HomeMy WebLinkAbout0922199999.184
99.185
99.186
99.187
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SEBASTIAN CITY COUNCIL
AGENDA
FINAL BUDGET HEARING
AND
REGULAR MEETING
WEDNESDAY, SEPTEMBER 22, 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
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council
- lima often minutesper speaker (R-99-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Pastor Marcos Batista - lglesia Pentecostal El Milenio
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIQNS)
Items not on the written agenda may be added o, ly upon a majority vote of CiO~ Council members ('R-99-21)
6. IPROCI~AMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Proclamation - Nathan McCollum - Indian River County Emergency Management Coordinator
B. Proclamation - Constitution Week - Daughters of American Revolution
C. Proclamation - World Population Week
D. Joe Generazio - Realtors Association of Indian River County - City Occupational Licensing Practices
(City Manager Memo 9/16/99, Offutt Letter)
E. Growth Management Director, Tracy Hass - Revised Land Development Code Status Report
(Growth Management Transmittal 9/16/99, Summary, Solin Memo)
8.
9.
10.
CITY ATTORNEY MATTI~R~
CITY MANAGER MATTERS
CITY L"LERK.MATTERS
CITY COUNCIL MA~'TEI~
A. Mr. Barczyk
B. Mr. Bishop
C. Mr. Majcher
D. Mayor Neuberger
99.092
99.143
11.
12.
PUBLIC HEARING AND FINAL ADOPTION - 1999/2000 MILLAGE AN]D ]~UDGET
(~4dvertised in .4ccordance with 200.065 F.S.)
A. Public Comment
B. C[~ty Council Actions
Eino! Adoption of 1999/2000 Fiscal Year Millage Rate - ResolutionNQ, R-99-48 (Finance
Tr~smittal 9/16/99, R-99-48]
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 5.0000
MILLS FOR THE CALENDAR YEAR 1999 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 1999
AND ENDING SEPTEMBER 30, 2000.
ii.
Final AOo~ption of 1999/2000 Fiscal Year B~dget As Amended 9/9/99 - Seconcl Reading.
and Final A~loption of Ordinance No, 0-99-16 (fiance Director Transmittal 9/16/99.
0-99-16 ~ amended w/Attached Sche&lle
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000; MAKINO
APPROPRiATiONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND
INTEREST PAYMENTS ON THE BOND AND OTIIER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND,
SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FLrNDS, OOLF COURSE FUND, AIRPORT FUND,
AND MAJOR EQUIPMENT REPLACEMENT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO,
ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
CONSENT AGEr~A
Ail 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 separatdy.
A. Approval of Minutes - 9/8/99 Regular Meeting, 9/9/99 Budget Hearing
Operation Hope/Freedom Christian Center Use of Community Center - 10/16/99 - 7:30 pm to
Midnight - Extended Use and Admission Fee Require Council Approval - Police Services Required
(City Clerk Transmittal 9/16/99, Application, R-98-43, Tax Exempt Certificate)
2
13.
PUI3LIC HEARING
Procedures for public hearings: (R-99-21)
Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· Staff-Presentation
° Public Input - Limit ofTen Minutes Per Speaker
° StaffSummation
· Mayor Closes Hearing
° Council,4 ction
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
99.174
Second Keadi~g. public Hearing and_Final Adoption of Ordinance No. 0-99-13 - Manager
R~ponsibility Over Personnel Administration (Ci~v Cl~rk Transmittal 8119_/99, 0-.09-13)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES
CHAPTERS 2 AND 26 TO REFLECT CITY MANAGER AUTHORITY OVER PERSONNEL MATTERS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABII,ITY; PROVIDING FOR AN EFFECTIVE DATE.
14.
II~RODUCTION OF NEW BUSINESS FROM TIlE 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
15. COMMITTEE ]gEpORTS/RECOMMEi~DATIONS
16. OLD BUSI.NESS - None
17. NEW BUSINESS
7.189
Resolution No. ]t,:.99-49 - Emergency Disil~ter Reserve in General Ftm~l - $)50.000 (Finance
lxan~tnittal 9/17/99, R-99-49)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING AN EMERGENCY
RESERVE IN THE AMOUNT OF THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000), FOR THE PURPOSE OF
PROVIDING FUNDS IN THE EVENT OF A CATASTROPHIC DISASTER OCCURRING IN THE CITY OF SEBASTIAN.
