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HomeMy WebLinkAbout11201996 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, NOVEMBER 20, 1996 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No pubBc input is allowed at a Workshop, unless approved by a majority vote of City Council at the beginning of the Workshop. Substantive decisions may not be made at Workshops (in accordance with R-96-53). 2. 3. 4. 96.112 5. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL WOIIJ{SHOP ITEMS A. Review Proposed Stormwater Ordinance ADJOURN (Workshops 'shouM not exceed one hour in duration,) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR ItEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WitlCtt RECORD INCLUDES TIlE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. O105 F.S.) IN COMPLIANCE WITtl TIlE 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. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 58975330 [] FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, NOVEMBER 20, 1996 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless approved by a majority vote of City Council at the beginning of the Workshop. Substantive decisions may not be made at Workshops (in accordance with R-96-53). 1. Mayor Cartwright called the workshop to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. I~OLI~ CALL City Council Pre~ent: Mayor Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka Staff.Present: City Manager, Thomas Frame City Attorney, Valerie Settles Director of Community Development Bob Massarelli Public Works Director, Richard Votapka Finance Director, Joel Haniford Deputy City Clerk, Sally Maio Administrative Secretary, Joanne Sandberg City Council Absetll[: Vice Mayor Walter Barnes (excused) ity Council Workshop ovember 20, 1996 Page Two 4. WORKSHOP ITEMS 96.112 A. Review Proposed Stormwater Ordinance MOTION by Cartwright/Damp I'd like to make a motion to allow public input after the presentation and Council discussion of the matter. ROLL CALL: Mr. Barnes - absent Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 4-0 The City Manager recommended that the first reading of the proposed stormwater utility ordinance be withdrawn from the regular agenda, explaining that he was requesting City Council to go in a different direction and consider a procedure under F.S. 197.3632, allowing municipalities to use a uniform method of collecting non-ad valorem assessments for stormwater management and road projects. He explained the differences between a utility and non-advalorem assessments, whereby each property owner rather than just owners of improved properties will pay an equal share. He went on to explain required procedures, whereby a public hearing could be conducted and a resolution adopted on December 18, 1996 following proper notice which would state the City's intent to elect to use the method prescribed in F.S. 197. He stated that this resolution will not impose any assessment at this time but that assessments can be imposed next year possibly between June and September following proper notice to each property owner and required public hearing and that a comprehensive ordinance could be drafted prior to March 1. In closing, the City Manager presented identified basin districts, i.e., airport, old Sebastian/ Riverfront and Highlands; and finally requested that Council withdraw the first reading of proposed Ordinance No. 0-96-33, give him authority to proceed to advertise the December 18, 1996 public hearing in accordance with F.S. 197 and that he will proceed with the development of a comprehensive street and drainage improvement and maintenance ordinance utilizing non-ad valorem assessments. The Finance Director said reduction in ad valorem taxes and accomplishment of pending projects are advantages of the recommended assessment. [City Council Workshop November 20, 1996 Page Three The City Manager said there was a possibility that the millage rate could be reduced as a result of this assessment. John Hill, Craven Thompson and Associates, stated that public participation is a plus with this method. The City Attorney added that in accordance with F.S. 197 there