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Home My WebLink About08222001HOME OF PEUC..AN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 22, 200'l - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4, o The Mayor called the meeting to order at 7:00 pm. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, Ralph Brescia Finance Director, Mark Mason Public Works Director, Terry Hill Parks Superintendent, Chris McCarthy AGENDA MODIFICATIONS ADDITIONS AND/OR DELETIONS Items not on the wdtten agenda may be added only upon a majodty vote of City Council members (R-99-21) Mayor Barnes requested that the City Manager's performance evaluation be added to the agenda as New Business item B, and the City Clerk request for approval for travel to a Power Point Class in Melbourne on September 10th be added to the consent agenda as item I. It was the consensus of City Council (5-0 voice vote) to add the items. Regular City Council Meeting August 22, 2001 Page Two 6. PROCLAMATION, ,S..~ ANNOUNCEMENTS AND/OR PRESENTATIONS 01.203 A. Presentation bv Rodnev Temple, Project M__a. na.qer, Keith and Schnars, PA - Highway U.S, 1 Improvement Pro~ram Mr, Temple gave an update on the U.S. 1 improvement program. 01.194 B. Arlene Fletcher & Kelly Mather Presentation for a Sebastian Senior Center to Provide Adult Day Care ('Capital Ne.e.¢...Proposal, Sketches, Bullet Points) Arlene Fletcher and Kelly Mather presented their request for one time capital improvements funding for addition of Adult Day Care to the Sebastian Senior Center. They presented the plan for the center and described other funding sources, It was the consensus of City Council to have the City Manager look for funding sources and report back to council at the Sept. 12th council meeting. 7. CITY ATTORNEY MATTERS Reported on the status of the local option gas tax discussion at the last County Commission meeting. Reported that the state will consider the first school siting info sent in which will allow the City to amend ordinances needing this language. Suggested that the Council refer to the property at Riverview Park (former Good Guys) as South Pointe Reported on a letter to the editor regarding his "secret meeting" in the canal 8. CITY MANAGER MATTERS Said he is reviewing a proposed contract with Municipal Tax Consulting and Management Firm to collect back taxes and will have a contract in the near future for approval. Updated Council on the restrooms whereby final notice has been sent to CAMCO with a deadline of Sept. 5th to complete or remove themselves from the City's contracts; and plumbers are giving estimates to connect the Yacht Club to an existing public sewer line. 9. CITY CLERK MATTERS Reported on audio system problems due to a lightening strike. 10. CITY COUNCIL MATTERS A. Mr. Maicher Reported on concerns expressed by parents at Sebastian Elementary School regarding lack of landscape maintenance along C.R.512 at the school. al~,Regular City Council Meeting ~ugust 22, 2001 "'""Page Three B. Mayor Barnes · Reported that Keep Indian River Beautiful has offered to plant trees at "South Pointe" at Riverview Park. · Stated that Tom Collins had asked him to ask Council for a letter of support to the Governor for Mr. Collins' application to remove davits on his south side pier and replace them with boat slips. City Council concurred with sending the letter of support. The City Manager responded to the Mayor's question about use of prisoners on roads, stating the Florida Dept. of Corrections has been directed not to issue any labor contracts. The City Attorney said judges sometimes assign community service and the City could talk to them, however, the City Manager said the City is already registered for this program. · Noted the County Commission recently approved tax exemption for people over 65 who make under a certain salary. · Reported the County sold bonds for the Dodger deal and received a good interest rate. C. Mr. Bishop - None. D. Mr. Barcyzk · Stated that October is his month to monitor the County Commission meeting and noted a schedule was available and an open forum will be held on October 16 for citizens to give their input on redistricting. E. Mr. Hill - None. 11. 