HomeMy WebLinkAbout08111999 SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, AUGUST 11, 1999 - 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
Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -
limit often minutes per speaker (R-99-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Pastor Frank Camillo - Police Chaplain and First Baptist Church
4. ROLL CAL[~
5. AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIO2qS)
Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21)
6. PROCI~AMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
99.105 A. State Representative Charles Sembler - Presentation of Florida Recreation Development Assistance
Program Ceremonial Grant Check
99.158 B. Team Player Awards to City Staff Member Volunteers - 4th of July Float
7. CiTY ATTORNEY MATT!~RS
8. CiTY MANAGER MATTERS
99.159 A. Report on Indian River County Census 2000 Community Action Committee (Ginn Letter 7/22/99)
99.160 B. Discussion of Section 10 of City Resolution No. R-99-21 - Verbatim Transcripts of City Council
Meetings
9. CITY CLERK MATTERS
10. CITY CO..UNCIL MATTERS
99.159
99.161
99.162
99.163/
99.164
99.143
99.135
11.
Mayor Wininger
1. City Representative to Indian River County Census 2000 Community Action Committee
(Ginn Letter 7/22/99)
C. Vice Mayor Neuberger
D. Mr. Barczyk
E. Mr. Bishop
CONSENT AGENDA
~111 items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
consent agmda items unless a member of CiO' Council so requests; in which event, the item will be removed and acted upon separate~.
A. Approval of Minutes - 7/21/99 Workshop, 7/23/99 Regular, 8/4/99 Budget Workshop
Resolution No. R-99-43 - Support for Indian River Lagoon Scenic Highways Program (City Clerk
Transmittal 8/4/99, R-99-43)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING DESIGNATION
OF INDIAN RiVER LAGOON SCENIC HIGHWAY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE
DATE.
Co
Resolution No. R-99-44 - Vacation of Easement - Gonsior - Lot 2, Block 4, Sebastian
Highlands Unit 1 (Growth Management Transmittal 8/3/99, R-99-44, Application, Site Map, Staff
Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF
CERTAIN EASEMENT OVER LOT 2, BLOCK 4, SEBASTIAN HIGHLANDS, UNIT 1; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR ICg. CORDING; PROVIDING FOR EFFECTIVE DATE.
Resolution No. R-99-45 - Final Plat - Fischer Lake Island Subdivision - Phase Two (Transmittal old
8/4/99, R-99-45, Final Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL
PLAT FOR A SUBDIVISION KNOWN AS HSCHER LAKE ISLAND PHASE ri; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR EFFECTIVE DATE.
Prior Approval for Councilmember Neuberger to Attend Florida League of Cities Conference -
Orlando - August 19-21, 1999 in Accordance with Section 2-34 Code of Ordinances and State
Limitations (City Clerk Transmittal 8/2/99, Conference Information)
Request for Community Center - Operation Hope-Mimstry of Freedom Christian Center, Inc. -
Fundraiser - 7/17/99 - 7:30 pm to Midnight - Use After 11 pm and Charging Admission Fee
Requires Council Approval - Security Deposit Paid - Forms Provided for Police Personnel (City
Clerk Transmittal 8/2/99, Application, Excerpt of R-98-43)
Approve Date Change for Chamber of Commerce Summer Concert in Riverview Park to August 28,
1999 and Authorize City Clerk to Coordinate Any Future Date Changes for Council Approved Uses
(City Clerk Transmittal 8/5/99, Chamber Letter)
99.146
99.155
99.105
99.165
99.166
99.145
12.
13.
14.
15.
16.