is a requirement for consent and recommended that authorization for the Mayor to sign a consent agreement with Indian River County to hold public hearings be added to the following regular agenda. The City Manager said he had received a verbal that the county has no objection. Harry Thomas, 654 Balboa Street, Sebastian, inquired what had happened to impact fees and taxes people have paid over the years and recommended accountability by the City staff. The City Manager said that no one knows the cost of assessments at this time. TAPE I - SIDE II (6:50 p.m.) Sal Neglia, 461 Georgia Boulevard, Sebastian, supported the City Manager's recommendation. Robert Pliska, 1590 DeWitt Lane, Sebastian, suggested the City set a policy to have projects completed professionally. Being no further business, Mayor Cartwright adjourned the workshop at 7:56 p.m. Approved atthe "~~z~ // ,1996, Regular City Council Meeting. ise R. Cartwright Mayor City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, NOVEMBER 20, 1996 - 7:00 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, SEBASTL4N, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-96-53) 2. 3. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-96-53) PROCLAMATI_ONS, ANNOUNCEMENTS AND/OR PRESENTATIONS CITY ATTORNEY MATTERS CITY MANAGER MATTERS 96.098 96.247 96.248 CONSENT AGENDA ,4ll items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item wi11 be removed and acted upon separately. A. Approval of Minutes - 11/13/96 Workshop, 11/13/96 Regular Bo Adopt Resolution No. R-96-89 - Option Agreement for Sale and Purchase of AGC Industrial Tract Scrub, Addendum I to Conceptual Approval Agreement, Grant Award Agreement and Purchaser's Reconciliation of Total Project Costs (Community Development Transmittal 11/14/96, R-96-89 w/Attached Agreements) RESOLUTiO~q NO. R-96-89 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO INITIAL CHANGES TO THE OPTION AGREEMENT FOR SALE AND PURCHASE FOR THE AGC INDUSTRIAL TRACT SCRUB; AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT, GRANT AWARD AGREEMENT, AND PURCHASER'S RECONCILIATION OF TOTAL PROJECT COSTS FOR THE PURCHASE OF THE AGC INDUSTRIAL TRACT SCRUB; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Authorize City Manager to Enter into Agreement with L.A.W. Publications - Printed Materials for Police Department Presentations - Anti-Drug/Crime Prevention/Crimes Against Elderly - Requires Letter of Introduction from Chief on Department Stationary (Chief White Transmittal 11/6/96) Thursday Nite Bridge - Small Christmas Party During Regular Bridge - 12/12/96 or 12/19/96 - A/B - DOB Verified (City Clerk Transmittal 11/15/96 96.137 96.127 10. PUBLIC HEARING Procedures for public hearings: (R-96-53) Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public Input - Limit of 10 Minutes Per Speaker Staff Summation Mayor Closes Hearing Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record Second Reading, Public Heating and FiIla! Agloption of Ordinance No. 0-96-31 - Mayoral Election - Proposed Charter R.¢¥i~iQn (0-96-31) ORDINANCE NO. 0-96-31 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF THE MAYOR AT A GENERAL ELECTION ON THE SECOND TUESDAY OF MARCH OF EVERY ODD NUMBERED YEAR; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS OF INDIAN RIVER COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-96-32 - Airport Lea~ - Forty Years - Proposed Charterl~?yil~ion (0-96-32) ORDINANCE NO. 0-96-32 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE I OF THE CITY CHARTER WHICH PROVIDES FOR AN INCREASE IN THE MAX]MUM ALLOWABLE TERM FOR LEASES OF AIRPORT PROPERTY, FROM TWENTY (20) YEARS TO FORTY (40) YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS OF INDIAN RIVER COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 11. 96.249 12. 13. 