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 City Council so requests; in which event, the item will be removed and acted upon separately. A. Approve the 8/8/01 City Council Workshop Minutes B. Approve the 8/8/01 Regular Council Meeting Minutes 01.195 C. Approve Keep Indian River Beautiful Art & Crafts Fair Special Event at Riverview Park on Sept. 8 & 9, 2001 (Parks Transmittal, 8/3/01, Park Use Permit Application) 01.196 D. Approve City Clerk Travel to Master Municipal Clerk Academy, Oct. 10-12,2001 (City Clerk Transmittal 8/10/01, Brochure) 01.197 E. Authorize Renewal of Employee VisionCare Plan Effective 10/1/2001 (Letter from VisionCare, Contract, R-98-34) 01.198 F. Adopt Resolution R-01-60 Final Plat of Sebastian Lakes PUD, Phase II (Growth Management Transmittal 8/15/01, R-01-60, Application, Plat [Under Separate Cover] and Location Map) Regular City Council Meeting ust 22, 2001 Page Four A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SEBASTIAN LAKES P.U.D. SUBDIVISION PHASE II; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. 01.199 G. Adopt Resolution R-01-61 Authorizing the City Manager to Apply for G.R.E.A.T. Funding from the U.S. Dept. of Treasury (City Manager Transmittal 8/15/22, R-01-61, Application and Narrative) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE UNITED STATES DEPARTMENT OF TREASURY GANG RESISTANCE EDUCATION AND TRAINING PROGRAM (G.R.E.A.T.) 01.173 H. Adopt Resolution R-01-62 Dissolving Cemetery and Handicapped Self-Evaluation Committees (City Manager Transmittal 8/16/01, R-01-62) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, DISSOLVING LAPSED COMMITTEES; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. Authorize the City Clerk to Attend New Horizons Computer Learning Centers for a Power Point 2000 Class in Melbourne on September 10, 2001 The City Attorney read Resolutions Nos. R-01-60, R-01-61 and R-01-62 by title. Mr. Hill removed items B and F, Mr. Barczyk removed item C, and Mayor Barnes removed item H on behalf of Sal Neglia who wished to address the item. MOTION by Majcher/Barczyk "1 move to approve items A, D, E, G and I." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Item B - 8/8/01 Re(~ular Meetin~ Minutes Mr. Hill noted a need to correct his matters from the 8/8/01 Regular Meeting minutes as follows: in the improvement plan - that money was not identified for CR512 but the money will be there for improvements in the county and we have to apply for it in the Spring and we will be competing for it. Item F - R-01-60 - Sebastian Lakes PUD Phase II Final Plat Mr. Hill noted the property conditions have been overgrown for the last couple of years, and need some form of maintenance. 4 Regular City Council Meeting ust 22, 2001 Page Five MOTION by Hill/Barczyk "1 move to approve the two items I pulled, sure, B and F." Mr. Hill noted that item B approval was "as amended", ROLL CALL: Mr. Bishop - aye Mr, Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 Item C - KIRB Arts and Crafts Festival at Riverview Park Mr. Barczyk expressed concern for this function based on the parking conditions of last Saturday's event, and the City Manager told him that parking conditions have been addressed for this event. MOTION by Barczyk/Majcher "1 move that consent item C be approved." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Item H - R-01-62 - Dissolving Cemet,ery. and Handicapped Self-Evaluation Committee Sal Neglia said he had been contacted by members of the Handicapped Self-Evaluation Committee and had been advised that they wish to remain established. MOTION by Barnes/Hill "1 move to amend Resolution No. R-01-62 to dissolve the Cemetery Committee and keep the Handicapped Self-Evaluation Committee." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Regular City Council Meeting ust 22, 2001 e Six MOTION by Majcher/Barczyk "1 make a motion to approve consent agenda item h as adopted or as amended." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 01.188 12. PUBLIC HEARING A. Second Reading and Public Hearing for Ordinance No. O-0!.-19, Canal ..Policy (City Attorney Transmittal, 0-01-19,...Canal Landscape Management Plan, P..olicy Paper) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 110 TO CREATE ARTICLE III CANAL LANDSCAPE MANAGEMENT PLAN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The Mayor opened the public hearing at 7:52 p.m. and the City Attorney briefly described the ordinance as amended at its first reading. Judy Booth, Joyhaven Drive, stated that she has experienced two stormwater management plans during her residency and that her canal is still filled. Being no further input, Mayor Barnes closed the public hearing at 7:58 p.m. Mr. Majcher discussed his input from FEMA regarding man made canals. He listed their provisions as follows: no restrictions of water movement no planting of any trees any sediments, shrubs, or buildup should be taken out He stated that the City receives an ISO rating every year and a higher ISO rating increases flood taxes insurance rates. He said he did not agree with planting trees on the banks of this man-made waterway. TAPE I - SIDE II (8:02 p.m.) Other Council members agreed with looking into FEMA regulations