pUBLIC HEARING
Proc~dures for publw hearings: (R-99-21)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
StaffPresentatlon
Public Input - Limit often Minutes Per Speaker
StaffSummatlon
· Mayor Closes Hearing
· Council Action
Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record
Ao
Ordinance No. 0-99-05 - Elinli~lating $2.50 Cap on Uljlity Tax - Second Readirlg 0nd Public
Heating (City Attorney Tr~smittal 7/7/99, Propg~¢d 0-99-05)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REMOVING THE CAP ON
PUBLIC SERVICE TAX; PROVIDING FOR CONFLICTS; PROVIDINO FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE. (First Reading 7/14/99, Advertised 7/28/99, Public Heating & Adoption 8/11/99)
Ordinam;e No. 0-9%09 - Anlcnding Land Development Code to Allow RV S~rage in R-MH
District -First.Public Heating - Secoml public Heating is SchOoled for 8/25/99 (Ciw Attorney
Transmittal, O-99-09)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE BY CREATING SECTION 20A-3.7.G, COMlVlOlq VEHICULAR STORAOE AREAS WITI--IIN
THE R-MH ZONING DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (First Reading 7/28/99, Advertised Display 8/3/99, 1st Hearing 8/11/99, Will
Be Advertised 8/18/99, 2nd Hearing Scheduled for 8/25/99)
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up
required - limit often minutes for each speaker
~OMMITTEE REPORTS/RECOMMI~NDATIONS
OLD BUSINESS - None
NEW IIU~!NESS
Approve Addendum to Option for Purchase Agreement for Good Guys, Inc. Property (City Manager
Memo 8/4/99, Addendum A)
Reschedule November and Dev~mber City Council Meetings Due to Holiday Closings (City Clerk
Transmittal 7/19/99, Calendars)
Award Bridge Repair Bid to Low Bidder CEM Enterprises, Inc. (Public Works Transmittal 8/4/99,
Bid Tabulation Form)
Approve Change Order to Felix Equities Barber Street Sports Complex (BSSC) Site Development
Contract - Pave Parking at BSSC South in the Amount of $20,016.50 (Public Works Transmittal
8/3/99, Change Order # 1)
99.082 E.
99.147 F.
First Reading of Ordinance No. 0-99-12 - Amending 0-99-03 Water Restriction Plan (City Attorney
Transmittal 8/4/99, Proposed Ordinance, Revised Water Plan Text, Memo to Council 8/4/99)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF
SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
Review False Alarm Ordinance and Direct Staff (Indian River County Ordinance)
17.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Council)
ANY PERSON WHO DECJD~ 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 VERBAT1M 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 DISABiLtTIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOM3dODATION FOR THIS
MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Ureoming M~tings;
· Wor~hop - Budget - Wednesday, 8/18/99 - 7pm
· Regular Meeting- Wednesday, 8/25/99 - 7pm
o Regular Meeting - Wednesday, 9/8/99 - 7pm
· SpeciaIMeeting- Ist Budget Hearing- Thursday, 9/9/99- 7 pm
° Regular Meeting and 2nd Budget Hearing - Wednesday, 9/22/99 - 7pm
PUBLIC HEARING
SIGN-UP SHEET
AUGUST 11, 1999 CITY COUNCIL MEETING
99.146 A.
Ordnance No. 0-99-05 - Eliminati~ $2,50 Cag on Utility Tax -
Second Reading and Public Hearing
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REMOVING THE CAP ON PUBLIC SERVICE TAX; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE. (First Reading 7/14/99, Advertised 7/28/99, Public Hearing & Adoption 8/11/99)
Name
!
Name
Address
Name
Address
Name
Address
PUBLIC HEARING
SIGN-UP SHEET
AUGUST 11, 1999 CITY COUNCIL MEETING
99.155 B.
Ordinance NO, 0-99-09 - Amending L~d Development Code to
Allow RV Storage in R-MH District - First Public Hearing - Second
Public Hearing is Scheduled for 8/25/99
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY CREATING SECTION
20A-3.7.G, COMMON VEHICULAR STORAGE AREAS WITHIN THE R-MH ZONING
DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (First Reading 7/28/99, Advertised Display
8/3/99, 1st Hearing 8/11/99, Will Be Advertised 8/18/99, 2nd Hearing Scheduled for
8/25/99)
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
"New Business" as used herein, is defined as an item that has occurred
or was discovered within the previous six months
AUGUST 11, 1999 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE
PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER
Name:
Address:
Subject:
Don Studley
Name:
Address:
Subject:
Name:
Address:
Subject:
Nanle~
Address:
Subject:
Name:
Address:
Subject:
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 11, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Wininger called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Pastor Frank Camillo, Police Chaplain and First Baptist Church.
ROLL CALL
City Council Pm~nt:
Mayor Martha S. Wininger
Vice Mayor Chuck Neuberger
Mr. Joe Barczyk
Mr. Edward J. Majcher, Jr.