99.190
B. Approve Golf Course Cart Path Project (Golf Course/Purchasing Transmittal 9/10/99)
99.191 C.
Authorize City Manager to Enter Into Piggyback Contract from Martin County RFP #65-98 with
Karlin Daniels & Associates for Auction of City Surplus Equipment (Purchasing Transmittal
9/16/99)
18.
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 PER~ON WHO DECIDES TO APPEAL ANY DECISION MADE B Y THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED A T
THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A I/-Eag, BAT1M RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD iNCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
HEARD. (286.0105E8.)
IN COMPLIANCE WITH THE Ag4ERtCANS 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.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upc.9~ling Meeting,s:
Workshop - Charter Amendments - Wednesday, 9/29/99 - 7pm
Regular Meeting - Wednesday, 10/13/99 - 7 pm
· Regular Meeting - Wednesday, 10/27/99 - 7pm
FISCAL YEAR 1999/2000 MILLAGE/BUDGET
FINAL ADOPTION HEARING
SIGN-UP SHEET
SEPTEMBER 22, 1999
CITY COUNCIL MEETING
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
PUBLIC HEARING
SIGN-UP SHEET
SEPTEMBER 22, 1999 CITY COUNCIL MEETING
99.174
Ordinance No. O-99-13 - Manager Responsibility Ov~ Personnel
Administratiori
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
CODE OF ORDINANCES CHAPTERS 2 AND 26 TO REFLECT CITY MANAGER AUTHORITY OVER
PERSONNEL MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
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
SEPTEMBER 22, 1999 REGULAR MEETING
USE THIS FORM ONLY FOR iNTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE
PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER
Address:
Subject:
Name:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
SEBASTIAN CITY COUNCIL
MINUTES
FiNAL BUDGET HEARING
AND
REGULAR MEETiNG
WEDNESDAY, SEPTEMBER 22, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Neuberger called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
There was a moment of silence.
ROLL CALL
Ci~ Council Present:
Mayor Chuck Ncuberger
Mr. Joe Barczyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
~laff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Finance Director, Mark Mason
Chief of Police, Randy White
Assistant Public Works Director, Jerry Converse
Human Resources Director, Rich Samolewicz
Growth Management Director, Tracy Hass
Building Director, George Bonacci
Golf Course Manager, Pat Cerjan
Airport Manager, John Van Antwerp
Regular City Council Meeting
September 22, 1999
Page Two
99,184
99.185
99.186
99.187
99.188/
98.150
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21)
Mr. Bishop received consensus of City Council to move Council Matters to the end of the agenda.
[~ROCLAMATjObIS, ANNOUNCEMENTS AND/OR PRESENTATION~
A. Proclamation- lgathan McColl[011.- hlclian River County Emergency Management Coordinator
Mayor Neuberger read and presented the proclamation to Nathan McCollum.
B. Proclamation - Constitulioa Week- Daughters of American Revolution
Mayor Neuberger read and presented the proclamation to Aloa Lorton.
C. Proclamation - World Population Week
MayOr Neuberger read the proclamation. There was no recipient.
Joe Generazio - l~Jtor~ Association of Indian River Coung, - Cily Occupational Li~?nsing PracfiCe~
(City Manager Memo 9/16/99, Offutt Letter)
Mr. Generazio distributed backup to City Council, and gave a brief presentation on a request by the
Realtors Association to amend its occupational licensing policy (Sections 30-36 and 30-37) relative
to individual salespersons working for a real estate office (see attached).
The City Attorney cited several revisions to Florida law over the years, stating that in 1972, the state
repealed its exemption provision, and he questioned whether the city had the authority to exempt a
power to tax granted by the state. He said if directed he could obtain an Attorney General opinion on
the matter. It was the consensus of City Council that he obtain an opinion.
