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HomeMy WebLinkAbout08111980MINUTES OF REGU COUNCIL MEETING - AUGUST 11, 1980 MEETING WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PRESENT: VICE MAYOR LEWIS GRAY, COUNCILMAN FRANK OBERBECK, COUNCILWOMAN DOROTHY McKINLEY, COUNCILMAN EVERETT GASS, MAYOR PAT FLOOD, JR., AND CITY ATTORNEY DANIEL KILBRIDE, JR. MOTION BY COUNCILWOMAN McKINLEY, SECONDED BY COUNCILMAN GASS, TO APPROVE THE MINUTES OF REGULAR COUNCIL MEETING 7/14/80, SPECIAL COUNCIL MEETING 7/23/80, PUBLIC HEARING 7/23/80, REGULAR COUNCIL MEETING 7/23/80, SPECIAL COUNCIL MEETING 7/23/80. CARRIED. COUNCILWOMAN MCKINLEY REQUESTED AND RECEFVED PERMISSION OF THE COUNCIL TO BRING ON THE FLOOR A MATTER NOT LISTED ON THE AGENDA. COUNCILWOMAN McKINLEY REQUESTED THE IMMEDIATE RESIGNATION OF FLORENCE PHELAN, CITY CLERK OF SEBASTIAN, ON THE CHARGES OF BELLIGERENT, ARROGANT, AND INSUBORDINATE. ~R. KILBRIDE RULED THAT SINCE THE REQUEST WAS FOR RESIGNATION, IT WOULD BE UP ~0 THE CITY CLERK TO RESPOND, AND IF THE RESPONSE WERE NEGATIVE, THEN THE COUNCIL WOULD HAVE TO CON- SIDER WHETHER FURTHER ACTION SHOULD BE TAKEN. THERE FOLLOWED A LENGTHY DISCUS- SION AS TO THE PROPER PROCEDURE TO FOLLOW. AT ONE POINT IT WAS SUGGESTED THAT SHE MIGHT HAVE AN OPPORTUNITY TO REPLY. MRS. PHELAN STATED THAT SHE WOULD REPLY TO SUCH A LETTER AND WHEN THE WHOLE THING WAS CLEARED UP, SHE WOULD TENDER HER RESIGNATION TO THE CITY OF SEBASTIAN AS SHE WOULD NOT WORK ANY PLACE WHERE SHE WAS NOT WANTED OR FOR A COUNCIL THAT DIDN'T GIVE HER THEIR FULL SUPPORT. WHEN COUNCILMAN OBERBECK ASKED MRS. PHELAN IF HE HAD UNDERSTOOD HER CORRECTLY TO SAY THAT SHE WOULD ANSWER THE CHARGES AND THEN HAND IN HER RESIGNATION, MRS. PHELAN REPLIED: "LET'S JUST TABLE THAT FOR THE TIME BEING, TILL I FIND OUT JUST WHAT EXACTLY WE'RE TALKING ABOUT." MR. KILBRIDE ADVISED THAT THE CITY CHARTER STATES CAUSE BYAVOT OFATLEASTTHREEME S.' ' ----''''-- kV/ MOTION BY COUNCILWOMAN McKINLEY, SECQ~D BY COJNCILMA~ ~BERBECK, FOR IMMEDIATE DISMISSAL OF THE CITY CLERK. ~ O) I I ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUWCILWCM~ McKINLEY NAYS: COUNC ILR-AN GA~S CARRIED. MRS. PHELAN THEN TOOK HER DEPARTURE. MOTION BY CO NC N' O , CK, CO U I WOM N MOKIN E¥, O\PA- CHIEF CUMMINS REPORTED THAT 375 COMPLAINTS WERE HANDLED BY THE POLICE DEPARTMENT DURING THE MONTH OF JULY, NOT INCLUDING TRAFFIC STOPS. MR. WEHR REPORTED THAT THE STREET DEPARTMENT WORKED A TOTAL OF 2013 HOURS. EXPENDITURES WERE $988. MR. LANCASTER MADE THE FOLLOWING REPORT FOR THE BUILDING OFFICIAL: 38 SINGLE FAMILY HOMES WERE CONSTRUCTED IN JULY FOR A TOTAL VALUE OF $1,186,080. TOTAL CONSTRUCTION