and postponing action on the ordinance at this time. Mr. Barczyk asked for a copy of the provisions and noted the City has not done a flood plan in many years. The City Manager said FEMA representatives were in Sebastian in 2000 and the Growth Management Director reported that the City has Regular City Council Meeting lust 22, 2001 age Seven requested that FEMA add the City to their list for the last ten years to establish base flood elevations for the entire City and had recently been notified that Sebastian has been moved up on the waiting list. Eric Groetke said Camp, Dresser and McKee is talking with St. Johns River Water Management District about the stormwater plan and said he would be happy to discuss flood plan issues with them. MOTION by Bishop/Barczyk "Motion to defer until additional information is provided by staff." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othen/vise on the agenda - sign-up required - limit of ten minutes for each speaker None. 14. COMMITTEE REPORTS/RECOMMENDATIONS - None 15. OLD BUSINESS - None 16. NEW BUSINESS 01.200 Authorize City Manager to Execute a Sqp.plemental Service A.qreement with HoYman, Dobson......&.. Company for Implementation of GASB 34 for the Fiscal Year Ended 9/30/2001 (Finance Transmittal 8/13/01, A~reement) The Finance Director briefly described GASB 34 which is a new reporting model which will give us greater financial accountability. MOTION by BarczyldBishop "1 move to authorize the City Manager to execute the Supplemental Agreement with Hoyman, Dobson & Company, P.A." 7 Regular City Council Meeting ust 22, 2001 ~ge Eight ROLL CALL: Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 01.182 Authorize the City Manager to Execute Closing Documents for the Waterfront Property (Located at Harrison Street)..Adiacent to the Former Good Guys, In.c. Property Pending FRDAP Funding (City ManagerTransmittal 8/14/0.1, Boyle & Drake, Inc. Prop. ertyAppraisal and Contract for Sale and Purchase) The City Manager reported the 50~50 grant was in the amount of $200,000. Mr. Bishop requested clarification of the schedule and the City Manager stated the contract is anticipated for execution Sept. 12th, The City Manager said the grant has been authorized and the paperwork will be in tomorrow. MOTION by Bishop/Barczyk "Move to authorize the City Manager to close and execute the Contract for Sale and Purchase, of waterfront property located at Harrison Street adjacent to the former Good Guys, Inc. property pending the Florida Recreation Development Assistance Program Grant agreement authorization." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 01.057 First Reading for Ordinance No. O-01-16 Estab shin.q Stormwater Utility.,. Schedule Public Hearing for 9/26/01 .(City Attorney Transmittal, O;01-16) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 102 TO CREATE ARTICLE V SEBASTIAN STORMWATER UTILITY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-16 by title and described changes to the ordinance as distributed prior to this meeting (see attached). Steven Sedgewick, Camp, Dresser and McKee gave a lengthy presentation on the proposed stormwater utility. Mr. Sedgewick urged the public to contact Mr. Moore or Mr. Stringer with any questions they may have regarding their TRIM notices. Pam Carter, Sebastian, challenged Council to get more information and give citizens an overall plan, and described City work that had been done twice on ditches in her yard. Regular City Council Meeting ust 22, 2001 Page Nine TAPE II - SIDE I (9:04 p.m.) The City Attorney stated that at least 80% of the funding must be dedicated to capital improvements, and Mr. Bishop noted that there is a new stormwater master plan in the works. Mr. Barczyk further advised that this dedicated revenue source will aid the City in obtaining grants for stormwater projects. Attorney Warren Dill, representing Dr. Henry A. Fischer-Fisher & Sons, Inc., inquired about several sections of the proposed ordinance and suggested tabling it for one year until further information is gathered. MOTION by Hill/Barczyk "1 move to pass Ordinance No. O-01-16 on first reading and schedule public hearing for September 26, 2001 as amended." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 01.201 Mayor Barnes called recess at 9:25 p.m. and reconvened the meeting at 9:35 p.m. All members were present. First Reading for Ordinance No. O-01-20 Amending Section 34-2 Chapter 34, Article I In General- Cemetery Trust Fund, Schedule Public Hearing for 9/26/01 (Finance Transmittal 8/14/01, O-.01-20, Chapter 34,....Article I) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 34-2 CHAPTER 34 ARTICLE I IN GENERAL, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-20 by title MOTION by Barczyk/Majcher "1 move to approve Ordinance O-01-20 and set a public hearing for September 26, 2001 and authorize advertisement for same." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Regular City Council Meeting ~ust 22, 2001 ge Ten 01.202 E. First Reading for Ordinance No. O-01-21 Amendment to Comprehensive Plan - School Siting and Collocation Criteria Per State Regulations, Schedule Public Hearing for 9/12/01 ('Growth Management Transmittal 8/15[_0.. 1, O-01-21, Paragraph 163.3177(..6)('a) FS.) AN ORDINANCE Of THE CiTY Of SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVE PLAN TO PROVIDE SCHOOL SITING CRITERIA; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-21 by title and the Growth Management Director briefly described the Comprehensive Plan amendment as required by DCA. MOTION by MajchedBishop "1 move to pass Ordinance No. O-01-21 on first reading and schedule a public hearing and adoption hearing for September 12, 2001. ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 .172 F. First Reading for Ordinance No. O-01-22 Rezoning to Industrial AA Berry Subdivision, 14.85 Acres Schedule Public Hearing for 9/12/01 (Growth Management Transmittal 8/15/01, O.-01-22, Application for Rezoning, Location Map, Staff Report and P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOTS 16, 28 & 29, SECTION 30, A.A. BERRY SUBDIVISION, CONTAINING 14.85 ACRES MORE OR LESS, FROM RE-40 TO IN (INDUSTRIAL); PROVIDING FOR CONFLICT AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-22 by title and advised City Council not to take evidence during the first reading due to the fact that this matter is quasi-judicial. Mr. Hill expressed concern about several provisions of the ordinance as follows: Mandatory connection to water Whether access is still a problem Compatibility since no industry is abutting this property Questioned orderly development and convenient access Whether this was in the public interest Mr. Hass stated before a site plan is approved, access would be addressed. Mayor Barnes noted a typo in Section 2 "Industrial". Mr. Barczyk noted the adjacent property was zoned industrial at the beginning of the application process. l0 Regular City Council Meeting August 22, 2001 Page Eleven MOTION by Barczyk/Majcher "1 move to pass Ordinance No. O-01-22 on first reading and schedule a quasi-judicial public hearing and adoption hearin on/for September 12, 2001.' ROLL CALL: Mr. Bishop - nay Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - nay Mayor Barnes - aye MOTION CARRIED 3-2 (Bishop, Hill - nay) 01.204 G. City Mana,qer Performance Evaluation Following City Council input on Mr. Moore's performance and pro-active vision, motion was made. MOTION by Hill/Majcher "1 would move to give a pay increase of 5.5% increase retroactive to his anniversary date." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 17. Being no further items, Mayor Barnes adjourned the Regular Meeting at 9:54 p.m. Approved at the September 12, 2001 Regular City Council Meeting. Walter-Barne's, Mayor Sally A. M~_~o, CMC 1! ORDINANCE NO. O-01-16 AN ORDINANCE OF TilE CiTY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 102 TO CREATE ARTICLE V SEBASTIAN STORMWATER UTILITY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WiiEREAS, the City presently owns and operates a stormwater system which has been developed over a number of years to serve the purpose of collecting, purifying and disposing of storm and other surface waters, and is in the process of expanding, constructing and improving the system; and WHEREAS, the city is authorized by the provisions of Florida Statutes Chapter 166, the Florida Constitution, the City Charter, and Fla. Stat. § 403.0893, to construct, reconstruct, improve, and extend stormwater utility systems, to issue revenue bonds and other debts if needed to finance in whole or part the cost of such a system, and to establish just and equitable rates, fees, and charges for the services and facilities provided by the system; and WHEREAS, this stormwater management system benefits and services all property within the City both directly and, less obviously, by keeping streets open for passage as well as by monitoring and minimizing pollution levels in adjoining waterways; and WlIEREAS, based upon empirical functions of personnel serving the City's stormwater needs, the resources needed to perpetuate the stormwater system for an undeveloped lot are not substantially different from those needed to perpetuate the stormwater system for a developed lot; and WiiEREAS, the cost of operating and maintaining the city stormwater management system and financing necessary repairs, replacements, improvements, and