXPENSES 450110 Personal Services Operating Non-operating Total Expenses MAJOR EQUIPMENT REPLACEMENT FUND REVENUE Miscellaneous Transfers in Total Revenue EXPENDITURES Capital Outlay Non-operating Total Expenditures 4 $ $ $ $ PROPOSED BUDGET FY 1999/2000 91.100 12,000 24.405' 127,505 21.378 26,127 80,000 127.505 4,000 140,000 144,000 90,000 54,000 144,000 i I I I I I SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 8, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA I i I I I ~- 4, I Mayor Wininger updated City Council on her illness and stated she will be present for only certain items tonight. She th~ called the Regular Meeting to order at 7:00 p.m. 2. ]~OLL CALI~ City Co~rl. cil Prese~lt: Mayor Martha S. Wininger Vice Mayor Chuck Neuberger Mr. Joe Bamzyk Mr. Ben A. Bishop Mr. Edward $. Majcher, Jr. Staff Present'. City Manage, Terrenc~ Mooro City Attorney, Rich Stringer City Clerk, Kathtyn O'Halloran Deputy City Clerk, Sally Maio Growth Management Director, Tracy Hass Finance DirecWr, Mark Mason Parks Superintendent, Chris McCarthy. Public Works Director, Terry Hill City Enginm', Martha Campbell The Pledge of Allegiance was recited. Invocation was given by Vice Mayor Neuberger, duo to the fact that Pastor Mike Lyle, Sebastian First Church of the Nazarene was not present. I I Regular City Council Meeting September $, 1999 Page Two 99.033 99.175 99.065 AGENDA.~IODIF[CAT[ON~ (6DDITIONS AND/Q!~DELETION$] Items not on the written agenda may be added only upon a majori{y vote of Ciot Council members (R-99=21) It was the eonsensns of Council to move item 14B Recreation Committee appointment to the consent agenda. PROL'~AMATIONS. ANNOUN_CEMENT$ A~q~..0 R PI~ESENTATIONS A. Pr~lg~tion of Certjlj.~ate 9f Completion to Councilmember Bar~zyk by CLW Clerk - Florida Institute of OOy.~mment - Institute for Elected Municipal Offidals 0:IOG Letter) The City Clerk read a letter fxom the Florida Institute of Government and presented a certificate to Councilmember Barezyk for his completion of the Institute for Elected Municipal Officials. B. Indian Rivsa' C0lalty Department of Utilities - Presentation qt~ Future Plans for Sebastian Wafer Ex~i_on_Ptoj.ect (Hg.t~:hkis~ Letter 8/31/99) Don Hubbs, Dan Chastain, Michael Hotchkiss, and Steve Doyle, Indian River County Utilities staff members gave an update report on the Sebastian Water Expansion Project, In response to Art Vogel, Mr. Hotchkiss said wells must be disconnected fi.om the house when the County water system is connected, however wells can be maintained for irrigation. In response to Sal NegIi~ Mr. Hotchkiss said he did not foresee any increases in Phase liB; and in response to Vice Mayor Neuberger, Dan Chastain discussed the requirement of the bond to lien properties. S~t~t,i~ Charter ]~eview Committee_- Presentation oLReeornn~nclatiorl$.(City Manager Tra~iRil[ 8d~I]/99. Chairman McCollum Memo 8/26/9% PropQsed Amen~;llrtents) Charter Committee Chairman, Nate McCollum recognized the Committee members, commltte~ secretary and staff member, Linda Kinchen and City Attorney Rich Stringer. He then reviewed the Committee's recommended Charter amendments (see attached). The City Attorney advised that this is the committee's report to Council in accordance with the Charter, thereafter, he stated, City Council could workshop the recommendations, then direct the drafting of appropriate ordinances to be scheduled for first reading and public hearing prior to the end of November for placement on a ballot in March. The City Clerk noted that Wednesday, September 29, 1999 was available for a workshop unless the City Council wanted to keep that date available for a quarterly public forum. It was the consensus of Council to schedule a Charter revision workshop for September 29, 1999 at 7:00 p.m. Regular City Council Meeting September 8, 1999 Page Three 1Va'. McCollum continued his presentation. TAPE I - SIDE H (7:48 p.m.) Mayor Wininger requested that Mr. McCollum and members of the committee attend the workshop on September 29, 1999. 7. CITY ATI'ORSE_Y IVlATTERS · Reported on the ruling in the Fischer case, whereby the City was given a summary judgement_ o ' Updated Council on the constitutional amendment on additional homestead exemption for senior citizens with below $20,000 income, noting an ordinance must be adopted by December 1, 1999 · Updated Council on the proposed alarm ordinance and stated that a draft will be in Council boxes tomorrow · Received consensus of Council for him to utiliz, a 1992 City vehicle for business matters ' 8. CITY_ ~IANAG~lt MATTERS The City Manager requested approval for Andy Grimwade to come forward at this time to address the proposed Skydive Sebastian agreement which appears later on the agenda. ...,, MOTION by Bishop/Majcher "I'd like to make a motion to allow Mr. Grimwade an opportunity to speak." ROLL CALL: Mayor Wininger Vice Mayor Neuberger Mr. Barczyk Mr. Bishop Ms'. Majeher MOTION CARRIED 5-0 Mr. Grimwack: briefly addressed Council. CITY CLERK MATTER~ None. - ayc -aye - ayc -aye -aye Regular City Council Meeting September 8, 1999 Page Four 10. CITY COUNCIL MATTERS A. Vice M~or Neuberget · Requested updates on the following items from the July 7, 1999 workshop: Port St. Lucie undergrowth ordinance; lot clearing without permit; street load limits and scales; parking and driving on sidewalks/bikepaU~; uniform speed limits; base flood plan; bid for painting police station; chamber of commerce building; Solin and Assoc. re: LDC; city welcome signs; personnel policies and procedures manual; and bench advertising by Lions Club . The City Manager said Solin will attend the September 22, 1999 meeting; that a new ordinance (O- "99-13) will place personnel authority in the hands of the City Manager; and that lot clearing and base flood plan are being addressed administratively. The City Attorney said undergrowth language will be presented by the next meeting; cliscuss~l state law provisions relative to uniform speed limit, noting he will forward a copy of the statute to Engineer and Chief; and said he had prepared a letter relative to the Chamber building for Attorney Van de Voorde's review Mayor Wininger reiterated that speed limits must be addressed. Vice Mayor Neuberger expressed concern for a