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Home My WebLink About09151993 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, SEPTEMBER 15, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PURPOSE: 1) TO COI~DUCT A I~IBLIC HEARING IN ACCORDAI~CE WITH 180.301 FS ~IS~IO~ OF ~ ~~ D~~ ~~~C~ 3) ~I~ 8/18/93 ~I0~ 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC HE~ING 93.263 Ascertain Whether GDU Water and Sewer Facility Acquisition is in the Public Interest - In Accordance with 180.301 FS (FS 180.301) 5. OTHER SPECIAL MEETING ITEMS 93.234 Robert McClary Settlement Agreement (Backup to Follow) 93.183 B. Ratify 8/18/93 Special Meeting Motion Re: GDU Rate Increase Extension (City Clerk Transmittal dated 9/9/93 w/ attachment) 6. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER 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.) 2 PUBLIC HEARING SIGN-UP SHEET SEPTEMBER 15, 1993 SPECIAL MEETING PUBLIC HEARING IN ACCORDANCE WITH 180.301 FS TO ASCERTAIN WHETHER ACQUISITION OF THE GENERAL DEVELOPMENT UTILITIES, INC. WATER AND SEWER FACILITY IS IN THE PUBLIC INTEREST Use t. his~r.m O~LF for public input on the above referenced public h~faring item NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: ~AME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME.: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAM]~: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNF~DAY, SEFrEMBER 15, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PURPOSE: Mayor Powell called the Special Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran city Attorney, Charles Nash Finance Director, Marilyn Swichkow Utilities Director, Richard Votapka Deputy city Clerk, Sally Maio Special City Council Meeting September 15, 1993 Page Two 4. PUBLIC HEARING 93.263 A. Ascertain Whether ~QU Water and Sewer Facility Acquisition is in the ~ublic Interest = In Accordance with ~80.301 FS ..(FS 180.301) Mayor Powell opened the public hearing at 7:03 p.m. Mrs. Corum proposed an agenda modification to allow people to sign up subsequent to hearing the proposal for purchase. The City Attorney said there will be a public hearing next Wednesday on a proposed agreement if the city finds the purchase in the public interest. The Finance Director said the intent of this hearing is to follow FS 180.301 (see attached), to hear a presentation by Hartman and Cloud, take public input and then state city Council's intent in regard to the purchase. Harold Schmidt, Hartman & Associates, Inc. reiterated the consultants' recommendations on each of the eleven criteria as required by 180.301 FS and as presented in the Hartman and Associates, Inc. Public Briefing Document. Joseph Scarpa, 124 Englar Drive, Sebastian; Ed Miquelon, Sebastian; Tom Collins, 9301 A1A, Suite 4, Vero Beach; A1 Vilardi, 445 Georgia Boulevard, Sebastian; Clay Price, 12430 Roseland Road, Roseland, addressed City Council. Harold Schmidt, Hartman & Associates, responded to public concerns relative to the purchase price and gave a brief negotiation history. TAPE I - SIDE II (7:50 p.m.) The Finance Director and Utilities Director gave brief presentations relative to the acquisition. The Finance Director recommended that acquisition is in the best interest of the citizens of Sebastian. Mayor Powell closed the public hearing at 8:05 p.m., called recess and reconvened the meeting at 8:20 p.m. 2 Special City Council Meeting September 15, 1993 Page Three Each City Council member offered his/her recommendation on the proposed acquisition. Tom Cloud, Special Counsel, addressed City Council on a previous offer made by the city, accepted by GDU and then turned down. MOTION by Oberbeck/Corum I would move to authorize the Acting City Manager to notify GDU of the intent to purchase by the city of Sebastian the Sebastian water and sewer system currently owned by GDU but not pursuant to section 16 of the franchise agreements. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 5. OTHER SPECIAL MEETING ITEMS 93.234 Robert McClary Settlement Agreement (Backup to Follow) Robert McClary addressed City Council and stated, for the record, that it is in the best interest of all to proceed with the settlement agreement. TAPE II - SIDE I (8:54 p.m.) The City Attorney advised that a motion be made to reinstate Mr. McClary. MOTION by Oberbeck/Freeland I would move that we reinstate Mr. McClary and lift his suspension at this time. Mrs. Corum commended Mr. McClary for his accomplishments. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Special city Council Meeting September 15, 1993 Page Four 93.183 MOTION by Oberbeck/Corum I would move that we accept the resignation of Mr. Robb McClary as City Manager effective August 25th, and enter into the settlement agreement, authorize the Acting City Manager, Attorney and Finance to enter into the settlement agreement. The Acting city Manager noted that the agreement is as presented to City Council with paragraphs 11 and 12 stricken. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 The Finance Director requested that the proposed purchase of the Julian property be added to this agenda. MOTION by Oberbeck/Corum i would move that we add the item as presented by the city Finance Manager to the agenda as item 5 C. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Be Ratify 8/18/93 Special Meetinq Motion Re: GDU Rate Increase Extension (City Clerk Transmittal dated 9/9/93 w! attachment) MOTION by corum/Oberbeck I make a motion that council closes this public hearing for thirty days and then come back and deliberate and make a decision and then set it for September 1, 1993. 4 Special City Council Meeting September 15, 1993 Page Five ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Discussion on methods to recruit management was scheduled for the October workshop. 93.261 C. Julian Property The city Attorney reported on the directive from First Union Bank that it needs a definitive agreement with the city by September 28, 1993 or it will proceed with foreclosure and requested direction from City Council. city Council discussion followed. MOTION by Oberbeck/Corum I would move that we authorize staff to continue negotiations with First Union Bank with regard to the Julian property. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - nay MOTION CARRIED 4-1 (Powell - nay) Mayor Powell adjourned the Special Meeting at 9:20 p.m. Approved at the ~~ o$ /~ , 1993, City Council ~~~' )' Meeting. ~ _ ~ ~ Kathry~ M. O Halloran, CMC/AAE City Clerk