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HomeMy WebLinkAbout07191995 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTiAN CITY COUNCIL SPECiAL MEETiNG WEDNESDAY, JULY 19, 1995- 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAiN STREET, SEBASTIAN, FLORIDA PURPOSE: The purpose of the Special Meeting is to conduct a public hearing in accordance with F.$. 180.301 to determine if the sale of the water and wastewater utility is in the public interest. CALL TO ORDER 2. ROLL CALL PUBLIC HEARING IN ACCORI)AI~C~ WITH 18o,301 Presentation - City Manager Questions and Answers - General Public Discussion - City Council Resolution No. R-95-42 - Finding Sale of City of Sebastian Water and Wastewater Facility is in the Public Interest in Accordance with F.S. 180.301 (R-95-42) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, DIRECTING AND AUTHORIZING THE PURCHASE, SALE, ASSUMPTION AND TRANSFER OF THE REAL AND PERSONAL PROPERTY COMPRISING THE UTILITY SYSTEM OWNED AND UTILIZED BY THE CITY OF SEBASTIAN TO PROVIDE WATER AND WASTEWATER SERVICE; PROVIDING FOR FINDING OF A PUBLIC'PURPOSE AND NECESSITY; PROVIDING THAT THE ACQUISITION IS IN THE PUBLIC INTEREST IN CONFORMANCE WITH SECTION 180.301, FLORIDA STATUTES; PROVIDING AUTHORITY TO COMPLETE THE PURCHASE, SALE, ASSUMPTION AND TRANSFER; AND PROVIDING FOR APPLICABILITY AND AN EFFECTIVE DATE. 4. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MA~ER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATiM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTiMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. 0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 2 PUBLIC HEARING SIGN-UP SHEET JULY 19, 1995 SPECIAL MEETING IN ACCORDANCE WITH 180.301 F.S. Name I J Addres?~ For Information Address ~ ~' ,_9 '~ '~ ~- ' //)i;' ~I/,~-Z For /:,i~Z.'~ Against Information Information Name Address For D '.~/I ..... '.,,..,-",.-' .... Against Information For . Against Information Address For Against Information Address :~ For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, JULY 19, 1995- ?:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA PURPOSE: The purpose of the Special Meeting is to conduct a public hearing in accordance with F.S. 180.301 to determine if the sale of the water and wastewater utility is in the public interest. Mayor Firtion called the Special Meeting to order and the Pledge of Allegiance was recited. 2. ROLL CALL City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present; City Manager, Joel Koford City Attorney, Clifton McClelland, Jr. City Clerk, Kathryn O'Halloran Finance Director, Joel Haniford Utilities Director, Richard Votapka Deputy City Clerk, Sally Maio Special City Council Meeting July 19, 1995 Page Two Mayor Firtion noted attendance by Indian River County representatives as follows: County Administrator, James Chandler County Attorney, Charles Vitunac Utilities Director, Terry Pinto Utilities Assistant Director, Harry Asher Budget Director, Joseph Baird Mayor Firtion explained the purpose of the meeting and procedures to be followed. 3. PUBLIC HEARING IN ACCORDANCE WITH 180.301 F.S. A. Presentation - City Manager The City Manager cited Chapter 180.301 Florida Statutes, which provides specific guidance and requires the City Council to consider ten items before making a final decision on the sale of the water and wastewater facility. The City Manager addressed each item by presenting a thorough overview of background information and various aspects (both positive and negative) of the proposed sale. The presentation was accompanied by an overhead viewgraph slide, which addressed each of the ten items. He noted that after the presentation, in accordance with 180.301 Florida Statutes, the City Attorney would address the major items outlined in the final draft agreement. He stated that if the sale is confirmed by the City Council, Indian River County would conduct its 180 hearing on August 8 or 15, 1995. The City Attorney addressed the proposed sale agreement. He noted that he had distributed three highlighted amended pages to City Council (pages 16, D-1 and H-1 see attached) prior to the meeting, which were amended as a result of discussions with the County in the last few days. Special City Council Meeting July 19, 1995 Page Three He noted those changes as follows: Page 16 - Section 5.04 added additional accounts to the accounts current balance list. Page D-2 - Form of bond opinion requested from the County with a new paragraph 3 added. He said he would address page H-1 later on in the meeting. He noted changes made to the agreement since City Council last considered it as follows: Page 10 - Paragraph 3 - the Riverfront Project will be transferred to the County, however, the special assessment will continue to be paid to the City and the City will in turn pay the County for construction of the project. Page 11 - Section 3.03 - Bond Obligations - the County will assume the City's obligations and will hold the City harmless for any liabilities arising out of the City bonds. Page 12 - Section 3.03 - Series of obligations listed in Exhibit H and H-1 - there are two City agreements for which the County will not assume liability; Citrus Utilities and Sebastian Lakes. He stated that the County will assume the City's liability in terms of the bonds; that an opinion from bond counsel will be obtained to certify that the adopted Resolutions are in order; and that by the County assuming the liability, the City's aA sales tax will be released to use for other purposes. The City Attorney went on to discuss procedures for