recently installed sign prohibiting no right turns at Pelican Island Elementary and requested it be looked into. Mr, ]~rc~k Said he will provide copy ora list of pending items that need to be cleaned up. Mr. Bishop None. D. Mr. Majcher Reported on his lunch with the Friendly Tennis Club, at which members had asked about plans for resurfacing, lights ,etc. at Schumann Park. Asked where we were with the wish list. The City Manager said he and staffwere meeting with the Tennis Club on Friday; and that certain of the wish list items will be addressed during budget hearing tomorrow night 4 I I I I I I I I I I I I I I I i I I I R~gular City Council Meeting Septembex 8, 1999 Page Five E. Mayor Wining x Inquired whether Cornerstone had declared bank~ptcy, to which the City Attorney respond~ he would call the Secretary of Stat~s offic~ to verify. Inquir~ about the Millennium Community Program report and the City Manager gave a brief report R~lu~t~d that a copy of a city property list be forwarded to the City Manager and City Attc~n~, and that it should be determined what is excess and saleable. TAPE U- SIDE I (8:35 p.m.) ' Following some discussion on determination offsarplus properties the City Manager said he would bring forth a recommendation within a month. Mayor Wininger called'recess at 8:40 p.m. and reconvened the meeting at 8:50 p.m. All members were present 11. CONSF..dNT Ail items on the con~nt agenda are considered routine and will be enacted by one motion. There will be no separat~ di~cu~on of consent agevuta item.~ unl~ a member of CiOt Council so r~tl~ta; in which ~t the item will be ~owd and acted upon separately. A. Approval of Minutes - 8/25/99 Regular Meeting 99.009 Bo Recreation Advisory Board (City Clerk Transmittal 8/26/99, One Application, Board List) 1. Formal Appointment of Julie Hogate Sebastian Panthers Representative - Unexpired Term to Expire 12/2000 The City Manager read the consent agenda. MOTION by Barezyk/Bishop "I make a motion we approve the minutes of the 8125/99 Regular Meeting and also approve the change of putting in item 14 B under the consent order - Recreation Advisory Board appointment of Julie Hogate for the unexpired." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barezyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye MOTION CARRIED 5-0 Regular City Council Meeting September 8, 1999 Page Six 99.082 12. PI.~LIC HEARING Procedur~ for public hearings: (R-99-21) · Mayor Open~ Hearing · Attorney Read~ Ordinance or Revolution StaffPre~entatlon · Public Input - Limit often Minute~ Po'St~aiter o StoffSummation o Mayor Closes Hearing CouncilAction Anyone Wishing to Speak i,v A~ked to Sign Up befa~t the Meeting When Called go to the Podium and State Hi~ or Her Name for the Record Ao Second Reading and Final Aclop~j~ Qf O.1;~ll~ge No_Q-99-12 - Amending O-9~9-03 Water Re~trigtion..Pl~ (City Attorney Transmittal 8/4/99, ProposRCl Ordinaoce. Revised Water Plao Text. Mmto to Council I)/4/99) AN ORDII~, CE OF THE CITY OF SEBASTIAN, il'I-DIAN RIVER COUNTY, FLORIDA, AMEZ4-DRqO THE 'CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILiTY; PROVIDING FOR AN EFFECI1VE DATE. The City Attorney read Ordinamx No. 0-99-12 by title, and Mayor Wininger opened the public hearing at 8:52 p.m. The City Attorney reviewed the ordinance. Mayor Wininger closed the pub6e hearing at 8:55 p.m. Mr. Bishop expressed concern that this ordinance under-regulates the use of water. He suggested allowing a six hour range of allowable watering time. MOTION by Neuberger/Barczyk "I'11 move to adopt Ordimme 99-12." ROLL CALL: Mr. Barezyk - aye Mr. Bishop - nay Mr. Majcher - aye. Mayor Wininger - aye Vice Mayor Neuberger - aye MOTION CARRIED 4-1 (Bishop - nay) Regular City Council Meeting September 8, 1999 Page Seven 13. iNTRODUCTI[ON OF NEW BUSINESS_FROM THE PUIILIC Item that has occurred oe was discovered within the previou.~ ~ix montl~ which is not otherwise on the agenda, sign-up required - limit often minute, s for each speaker A. A~tomey_Bruce Barkett - Riverfront District Attorney Barkett, representing Lincoln Smith, owner of property on Indian River Drive, distributed materials to Council regarding the Riverfront Performance Overlay District waterfxont lot width provision and inquired why it was reduced fxom 80% to 50%. He also requested that the measurement point be better defined and that the width be increased to 60%. The City Attorney was directed to report back to Council on the matter. Attorney Barker requested that Donald Gosselin be notified. Donald Gosselin, addressed City Council on the same matter. Alida Hirschfeld, spoke on the proposed alarm ordinance. 14. CQ~IMITTEE ~POR~S_f[~COMMENDATIONS 99.109 Code E~lfot'cement Board (City Clerk Transmittal ~126/99, Four Apl~lications, Ad. Board Li.~t) 1. Interview Unless Waived and Appoint as Follows: a. One Regular Member Engineer Position - Term to Expire 8/2002 b. One Alternate Member Position - Unexpired Term to Expire 4/2000 The City Clerk noted that Mr. Connelly had advised that he would be unable to attend.but wished to be considered. TAPE II - SIDE H (9:31 p.m.) City Council waived interviews. MOTION by Neuberger/Barczyk "I would like to nominate Thomas Connelly who is a sitting board member qualified to fill the engineer position, I would like to nominate him for reassignment to the next term, expiring (August) 2002." ROLL CALL: Mr. Bishop - nay Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 4-l (Bishop - nay) Regular City Council Meeting September 8, 1999 Page Eight 99.0O9 99.085 15. MOTION by Wininger/Majcher "I nominate Mr. Joseph Morozowski to the alternate member position vacated by Elizabeth Griffith unexpired term to expire 4/2000? ROLL CALL: Mr. Majcher ~ aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barezyk - aye Mr. Bishop - aye · 'MOTION CARRIED 5-0 Recreation Ad~zisorv Bg~l (Ci~v Clerk To§smittal 8/26/99, One Appli. cat[on. Board List) . 1. Formal Appointment of Julie Hogate Sebastian Panthers Representative - Unexpired.Term to Expire 1222000 This item was moved to the consent agenda during Agenda Modifications. OLD B I.I.