City Council Abs~nl;
Mr. Ben A. Bishop (excused)
[;taffPresent:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Kathryn O'Halloran
Chief of Police, Randy White
Finance Director, Mark Mason
Public Works Director, Terry Hill
City Engineer, Martha Campbell
Deputy City Clerk, Sally Maio
/egular City Council Meeting
ugust 1 I, 1999
Page Two
99.105
99.158
99.159
o
o
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
[tem~ not on the written agenda may be added only upon a majoriO, vote of Ci(~ Council members (R-99-21)
None.
PROCLAMATIONS. AI~j~OUNCEMENTS AND/OR PRESE~JTATIONS
State R~re~entative Charles Sembler - Presentation of Florida Recreation Development Assistance
Program Ceremonial C~aot Check
Representative Charles Sembler presented the ceremonial check in the amount of $100,000 for the
Florida Recreation Development Assistance Program Grant to Mayor Wininger, Vice Mayor
Neuberger and City Manager, Terrence Moore.
B. Team Player Awards to City ~;taff Member Volunteers - 4th of July Float
Vice Mayor Neuberger read and presented awards to the following City employees and family
members present who volunteered their time on the City's 4th of July Parade Float: Steve Albo, Ann
Brack, Cathy Bricker, Jody Bricker, Bo Clark, Jerry Converse, Jera Converse, Joe Dillon, Bucky
Gerber, Steve Jennings, Mike Nicholson, Jerry Pollifrone, Mark Sanders, John Tenerowicz, Mark
Veldt, Nancy Veidt, Jenna Veidt, and Nicole Bethune.
CITY ATTORNEY MATTERS
Reported on the Fischer case mediation, noting there is an offer to settle on the table in the amount of
$300,000. He advised that from a legal standpoint there is no strong basis for the claim, and noted
that the Florida League of Cities attorney also recommends the City does not settle. It was the
consensus of City Council to follow the advice of the City Attorney.
Reported that the personnel matters ordinances will be on the next agenda.
CITY MANAGER MATTERS
A. Report on Indian RLY~r County Census 2000 Corllllltlllity Action Committc~ (,.Qinn Letter 7/22/99)
The City Manager said Indian River County was looking for support from staff members as well as
the public, and advised that he will attend the first meeting in September along with members fi.om
staff He said Council can also select someone from the public to attend.
MOTION by WiningeffMajcher
"I would like to at this point move to appoint you, Mr. Terrence Moore, as Sebastian's
governmental representative."
2
.~ugular City Council Meeting
gust 11, 1999
Page Three
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Ncuberger - aye
Mr. Barczyk - aye
Mr. Bishop - absent
Mr. Majcher - aye
MOTION CARRIED 4-0
99.160
Discl~ssion of Section 10 of City Resolution No. R-99-21 - Verbatim Transcripts of City Council
Meetin~
The City Manager, in light of some confusion on the issue, read section 10 of Resolution No. R-99-
21 as follows, "The City Clerk's office is not required to prepare verbatim transcripts or parts of
any minutes of City Council meetings unless City Council, by majority vote, directs verbatim
transcripts for any parts of any minutes it deems necessary and proper for conduct of internal
affairs of city."
Other Matter~
The City Manager stated that two City Council members have expressed interest in attending
upcoming presentations on grants; and discussed concerns expressed by certain members of the
public, Council and staff relative to Sunshine Law matters. He said it is common practice and
appropriate for multiple members to attend these types of functions; then sought direction from
Council.
Mayor Wininger stated that members who are going to represent the City should be appointed by the
City Council, and requested a City Attorney opinion on members traveling together.
The City Manager requested direction from Council on the August Indian River County and
September Tallahassee presentations.
MOTION by Wininger/Neuberger
"The City of Sebastian representatives should be the City Manager and the Mayor. If I am
unable to attend I would nominate Vice Mayor Neuberger unless he is also unable to attend." Then
added" that's the trip to Tallahassee."
ROLLCALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - absent
Mr. Majcher - nay
Mayor Wininger - aye
MOTION CARRIED 3-1 (Majcher - nay)
oRegular City Council Meeting
August 11, 1999
Page Four
99.159
Mayor Wininger said the same representation would apply for the Vero meeting. It was noted that
the August meeting was an open County Commission meeting and all Council members could attend.