extensions thereof should, to the extent practicable, be allocated in an equitable manner among those who are served by the system; and WHt;REAS, the City Council has determined that it is in the public interest to establish a stormwater utility in accordance with Florida law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended to create Chapter 102, Article V Sebastian Stormwater UtiliO2 beginning w/th section 102-100 which shall read as follows: Sec. 102-100. Utility established. There is hereby created and established in the City, in accordance with section 403.0893 of the Florida Statutes, a stormwater management utility entitled the Sebastian Stormwater Utility. This utility shall be responsible for the city's stormwater management. Section 2. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-101 which shall read as follows: Sec. 102-101. Powers and authority. The Sebastian Stormwater Utility shall have all powers necessary for the exercise of its responsibility for the drainage from all properties within the City, including, but not limited to, the following: (1)Preparation of plans for improvements and betterments to the stormwater management system. (2) Construction of improvements and betterments to the stormwater management system. (3) Promulgation of regulations for the use of the stormwater management system, including provisions for enforcement of such regulations. (4) Review and approval of all new development permits within the City for compliance with stormwater management regulations included in present city ordinances or ordinances later adopted. (5) Performance of routine maintenance and minor improvement to the stormwater management system. (6) (7) (8) (9) Establishment of charges for connection and use Of the stormwater management system. Evaluation of water quality concerns for discharges to the stormwater management system. Performance of all normal utility functions to include construction, operation, and maintenance of the city's stormwater management system, including, but not limited to, the hiring of staff, the selection of special consultants, the entering into contracts for services and construction of facilities, and the handling of purchase, lease, sale or other rights to property for the stormwater management system. Issuance of revenue bonds or other debt instruments for the purpose of performing those duties as described herein. Section 3. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-102 which shall read as follows: Sec. 102-102. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Calculated impervious surface of an E.F~.U. For purposes of determining a stormwater fee, the calculated impervious surface of an ERU shall be deemed to be 3,285 square feet. Developed nonresidential property. Property zoned for uses other than for residential purposes upon which improvements have been constructed. Developed residential property. Property zoned for residential use upon which is constructed one or more dwelling units. This would include single-family or multi-family dwellings, condominiums and duplexes. Equivalent residential unit (ERU). The statistical average horizontal impervious area of all residential units in the city. Exempt property. Property which shall not subject to a stormwater fee, which is limited to: a. Common areas within multi-family areas. b. Property which is perpetually designated for conservation land uses or which, because of its environmentally sensitive character, cannot be developed under present environmental protection regulations. c. Publicly owned road and drainage right-of-way. Undeveloped parcels. Unimproved property zoned for uses other than for single-family residential purposes or property zoned for residential uses upon which no subdivision improvements have been constructed. Undeveloped single-family residential property. Property improved and subdivided into single-family residential lots upon which no dwellings have been constructed. Section 4. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-103 which shall read as follows: Sec. 102-103. Stormwater fee; imposition and calculation of. (a) Imposition. A stormwater fee is hereby imposed.upon all property within the city unless otherwise exempted, for services and facilities provided by the stormwater management system. For purposes of imposing the stormwater fee, the city has obtained the services of a consulting engineer to develop the statistical rationale for providing just and equitable rates, fees, and charges for the facilities and services provided by the system. (b) Application and classification. (1) Developed residential property. Each dwelling unit shall be billed at a flat fee of