~JNF~SS A. Schedule_Town HalLMeeting ~c~'rp~qf515199 Council Minute~) MOTiON by Wininger/Neuberger "i believe again this item should be postponed to be in coordination with our 75th anniversary and so long as we do not have a date we can't have any plans. As soon as we have a date for the 75th anniversary I think this item can go back on the agenda. She reiterated the motion for thc benefit of Mr. Bishop, "I move to coordinate Town Hall Meeting with the 75th Anniversapy of Sebastian meeting and to schedule a Town Hall Meeting for the date we have the 75th Annivers~ celebration and Mr. Moore will notify us of the date." ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye- Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 Mayor Wininger turned 'the gavel over to Vice Mayor Neuberger, called recess at 9:37 p.m. and Vice Mayor Neuberger reconvened the meeting at 9:40 p.m. All other members were present. 8 Regular City Council Meeting September 8, 1999 Page Nine 16. NEW BUSINESS 99.176 A. 99.177 B. 99. tTs C. P~pr~ve Sf~]~ Source Contract - R,~glilil Tedder Constntedion Inc. for Main S¢'eet Boat RallIp Repairs in the Amount_of $44,900 (Public Works Transmittal3/31/993 MOTION by Barczyk/Majchcr "I'd like to recommend that we approve sole source contract to Randall Tedder Corporation for $44,900 for the Main Street Boat Ramp repairs." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent . MOTION CARRIED 4-0 In. response to Mr. Bishop, the City Engineer said she could look into accident history for the ramp. Approve Purchase_ofN~/v Holland Tractor Model 1720A2 with Attachtll~ts fi.om New Holland North America Inc. - State Contract 760-900-99-1~ itl 0lc Amount ors 15,643 (Public Works Transmittal 8_/30/99, Cost Sh~0 MOTION by Majcher/Bishop "I make a motion to approve the purchase of a New Holland tractor model # 1720A2 with attachments per State Contract 76-900-99-1 in the amount of $15,643 for public works." ROLL CALL: Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberger - aye MOTION CARRIED 4-0 Approve Purchase of Tom Greensmaster Mower for_Golf Course from Hector Turf_of_Deeffield l~¢ach- Pompano Beach PO (GSA Cojltract Pricing) in the Amount ~f$15,181.32 (P, sst. to (~ity Manager Transmittal 9/1/99, Cerjan ~m_o_ 8/I 3/99 w/Attachmerttl MOTION by Barczyk/Neuberger "I move to approve the purchase of Toro Greensmaster Mower from Hector Turf, Co. "(in the amount of $15,181.32) Regular City Council Meeting September 8, 1999 Page Ten ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent Vim Mayor Neuberger - aye Mr. Bamzyk - aye MOTION CARRIED 4-0 99.179 ~/_oive Bid Proce~s and 34~prov¢ Pul'$3ase of Building Permits Manogtr Sot~¢ Pro~am from Informatio~l M. anag~ment Servic~ in the AmotmI of $6.295 (l~luilding Tr0~smittal 9/2/99, 3 Quote~.) ' 'MOTiON by Bishop/Majcher "I would move to waive the bid process and approve the purchase of Building PermiB Manager software fi.om Information Management Services in the amount of $6,295." ROLL CALL: Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Ncuberger - aye Mr. Barczyk - aye Mr. Bishop - aye 99.180/ 98.161 MOTION CARRIED 4-0 Apl;trove Change Order #2 to App[igd Aquatics. lncL Contrac~ for Chemic~| Treatment of Roads in thc Amount 0f$6,000 (Public Works Transmittal 9/1/99) MOTION by Barczyk/Majcher 'Td like to move to approve change order #2 with Applied Aquatics for $6,000 for chemical treatment of the roads." ROLL CALL: Mayor Wininger - absent Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 4-0 10 Regular City Council Meeting September 8, 1999 Page Elcvcn 99.181/ F. 98.102 Awa~ Bid and_Authorize Ci~ Manager to F.,xeeute Cortmact with R[alger ~onstm~tion Industries, Inc. foi' Asph~lltJc Co~cr~te Resurfacing in thc Amount 0f$2,000.000 and for Cold h~-Place R~vclillg. to A~haitRe~cli~g, lmm_In the Amount of $300.000 (Public Works Transmittal 9/1/99,. Bid Till~ulgtion) MOTION by Majcher/Barczyk "I move to authorize the City Manager to execute a conlxact with Ranger Construction Industries, Inc. for aSphalt concrete resurfacing in the amount of $2,000,000, and for Cold In-Place Recycling and Asphalt in the amount of $300,000.' (Motion should reflect "Asphalt Recycling, he.") ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent MOTION CARRIED 4-0 99.182 G. Resoluti~r~_l~!o,.R-Rg-47 - P, uthofizing 8pplj~:ation to Florida Oeveloi~ment Assistance ?ingrain Grant - Barber Street Sports Complex Enhan~:~T~ent Initiative (City Manlger Transmittal 9[2/99. R-99-47) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVEK COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO APPLY FOR A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Engineer and Parks Superintendent presented a conceptual site plan. TAPE III - SIDE I (10:25 p.m.) MOTION by Bishop/Majcher "I'd like to move to approve Resolution R-99-47, authorizing application to Florida Recreation Development Assistance Program Grant Barber Street Sports Complex EnhancemenC' ROLL CALL: Mr. BarezYk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberger - aye MOTION CARRIED 4-0 11 Regular City Council Meeting September 8, 1999 Page Twelve 99.1s3 H. 17. Agreement Between C, Jl;y q.f :S~bastian anal SJ~d~ye Sebastiao - 1999 U. SL Parachute Association. National Skydiving Cl}~npionships (Assistant to Cjkv Manager Transr~jttai 9/2/99. Agr. eementl MOTION by Majcher/Barczyk "I make a motion that we extend the meeting as needed no more than ten minutes." ROLL CALL: Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Biihop - aye MOTION CARRIED 4-0 Discussion took place on liability insurance; and David Johns and Sal Neglia addressed Council. MOTION by Bishop/Majcher "I make a motion to approve the agreement between the CitY of Sebastian and Sebastian Skydive, for the 1999 United States Parachute Association National Skydiving Championships." ROLL CALL: Mr. Bishop - aye Mr. Majcher * aye Mayor Wininger - absent Vice Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 4-0 Being no further business, Vic_e_Mayor Wining~r adjourned the Regular Meeting at 10:40 p.m. Approve~i at the ,1999, Regular City Council Meeting. Martha S. Wininger Mayor Katlu3~ M. O'Halloran, CMC/AAE City Clerk 12 I SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING THURSDAY, SEPTEMBER 9, 1999 - 7:00 P.M. CiTY COUNCIL CHAMBERS 12/.5 MAIN STREET, SEBASTIAN, FLORIDA o Vice Mayor Neuberger, in the absence of Mayor