96.112 96.234 14. COMMITTEE REPORTS/RECOMMENDATIOIS$ A. Planning and Zqning Commission Interview - Recommendation to Reappoint Kelly Mather (Sole Applicant) to Three Year Term to Expire 11/1/99 (Community Development Transmittal 11/13/96, Mather Application, P & Z Memo 11/8/96) OLD BUSINES~ NEW B]JSINESS First Reading of Ordinance No. O-96-33 - Stormwater Utility - Set Public Hearing for 12/19/96 (Backup Forthcoming) ORDINANCE NOL 0-96-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW CHAPTER OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "STORMWATER UTILITY SYSTEM CODE"; PROVIDING DEFINITIONS; PROVIDING FINDINGS AND PURPOSE; PROVIDING FOR THE CREATION OF A CITY STORMWATER MANAGEMENT PROGRAM; CREATING STORMWATER MANAGEMENT SYSTEM BENEFIT AREAS; PROVIDING FOR THE IMPOSITION OF FEES; ESTABLISHING WITHIN THE CITY PROCEDURES FOR THE COLLECTION OF STORMWATER FEES; ESTABLISHING A STORMWATER UTILITY TRUST FUND; PROVIDING A PROCEDURE FOR APPEAL; PROVIDING AN EXEMPTION FOR GOVERNMENTAL AGENCIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Compensation to Golf Professionals for Golf Lessons at Sebastian Municipal Golf Course (City Manager Transmittal 11/14/96, Compilation of Hours and Lesson Revenues) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 4 15. 16. CITY COUNCIL MATTERS A. Mr. Raymond Halloran B. Mr. Richard Taracka C. Mayor Louise Cartwright D. Vice Mayor Walter Barnes E. Mrs. Norma Damp ADJOURN (AIl meetings beginning at 6:00 p.m. shall adjourn at 9:30 p.m. unless extended for one half hour by a majority vote of City Council. AIl meetings beginning at 7:00p. m. shall adjourn at lO:30 p. m. unless extended for one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY b~A~TTER CONSIDERED AT THIS MEET1NG (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND Y NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD 1NCLUDES 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. Upcoming Meetings: Regular Meeting - Wednesday, December 11, 1996 ~ 6pm Regular Meeting- Wednesday, December 18, 1996 ~ 6pm PUBLIC INPUT ON AGENDA iTEMS SJGN-UP SHEET NOVEMBER 20, 1996 REGULAR MEETING USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT FOR PUBLIC HEARINGS WHICH HAVE THEIR OWN SHEETS-TIME LIMIT OF I0 MINUTES PER SPF_~4KER Name: Address: Agenda Item No. and Title: Name: Address: Agenda item No. and Title: Name: Address: Agenda Item No. and Title: Address: Agenda Item No. and Title: PUBLIC HEARING SIGN-UP SHEET NOVEMBER 20, 1996 REGULAR MEETING 96.137 A. Second Reading, Public Hearing and Final Adoption of Ordinance N9,_0-96- 31 - Mayoral Election - Proposed Charter Revision (0-96-31) ORDINANCE NO. 0-96-31 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF THE MAYOR AT A GENERAL ELECTION ON THE SECOND TUESDAY OF MARCH OF EVERY ODD NUMBERED YEAR; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS OF INDIAN RIVER COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. t/Address For ~ Information ddress For Again~t~, Information Against Information PUBLIC HEARING SIGN-UP SHEET NOVEMBER 20, 1996 REGULAR MEETING 96.127 B. Second Reading, Public Hearing and Firlal Adoption of Ordinance No. 0-96- 32 - Airport Leases - Forty Years - Proposed Charter Revision (0-96-32) ORDINANCE NO. 0-96-32 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE I OF THE CITY CHARTER WHICH PROVIDES FOR AN INCREASE IN THE MAXIMUM ALLOWABLE TERM FOR LEASES OF AIRPORT PROPERTY, FROM TWENTY (20) YEARS TO FORTY (40) YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS OF INDIAN RIVER COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Name Address For Against Information Name Address For Against Information Name Address For Against Information INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET NOVEMBER 20, 1996 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER N2me~ Address: Subject: Name: Address: Subject: Sallle~ Address: Subject: City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 20, 1996 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Cartwright called the Regular Meeting to order at 7:05 p.m. The Pledge of Allegiance was recited. Invocation was given by Chaplain Frank Camillo. ROLL CALL City C,.ouncil Present: Mayor Louise Cartwfight Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka StaffPresent: City Manager, Thomas Frame City Attorney, Valerie Settles Director of Community Development Bob Massarelli Chief of Police, Randy White Deputy City Clerk, Sally Maio Administrative Secretary, Joanne Sandberg City Cou0cil Absent: Vice Mayor Walter Barnes (excused) Regular City Council Meeting ovember 20, 1996 Page Two AGENDA MODIFICATIONS {.ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-96-53) MOTION by Cartwright/Halloran "I move to pull item 13A New Business and add item 13C". Mayor Cartwright then asked the City Manager what action he was seeking. The City Manager requested "to allow us to proceed with the public hearing for a resolution to allow the uniform collection method and also to allow the Mayor to execute an agreement between the tax collector and the property appraiser on behalf of the City". Cartwright/Halloran - "So moved." ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwfight - aye Mr. Barnes - absent MOTION CARRIED 4-0 PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS None. CITY ATTORNEY MATTERS None. CITY MAN.~GER MATTERS The City Manager reported on correspondence from Dan Chastain, IRC Utilities, regarding the Louisiana water assessment program which will have a public hearing before Indian River County Commission on November 26, 1996. Regular City Council Meeting November 20, 1996 Page Three 96.098 96.247 96.248 CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 11/13/96 Workshop, 11/13/96 Regular Adopt Resolution No. R-96-89 - Option Agreement for Sale and Purchase of AGC Industrial Tract Scrub, Addendum I to Conceptual Approval Agreement, Grant Award Agreement and Purchaser's Reconciliation of Total Project Costs (Community Development Transmittal 11/14/96, R-96-89 w/Attached Agreements) RESOLUTION NO. R-96-89 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO INITIAL CHANGES TO THE OPTION AGREEMENT FOR SALE AND PURCHASE FOR TIlE AGC INDUSTRIAL TRACT SCRUB; AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT, GRANT AWARD AGREEMENT, AND PURCHASER'S RECONCILIATION OF TOTAL PROJECT COSTS FOR THE PURCHASE OF THE AC.dE INDUSTRIAL TRACT SCRUB; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Authorize City Manager to Enter into Agreement with L.A.W. Publications - Printed Materials for Police Department Presentations - Anti-Drug/Crime Prevention/Crimes Against Elderly - Requires Letter of Introduction from Chief on Department Stationary (Chief White Transmittal 11/6/96) Thursday Nite Bridge - Small Christmas Party During Regular Bridge - 12/12/96 or 12/19/96 - AfB - DOB Verified (City Clerk Transmittal 11/15/96 The City Manager read the consent agenda and the City Attorney read Resolution No. R-96-89 by title. He noted that the use in item D is at the Yacht Club. Mayor Cartwright requested removal of item C to allow the Chief to make a presentation. ORegular City Council Meeting November 20, 1996 Page Four MOTION by Taracka/Halloran I move to approve items A, B and D of the consent agenda. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - absent Mrs. Damp - aye MOTION CARRIED 4-O Item C - L~,W. Publication~ The Chief of Police gave a brief presentation on the anti-crime program. MOTION by Cartwright/Halloran I move to approve item C of the consent agenda. ROLL CALL: Mr. Taracka Mrs. Cartwfight Mr. Barnes Mrs. Damp Mr. Halloran - absent - aye - aye MOTION CARRIED 4-0 Regular City Council Meeting November 20, 1996 Page Five 10. PUBLIC HEARING Procedures for public hearings: (R-96-53) · Mayor Opens Hearing Attorney Reads Ordinance or Resolution · Staff Presentation ° Public Input - Limit of 10 Minutes Per Speaker ° Staff Summation ° Mayor Closes Hearing ° Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record 96.137 Second Reading, Public Hearing and Final Adoption of Ordinance bio, 0-96-31 - Mayoral Elecli9rl - Proposed Charter Revision (0-96-3 D ORDINANCE NO. 0-96-31 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF THE MAYOR AT A GENERAL ELECTION ON THE SECOND TUESDAY OF MARCH OF EVERY ODD NUMBERED YEAR; PROVIDING FOR TIlE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS OF INDIAN RIVER COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Cartwright opened the public hearing at 7:20 p.m., and the City Attorney read Ordinance No. 0-96-31 by title only. The City Manager gave a brief explanation. Regular City Council Meeting November 20, 1996 Page Six Frank Oberbeck, 