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HomeMy WebLinkAbout09211988 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, SEPTEMBER 21, 1988 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PUBLIC HEARING 1988/89 FISCAL YEAR BUDGET & DISCUSSION ON ORDINANCE NO. 0-88-27 - SANDMINiNG Mayor Votapka called the special meeting to order at 7:00 P.M. 2. The City Clerk led the Pledge of Allegiance. 3. ROLL CALL Present: Councilman George Metcalf Councilman Robert McCarthy Councilman Kenneth Roth Vice Mayor Vallone Mayor Richard Votapka Also Present: City Manager, Robert McClary City Attorney, Charles Nash Mayor Votapka stated the main purpose of the meeting was for second hearing and adoption of the 1988/89 fiscal year budget. 1 88.103 4. PUBLIC HEARING A. 1988/89 FISCAL YEAR BUDGET (2ND PUBLIC HEARING) 1. RESOLUTION NO. R-88-60 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE LEVY OF AD VALOREM TAXES FOR THE CALENDAR YEAR 1988 Attorney Nash read Resolution No. R-88-60 for the second time by title only. Mayor Votapka opened the public hearing at 7:03 P.M. The City Manager opened with a brief synopsis of the budget schedule and by noting that this was the time to hear from the public. There was no input from the public. Mayor Votapka closed the public hearing at 7:05 P.M. 2. RESOLUTION NO. R-88-61 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING THE NEW ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988, AND ENDING SEPTEMBER 30, 1989; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1989; SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO AMEND THE SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1988; AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY. Attorney Nash read Resolution No. R-88-61 for the second time by title only. Mayor Votapka opened the public hearing at 7:07 P.M. Robert McCollum said there should have been a meeting to read the entire budget to the public, there should not be two raises per year for union employees, the $177,287 should have been put into a contingency fund instead of spending it, and objected to line items regarding medical supplies and coffee, meetings and seminars, travel and per diem and health insurance. Mayor Votapka said the public had access to the budget and that workshops were open to the public and gave a brief explanation of the line item costs as stated by Mr. McCollum. Attorney Nash encouraged City Council to attend seminars for updates on new laws. Theresa Hardy stated her objection to the 1988/89 fiscal year budget, specifically the change in format, the hiring of a City Planner, Community Development Department and department head raises. She presented a petition of objection which she stated contained 130 signatures to the City Clerk. Mayor Votapka responded to Ms. Hardy's concerns. He said he supported the new format due to easier analyzation, the City Planner for help with daily planning activities and department head raises. Randy Snyder objected to there being no funds in the budget for youth recreation except for the $21,000 set aside for Barber Street Sports complex carried over from the existing fiscal year budget. He said funds were to have been set aside each year under the five year plan. Donato DiRobertis, 550 Michael Street, supported the budget and recommended that the public give the City Manager a chance to show what he can do in the coming year. Louis Priore, Mango Avenue, said he had lived in Sebastian eleven years and had yet to see any improvements in streets and drainage although taxes had steadily increased. He recommended that employees contribute to their health insurance costs. Daryl Baird, 321 Browning Terrace, compared Sebastian to Coral Springs taxes which he said were 106% higher in Sebastian. He recommended the city seek other sources of revenues. Jo Kelly, stated her support for the budget. She noted that Westinghouse owned Coral Ridge Properties in Coral Springs and several other corporations were located there and said revenue sources for the two cities cannot be compared. 