one ERU per month. (2) Undeveloped single family residential property. Each undeveloped single family lot shall be billed for one ERU multiplied by a correction factor of 0.67 to calculate the flat monthly rate. (3) Undeveloped parcels, Each undeveloped parcel shall be billed at a rate determined by dividing the total land area of the properties, in square feet, by 11,154 which represents the square footage of a statistically average residential building site in the City, multiplied by a correction factor of 0,67 to arrive at the number of ERUs for that parcel. (4) Developed nonresidential property, Each parcel of developed nonresidential property shall be billed at a rate determined by dividing the total impervious area of the parcel by the Calculated Impervious Surface of an ERU to arrive at the number of ERUs for that parcel. (5) Exempt property. Service charges shall apply to all properties within the city, including those properties classified as nonprofit or tax-exempt for ad valorem tax purposes. Service charges shall apply to all government properties, including properties of the city, including the city-owned buildings, parks, and other properties. However, Exempt Property shall not subject to a stormwater fee. (c) Within the guidelines and procedures established by administrative regulations duly promulgated by the Utility, a landowner may apply for a credit for constructed retention facilities pursuant to South Florida Water Management District requirements or for the existence of atypical physical features to the site, and the City shall reasonably determine said credit based upon the equitable pro-rata decrease in the total services required of the utility in providing the systemic benefits of stormwater management to the property. Section 5. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-104 which shall read as follows: Sec. 102-104. Establishment of fee, There is hereby established as the initial fee for one equivalent residential unit (E.R.U.) the sum of $4 for each month. Said fee shall continue in effect unless and until the City Council, by resolution passed by supermajority, establishes a different rate for any fiscal period following the 2001-2002 fiscal year. Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-105 which shall read as follows: Sec. 102-10,~. Collection. (a) Fees for the Sebastian Stormwater Utility levied pursuant to the code shall constitute a non-ad valorem assessment, as set forth in F.S. ch. 197 and shall be collected pursuant to the uniform method of assessing, billing and collecting of the same. The stormwater fee is to be assessed annually to the owner of each parcel which is subject to the stormwater fee. The period for which the fee is charged shall coincide with the City's fiscal year. (b) The City may utilize any other method available under the law to collect the stormwater utility fee provided herein, including placement of a lien against the property, effective as of October 1 of each fiscal period and charged until the same has been paid in full, and said lien thereby created shall be co-equal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid. Section 7. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-106 which shall read as follows: Sec. 102-106. Stormwater utility trust fund; use of funds. (a) There shall be established a Sebastian Stormwater Utility Fund for the deposit of all fees collected pursuant to this Article. (b) The stormwater utility fund shall be used exclusively to provide funding for the stormwater management program. (c) No less than 80% of utility fees shall be used to fund capital improvement projects as delineated and programmed in the Stormwater Master Plan adopted by City Council. Section 8. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-107 which shall read as follows: Sec. 102-107. Appeal of fee amount; procedure. (a) After having paid in full all utility fees invoiced against his property, any property owner shall have the right to appeal either the utility fee charged, or a credits determination pursuant to Section 102-103(c), with respect to his property as follows: (1) Within 30 days of either the initial mailing of the utility fee bill, or the written determination as to credits, whichever date is relevant, the property owner shall have the right to appeal to the city council. The city council shall have 30 days from the receipt of the notice of appeal within which to hold a hearing on the appeal and thereafter shall render a determination. (2) If the appellant prevails and it is decided a refund is due, the refund amount shall be in accordance with the determination on appeal but shall not include any interest on the refunded fee. (3) Upon