Mr. Generazio recommended DBPR records be maintained by the City; and inquired whether
1999/2000 occupational license fees can be put into escrow while the matter is being reviewed.
mo
C~rowth Management Director, Tra~ Hasj - Kevi~ed Land Development Code Status RtOQr~
(Growth M~agCment Transmittal 9/16/99, SummarT,.Solill.~CIIl0)
Growth Management Director, Tracy Hass gave a brief update on the schedule for Land
Development Code revisions. He noted that November 4, 1999 is the tentative date for Planning and
Zoning to make its recommendation to City Council; stated this will be an entirely new code, which
would make it difficult to present it in legislative format; and briefly touched on the CR512 corridor
proposal.
pRegular City Council Meeting
eptember 22, 1999 -
age Three
10.
99.092 11.
CITY ATTORNEY
Reported on the Riveffxont district 50% coverage matter presented by an Indian River Drive property owner.
He said the individual has stated he can live with the proposed ordinance governing the measuring point for
lot width. He then sought authority to administratively implement lot width measurement from the midpoint
under the pending change of law.
CITY MANAGER MATTERS
None.
CiTY CI~RK MATTERS
The City Clerk read a tribute to Mayor Martha Wininger.
CITY COUN{~]L MATTERS
City Council Matters was moved to the end of the agenda during Agenda Modifications.
PUBLIC HEARING AND FINAL Al)OPTION - 1999/2000 MILLAGE AND BUDGET
(Advertised in Accordance with 200.065 F.S.)
A. publi Comment
Mayor Neuberger noted no one had signed to speak under public comment.
B. City Council Action~
Fislal Adoption of 1999/2000 Fis~.~l Y~al' Millage Rate - Resolution_No. R-99-48 (Finance
Transmittal 9/16/99. R-99-48~
A RESOLLrrIoN OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 5.0000
MILLS FOR THE CALENDAR YEAR 1999 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 1999
AND ENDING SEPTEMBER 30, :2000.
The City Attorney read Resolution No. R-99-48 by title.
MOTION by Bishop/Majcher
"I would move to adopt the 1999/2000 fiscal millage rate at 5.000 mills for the calendar
year 1999 beginning October 1, 1999 and ending September 30, 2000 (Resolution No. R-99-48)."
ROLL CALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 4-0
lRegular City Council Meeting
September 22, 1999
Page Four
TAPE I - SIDE I (7:47p.m.)
ii.
Final Adoption of 1999/2000 Fiscal Year Bu~[get As Amended 9/9/99 - S~ond.R,~0,ding.
and Final Adoption of Ordinance NO, O~P.,9-! (; (Finance Director Transmittal 9/16/99.
0-99-16 ~ amended w/Attached Schedule ,tO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA ADOPTINO THE
BUDOET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDINg3 SEPTEMBER 30, 2000; MAKINO
APPROPRIATIONS FOR THE PAYMENT OF OPERATINO EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND
INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND,
SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMF2qT FUNDS, GOLF COURSE FUND, AIRPORT FUND,
AND MAJOR EQUIPMENT REPLACEMENT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO,
EffrABLISHINO AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUIX}ET; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDINO FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-16 by title.
Mayor Neuberger inquired whether all pay raises are incorporated at the same percentage rate for all
employees and the City Manager said all employees will get the same percentage rate; said he was
not against the MACE program, only questioned why taxpayers pay twice for its services;
suggested funding for MACE come from other than the Police Department budget; expressed his
support for a full-time position for the Airport Manager and inquired whether any plans had been
made for Airport management in light of the pending resignation of Mr. Van Antwerp. The City
Manager responded said plans are in effect to assure all airport goals and objectives are adhered to.
in response to Mr. Barczyk, the City Manager said he had met with Mr. Van Antwerp relative to the
position, and that, m his opinion, there is further study to be done in fiscal year 2000 to determine
management needs before making any adjustments.
Mayor Neuberger thanked Mr. Van Antwerp for his many years with the City.
MOTION by Bishop/Barczyk
"I move to adopt Ordinance No. 0-99-16, adoption of the fiscal year budget for
1999/2000."
ROLLCALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 4-0
Mayor Neuberger noted "as amended with attached Schedule A" and Mr. Bishop concurred.
4
_Regular City Council Meeting
eptember 22, 1999
Page Five
99.143
99.174
12.
13.
CONSENT AGI~NDA
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 ofCi~ Council so requests; in which eveng the item will be removed and acted upon separate~.
A. Approval of Minutes - 9/8/99 Regular Meeting, 9/9/99 Budget Heating
Operation Hope/Fr~om Christian Center Use of Community Center - 10/16/99 - 7:30 pm to
Midnight - Extended Use and Admission Eec Require Council Approval - Police Services Required
(City Clerk Transmittal 9/16/99, Application, R-98-43, Tax Exempt Certificate)
The City Manager read the consent agenda.
MOTION by Bishop/Barczyk
"I move to adopt items A and B of the consent agenda."
VOICE VOTE on the motion carded 4-0.
PUBLIC HEARING
Procedures for public hearings: (R-99-21)
· Mayor Opens Hearing
· ,dttorney Reads Ordinance or Resolution
StaffPresentation
· Public Input - Limit ofTen Minutes Per Speaker
· StaffSummation
· Mayor Closes Hearing
· CouncilAction
Anyone Wishing to Speak is ,qsked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record
Second Read/~g. Public Hearing and Final Adoption of Ordinance No. O-99-1 $ - Manager
Rer~orl$ibility Over Personnel Administration (City Clerk Tr011~IIlittal 8/19/99. 0-99-13)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA, AMENDINO CODE OF ORDINANCES
CHAPTERS 2 AND 26 TO REFLECT CITY MANAGER AUTHORiTY OVER PERSONNEL MATTERS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILrrY; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Neuberger opened the public heating at 7:58 p.m.; and the City Attorney read Ordinance No.
O-99-13 by title and gave a brief explanation of the proposed amendments.
Mayor Neuberger closed the public heating at 8:00 p.m.
5
Regular City Council Meeting
eptember 22, 1999
Page Six
99.189
14.
15.
16.
17.
MOTION by Barczyk/Majcher
"I move to adopt Ordinance No. 0-99-13."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 4-0
INTRODUCTIO. I~ OF N]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
Walter Barnes, 402 Azine Terrace, Sebastian, expressed dismay at the pettiness of complaints made to the
state regarding political sign violations.
Sal Neglia, 461 Georgia Boulevard, Sebastian, on behalf of the Sebastian Property Owners, expressed
sympathy for the loss of Mayor Wininger; commended Jeny Converse and Steve DiTrapano for their work on
a washout on Indian River Drive during off-duty hours; suggested that the city property at the southwest
comer of Main Street and Indian River Drive be improved for use by residents.
Steve DiTrapano, 42 Chelsea Avenue, Sebastian, and CWA spokesman, thanked City Council, City Manager
and committee members for approval of the new employee health services contract which partially
contributes to dependent coverage.
COMMITTEE REPORTS/RECOMMENDATION~
Mayor Neuberger reported on the Beach Committee meeting relative to restoration, PEP reefs, and loss of
turtle nests.
OLD BUSINESS;
None.
NEW [iUSINESS
Re~o!ution No. R-99-49 - Emergenqy Disaster Reserve in General Fund - $350,Q00 (Finance
Transmittal 9/17/99, R-99-49_~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING AN EMERGENCY
RESERVE IN THE AMOUNT OF THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000), FOR THE PURPOSE OF
PROVIDING FUNDS IN THE EVENT OF A CATASTROPHIC DISASTER OCCURRING IN THE CITY OF SEBASTIAN.
6
_Regular City Council Meeting
eptember 22, 1999
Page Seven
The City Attorney read Resolution No. R-99-49 by title.
MOTION by Majcher/Bishop
"I move to approve Resolution No. R-99-49, establish reserve for the general fund in the
amount of $350,000 for catastrophic disaster in the City of Sebastian."