FOR THE MONTH WAS $1,254,135. PERMIT FEES WERE $6,981.20. TOTAL CONSTRUCTION TO DATE AMOUNTS TO $10,945,394.20 AND TOTAL PERMIT FEES $56,766.32. MR. LANCASTER REPORTED THAT FOR THE PERIOD ENDING JULY 31, 1980, THE FIRST TEN MONTHS OF THE FISCAL YEAR, OUR REVENUE HAS BEEN $845,978.76 AND EXPENDITURES HAVE BEEN $624,146.14. COUNCILMAN OBERBECK STATED THAT HE HAD BEEN APPROACHED BY THE JAYCEES FOR PER- MISSION TO USE THE SEBASTIAN SOCIAL CENTER ON THURSDAY NIGHTS FOR THEIR MEETINGS AND TO SERVE ALCOHOLIC BEVERAGES. HE ADDED THAT THIS VERBAL REQUEST WOULD BE FOLLOWED UP BY A LETTER. MAYOR FLOOD ADVISED THAT HE ALSO HAD BEEN APPROACHED WITH THE SUGGESTION THAT THE JAYCEES WILL DO SOME REMODELING OF THE BUILDING, FOR EXAMPLE, THE WINDOWS, IN LIEU OF PAYMENT OF RENT. UPON BEING INFORMED THAT THURSDAY NIGHTS WERE NOT AVAILABLE, IT WAS AGREED THAT WEDNESDAY NIGHTS WOULD BE ALL RIGHT. MOTION BY COUNCILMAN GASS, SECONDED BY VICE MAYOR GRAY, TO ALLOW THE SEBASTIAN JAYCEES TO USE THE SOCIAL CENTER ON WENESDAY NIGHTS AND TO SERVE ALCOHOLIC BEVERAGES, WITH THE UNDERSTANDING THAT THEY WILL DO SOME REPAIRS AND REMODELING OF THE BUILDING IN LIEU OF THE PAYMENT OF RENT. CARRIED. MINUTES OF REGULAR COUNCIL MEETING - AUGUST 11, 1980 (PAGE 2) MR. ELLIOT PINDAR STATED THAT HIS COMPANY HAD SUB-LEASED THE LAND AT THE AIRPORT OWNED BY GOLDSTAR AERO, INC. FOR SIX MONTHS WITH AN OPTION TO PURCHASE. THE COMPANY, MAGNATRAC CORPORATION, WILL MAINTAIN A RESEARCH INSTALLATION CENTER FOR ELECTRONIC DEVICES. MR. PINDAR WAS INFORMED THAT WHILE THE COUNCIL HAD NO OBJECTION TO THE SUB-LEASE THEY WOULD PREFER THAT HE GO THROUGH THE PROPER PRO- CEDURE AND SUBMIT HIS PROPOSAL TO THE AIRPORT ADVISORY BOARD AND THEY, IN TURN, WOULD BRING IT BEFORE THE COUNCIL WITH THEIR RECOMMENDATION. MR. PINDAR AGREED. MAYOR FLOOD ADVISED THAT RIVER'S EDGE PROPERTY OWNERS DID NOT AGREE TO THE PLACE- MENT OF INDIVIDUAL WELLS ON THEIR LOTS. HE IS STILL WAITING TO FIND OUT WHAT MR. KEPPLER PROPOSES TO DO AND HOPES TO HAVE MORE INFORMATION AT THE NEXT MEETING. COUNCILMAN GASS REPORTED THAT 10 STREET LIGHTS WILL BE INSTALLED THIS WEEK AND 8 MORE WILL BE INSTALLED SHORTLY. COUNCILWOMAN McKINLEY REPORTED THAT SHE HAD WRITTEN A LETTER TO THE INTERLINE VAULT COMPANY REQUESTING THAT ALL SOD MUST BE REMOVED IN SQUARES AND NEATLY STACKED FOR REPLACEMENT AFTER BURIALS. MAYOR FLOOD SUGGESTED THAT A SIMILAR LETTER SHOULD BE SENT TO ALL THE VAULT COMPANIES AND FUNERAL HOMES CONCERNED. THE ACTING CiTY CLERK READ FOR THE SECOND TIME, BY TITLE ONLY, AN ORDINANCE AMENDING SEC 20-16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN (1980) BY INCREASING THE MEMBERSHIP OF THE PLANNING & ZONING COMMISSION TO SEVEN (7) MEMBERS IN STAGGERED TERMS. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILWOMAN McKINLEY, TO ACCEPT THE SECOND READING OF AN ORDINANCE AMEN~N~ SEC--2~ ~E~ODE OF ORDINANCES & ZONING COMMISSION TO SEVEN (7) MEMBWR'~ IN STAGGERED ~ER~; BROVIDING FOR AN ALTERNATE MEMBER; PROVIDING AN EFFECFIVE LATE. \ / ROLL CALL VOTE: ~ V__ICE ~AYOR G~A COUNCILMAN OBERBECK MAYOR FLOOD ITGASS NAYS: NONE. CARRIED. AMENDING SEC 20-16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN (1980) BY INCREASING THE MEMBERSHIP OF THE PLANNING & ZONING COMMISSION TO SEVEN (7) MOTION BY COUNCI~A~, GASS,~ECOI~DF~9 B~ ~r~C~ MA~'~ GRAY, TO ADOPT~A~ O~DIN]A~CE AMENDING SEC 2o-1 T E ODE D : cks OF MEMBERS IN STAGG~9~J~' TER~R~G q~gR ~ AL~I~B~fNATE M~MBER~, th~OVI~DfNG--~.N~- EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK MAYOR FLOOD COUNCILWOMAN McKINLEY COUNCILMAN GASS NAYS: NONE. CARRIED. THE ACTING CITY CLERK READ FOR THE SECOND TIME, BY TITLE ONLY, AN ORDINANCE PROVIDING FOR AN ALTERNATE MEMBER FOR THE BOARD OF ADJUSTMENT. MOTION BY COUNCILWOMAN McKINLEY, SECONDED BY VICE MAYOR GRAY, TO ACCEPT THE SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 202, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN BY PROVIDING FOR AN ALTERNATE MEMBER TO BOARD OF ADJUSTMENT; REQUIRING ON (1) YEAR RESIDENCY; PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK MAYOR' FLOOD COUNCILWOMAN McKINLEY COUNCILMAN GASS NAYS: NONE. CARRIED. THE ACTING CITY CLERK READ FOR THE THIRD TIME, BY TITLE ONLY, AN ORDINANCE PROVIDING FOR AN ALTERNATE MEMBER FOR THE BOARD OF ADJUSTMENT. MOTION BY COUNCILWOMAN McKINLEY, SECONDED BY COUNCILMAN OBERBECK, TO ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 202, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN BY PROVIDING FOR AN ALTERNATE MEMBER TO BOARD OF ADJUSTMENT; REQUIRING ONE (1) YEAR RESIDENCY; PROVIDING AN EFFECTIVE DATE. MINUTES OF REGULAR CONCIL MEETING - AUGUST 11, 1980 (PAGE 3) ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK MAYOR FLOOD COUNCILWOMAN MCKINLEY COUNCILMAN GASS NAYS: NONE. CARRIED. MR. KILBRIDE STATED THAT THERE HAS BEEN A PUBLIC HEARING ON THE UTILITIES ORDINANCE, BUT SINCE THAT READING HE HAS HAD A CHANCE TO REVIEW THE PROPOSED NEW CODE OF ORDINANCES. MUNICIPAL CODE CORPORATION HAS INCLUDED A UTILITIES OR~'W~A'~Ei'WH~-CH£-~SD~F~R~NT£~'~M~HE~O~E~/NOWJ'UND~Rf~NSID~TI~N. ~MR. KILBRIDE PROPOSED THAT THERE SHOULD BE ANOTHER PUBLIC HEARING SET UP FOR AUGUST 20 AND THEN IT COULD BE ADOPTED AT THE REGULAR MEETING. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILWOMAN McKINLEY, TO HAVE A PUBLIC HEARING ON THE UTILITIES ORDINANCE ON AUGUST 20. CARRIED. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN OBERBECK, TO HAVE A PUBLIC HEARING ON THE MANDATORY HOOK UP ORDINANCE. CARRIED. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILWOMAN MCKINLEY, TO TABLE UNTIL AUGUST 20, THE ORDINANCE CHANGING THE NAMES OF THE VARIOUS STREETS. CARRIED. THE ACTING CITY CLERK READ FOR THE SECOND TIME, BY TITLE ONLY, AN ORDINANCE PROHIBITING THE EXPOSURE OF PRIVATE PARTS. SECOND READING OF AN ORDINANCE CREATING SSCTION 4-30F\T~ CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA '19~9~ PROHIBITING T~EIEXPOSURE OF PRIVATE OFFERED FOR SALE FOR CONSUMPTION O~ PRF~MISE~ PROH~-B~TING THE USE OF ANY DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS IN AN ES- TABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ~E~FF~ FOR SALE FOR CONSUMPTION ON THE PREMISES; PROHIBITING ANY PERSON (~W~qV(~, .~A~A~AINING OR OPERATING AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES A~E O?F~ED FOR SALE FOR CONSUMPTION ON THE PREMISES FROM SUFFERING OR PERMITTIMG O~ rH~PREMISES OF SAID ESTABLISH- MENT THE EXPOSURE OF PRIVATE PARTS, FEMALE B.gE~Srb~, OR THE USE OF ANY DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS O~_~LE~EASTS; PROVIDING FOR PENALTY; SEVERABILITY CLAUSE; EFFECTIVE DATE. NAYS: NONE. BE~ BFCK McKiNLEY ~ CARRIED. THE ACTING CITY CLERK READ FOR THE THIRD TIME, BY TITLE ONLY, AN ORDINANCE PROHIBITING THE EXPOSURE OF PRIVATE PARTS. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO ADOPT AN ORDINANCE CREATING SECTION 4-3 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA (1980) PROHIBITING THE EXPOSURE OF PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES ;. PROHIBITING THE USE OF ANY DEVICE OF COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES; PRO- HIBITING ANY PERSON OWNING, MAINTAINING OR OPERATING AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES FROM SUFFERING OR PERMITTING ON THE PREMISES OF SAID ESTABLISHMENT THE EXPOSURE OF PRIVATE PART, FEMALE BREASTS, OR THE USE OF ANY DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS; PROVIDING FOR PENALTY; SEVERABILITY CLAUSE; EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY, COUNCILMAN OBERBECK, MAYOR FLOOD, COUNCILWOMAN McKINLEY, COUNCILMAN GASS NAYS: NONE. CARRIED. THE ACTING CITY CLERK READ FOR THE SECOND TIME, BY TITLE ONLY, AN ORDINANCE PROHIBITING DISORDERLY CONDUCT. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY VICE MAYOR GRAY, TO ACCEPT THE SECOND READING OF AN ORDINANCE CREATING SECTION 17-5 AND 17-6 OF THE CODE OF ORDINANCES PROHIBITING DISSORDERLY CONDUCT, INCLUDING VIOLENT AND TUMULTUOUS CONDUCT, FIGHTING, INTOXICATION, INCITING RIOT, USIN ABUSIVE AND OBSCENE LANGUAGE, DAMAGING PUBLIC PROPERTY, DISTURBING THE PUBLIC PEACE AND FAILING TO DISPERSE; PROVIDING EXEMPTIONS; PROHIBITING OBSTRUCTING POLICE OFFICERS; AND PROVIDING PENALTIES FOR VIOLATION OF SUCH ORDINANCE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK MAYOR FLOOD COUNCILWOMAN McKINLEY COUNCILMAN GASS NAYS: NONE. CARRIED. MINUTES OF REGULAR CONCIL MEETING - AUGUST 11, 1980 (PAGE 4) C~2 THE ACTING CITY CLERK READ FOR THE THIRD TIME, BY TITLE ONLY, AN ORDINANCE PROHIBITING DISORDERLY CONDUCT. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GRAY, TO ADOPT ON ORDINANCE CREATING SECTION 17-5 AND 17-6 OF THE CODE OF ORDINANCES PROHIBITING DISORDERLY CONDUCT, INCLUDING VIOLENT AND - TUMULTUOUS CONDUCT, FIUHTING , INTOXICATION, INCITING RIOT, USING ABUSIVE AND OBSCENE LANGUAGE, DAMAGING PUBLIC PROPERTY, DISTURBING THE PUBLIC PEACE AND FAILING TO DISPERSE; PROVIDING EXEMPTIONS; PROHIBITION OBSTRUCTING POLICE OFFICERS; AND PROVIDING PENALTIES FOR VIOLATION OF SUCH ORDINANCE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK MAYOR FLOOD COUNCILWOMAN McKINLEY COUNCILMAN GASS NAYS: NONE. CARRIED. THERE FOLLOWED A BRIEF DISCUSSION ON THE ROAD ACCEPTANCE AGREEMENT WITH GENERAL DEVELOPMENT CORPORATION. MAYOR FLOOD WILL TAKE UP WITH MR. WAYNE ALLEN THE POS- SIBILITY OF INCREASING THE ASPHALT PAVING ALLOWANCE FROM $33. PER TON THE CURRENT PRICE. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO TABLE THE ROAD ACCEPTANCE AGREEMENT UNTIL AUGUST 20. CARRIED. THAN RE-DO IT, THE COUNCIL AGREED ~HA~_~HE WORD "~-~Ti~ULD PLACED BEFORE "CITY CLERK" ANDMRS. REID COULDATTEST TO IHEDOCUMEN~./ -- - ROLL CALL VOTE: AYES: MAvom ~-RAY LMA~BERBECK M~ YOR" FLOR CC U~gC£LNO~N McKINLEY CdUWCILMAN G~S NAYS: NONE. CARRIED. MOTION BY VICE M~ GRA3~EC~gA~)Z'D i~Y~C()~I~ OBER~K, ~ t~BLL~-~NT'I-~ h~fE WORKSHOP MEETING ON SEPTEMBER 3 THE PROPOSED PLAN FROM F. A. HYDE ASSOCIATES TO FINANCE THE GOLF COURSE. CARRIED. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILWOMAN McKINLEY, TO TABLE THE ORDINANCE ON PARKING ON SCHOOL PROPERTY UNTIL THE WORKSHOP MEETING ON SEPTEMBER 3. CARRIED. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILWOMAN MCKINLEY, TO TABLE DISCUSSION ON SETTING LENGTH OF TERM FOR MEMBERS OF THE ZONING AND PLANNING COMMISSION UNTIL THE WORKSHOP MEETING ON SEPTEMBER 3. CARRIED. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN OBERBECK, TO PERMIT THE INDIAN RIVER BOWLING ASSOCIATION TO SERVE ALCOHOLIC BEVERAGES AT THEIR MEETING ON AUGUST 16 AT THE SEBASTIAN SOCIAL CENTER. CARRIED. THE ACTING CITY CLERK READ IN ITS ENTIRETY A RESOLUTION ABANDONING EASEMENT BETWEEN LOTS 3 AND 4, BLOCK 399, UNIT 11, SEBASTIAN HIGHLANDS. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILWOMAN McKINLEY TO APPROVE ABANDON- MENT OF EASEMENT BETWEEN LOTS 3 AND 4, BLOCK 399, UNIT 11, SEBASTIAN HIGHLANDS. (FADELL). CARRIED. THE ACTING CITY CLERK READ IN ITS ENTIRETY A RESOLUTION ABANDONING EASEMENT BETWEEN LOTS 22 AND 23, BLOCK 285, UNIT 11, SEBASTIAN HIGHLANDS. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN GASS, TO APPROVE ABANDONMENT OF EASEMENT BETWEEN LOTS 22 AND 23, BLOCK 285, UNIT 11, SEBASTIAN HIGHLANDS. THE ACTING CITY CLERK READ IN ITS ENTIRETY A RESOLUTION ABANDONING EASEMENT BETWEEN LOTS 8 AND 9, BLOCK 305, UNIT 10, SEBASTIAN HIGHLANDS. MOTION BY COUNCILMAN GASS, SECONDED BY VICE MAYOR GRAY, TO APPROVE ABANDONMENT OF EASEMENT BETWEEN LOTS 8 AND 9, BLOCK 305, UNIT 10, SEBASTIAN HIGHLANDS. (LEWIS). CARRIED. MINUTES OF REGULAR COUCIL MEETING - AUGUST 11, 1980 (PAGE MAYOR FLOOD STATED THAT HE WOULD LIKE TO GO ON RECORD THAT HE IS OPPOSED TO THE SITE CHOSEN FOR THE LOCATION OF THE NEW POST OFFICE, THE WEST SIDE OF U.S. 1 OPPOSITE CORAL GEM, WHICH IS NOT WITHIN THE CITY LIMITS. COUNCILMEN GASS AND OBERBECK AND COUNCILWOMAN McKINLEY WENT ON RECORD THAT THEY ALSO OPPOSED. VICE MAYOR GRAY STATED THAT PERHAPS HE SHOULD SIGN A CONFLICT OF INTEREST SINCE HIS OFFICE HAD BEEN INVOLVED IN PROPOSING SITES FOR THE BUILDING. MAYOR FLOOD ADDED THAT NO SPECIAL ACTION WAS REQUIRED OF THE COUNCIL. HE JUST WANTED THEM TO BE AWARE THAT HE HAD ALREADY SPOKEN TO TWO SENATORS AND A CONGRESSMAN AND WAS GOING TO FOLLOW THROUGH WITH A LETTER. HE SUGGESTED THAT A PETITION BE CIRCULATED PROTESTING THIS MATTER. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILWOMAN McKINLEY, TO TABLE UNTIL AUGUST 20 AN ORDINANCE ADOPTING A NEW CODE OF ORDINANCES. CARRIED. MR. KILBRIDE EXPLAINED BRIEFLY HOW THE TRIM BILL, RECENTLY PASSED BY THE LEGISLATURE,. WOULD AFFECT THE CITY OF SEBASTIAN. IT PUTS ON THE BALLOT FOR REFERENDUM VOTE A HOMESTEAD EXEMPTION FOR ALL PROERTY OWNERS RESIDING IN THE STATE OF FLORIDA FIVE YEARS OR LONGER. IN ADDITION THERE IS A NEW PROVISION AS FAR AS PROVIDING FOR SETTING AD VALOREM TAXES. THE TIME WHICH THE CITY NORMALLY HAS TO SET THE MILLAGE AND APPROVE THE BUDGET HAS BEEN COMPRESSED. THE PROPERTY APPRAISER HAS TAKEN STEPS TO GET APPROVAL OF LAST YEAR'S TAX ROLLS TO BE USED AS AN INTERIM TAX ROLL UNTIL A NEW EVALUATION IS PRODUCED. THE CITIES WILL BE ALLOWED TO ADOPT A MILLAGE RATE WHICH CAN BE CHANGED. IF THE HOMESTEAD EXEMPTION IS APPROVED, THAT WILL AFFECT THE MILLAGE. IT WOULD REDUCE THE YIELD SO THE MILLAGE WOULD HAVE TO GO UP. THE NEW TAX ROLL WILL