Wininger, called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City__Council Pre~ent: Vice Mayor Chuck Neuberger Mr. Joe Barezyk Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. (7:13 p.m) City Council Absent: Mayor Martha S. Wininger (excused) ~$taffpresent: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kafluyn O'Halloran Deputy City Clerk, Sally Malo_ Finance Director, Mark Mas~ Chief of Police, Randy Whit~ Public Worl~ Director? Teny Hill City Engineer, Marthn Campbell Golf Course Manager, Pat Cerjan Airport Manager, John Van Antwerp PUBLIC F($ARING ON 1999/2000 PROPOSED MILLAGE/TENTATIVE BUDGET State Lw~ - TRIM Notice Sent fro~ Property Appraizer) A. ~.ublic (~q~nent Vice Mayor Neuberger opened and closed the public hearing due to the fact there was no public input. Special City Council Meeting September 9, 1999 Page Two B. City Council Action Resolution No. R-99-46 - Adopting Proposed Millage Rate (Finallce,_Director Transmittal ~/1/99. Px-99-46) A RESOLUTION OF THE CITY OF SEBAKIIAN, iNDIAN RIVER COUNTY, FLORIDA, A[X3PTINO A PROPOSED MILLAOE RATE OF 5.0000 Mff2LS FOR THE CALENDAR YEAR 1999 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNINO OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000. The City Attorney read Resolution No. R-9946 by title. · MOTION by BishopfBarczyk "I would go ahead and move to adopt Resolution No. R-99-46 adopting a proposed millage rate at 5.0000 mills." ROLL CALL: Mayor Wininger - absent Vice Mayor Neuberger - aye · Mr. Barczyk - Ge Mr. Bishop - aye Mr. Majcher - absent MOTION CARRIED 3-0 ii. Ordinance No. O-99-16 Adopting Tmtative Budget - Fir~I Reading.- Second Reading and Filial Adoption 9/22/99 ffinance Director Transmi[tRl 911199, 0-99-16~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOF1XNG THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER iNDEBTEDNESS O!; THE CITY IN TIlE CITY'S GENERAL FIJND, SPECIAL REVENUE ~TJNDS, DEBT SERVICE FUND, CAPITAL IMPRO~ FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND MAJOR EQUiPMEI~ REPLACEMENT FUND AS PROVIDED FOR iN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUI~ET; PROVIDING FOR SE~; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DA The City Attorney read Ordinance No. O-99-16 by title. The City Manager reviewed his letter to Cotmeil dated 9/9/99 (see attached) relative to funding the Goed Guys property. The Finance Director noted that the $90,000 added to the proposed budget for the equipment purchase during the 8/18/99 budget workshop was transferred fi.om fund balance by consensus of Council. 2 I I I I I I I I I I I I I I I I I I I Special City Council Meeting September 9, 1999 Page Three Discussion continued n:lative to the program to fund thc Good Guys property, which, if approved would amend the budget by increasing Capital Projects by $200,000, purchase of mowers; proposal to amend building permit fees; n~ed for funds budgeted for stormwater plan revisions; thc basis for arriving at a figure of Sg0,000 for a skateboard park; proposed seal and asphalt for GoLf Course parking lot; and recommendation by Vice Mayor Ncuberger to make thc Airport Manager position full-time. MOTION by Bishop/Majcher "I move to Pass Ordinance O-99-16 adopting tentative budget for City of Sebastian for fiscal year 1999/2000 schedule second reading and public heating for September 22, 1999 and authorize City Clerk to advertise for same as amended." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr.. Bishop - aye Mr. Majcher - aye Mayor Wininger ~ absent MOTION CARRIED 4-0 king no further business, Vice Mayor Neuberger adjourned the Special Meeting at 8:15 p.m. Approved at the ,1999, Regular City Council Meeting. Martha S. Wininger Mayor Kathryn M. O'Halloran, CMC/AAE- City Clerk 3 City of Sebastian 1225 Ma~ ,~,.et Sebastian, Horida 32958 Telephone (561) 5&9-5~0 F~ (561) 589-5570 Subject: Request for Rental of Community Center of; Exhibits: Application dated 9/16/99, R.9843, Tax Exeanpt C(alificate Expenditure Required: Amount Budgete~ Department Origin: City Clerk Date Submitted: 9/16//99 9/2299 Appropriation Required: SUMMARY I I The City has received an application from ?atricia Delepenha, representing Operation Hope/Freedom Christian Center, for rental of the Community Center on Saturday, October 1990 from 7:30 P.M. until 12 Midnight for a fundraiser. As required by R~98~43, Section- 1 (B) copy attached, the applicant is requesting permission for use of the facility until 12 Midnight and also permi~ion to charge an admission fee. The security deposit has been paid. She anticipates an attendance of 299 and was furnished with the proper forms for the extra duty police officer services. I RI~COMI~ENDI~D ACTION Consider the request and act accordingly. I m m CITY OF SEBASTIAN RENTAL PERMIT APPLICATION I No. Sire / City, PLEASE ANSWER YES OR NO: 1. ARE KITCHEN FACILITIES REQUIRED? ~. 2. ARE YOU A RESIDENT OF SEBASTIAN? 3. WILL DECORATIONS BE PUT UP? 4. WILL THERE BE AN ADMISSION OR DOOR CHARGE? ~.$ 5. WILL ALCOHOLIC BEVERAGES BE SERVED? //tJb (a) If answer to ~5 is Yes. Permittee's proof of Age: 'Office Use FEE · Only Total ....... $~. Tax .Total ........ $ ..'{.. (b) If alcohol is to be served, permission is required by City Council. Your request will be presented to council on: Make checks payable to City of Sebastian (A service fee of 5% or $10.00, whichever is greater, may.be charged for a dishonored check per City Resolution No. R-96-41) SECURITY DEPOSIT ........ RENT ........................... 7% TAX ........................... ALCOHOL BEVERAGE REQUEST ['-] APPROVED I--}DISAPPROVED Police Department Agreement Verified (if applicable) Key Pickup Date: Key Returned Date: Date SECURITY DEPOSIT RETURNED BY CITY CHECK # FOR COMMENTS: ON: RESOLUTION NO. R-98-43 nsc and A RESOLUTION OF THE C1TY OF SEBAST~, i~DLkN RIVER COUNTY, FLOR.IDA, PERTAINING TO THE USE OF TI~ SEBASTIAN COM~IJNrI'Y CENTEI~ SEBASTIAN YACHT CLLrI~ AND CITY COUNCIL CHAMBERS; PROMULGA~G RI. rLF..S AND PROCEDURF_~ FOR USE OF SUCH FACILITIES; PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACTIVrl'IF~; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS I~ CONFLI~ HEREWTI'H; AND PROVIDING FOR AN. EFFE~ DATE. ~ th~ C'~y of~=bnstian ~ nnd ~r~nintnln.