CITY CLERK MATTERS - None
CITY COI~CIL MATTERS
Ao
Mr. Majcher
· Discussed calls received from the public and distributed renderings of proposed restrooms
for the Yacht Club. It was noted that funds are proposed in the next fiscal year.
B. Mayor Wininger
Cikv Representative to Indian River Courtly Cen~u~ 2000 Community Action Committee
(Ginn Letter 7/22/99)
This item was previously addressed.
Ot3qr Matters
Discussed a letter from the governor regarding "Front Porch Florida" and asked the City
Clerk to provide a copy of the letter to each Council member and then the City Manager can
report on whether the City could participate
Expressed concern for critical remarks made by staff and Planning and Zoning about
Council, advising if nothing good could be said nothing should be said
Gave a letter to the City Attorney regarding a sandmine being constructed in the county
abutting the City of Sebastian, and inquired whether City resident abutters would receive
notification
Noted that the City is getting a lot of publicity on the water restriction, and that the County
has no restrictions.
Inquired about the reason for flooding on Caprona and Capri
Said the City is watering during the day and should set a better example
Asked why patches on Schumann can't be temporarily paved
Stated that a dead tree in the Schumann median is still there
Vice Mayor Neubcrger
· Staled that John Tenerowicz opened the sewers on Caprona and Caprice right away
· Congratulated Public Works on the success of the Dempsey/Vocelle drainage
Mr. Barczyk
° Inquired where the Riverfront bike racks were and it was noted they were in place
° Discussed a 7/12/99 memo asking for support for preservation of Pelican Island and
requested it be placed on an upcoming agenda. City Council concurred.
4
Aegular City Council Meeting
ugust 11, 1999
Page Five
99.161
99.162
99.163/
99.164
99.143
99.135
11.
E. Mr. Bishop - Absent
CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
consent agenda items unless a member of CiO, Council so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 7/21/99 Workshop, 7/28/99 Regular, 8/4/99 Budget Workshop
Resolution No. R-99-43 - Support for Indian River Lagoon Scenic Highways Program (City Clerk
Transmittal 8/4/99, R-99-43)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING DESIGNATION
OF INDIAN RIVER LAGOON SCENIC HIGHWAY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE
DATE.
Resolution No. R-99-44 - Vacation of Easement - Gonsior - Lot 2, Block 4, Sebastian
Highlands Unit 1 (Growth Management Transmittal 8/3/99, R-99-44, Application, Site Map, Staff
Report, Utility Letters)
A RF_SOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF
CERTAIN EASEMENT OVER LOT 2, BLOCK 4, SEBASTIAN HIGHS, UNIT 1; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
Resolution No. R-99-45 - Final Plat - Fischer Lake Island Subdivision - Phase Two (Transmittal old
8/4/99, R-99-45, Final Plat Under Separate Cover)
A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL
PLAT FOR A SUBDIVISION KNOWN AS FISCHER LAKE ISLAND PHASE II; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR EFFECTIVE DATE.
Prior Approval for Councilmember Neuberger to Attend Florida League of Cities Conference -
Orlando - August 19-21, 1999 in Accordance with Section 2-34 Code of Ordinances and State
Limitations (City Clerk Transmittal 8/2/99, Conference Information)
Request for Community Center - Operation Hope-Ministry of Freedom Christian Center, Inc. -
Fundraiser - 8/28/99 - 7:30 pm to Midnight - Use After 11 pm and Charging Admission Fee
Requires Council Approval - Security Deposit Paid - Forms Provided for Police Personnel (City
Clerk Transmittal 8/2/99, Application, Excerpt of R-98-43)
Approve Date Change for Chamber of Commerce Summer Concert in Riverview Park to August 28,
1999 and Authorize City Clerk to Coordinate Any Future Date Changes for Council Approved Uses
(City Clerk Transmittal 8/5/99, Chamber Letter)
oRegular City Council Meeting
August 11, 1999
Page Six
99.164 E.
The City Manager read the consent agenda and the City Attorney read titles for Resolution Nos.
R-99-43, R-99-44 and R-99-45.
Mayor Wininger removed item E.