601 Layport Drive, Sebastian, President of Aware Citizens and Taxpayers questioned why the Mayor election is being delayed until 1999 and recommended it begin in 1998. Tut Connolly, 149 Kildare Drive, Sebastian, said he does not understand the need for the change in the procedure for election of the Mayor by the people in a City Manager/Council form of government. Sal Neglia, 461 Georgia Boulevard, Sebastian, spoke in favor of the people electing the Mayor, but objected to the ordinance as it now reads to begin in 1999 and questioned its logic. Harry Thomas, 654 Balboa Street, Sebastian, suggested that the charter be changed to eliminate reference to "Mayor" and add "Chairperson", and to reinforce the City Manager position and have it removed fi.om serving at the pleasure of the City Council. Mayor Cartwright closed the public hearing at 7:27 p.m. Mr. Halloran said he preferred the Mayor elected by the Council, but would be willing to let the people decide; Mr. Taracka said many people said they would like to see the Mayor elected and the election to begin in 1998 rather than 1999; Mayor Cartwfight said she was opposed to this ordinance and had been supportive of election by Council since 1993; and Mrs. Damp said she received comments to leave the election as is. MOTION by Damp/Cartwright I move that we pull this ordinance 0-96-31 and not have it on the ballot. The City Attorney said Council could change the date in the ordinance and this could be a first reading. Mr. Taracka said he had received input on changing the name "Mayor" to "Chairperson". ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - absent Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 4-0 6 Regular City Council Meeting November 20, 1996 Page Seven 96.127 B. Secolld Reading, Public HeariRg atld Final Adoptioll of Ordinance No. 0-96-32 - Airport Leases - Forty Years - Proposed Charter Revision (O-96.-32) ORDINANCE NO. 0-96-32 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE I OF THE CITY CHARTER WHICH PROVIDES FOR AN INCREASE IN THE MAXIMUM ALLOWABLE TERM FOR LEASES OF AIRPORT PROPERTY, FROM TWENTY (20) YEARS TO FORTY (40) YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS OF INDIAN RIVER COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Cartwright opened the public hearing at 7:35 p.m., and the City Attorney read Ordinance No. 0-96-32 by title only. The City Manager gave a brief presentation and recommended approval. Mayor Cartwright closed the public hearing at 7:40 p.m. MOTION by Halloran/Taracka I move to approve the second hearing (reading) and final adoption of Ordinance No. 0-96-32. ROLL CALL: Mr. Barnes - absent Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 4-0 7 Regular City Council Meeting November 20, 1996 Page Eight 11. COMMITTEE I~EPORTSfRECOMMENDATIONS A. Planning and Zotling Commission 96.249 I. Interview - Reconlglendation to Reaopoinl Kelly Mather Oole Applicant) to Thre~ Year Term to Expire 11/1/99 (CommuniW Development Transmittal 11/13/96, Mather Application, P & Z Memo 11/8/96) City Council interviewed Kelly Mather. MOTION by Darnp/Taracka I move to approve reappointment of Kelly Mather to the Planning and Zoning Commission to three year term to expire 11/1/99. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - absent MOTION CARRIED 4-0 12.. OLD BUSINESS None. 96.112 13. NEW BUSINESS A. First Reading of Ordinance No. O-96-33 - Stormwater Utility - Set Public H~aring for 12/19/96 (Backup Forthcoming) This item had been withdrawn during agenda modifications. Regular City Council Meeting November 20, 1996 Page Nine 96.234 B. Coi~pensation to Golf Professionals for Golf Lessons at S~ba~tian Municipal Golf Course (City Man~ger Trall~l~fittal 11/14/96, Compilatio/1 of Hours and Lesson Reyenues) The City Manager reiterated his recommendation to compensate the golf professionals for golf lessons in a 55 (City)/45 (Professionals) split. Chuck Neuberger, 357 Melrose Lane, Sebastian TAPE II - SIDE I (7:47 p.m.) recommended an increase in the golf professionals' salaries. The City Manager said he could not discuss salaries at this time but it would be fair to set up an incentive program. MOTION by Damp/Cartwright I move to approve the City Manager's recommendation with the change to the 45/55 salary less the taxes for social security. The City Manager said what he recommended was a "55/45 less the salary and the federal taxes". ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - absent Mrs. Damp - aye MOTION CAKKIED 4-0 The City Manager said he would discuss the salary issue with the new Human Resources Director during his review of other salaries. Regular City Council Meeting November 20, 1996 Page Ten 14. C. Uniform Method of Collection of Non-Advalorem Assessments The City Manager requested Council to "authorize the staffto set a public hearing for December 18 and advertise once weekly for the next four weeks in advance of that public heating for the adoption of a resolution which in essence would allow us to use the uniform method of collecting non-advalorem special assessments and we'd also ask authorization for the Mayor to execute an agreement between the City, the Tax Collector and the Property Appraiser which would allow that program to develop". MOTION by Cartwright/Halloran So moved. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - absent Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 4-0 INTRODUCTION OF NEW BUSINESS EROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker Herbert Sturm, 549 Saunders Street, Sebastian, distributed a code enforcement order and stated, in his opinion, the order is illegal as are other orders; expressed concern for the lack of a contract for the Code Enforcement Attorney, suggested a replacement be sought and asked Council to direct the City Attorney to look into actions of the Code Enforcement attorney. The City Attorney said it was inappropriate for Mr. Sturm to ask her to investigate the conduct of the Code Enforcement, rather, if City Council wanted an investigation, independent outside counsel should be sought for that purpose. She advised that the code be changed to have the City Attorney be the Code Enforcement counsel or that other counsel be sought. Mayor CartwTight said she believed that direction to draft an ordinance switching the roles of the attorneys had already been given. The City Attorney said she would draft an ordinance. 10 Regular City Council Meeting November 20, 1996 Page Eleven Tut Connolly, 149 Kildare Drive, Sebastian, objected to the City leasing the old utility building to the Sebastian River Area Historical Society with housing for the Chamber of Commerce at public expense; asked what happened to the old freight station building; and asked whether the use of non-advalorem taxes would reduce his tax dollars or the tax rate. The City Manager said if his property value increased, Mr. Connolly may pay more in tax dollars even if the tax rate was reduced. Mr. Connolly said he had requested from the City Manager the number of people paying the public utility tax and asked that it be rescinded. Discussion of the public utility tax took place. The City Manager said a 10 % utility tax is allowed under state law, however, in the City it is capped at $2.50. He said it goes into the general fund. and that at some time in the future he would like to have the City Attorney look into the legality of the imposed cap. 15. CIT~ COUNCIL M~ITI~RS A. Mr. Raymond Halloran Mr. Halloran read from a Today article regarding the Sebastian Historical Society and people giving back to the community. B. Mr. Richard Tarackl~ None. C. Mayor Louise Cartwright Mayor Cartwright said she would not be in city hall tomorrow; announced the Santa Sail- In, Light Up Night, Winter Wonderland and encouraged participation; and wished everyone a happy Thanksgiving. D. Vice Mayor Walter Barnes Absent. 11 Regular City Council Meeting November 20, 1996 Page Twelve E. Mrs. Norma Damp Mrs. Damp announced a city employee appreciation night on December 20, 1996 sponsored by the Chamber of Commerce at Riverview Park. 16. Being no further business, Mayor Cartwright adjourned the Regular Meeting at 8:25 p.m. Approved atthe ~/~?.~r.47~,~/~V~)// 996, Regular City Council Meeting. Kathry~, M. O'Halloran, CMC/AAE City Clerk L6uise R. Cartwright ,~a Mayor 12