~ a Yacht Club and a Community Cento' for benefit of its citiz~s ~ud -~ City Counc~ CImmb~ for the operation of City government.; and W~IERF_.A~ th~ pnmml!~ioa ofm]~ ~Co~k~ a~t proc~]m~ will promote the general health, safety and welfare of those per~m~ ~ such facilifi~ and WI~iREAS, the City Council deem it nn~snry to impose certain fees for the use of certain facilities in order to defray the cost o£n~int~n~nc~ and ml~r. NOW, TH~FO~ BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF ,~' SEBASTIAN, INDIAN RIVER COUNTY, H, ORID~ th~t: SECtOr41. RIR.ES AND REGULATIONS: T~ C~ Comcfl hereby adopts thc following .rUleS and regulations for thc use of thc Sebaslian C~ty Centc~ and thc Sebastian Yacht Club. A. An ,~plic~ion fo. a pen~it to u~e ibc Counmmity Center or the Yacht Club must be completed on forms pmvid~ for such Imrpo~ by the Clty ~ An ut~lication for a p~'mit mm bc received t:5' thc City Clerk at least two weeks prior to th~ dat~ oftl~ requem~ u~ B. Thc City Clerk shall ~ a use pcnni~ upon a ~on that the rcquc~text usc is permissible pursuant to this P,~olutlon and ail fees have been paid. In the event that thc propose~i nsc may include acdvid~ involving ga~ling, nJcoholic l~n~ the u~ ora faciity after I hO0 p.m., or if an admission charge is to be a~se~sed, then thc Ci.ty Clerk r~m[l not issue attse permit until dir~tcd to do so by the City Council. -- Issue Date F_~ Date Cer~f'~ate Number Type of Orcjan~zat~on 0, 9/12/98 09/12./2003 15-00-050389-55C RELIGIOUS INSTITUTION This Certifies That FREEDOM CHRISTIAN CENTER INC 2700 JUOGE FRAN JAMIESON WY VIERA FL 32940-6699 Is Exempt From the Payment of sales and. Use Tax on the Purchase or Lease of Tangible Personal ProPerty, the Lease of Transient Rental AccommodatiOns or Real Property, LH. Fuchs Executive Director ~ Florida Department of Reverme . DR-14 · Provide all vendors with a copy of your Consumer's Certificate of Exemption before making tax-exempt purchases. · Your Consumer's Certificate of Exemption is to be used solely for your organization's customa~j nonprofit activities. · Purchases by the exempt organization are only exempt when the Consumer's Certificate of Exemption is I~resented to the ve,~(~or and the payment is made cr~rec'Jy by the organization. · Purchases made by an individual on behalf of the organization am taxable, even if the individual is reimbumed by the organization. Transactions by an exempt organization sucfl as sales or leases of tangible personal property, transient rental or sleeping accommodations, real property, or doc~3g spaces am taxable. The on:janization must register for sales and use tax certification, and collect and remit sales tax on those transactions. Note: Churches are exempt from this requirement except when they are the lessor of real propen'y (Section 12A-1.070, Florida Administrative Code). Changes in the organization's purpose, federal exemption status, or address must be reported immediately to the Department of Revenue. UNDER NO CIRCUMSTANCES SHOULD THIS EXEMPTION BE USED FOR THE PERSONAL BENEFIT OF ANY INDIVIDUAL. ANY MISUSE OF THIS EXEMPTION WILL NECESSITATE ITS REVOCATION. If you have any questions ar need assistance, please contact: Central Registration 5050 W TENNESSEE ST  TALLAHASSEE FL 32399-0100 850-487-4130 I City of Sebastian 1225 Main 5ebaafian, Horlda 52~58 Telephone (5t;1) 585-53~0 F~ (561) 589-5~0 Subject: Ordinance No. O-99-13 - City Manager Authority Over Personnel Matters /A-p~ed/~r Submit~~anager Date Submitted: 9/17/99 Exhibits: O-99-'1-3 Expenditure Required: Amount Budgeted: N/A N/A Agenda No. ~1~./7¢ Department Origin: City Attorney Appropriation Required: City Council, at its August 25, 199 Regular Meeting, approved the first reading of Ordinance No. O-99-13 and scheduled the second reading and public heating for September 22, 1999. RECOMMENDED ACTION 1) 2) Conduct the public hearing~ and Move to adopt Ordinance No. 0-99-13. ORDINANCE NO. O-99-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CI~AP~RS 2 AND 26 TO REFLECT CITY MANAGER AUTHORITY OVER PERSONNEL MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Sebastian provides for a manager/council 'form of government; and WBFEREAS, under the terms of the City Charter, the dty manager is charged with the administrative task of supervising and directing all city personnel other than those under anothei charter officer; and WHEREAS, under state law and accepted political theory, under the council/manager form of government the city manager is responsible for job classifications, setting compensation for employees and promulgating administrative personnel procedures, subject to budgetary review and approval by the city council; and WHEREAS, the City Code contains vestiges of the previous mayor/council form of government which provides for more direct supervision of personnel by the city council. NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TIffE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: I I I I I I I I I I I I I I I I I I I Section 1. That section 2-4 of the Code of Ordinances, City of Sebastian, Florida is hereby deleted and reserved: Sec. 2 4. Personnel procedures.- (a) Adopted: by rc£crcn¢c. The Standard Opcrating Proccdu~cs For Pcrsonncl Administration and Job Dessripti~ns, attached to Ord~nancc Ne. O 84-t6, are hercby adopted by rcfcrcnce and madc a part of thi~ Code'of Or~inanccs. These rules supcrscdc thc rutc~ cnectcd on Dcccmbcr 1¢, ~979. Three complete copies of thcsc r~lcs shall-be kept by thc city clerk for public inspection. {b) Amendments to be made b~ rc$olution. Any amcndmcnt, including a~diti~ns, dclctions .and mo~ification~o, to be made to the Stand~rd Operating ~roccdurcs For Personncl Administration and Job Descriptions of thc city shall be by resolution of thc city council. Section 2. That section 2o106 of the Code of Ordincmces, City of Sebastian, Florida is hereby amended to read as follows: Sec. 2-106. Created. The city manaqer shall appoint a qualified person workin~ directly under.his supervision to be director of finance, performing the duties prescribed hereunder and such further function~ as the city manager may assign. Therc shall be a dcpartmcnt of financc, thc hcad of which shall be thc director ~f finenee, who shall be appoir~tcd ~y thc city managcr.. Section 