Item E - Neuberger Travel
MOTION by Wininger/Barczyk
"I will move to approve items A, B, C, D, F and G of the consent agenda."
ROLL CALL:
Mr. Barczyk - aye
Mr, Bishop - absent
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 4-0
P. rjor Approval for Councilmember Neub0rger to Attend Florida Leagu~ of Cities Cmlf0rence
MOTION by Wininger/Neuberger
"I move that the Council approve Mr. Neuberger to be the City's voting delegate at the 1999
Florida League of Cities conference in Lake Buena Vista."
ROLL CALL:
Mr. Bishop - absent
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 4-0
MOTION by Wininger/Barczyk
"I will move to approve item E of the consent agenda."
ROLL CALL:
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - absent
MOTION CARRIED 4-0
6
Agular City Council Meeting
gust 11, 1999
Page Seven
12.
I~UBLIC HEARING
Procedures for pub lic hearings: (R-99-21)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· StaffPresentat~on
Public Input - Limit often Minutes Per Speaker
· StaffSummation
· Mayor Closes Hearing
° Council Acaon
Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record
99.146 A.
Ordinance NO. O-99-0~ - Eliminating $2.50 Cap on Utility Tax - Second ReMing and Public
Hearing (City Attorney Transmittal 7/7/99, Proposed O-99-053
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REMOVING THE CAP ON
pLrBLIC SERVICE TAX; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVER. ABILITY; PROVIDING FOR AN
EFFECTIVE DATE. (First Reading 7/14/99, Advertised 7/28/99, Public Hearing & Adoption 8/11/99)
Mayor Wininger opened the public heating at 7:43 p.m. and the City Attorney read Ordinance No.
0-99-05 by title.
]TAPEI- SIDE II (7:48 p.m.)
Ruth Sullivan, Indian River Drive, Sebastian, opposed the removal of the cap.
Larry Paul, Sunset Lane, Sebastian, suggested phasing in a tax of 3 or 5%, and questioned the
justification for the removal of the cap.
The City Manager responded to concerns by explaining the reasons for the removal of the cap, the
current requirement for the 10% tax, and proposed millage reduction.
The Finance Director presented an analysis (see attached), noted that cable and sewer do not have a
utility tax; and the City Manager concluded that the cap is illegal and reiterated that the removal of
the cap will benefit the entire community by reducing property taxes.
Mayor Wininger closed the public hearing at 8:07 p.m.
City Council discussion followed.
MOTION by Wininger/Majcher
"I move to adopt Ordinance No. O-99-05."
At this time Larry Paul again requested to address Council, and on the advice of the City Attorney,
motion and second were withdrawn to allow Mr. Paul to speak. Mr. Paul inquired what could be
done if the ordinance is adopted and it docs not work. The City Manager said it will be looked at
again before next year's budget process and recommendations would be made accordingly.
AugUlar City Council Meeting
gust 11, 1999
Page Eight
Mayor Wininger inquired, since she had closed the public hearing, why the City Attorney advised
that Mr. Paul could speak.
The City Attorney said "From a parliamentarian standpoint, you cut off input at the time of a motion,
now thc public hearing was off, she probably should have reopened thc public hearing if you were
going to take anybody. The actual cutoff on any public input is at the time a motion is on the floor,
at that time you're not supposed to allow anything else other than deliberation among the board."
Mayor Wininger then asked" Should this Mayor closes hearing be in our list of procedures?" and
the City Attorney responded, "I don't think its a legal requirement that you have it."
MOTION by Wininger/Majcher
"Once again I move to adopt Ordinance No. O-99-05."
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - absent
Mr. Majcher - aye
MOTION CARRIED 4-0
99.155
Ordinance No. O-99-09 - AInending.Land Development Code to Allow RV Storage i0 R-MIt.
District - First Public Hearing - Second public Hearing is Scheduled for 8/25/99 (City Attorney
Transnlittal, 0-99~09)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE BY CREA~G SECTION 20A-3.7.G, COMMON VEHICULAR STORAGE AREAS WITHIN
THE R-MH ZONING DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDIN(~ FOR AN EFFECTIVE DATE. (First Reading 7/28/99, Advertised Display 8/3/99, 1st Hearing 8/11/99, Will
Be Advertised 8/18/99, 2nd Hearing Scheduled for 8/25/99)
The City Attorney read Ordinance No. O-99-09 by title; Mayor Wininger opened the public hearing
at 8:22 p.m; and the City Attorney briefly reviewed the ordinance, noting it requires two public
hearings.