special assessments, whereby there are options for either the County or the City to impose assessments; and discussed the need for an ordinance to perfect the special assessment mechanism and to give the County the capacity for special assessment within the City limits. Special City Council Meeting July 19, 1995 Page Four He went on to explain the proposed agreement further: Page 19 - Section 6.03 - Rates - this section gives the County the power to establish rates, to enable funding for future projects and in the event there are bond coverage shortages, they can impose rate increases. He said the establishment of rates, however, must be equitable with other user fees. Page 20 - Section 6.05 - Licenses to Use City Rights-of-Way - this section provides procedures for granting a license to the County for use of City rights-of-way The City Attorney went on to state that MBIA, the insurer of the bonds, has reviewed the agreement and anticipates changes, however, they will not be significant. He warned that by the time the agreement has gone before the County and to bond counsel for final approval, there will probably be some language changes in the indemnification area and perhaps in the County bond resolution. He then referred to the bond resolution. Mr. Halloran inquired about the interlocal agreement regarding Sebastian Lakes in table H-1. TAPE I - SIDE II (7:45 p.m.) Terry Pinto, Indian River County Utilities Director, said the County staff will recommend to the County Commission that the County defease the bonds and not go through with the transfer of obligations and that will do away with the requirement for indemnification and also give the City full assurance that the tax obligated to the bonds would be released and the obligation of debt would be totally the County's. B. Questions and Answers - General Public Mayor Firfion opened the public hearing at 7:50 p.m. and recognized the following: Walter Barnes, 402 Azine Terrace; Gertrude Reid, 202 DelMonte Road; Thomas Wojciechowski, 425 Peterson Street; Ed Miquelon, 275 Zane Avenue; George Reid, 202 DelMonte Street; Lonnie 4 Special City Council Meeting July 19, 1995 Page Six Powell, 885 Roseland Road; and Clay Price, 12430 Roseland Road; all of Sebastian. Each person expressed his or her opinion and any questions posed by them were answered either by the City or County staff. Mayor Firtion closed the public heating at 8:23 p.m. C. Discussion - City Council Vice Mayor Corum expressed concern for the difference in the map in the packet and that on the wall which exhibited the the three phases of water service with shaded areas. She inquired about areas not shaded and the City Manager explained that rights-of-way in the two areas, South Moon Under and San Sebastian Springs, have not been deeded to the City. He said there would be an obligation by the utility to service the area if and when there was a demand for it. She expressed concern that those areas hook up as soon as service is available to protect the Sebastian River. The City Attorney said the City would have the power to impose a special assessment and would have to acquire fights-of-way if it wished to have water provided to the area. The City Attomey and City Manager gave a brief history on the agreements between the City and Sebastian Lakes and GDU in response to Vice Mayor Corum's inquiry. Mrs. Damp commented that she was the only one on a previous Council who voted against the City purchase of the GDU facility and expressed her gratitude to the County. Mr. Halloran noted that Clay Price had referred to the City impact cost and not the County impact cost and said he was in favor of the sale to the County. TAPE II - SIDE I (8:25 p.m.) 5 Special City Council Meeting July 19, 1995 Page Six Mr. Halloran noted that the majority of voters want the sale to go through as evidenced by election results. Mrs. Cartwright said this had not been a quick decision and that it is without question in the best interest of the City of Sebastian to go ahead. Mayor Firfion said he had been against the purchase of the GDU facility since the inception and that this is a "win-win" situation. Resolution No. R-95-42 - Finding Sale of City of Sebastian Water and Wastewater Facility is in the Public Interest in Accordance with F.S. 180.301 (R-95-42) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, DIRECTING AND AUTHORIZING THE PURCHASE, SALE, ASSUMPTION AND TRANSFER OF THE REAL AND PERSONAL PROPERTY COMPRISING THE UTILITY SYSTEM OWNED AND UTILIZED BY THE CITY OF SEBASTIAN TO PROVIDE WATER AND WASTEWATER SERVICE; PROVIDING FOR FINDING OF A PUBLIC PURPOSE AND NECESSITY; PROVIDING THAT THE ACQUISITION IS IN THE PUBLIC INTEREST IN CONFORMANCE WITH SECTION 180.301, FLORIDA STATUTES; PROVIDING AUTHORITY TO COMPLETE THE PURCHASE, SALE, ASSUMPTION AND TRANSFER; AND PROVIDING FOR APPLICABILITY AND AN EFFECTIVE DATE. MOTION by Halloran/Cartwright I move to adopt Resolution No. R-95-42 in accordance with Florida Statute 180.301. The City Attorney read Resolution No. R-95-42 by title only and advised that since the resolution adopts the book, Council should also "adopt the revised agreement in the book". Mr. Halloran and Mrs. Cartwright concurred with the addition to the motion. 6 Special City Council Meeting July 19, 1995 Page Seven ROLL CALL: Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion - aye - aye - aye - aye MOTION CARRIED 5-0 Approved at the Meeting. Mayor Firtion adjourned the Special Meeting at 8:32 p.m. ~y J ,1995, Regular City Council Arthur L. Firtion, Mayor ' KathryffM. O Hall0ran, CMC/AAE City Clerk 7