3. That section 2-107 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 2-107. Director of finance-- ~ower~and ~duties Q~lifications and ~alary. The director of finance shall be the city auditor and treasurer, and accordingly shall maintain a general accounting system for the city government and units thereof; be custodian of all funds belonqin~ to or under the control of the city; supervise the collection of all.money due the city; supervise all tax or other assessments; and suDervise the disbursement of city funds, in furtherance of which the director must be a signator on any disbursement of city funds, have knowbedg~ of m~u~icipal accounting and taxation and shall h~vc had expcriencc in budgcting ~a~ financial control. ~he director shall reccivc an annual salary te bc fixcd by thc city council. Section 4. That section 2-108 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 2-108. SameT~Surety bond required. (a) The director of finance shall post a bond payable to the city in the penal sum of no less than ~100,000.00 $25,~D~.00,.- conditional for the faithful performance of all his duties as director of finance and the accounting, safekeeping and delivery unto the city of all money or property coming into his hands belonging to the city, with surety of a surety company authorized to transact business in the state. (b) The bond provided for in this section shall be presented to and be subject to the approval of the city council. The premium for the bond provided in this section shall be paid by the city. Section 5. That section 2-109 of the Code of Ordinances, City of Sebastian, Florida is hereby deleted as follows and the section is reserved: Sec. 2 109. Same Powers an~ duties. Thc director of finance shall have charge of ~he admministretbon of thc financial affairs ~f thc city and to that end hc shall bc ~hc city treasurer and shall h~vc authority and shall bc required to: '(t) Compile thc e~rrent c×~cnse estimates for thc budget for thc city managc~. (2) C~m~ibe-the capital estimates for the budget for the city manager. (3) Supcrvisc an~ bc rcspo~sibtc for ~hc ~isbu~s~cmcnt of all moneys and hevc control over all expenditures to ensure that budget appropriations are not c-xcccdcd. (4) Maintain a gcncr-~l accountisg system for thc citff- go~ernmemt and each of its offices, departments and a~e~cics; kccp book~ far ~nd exercise finaRcia! budgetary control over each office, department and agency; keep s~paratc accounts for the items of appropriatio~ contained in thc city budgc~, each of which a~counts she~ show ~hc amount of the appropriation, the amounts paid therefrom, thc unpaid. obligations against bt and the unencumbered balance; rcq~rc reports of receipts a~amdisburscments from each receiving an~ spcn~n~ agency of thc city government to bc made daily or at such i-~c~vals as hc may deem expedient. (5~ Submit to the c~ty manager a monthly statcmen~ e~ ~t~ Peceipts and-d~isbursementm from each rcccivin~ and spending agency ~f thc city govcrD_mc~t to bc made daily or at su~ intcrvale as hc may deem ~pedicnt. {6) Submit to thc city maRagcr a monthly statement ~ 511 receipts and disbursements in sufficient detail to show ~hc exact financial sondition of thc city. (7) Prepare for thc city manager, within 60 days of thc end ~f each ~iscal year, a com~!~tc financial statement and report. (~) Se~pcrvisc and be rcspo~s£~le for asses~smcnt of all special assessments for the city government, and give such notice of spcciat assessments as may be required by-haw. ~) Collce~ all ~spe~iat a~scsc~mcnts, license fccs and other revenue ~f the city fop whose collection thc city ~ rcsponsiblc and receive all money reccivak>lc by thc city from thc state or fcdcral government, or from any court, or from ~ny office, dep~rtmcnt or &gcncy ef the city. (10) Have custody of all public funds belonging to or under the control of the city, or any off icc, department or agency of ~hc city government, end ~cposit -all funds comir~ into his hands in s+~ch dcposit~ries es may be dcsignatcd by resolution of the council, or, if no such resolution is adopted, by the city manager, sub3ect to thc requirements of law as surety a~d thc paymen{ of interes~ o5 4cposits, bu~ all such i~ter~st shall bc thc propcrty of thc 'city and shall bc accounted for en~ crec~itcd to thc proper account. 611~ Have custody of all investments and invested fu~s of tAc city ~overnmcnt, or in posscssio~ ~f sucA govcrnmcnt in a fiducbary ~apaci~y, and have thc safckcep~mg of all bonds and notes of thc city an4 the rccc~ipt and- delivery of city bonds and no,es for transfcr, rcgistration or exchange. (12) Supcrvisc ar~i m~bnt~n proper procedures for' th~ purchase of a~t supplics, materials, cqRipmcnt ae%d other articlcs used ~y amy office, department er agency of the e~ g~ve-rnmcnt, in cooperation with othcr dcp a-remcmt heads. (t3} Approve all proposed expenditures, unless~ he s~h~lt certify tha~ thcrc is an uncncumbercd balance of ap~>~op~iatio~ and availablc funds, in which case no appropriation shall bc encumbere~ and nc~ cxpcnditure s4%~t~ be made. (14) Keep a list of outstanc~ng city bonds and revenue certbficatcs, to wh~m issued, for what purpose and when and where payable and t-he rate of irrtercst such obligations respectively bear, and recommend te thc city council, %hrough thc city manager, such action f~om time to timc as will ensur~ punctual peymcnt principal and internist of such bonds. (15) Issue all warrants for thc payment of money by thc city and countersign such warrunts. Section 6. That section 26-33 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 26-33. Building departmcnt created; building official; appointment, qualifications and duties. (a) There i~ hercby crcatcd within thc city a building department to be hcadcd by the shall be a building official for the cit~, who shall be appointed by and serve at the pleasure of the city manager. (b) The building official shall be qualified by education and training in accordance with state law to perform the duties of his office. Thc building official shall rcceive ~uch salary ~nd compensation as shall bc fixcd from timc to timc by thc city council. (c) The building official shall have authority to receive applications and issue building permits and to enforce the building code, building ordinances and standard codes adopted by the city. Neither the building official nor anyone under his direction shall enter any private property without the consent of the owner. The repair, vacation or demolition of unsafe buildings or structures shall be handled pursuant to the unsafe building abatement code, as amended herein. Section 7. CONFLICT. All ordinances or pans of ordinances in conflict herewith are hereby repealed. Section 8. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in fi~ll force and effect. Section 9. the City Council. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows:. , Mayor Martha S. Wininger Vice-Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this day of September, 1999. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Martha S. Wininger, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian, Florida Subject: Resolution No. R-99-49 Establishing an Emergency Disaster Reserve in the General Fund in the amount 'of $350,000. Resolution No. R-99-49 · '.EXPENDITURE AMOUNT BUDGETED: ' REQUIRED: N/A N/A Agenda No. Department Origin: Finance Date Submitted: September 17, 1999 For Agenda of: September 22, i 999 APPROPRIATION REQUIRED: N/A SUMMARY Currently, reimbursements from FEMA are 70% of actual costs of funds applied for in the event of a declared disaster by the Federal Government. This percentage may be reduced over time requiring local governments to pick up a greater portion of the costs involved in disaster preparation and cleanup. These costs generally reflect extraordinary overtime for work crews and police officers for pre-, concurrent, and post-disaster preparation, responses to emergencies and cleanup as well as the costs associated with these operations.- Establishing a reserve with guarantee funds availability in the event of a disaster in the community. RECOMMENDED ACTION Move to approve Resolution No. R-99-49 establishing a reserve in the General Fund in the amount of $350,000 for catastrophic disasters in the City of Sebastian. RESOLUTION NO. R-99-49 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING AN EMERGENCY RESERVE iN THE AMOUNT OF THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000), FOR THE PURPOSE OF PROVIDING FUNDS IN THE EVENT OF A CATASTROPHIC DISASTER OCCURRING IN THE CITY OF SEBASTIAN. WHEREAS, the City'Manager has determined that a reserve of $350,000 is a sufficient amount to set aside for the purpose of providing funds in the event of a catastrophic disaster occurring in the City of Sebastian; and WHEREAS, the Budget Advisory Committee has recommended that a reserve be established for providing funds in' the event of a catastrophic disaster; and WHEREAS, funds are available with in the General Fund Fund Balance for such a reserve; and WHEREAS, the City Council has expressed a desire to see such a reserve established. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TI-IE CITY OF 'SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. DISASTER EMERGENCY RESERVE. There is hereby established a reserve in the General Fund Fund Balance in the amount of THtkEE HUNDRED FIFTY THOUSAND DOLLARS ($350,000)to provide emergency funding in the event a catastrophic disaster occurs in the City of Sebastian. Section 2. USE OF FUNDS. The funds are set aside to be used for emergency operations funding only in the event of a declared disaster. Funds shall only be drawn down for operating purposes in the event a state of emergency is declared by the Federal, State, County, or City of Sebastian Government in accordance with State Statute and the City Code. Section 3, CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. immediately upon its adoption. This resolution shall take effect The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember into a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. and, upon being put The Mayor thereupon declared this Resolution duly passed and Adopted this 22nd day of September, 1999. CITY OF SEBASTIAN, FLORIDA By: Chuck Neuberger, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich Stringer, City Attorney Subject: Approve Golf Cart Path Paving Project. City of Sebastian, Florida en No. Department Origin: Golf Course Mgr: Finance: Purchasing/Contracting: Date Submitted: September 10, 1999 For Agenda of.' September 22, 1999 Exhibits: N°ne EXPENDITURE REQUIRED: NOT TO EXCEED $130,000 AMOUNT BUDGETED: $130,000 APPROPRIATION REQUIRED: -0- SIJlVlMARY The Golf Cart Path Paving Project entails the construction of approximately 12,000 L.F. of concrete cart paths throughout the golf course. This project will connect certain already existing paths and also create new paths in certain areas to create continuity which will be both functional and aesthetically pleasing. Because work of this nature is based on a square foot price, the Contractor will start paving and not cease until $130,000 is expended or the paths completed whichever comes first. RECOMMENDED ACTION Move to approve the Golf Can Paving Project. i I Subject: Approve Contr ~.//q/ & Associates, Inc., Auctioneers, auction of City i surplus equipment. Department Origin: Pun:hasing/Contracting I ~ ~ ~' Date Submitted: September 16, 1999 I (~~~~.~_.~ ForAgenda ot~ September22, 1909 I Exhibits: None -" IEXPENDITURE AMOUNT BUDGETED: APPROPRIATION . i REQUIRED: N/A N/A REQUIRED: -0- I I T he". City has been invited to participate in an absolute auction sale, to sell the City s surplus equipment along with the City of Vero Beach, and Indian River County. Professional Licensed I Auctioneers & Real Estate Brokers, Karlin Daniel & Associates, Inc., who specialize in government ctions will handle the sale. The City of Sebastian, City of Veto Beach, & Indian River County will I piggyback" an RFP contract award-by ~ County for said services. A 10% buyer's premium charged and retained by auctioneer as fee, and the auction will be held at the City of Vero Beach I property October 16, 1999. ! ! I Move to approve Staffto enter into a piggyback contract offMartin County RFP ~65-98, with I Karlin Daniels & Associates for the purpose of' absolute auction of'City surplus equipment. , SEBASTIAN CITY COUNCIL MINUTES FINAL BUDGET HEARING AND REGULAR MEETING