There being no input, Mayor Wininger closed the public hearing at 8:25 p.m.
Discussion took place on the location of the RV storage areas.
MOTION by Majcher/Barczyk
"I move that we approve Ordinance O-99-09 allowing RV Storage in R-MH district" then
added," and schedule the next public hearing to be set for 8/25/99."
8
OARegular City Council Meeting
ugust 11, 1999
Page Nine
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - absent
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 4-0
13.
INTRODIJCTION OF i~W BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up
required - limit often minutes for each speaker
It was noted for the record that Don Studley did not appear as requested at the last regular meeting.
Jayne Barczyk, Sebastian, said she had been in contact with Glen Mayne, Coordinator for Project 2000 in the
State Office of Planning and Budgeting, who advised that Indian River County is Y2K compliant; and
reiterated her request for a log of public works projects schedules and estimated costs to be placed in the City
Council Chambers during meetings.
TAPE II- SIDE II (8:33 p.m.)
The City Manager said he proposes to distribute a quarterly newsletter to residents and make available a
capital projects schedule in the next fiscal year,
Mayor Wimnger called recess at 8:35 p.m. and reconvened the meeting at 8:48 p.m. All members were
present.
14. COMMiTT]~E REPORtS/RECOMMENDATIONS
None.
15. OLD BUSINESS
None.
16. NI~W BUSINESS
99.105
Ao
Approve Addendum to_ Option for Purchase Agreement for Good G~s, Inc. Property (City Manager
Memo 8/4/99, AddeMum A)
Discussion took place on liquidating the waterline assessment on the property contingent upon the
City purchasing the property; and proposed reduction of the sale price of the property.
9
AugUlar City Council Meeting
gust 11, 1999
Page Ten
MOTION by Neuberger/Barczyk
"Motion to approve."
ROLLCALL:
Mr. Barczyk - aye
Mr. Bishop - absent
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 4-0
99.165
Bo
Resche~lule November and December Cjly Co~cil Meetings Due to Holiday Clo~in~ (City Clerk
Transmittal 7/19/99, Calend~rs)
MOTION by Wininger/Neuberger
"I move to reschedule the City Council meetings in November, November 3 and 17; in
December, to December I and 15."
ROLL CALL:
Mr. Bishop - absent
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barezyk - aye
MOTION CARRIED 4-0
99.166
Award Bridge Rel~air Bid.to Low ]3idder CEM Ente~fises, Inc. (Public Works Transmittal 8/4/9%.
[3id Tabulation.Form)
The City Engineer said staffwill withhold awarding the Englar bridge contract until funds are
available.
MOTION by Barczyk/Majcher
"I'd like to make a recommendation to award Bridge Repair bid to CEM Enterprises, Inc. as
the lowest bid on agenda item number 99.166."
Vice Mayor Neuberger cited problems at 343 and 357 Melrose, and the Public Works Director said it
is being addressed.
ROLLCALL:
Mr. Majcher - aye
Mayor Wimnger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - absent
MOTION CARRIED 4-0
10
Aegular City Council Meeting
ugust 11, 1999
Page Eleven
99.145 D.
Approve Charlge Order to Felix Equities Barber Street Sports CotllPlex South (BSSCS) Site
Developm~l~t' Contract - Pave Parking at BSSC South in the Amount of $20,0 ]6.50 (Public Work~
Transmittal 8/3/99, Chang? Order # 1)
MOTION by Barczyk/Majcher
"I'd like to move to approve Change Order #1 with Felix Equities for the BSSCS Site
Development Contract in the amount of $20,016.50."
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Ncuberger - aye
Mr. Barczyk - aye
Mr. Bishop - absent
Mr. Majcher - aye
MOTION CARRIED 4-0
99.082 E.
First Reading of Ordinance No~ 0-99-12 - Anl~r~ding O-99-03 Water Restriction PJan (City Attom~
Transmittal 8/4/99, Propose~l Ordinance, Reyi~ed Water Plan Toxt, Memo to Co~ncil 8/4/99~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF
SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-9912 by title and summarized the amendments.