3 Nathan McCollum pointed out that during campaign time streets and drainage were addressed and nothing had been done thus far to attract light industry. He said an increase in taxes would keep out industry. Robert McCollum said he previously had not criticized or condoned the line items he had cited but only pointed out areas where money can be saved. A gentleman (name inaudible) questioned the mill rate being dropped from the title of Resolution No. R-88-60. He was told that the mill rate was 6.644. Louis Priore asked that the public give the City Manager a chance. Mayor Votapka closed the public hearing at 7:56 P.M. Mayor Votapka read Resolution No. R-88-60 by title only. MOTION by Roth/Metcalf i move we adopt Resolution No. R-88-60 as read by title only. Vice Mayor Vallone said he would not support this resolution since he said he felt there was no reason to increase taxes and questioned how money is spent on administration, performance of department heads, hiring of a City Planner and the lack of funds for street and drainage. He said he supported the City Manager but would not support this budget. Councilman Metcalf said he supported the budget. Councilman McCarthy stated his confusion with the public message that services were needed but people did not want to pay for them. He said he supported this resolution. Councilman Roth noted that there was only a forty one cent increase in taxes over the past four years and that this budget was a well prepared statement. Mayor Votapka said he would support this resolution and noted that the millage rate had decreased by one half from the original proposed one mill increase. The City Clerk restated the motion. 4 ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Nay Mayor Votapka - Aye MOTION CARRIED. Mayor Votapka read Resolution No. R-88-61 by title only. MOTION by Roth/Metcalf I move we adopt Resolution NO. R-88-61 as read by title only. Mayor Votapka requested that three items that had not been addressed be added to this budget as follows: 1) the allocation of funds for an annual banquet for city board members; the placement of $59,000 in the budget for airport runway overlay engineering services and lighting for runway 4-22; and the placement of $?500 in the budget for animal control as a contribution to Indian River County. Mayor Votapka said a reduction of $2190 had been made in City Manager budget line item 2010 which could cover the annual banquet. The City Manager said this could come from unappropriated reserves. Vice Mayor Vallone said he would like to discuss the City Planner, department head raises and streets and drainage. Mayor Votapka responded that those items had been discussed and acted upon at budget workshops. MOTION by Roth I move we amend the budget to allocate $2200 from unappropriated funds for the annual banquet for the recognition of city board members. MOTION died for lack of a second. Mayor Votapka read the memo from the Airport Advisory Board recommending the budgeting of $59,000 in the budget for engineering services for runway overlay and lighting for runway 4-22 in line item 3130 90% of which would be funded by the FDOT and 10% which would be funded by the city for a total of $5900. After some question as to whether the budget could be amended and approved at this meeting without readvertising, Attorney Nash said Council could amend a tentative budget and adopt it at this meeting without readvertising as long as the millage rate is not increased. He cited Florida Statutes Section 200.065 5 subsection (d). MOTION by Metcalf I move we amend the budget to allocate 859,000 in line item 3130 for engineering services for runway overlay and lighting for runway 4-22. MOTION died for lack of a second. MOTION by Metcalf I move we amend the budget to allocate $7500 for contribution to Indian River County for north county animal control. MOTION died for lack of a second. Councilman McCarthy said he had questions that remained unanswered on certain line items. Discussion took place on the increase in Attorney fees to $42,000. Councilman McCarthy said it would be to the city's advantage to look into a full time attorney. Mayor Votapka responded that this was a point well taken and that it could be addressed during the next budget. Discussion took place on the Police Department line item 4700 for police manuals. When questioned by Councilman McCarthy as to the receipt of a report on police education from Chief Carter, the City Manager responded that he had not received it. The City Clerk restated the motion and read the title of Resolution No. R-88-61. ROLL CALL: Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Nay Mayor Votapka - Aye Councilman McCarthy - Nay MOTION CARRIED. Mayor Votapka called recess at 8:50 P.M. and reconvened the meeting at 9:00 P.M. Ail members present at recess were present at recall. 