BE 100%, AND SINCE THE INTERIM TAX ROLL IS NOT AT 100%, THIS WILL CAUSE THE MILLAGE TO COME DOWN, BUT OVER ALL IT SHOULD PRODUCE THE SAME NUMBER OF DOLLARS. AT THE BUDGET HEARING ON AUGUST 13, THERE ~ ~ ~ ~p~G OF AN ORDINANCE MILLAGE AND PRIOR AD VALOREM PROCE~D~T~AZ MIL~GE GEnErATED, AND THIS YEAR'S ROLLBACK MILLAGE. IF THAT~I~EJ~ NO.T--SUFFICJ-~NT TO MEET THE BUDGET'S NEEDS, THEN A NEW MILLAGE WILL HAVE TO BE GALCULATED, AND PASSED AT THE AUGUST 13 MEETING. AFTER THE FIRST READING THE PROP~ER~Y A~A~SER MUST BE NOTIFIED OF WHAT THE PROPOSED MILLAGE IS TO BE, AND HE~IAL N~JFY THE PROPERTY OWNERS THAT WE WiLL HOLD A PUBLIC HEARING ON SEPTEMBER 20, TW~DOING AWAY WITH THE NECESSITY OF OUR HAVING TO A~VERTISE THIS PUBLIC HEARING. AT, THE PUBLIC HEARING THE MILLAGE RATE CAN BE ADJUSTED, BUT IT CAN ONLY BE__uDECREAS~. A SECOND PUBLIC BUDGET HEARING WILL BE HELD ON SEPTEMBER 29 AND THIS WI~RE~UIR~A QUARTER PAGE AD. THIS WILL ENABLE US TO MEET THE DEADLINE OF OCTOBER I-~,1980 694 CITY CLERK MAYOR MINUTES OF PUBLIC HEARING AND SPECIAL MEETING - 1980-81 ~UDGET - AUGUST 13, 1980 PUBLIC HEARING AND SPECIAL MEETING WAS OPENED BY VICE MAYOR LEWIS GRAY AT 7:00 P.M. PRESENT: VICE MAYOR LEWIS GRAY, COUNCILMAN FRANK OBERBECK, COUNCILWOMAN DOROTHY McKINLEY, COUNCILMAN EVERETT GASS, CITY ATTORNEY DANIEL KILBRIDE, JR. ABSENT: MAYOR PAT FLOOD, JR. (ILLNESS) FOR THE BENEFIT OF THE PUBLIC FiR. KILBRIDE EXPLAINED THAT THE COUNCIL MUST FIRST CONSIDER THE PROPOSED EXPENDITURES, AND AFTER APPROVAL, THE PROBLEMS WITH THE TRIM BILL WOULD BEGIN. THERE IS NO NEW TAX ROLL PREPARED BY THE COUNTY PROPERTY APPRAISER. THE LEGISLATURE PASSED A SPECIAL LAW ALLOWING THE PROPERTY APPRAISER TO USE LAST YEAR'S TAX ROLL AS AN INTERIM TAX ROLL FOR THIS YEAR UNTIL A NEW ONE IS PREPARED. THE CITY MUST SET A TENTATIVE MILLAGE RATE AND THEN SCHEDULE AN OFFICIAL PUBLIC HEARING, NOTICE OF WHICH WILL BE SENT TO EVERY PROPERTY OWNER BY THE PROPERTY APPRAISER. THE PROBLEM WITH CALCULATING A TENTATIVE MILLAGE RATE IS THAT THE PROPERTY APPRAISER HAS NOT YET BEEN ABLE TO TELL WHAT THE VALUE OF THE 1980 TAX ROLL WILL BE IN ORDER TO OBTAIN AN ACCURATE MILLAGE RATE. THERE ARE FIGURES THAT CAN BE USED, BUT WHATEVER MILLAGE RATE IS SET AT THIS MEETING WILL MOST LIKELY BE CHANGED AT THE FIRST OFFICIAL BUDGET HEARING, WHICH IS SCHEDULED FOR SEPTEMBER 22. LEGISLATIVE DEPARTMENT- PROPOSED BUDGET $35,183. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN OBERBECK, TO ADOPT THE BUDGET FOR THE LEGISLATIVE DEPARTMENT WITH THE EXCEPTION THAT THE SALARIES OF THE MAYOR, THE VICE MAYOR AND THE CITY COUNCIL, WILL REMAIN THE SAME AS THEY WERE IN THE FISCAL YEAR 1979-80.