David Johns, requested further clarification.
MOTION by Neuberger/Majcher
"I make a motion to approve the first reading and set the second reading of the water
ordinance Ordinance No. 0-99-12 September 8."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - absent
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 4-0
99.147
F. Review False Alarm Ordinance and Direct Staff (Indian River County Ordinance)
Mayor Wininger requested that in the future there always be a transmittal on all agenda items. The
City Manager said he had provided the County's ordinance for deliberation and direction from
City Council on how it wished to proceed.
11
Augular City Council Meeting
gust 11, 1999
Page Twelve
Discussion followed on the fee structure, and the possible difference for fire and medical alarm calls.
Mayor Wininger requested recommended action by the City Manager and City Attorney. The City
Attorney said if Council is inclined to concur with the ordinance, he can bring it back with a revision
to the fees in accordance with prior discussions by Council. The City Manager said this item would
be brought back with appropriate recommendations to City Council on August 25, 1999.
17. Being no further business, Mayor Wininger adjourned the Regular Meeting at 9:25 p.m.
Approved at the
City Clerk
999, Regular City Council Meeting.
Martha ~Wininger
Mayor
12
Fiscal
Year
1995
1996
1997
1998
1999 (1)
1995
1996
1997
1998
1999 (1)
1995
1996
1997
1998
1999 (1)
CITY OF SEBASTIAN
ANALYSIS OF PUBLIC UTILITY SERVICE TAXES VERSUS MILLAGE RATE
FOR THE FISCAL YEARS 1995, 1996, 1997. 1998 AND 1999
DIFFERENCES
Electric Utility Service Tax 1995 1996 1997
Total Tax
Revenue Collected AT 10% Difference
7,551,581 187,697 755,158 567,461
8,487,642 195.939 848,764 652,825
8,787,91)9 204,250 878,791 674,541
9,391,333 214,075 939,133 725,058
10.039.335 224.351 1,003,933 779,582
44,257,800 1.026.312 4.425.779 3.399.467
567,461
Telecommunications Utility, Service Tax
652,825
674,541
Estimated Tax
Revenue Collected AT 10% Difference
989,773 84,288 98.977 14.689
1.086,771 92.531 108,677 16,146
1.193,274 97,151 119.327 22.176
1,310,215 108,981 131.022 22.041
1,438.616 122,277 143,862 21.585
6.018,649 505,228 601,865 96.637
Water Utility Service Tax
Estimated Tax
Revenue Collecmd AT 10% Difference
0 0 0 0
255,414 21,844 25,541 3,697
721,493 61,705 72,149 10,444
54T624 46,835 54,762 7,927
625.193 53,469 62,519 9.050
2,149,724 183,853 214.971 31.118
14.689
TOTALS 52.426,173 1.715.393 5.242,615 3.527.222 582.150
16,146
3,697
22,176
10,444
ATTACHMENT I
1998 1999 (1)
725.058
779,582
22.041
21.585
7,927
9,050
672,668 707,161 755,026 810,217
City of Sebastian Millage Rate
Property Millage Tax
Valuation Rate Tax Collected
1995 365,394,099 6.9 2,455.070 2,461,389
1996 386,567,116 6.9 2,667,313 2,376,632
1997 395,229,445 6.9 2,727,083 2,660,247
1998 421,680,660 6.9 2,909.597 2,810,622
1999 (1) 441,507,089 6.5 2,869,796 2,530,245
13,628,859 12,839,135
1.6
5.3
Estimated Millage Rate Reduction (2)
from Adopted Millage Rate - No Cap
1.7 1.8 1.8
Estimated Millage Rates - No Cap
5.2
5.1
5.1
1.8
4.7
Assumptions:
* This analysis assumes that the 10% is actual and there are no collection fees to reduce the estimates received.
* The Propane Public Service Tax is not included since the amounts collected reflect 10%.
* Water and Telecommunications Tax Returns have not provided the Revenue from which the collections are based upon. therefore
the total revenue amounts as well as the 10% is based upon average annual percentage increases.
Notes:
(1) Fiscal Year 1999 are estimates, since tile years revenues have not yet been collected.
(2) The Millage Rate Reductions are estimates only( and are no.__lt to be considered what would have actually occured if the Cap had
been removed.