filing of a proper petition within thirty (30) days of the determination of City Council, said determination may be reviewed in the Circuit Court by writ of certiorari upon the record made before the City Council. (b) Notwithstanding the provisions set forth above, any property owner shall have until December 1, 2001, to request a review by the City Manager of the utility fee bill for fiscal year 2001-2002 for claims of errors in classification or calculation. As a condition of requesting such review, the property owner must pay his good-faith estimate of the fees actually due. The City Manager may deny the appeal or modify the amount of the fee. The owner may appeal the City Manager's determination to City Council within thirty (30) days and thereafter follow the procedures set forth in subsections (a)(1) - (3) above. Any claims relating to a credits determination pursuant to Section 102-103(c) must be appealed in accordance with the standard procedure set forth above. Section 9. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-108 which shall read as follows: Sec, 102-108. Additional regulations. The City Manager may promulgate reasonable regulations concerning the operation of the Sebastian Stormwater Utility, with said regulations subject to modification or nullification by resolution of the City Council. Section 10. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. SEVERABILITY. in the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 12. EFFECTIVE DATE. Following its adoption by the City Council, this Ordinance shall take effect October 1, 2001. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 26na day of September, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legalky for reliance by the City of Sebastian: Sally A. Maio, CMC City Clerk Rich Stringer, City Attorney Press Journal Tuesday, August 21, 2001 SEBASTIAN RIVER AREA he cOuncil on Aging hopes to build the new ifacility on the south .side Iof the Sebastian Senior IC.enter. By Anthony Judnlch staff wdter "The rising demand for ser- ~ . ,vzces of Indian River Coun- ~y's only licensed adult ~iay-care center in Veto ~Beach has sparked requests ~o create a similar facility in ,Sebastmn. ~ Between 13.15 Sebastian ~clients a~e bused to the Veto ~Beach center each day, with ~several other residents un- ~able to make the trip. ' Those factors help to in- :crease the need for a Sebas. ~ian center, which would be ~mlled the John's Island ~ouhdation Adult Enrich- ! , :New adult 'day-care center ,proposed for North .County merit Center, coUnty Council Sebastian Senior Center to according to Council on Ag- on Aging Inc. Executive Di- rector Arlene Fletcher said. "There are §0-55 people~ at the Veto day-care center ev- ery day," Fletcher said. "We've had requests from numerous people for a center in Sebastian and it would free up spaces down here for other clients"-from Gifford and Veto Beach. In addition, the 1 to 1 1/2 hours spent on a bus by Se- bastian clients would be eliminated, Fletcher said. The Adult Day Care Cen- ter, 704 14th St., opened in 1984. The Council on Aging hopes to add a 30-by-50-foot, $75,000 addition to the south side of the Sebastian Senior Center, 815 Davis St., to serve up to 25 Clients, Fletcher said. meet friends and participate in recreational and educa- tional activities and pro- . grams. Fletcher' said she'll ask the Sebastian City Council Wednesday for $15,000 to complete necessary funding for the center. The council al- ready has $37,000 from John's Island Foundation and $23,000 from other sources. "We're going to make 'a presentation and we'll see what happens," Fletcher said. "Hopefully,' they'll think it's a good idea." In Veto Beach's Adult Day Care ,Program,. which is f~nded in part by United Way of Indian River County, physically and/or mentally impaired seniors can receive care that delays or prevents them from being placed in lng information. The center, "provides care during the day for senior cit. izens, much like child .care, . but for adults that need su- pervision,'' Fletcher said. "It's a supervised environ- ment and we have nurses on the staff." At the proposed Sebastian facility, seniors would have more space to enjoy braf~ and other recreation activi. ties, nurses would perform health checks and nutrition education would be provided. Some eqUipment and furni: ture, such as couches and re- cliners, would be paid for from private sources and do- nations, Fletcher said. Other furnishings, such as tables and chairs, already are available from the Sebas. tian Senior 'Center, where Seniors currently use the residential nursing, homes, clients would eat their lunch. ?ellsmere debates salary,for mayor's job Diabetes Bay