6 88.022 5. ORDINANCE NO. 0-88-27 - Sandmining AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING SECTION 20A-5.19, SAND MINING: SPECIAL USE PERMIT REQUIRED, OF THE LAND DEVELOPMENT CODE; CREATING A NEW. SECTION 20A-5.19, EXCAVATION AND FILL, PURPOSE: CREATING A NEW SECTION 20A- 5.20, DEFINITIONS; CREATING A NEW SECTION 20A-5.21, PROHIBITED ACTIVITY WITH REGARD TO EXCAVATING, FILLING, OR MINING REAL PROPERTY; CREATING A NEW SECTION 20A-5.22 PROVIDING EXEMPTIONS FROM PERMITTING REQUIREMENTS RELATED TO EXCAVATING, FILLING, OR MINING REAL PROPERTY; RESERVING SECTIONS 20A-5.23 THROUGH 20A-5.27 FOR FUTURE USE; CREATING A NEW SECTION 20A-5.28, PROMULGATING FILL PERMIT REGULATIONS; CREATING A NEW SECTION 20A-5.29, WATER MANAGEMENT STANDARDS; CREATING A NEW SECTION 20A- 5.30, PROMULGATING MINING PERMIT REGULATIONS'; RESERVING SECTIONS 20A-5.31 THROUGH 20A-5.34 FOR FUTURE USE; CREATING A NEW SECTION 20A-5.35 REGARDING THE USE OF PUBLIC AND PRIVATE ROADS IN CONJUNCTION WITH EXCAVATING, FILLING, OR MINING OF REAL PROPERTY; CREATING A NEW SECTION 20A-5.36, PROMULGATING STANDARDS FOR THE DURATION AND COMPLETION OF PERMITS; CREATING A NEW SECTION 20A- 5.37, PROVIDING A PROCEDURE FOR iNSPECTION AND REVOCATION OF PERMITS; RESERVING SECTIONS 20A-5.38 THROUGH 20A-5.42 FOR FUTURE USE, CREATING A NEW SECTION 20A-5.43, PROVIDING FOR MINING PERMIT FEES; CREATING A NEW SECTION 20A-5.44, PROVIDING A PROCEDURE FOR APPEALS; CREATING A NEW SECTION 20A-5.45, ESTABLISHING VIOLATIONS AND PENALTIES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Votapka said this agenda item was a result of lack of time for review for the September 7, 1988 workshop meeting. Councilman Metcalf said this ordinance was a team effort of the county sandmining ordinance, the Mayor's amendments to it, and Attorney Nash's input which are in line with 163 Florida Statutes. MOTION by McCarthy I move we adopt the Indian River County sandmining ordinance as adopted~m~n~. MOTION died for lack of a second. Discussion took place on the inclusion of fill in the city ordinance that does not appear in the county ordinance. Attorney Nash said the ordinance as presented was a result of the version of the county ordinance presented by Councilman Metcalf with changes made in accordance with the Mayor's comments and the other corresponding sections contained in the Code of Ordinances relating to this type of ordinance. Discussion took place on page 10, Section 20A-5.30 (c)(4), Conditions of Mining Permit Councilman McCarthy questioned the City Attorney that if Council adopts this ordinance, elevation footage is limited and a hardship is placed on the owner of a current sandmine operation would the city be responsible for reimbursement to him for monetary losses. The City Attorney said he had no answer this evening but that it was his understanding that there is no current permittee existing under the current Sebastian sandmining ordinance, since the permit recently granted to an entity that had recently annexed land into the city that had never been rezoned was still under the auspices of the county land use regulations until such time as the property is rezoned. After discussion took place on page 10, Section 20A-5.30 (C)(4), Conditions of Mining Permit, advice from the City Attorney was given regarding this matter, and concurrence of the Building Official, it was amended as a result of a unanimous consensus poll to read as Indian River County Ordinance No. 88-21 reads in its section (6)(c)(4). Mayor Votapka instructed the Building Official and City Attorney to look into language on small ponds which is currently in the county sandmining ordinance but not covered by the city ordinance. The City Attorney said he felt that this item would come under Section 20A-5.22 (f) The Building Official said he felt it would be advisable to be more specific. The Building Official said Type A screening verbiage needs to be added. After some discussion on the matter, the Building Official was instructed to contact the County Official responsible and inquire why the single family fill permit provision and other provisions regarding fill permits were taken out of the adopted County ordinance. Mayor Votapka instructed Attorney Nash to check into the difference in the city (page 8, item (e) one foot vertical to four feet horizontal) and county ordinances (one foot vertical to four foot horizontal) 8 regarding the slope of the littoral zone. He also said that in the same section the square footage should read fifteen feet instead of eighteen. Jim Gallagher said Bob Keating was the County official whom the Building Official should contact. Mayor Harris instructed the Building Official to contact Mr. Keating in writing and further discussion of Ordinance No. 0-88-27 was scheduled for the October 5, 1988 workshop. MOTION by Roth/Vallone I move we adjourn the meeting. VOICE VOTE on the motion carried 5-0. Mayor Votapka adjourned the meeting at 9:55 P.M. ADOPTED AT THE OCTOBER 12, 1988, REGULAR CITY COUNCIL MEETING. RICHARD B. VOTAPKA, MAYOR 9