CITY OF SEBASTIAN
ANALYSIS OF AVERAGE IMPACT ON HOME VALUATION OF $75,000
JULY 6, 1999
ATTACHMENT 3
Wilh CAP on Public Service UlilitT~ Taxes
Average valuation of $75,000 with a
$25.000 exemption (t~. 6.3513 ~nils
Average electric of $75 per month
Basic telephone rate of $15.45 per month
Average water of $25 per month '
Without CAP on Public Service Utility Taxes at 10%
Average valuation of $75,000 with a
$25,000 exemption (¢ 5.0
Average electric of $75 per month
Basic telephone rate of $15.45 per month
Average water of $25 per month
Total estimated increase(decrease)
if CAP removed
Property. Electric Telephone Water
Tax 12 Months 12 Months 12 Months
318
31)
19
3O
318 30 19 30
90
25O
19
3O
250 90 19 30
Total
318
3O
19
30
396
250
90
19
30
389
(68) 60 0 0 (8)
AS SUMPTIONS:
(1) The average valuation of a home in Sebastian is estimated $75,000 and each home has a $25.000 exemption.
(2) The average electric bill for all of the residences of Sebastian is estimated at $75 per month.
(3) Telecommuncation utility tax is based upon the basic phone rate only and is estimated at an average of $15.45
per household.
(4) The average water bill for all residences currently hooked up to water is estimated at $25 per month.
CITY OF SEBASTIAN
REVENUE .ESTIMATES FOR FISCAL YEAR 2000
FOR ROLLBACK RATE WITHOUT CHANGE IN PUBLIC UTILITY SERVICE TAX AND 1 MILL,
1.2513 AND 1.3513 MILL REDUCTIONS
DESCRIPTION
TOTAL AD VALOREM TAXES
TOTAL FRANCHISE FEES
UTILITY SERVICE TAXES
314100 ELECT UTILITY SERVICE TAX 233,500 1,034,051
314200 TELECOM UTILITY SERVICE TAX 136,500 151,055
314300 WATER UTILITY SERVICE TAX 53,900 65,645
314400 PROPANE UTILITY SERVICE TAX 4,000 4,000
TOTAL UTILITY SERVICE TAXES 427,900 1,254,751
TOTAL LICENSES AND PERMITS 409,400 409,400
TOTAL FEDERAL GRANTS 25,000 25,000
TOTAL STATE SItARED REVENUES 1,411,740 1,411,740
TOTAL GEN GOV'T CHGS FOR SERVICE 48,915 48,915
TOTAL FINES AND FORFEITS 80,200 80,200
TOTAL INTEREST EARNINGS 203,000 203,000
TOTAL RENT AND ROYALTIES 13,200 13,200
TOTAL SALES/COMP LOSS ASSETS 5,000 5,000
TOTAL CONTRIB./DONATIONS 2,500 2,500
T~TAL OTHER MISC. REVENUES 3,500 3,500
TOTAL iNTERFUND TRANSFERS 9,200 9,200
TOTAL OTHER SOURCES 0 0
TOTAL REVENUES AND OTHER SOURCES 6,289,411 6,643,307
353,896
Ad Valorem Ad Valorem Ad Valorem
Ad Valorem Tax = 5.3513 Tax = 5.1000 Tax = 5.0000
Tax -- 6.3513 Public Utility Public Utility Public Utility
Public Utility Tax ~ 10% Tax ~ 10% Tax (~ 10%
Tax ~ 10% WITHOUT WITHOUT WITHOUT
W/$2.50 CAP $2.50 CAP $2.50 CAP $2.50 CAP
3,003,876 2,530,921 2,412,068 2,364,772
645,980 645,980 645,980 645,980
INCREASE FROM ESTIMATED ROLLBACK OF 6.3513 MILLS
1,034,051
151,055
65,645
4,000
1,254,751
409,400
25,000
1,411,740
48,915
80,200
203,000
13,200
5,000
2,500
3,500
9,200
0
6,524,454
235,043
1,034,051
151,055
65,645
4.000
1,254,751
409,400
25,000
1,411,740
48,915
80,200
203,000
13,200
5,000
2,500
3,500
9,200
0
6,477,158
187,747