WEDNESDAY, SEPTEMBER 22, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Neuberger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Pastor Marcos Batista, Iglesia Pentecostal El Milenio. ROLL CALL City Council Pr0s~nt: Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. Staff Pr~ent: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Finance Director, Mark Mason Chief of Police, Randy White Public Works Director, Terry Hill City Engineer, Martha Campbell Growth Management Director, Tracy Hass Building Director, George Bonacci Golf Course Manager, Pat Cerjan Airport Manager, John Van Antwerp Regular City Council Meeting September 22, 1999 Page Two AGEND~ MODIFICATIONS (ADDITIONS AND/OI~.I)i~LI~TIONS) Items not on the written agenda may be added on~ upon a majoriO~ vote of CiO, Council members (R-99-21) 2 99.184 99.185 99.186 99.187 PROL"LAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A~ Procla~lgion Nathan McCollum - Indian RivEr ~Qun~ Emergency Management Coordinator Mayor Neuberger read and presented a proclamation to Nathan McCollum. Proclamation - Coq~tjtution Week - Daughters of American J~¢volution Mayor Neuberger read and presented a proclamation to Aloa Lorton. Pr0~:lamation - World Population g/eek Mayor Neuberger read the proclamation and the City Clerk stated she would mail it to the recipient. Joe G~nerazio - Realtors Association of Iq~li~ River CounW - City Occupational Ligellsing Practices (CiB' M~rlager Memo 9/16/99, Offutt Letter) 99.188/ 98.150 Growth Managcl~ent Director, Tracy Ho. ss - Revise,.clj~d Development Code Stat~ Report (Grox~th Ma~ment Transmittal 9/16/99. Sut~ary, Solin Memo) 4 CITY ATTORNEY MATTERS 8. CITY MANAGER MATTERS 9. CITY CLERK MATTERS 99.092 11. PUBLIC HEARING AND ~FI1NAL ADOPTION - 1999/2000MILLAGE AND BUDGET (Advertised In Accordance with 200. 065 F.$.) A. Public Comment City Council Acti~.~ Final Adoption of 1999/2000 Fiscal Year Millage Rate - Reso~[ipl~ No. R-99-48 (Finance Transmittal 9/16/99. R-99-4~) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 5.0000 MILLS FOR THE CALENDAR YEAR 1999 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000. The City Attorney read Resolution No. R-99-48 by title. MOTION by I move to adopt Resolution No. R-99-48. ii. Final Adoption of 1999/2000 Fiscal Year Budget As Amended 9/9/99 - Second Reading, and Final Adoption of Ordin~c? No. 0-99-16 (Finance Direc. t..ol'_Tr~smittal 9/16/99. O-99-16 as amended w/Attachecl Schedule A) AN ORDINANCE OF THE CITY COIYNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND MAJOR EQUIPMENT REPLACEMENT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUIX}ET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-99-16 by title. MOTION by I move to adopt Ordinance No. 0-99-16. 99.143 12. 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 ~t agenda items unless a member of CiO, Council so requests; in which event, the item will be removed and acted upon separate~. A. Approval of Minutes - 9/8/99 Regular Meeting, 9/9/99 Budget Hearing Operation Hope/Freedom Christian Center Use of Community Center - 10/16/99 - 7:30 pm to Midnight - Extended Use and Admission Fee Require Council Approval - Police Services Required (City Clerk Transmittal 9/16/99, Application, R-98-43, Tax Exempt Certificate) Thc City Manager read the consent agenda. MOTION by I move to approve items A and B of the consent agenda. 13. 99.174 PUlll, lC HEARING Procedures for public hearings: (R-99-21) Mayor Opens Hearing o Attorney Reads Ordinance or Resolution o StaffPresentation o Public Input - Limit often Minutes Per Speaker , StaffSummation o Mayor Closes Hearing o Council Action Anyone 14'ishtng to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Second Readjllg..Pul>lic Hearing and Final Adoption of Ordinance No. O-99-13 -.,Manager Re~on~ibility Over Personnel Administration (City Clerk Transmil~al 8/1~9]99. 0-99-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTERS 2 AND 26 TO REFLECT CITY MANAGER AUTHORITY OVER PERSONNEL MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-99-13 by title. Mayor Neuberger opened the public hearing at; and being no input, he closed the hearing. MOTION by I move to adopt Ordinance No. 0-99-13. 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker 10 15. COMMITTF~ ILEPORTS/RECOMMEND,4,TI ONS 99.189 16. 17. OLD BUSINE$~ - None NEW BUSINESS A. Resolution No. K-99-4.9 - Emergency Disaster Reserve in General Fund - $350.000 (Finance Transmittal 9/17/99, R-99-49) A ~sotxrnON or THE CITY Or SEBASTiAn. ~NmAN PaVeR COUNTY, FrOPaD~ r. STA~L~SmNO A~ EMEROE~aCY RESERVE IN THE AMOUNT OF THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000), FOR THE PURPOSE OF PROVIDING FUNDS IN THE EVENT OF A CATASTROPtlIC DISASTER OCCURRING IN THE CITY OF SEBASTIAN. The City Attorney read Resolution No. R-99-49 by title. MOTION by I move to adopt Resolution No. R-99-49. 11 99.191 Authorize City Manager to Enter Into Piggyback Contract from Martin County RFp #65-98 with garlin Daniels & Associat~ for Auction of City Surplus Equipment (Purchasing Trammittal 9/16/99) 18. ADJOURN (All meetings shall adjourn at 10:30 p.m. unle,~s extended for up to one half hour by a majority vote of CiO, Council) 13 10. CITY COUNCIL MATTER~ A. Mr. Barczyk ~ ~ ~. B. Mr. Bishop C. Mr. Majcher Mayor Neuberger 6 CITY COUNCIL MEETING DATE: ITEM NO. ROLL CALL1 ~ Mayor Neub~.ger Mr. Barcz3,k Mr. Bishop Mr. Majcher MOTION ooo SECOND ITEM NO.' ROLL CALL 2 ,Mi~-Mayor Neub. erger ~/ Mr. B arczyk ~ Mr. Bishop './~' - - Mr. Majcher ~ MOTION ITEM NO. ROLL CALL Mr. Barczyk Mr. Bishop Mr. Majcher ~ Mayor Neuberge~.~ MOTION SECO ITEM NO. q~'. [ 7'¥ ROLL CALL Mr. Bishop Mr. Majcher giee'Mayor Neube/r4~er Mr. Barczyk MOTION/~fl~_ SECOND ITEM NO. ~./~ ROLL CALL Mr. Majcher ~ Mayor Ne,~ger Mr. Barczyk Mr. Bishop J MOTION ,/~' CITY COUNCIL MEETING DATE: MOTION ROLl, CALLi V.i~'Mayor Mr. Barczyk Mr. Bishop Mr. Majcher v, ~d~SECOND ITEM NO. /"'Mr. Bar~zyk / ishop Mr. Majcher iTEM NO. ROLL CALL~ ¥~r Mayor Neuberger / MOTION MOTION SECOND SECOND ROLL CALL 3 Mr. Barczyk Mr. Bishop Mr. Majcher -lll~-Mayor Neuberger ITEM NO. MOTION SECOND ROLL CALL 4 Mr. Bishop Mr. Majcher ~ Mayor Neuberger Mr. Barczyk ITEM NO. MOTION SECOND ROLL CALL 5 Mr. Majcher ~t~-Mayor Neuberger Mr. Barczyk Mr. Bishop