The Finance Director, in response to Mr. Barczyk, stated the $350,000 emergency reserve will stay
in the undesignated fund balance; and will not be used for anything else unless by City Council
approval.
ROLL CALL:
Mr. Majcher - aye
Mayor Neuberger = aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 4-0
99.190
B. Al~l~rove Golf Course Cart Path PrQject (Golf Course/P~ch~ing Transmittal 9/10/99)
The Golf Course Manager responded to questions from Council relative to location and engineering.
MOTION by Barczyk/Majcher
"I move to approve agenda item 99.190 Golf cart path paving project."
ROLL CALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 4-0
99.191
Authorize City Mariner to Enter Into Piggyback Contract from Marti$ County RFP #65-98 with
Karlin Datljcls & Associates for Auction of City Surplus ]~{t~;ipment (Purchasing Transmittal
9/16/99)
MOTION by Majcher/Barczyk
"I move to approve staff to enter into a piggyback contract with Martin County, RFP #65-98
with Karlin Daniels for the purpose of absolute auction of city surplus equipment '
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
MOTION CARRIED 4-0
7
oRegular City Council Meeting
September 22, 1999
Page Eight
CITY COUNCIL MATTERS
Noted he had distributed a pending list to the City Manager and City Council (see attached)
Reco~nded the need for a police officer for traffic control at future Pelican Island Parent
Teacher Day as requested by the school
Paid his respects to Martha Wininger and said he hoped Council could carry on in her
tradition
B. Mr. Bishop -None
C. Mr. Majcher
Requested an update on the Yacht Club dock and the City Manager said staffwas working
on reimbursement by FEMA and as of Monday had arranged to bring in a contractor to
make repairs
D. Mayor Neubergcr
(8:34p.m.)
Mayor Neuberger read a letter of tribute to Martha Wininger, commending her for her
professionalism
Requested City Council input on a special meeting date for selection of a City Council
member replacement
Challenged citizens to participate in the County wide clean up and noted there is a $1000
first prize for the city which collects the most trash which Fellsmere has won for the last two
years
Noted that various trucks are filling up at the City well. The City Manager said he will look
into it
Mr. Majcher requested an update on the refurbishing of the Creative Playground. The City Manager
said he will have Chris McCarthy coordinate with the citizens group.
It was the consensus of City Council to schedule the special meeting for October 6, 1999.
18. Being no further business, Mayor Neuberger adjourned the Regular Meeting at 8:45 p.m.
Approved at the ~~
1999, Regular City Council Meeting.
Chuck Neuber~ //~
Mayor ~ ~
Request For Information, Council Pending List
Attachment 1, is a copy ora previous list sent to you around August 23, 1999. Of
the items, item 6 was listed in your City Council Newsletter of September 10, as being
resolved. What is the status of the remaining listed items. Per our conversation,
attachment 2, consists of items discussed at our July 7, meeting that are still pending
actions by staff. Pleased advised the council of the status so that they may be taken off
the pending list./
1. 96.021, 2/'14/96 Agenda, amending Airport Field Rules Section V- Parking and
License Form. City Manager on 10/02/96 reported notices still required to go out. On
7/7/99, the item remained on the list, pending City Manager review and impute.
2. R96.131, 6/10/99 Agenda, refine Code Re: City Council Expenses. Staff on
9/28/96 directed to bring back ordinance resolution. Action referred to City Attorney on
7/7/99 for action.
3. R97.250, 10/22/97 Agenda, bench advertising. Action referred to & Staffon
&/&/99 for action.
4. R97.060, 1/22/97Agenda, Develop Plan of action to addressed Louisiana
Avenue from Main Street.etc. On 7/7/99 agenda, Staff to r-view and come back as to
what plan of action to be develop or taken.
5. R97.051, 1/12/97 Workshop, Park
previously drafted park use policy ordinan~
~.rk to provide
6. R98.22'1, 12/16/98 AI~~'
Attorney to draft resolution.
7. R98.075 3/2:,
workshop, City Manager t,
8. R98.042 Agenda,
7/7/99 workshop. Staffto come
9. R99.131 6/9/.99 agenda,
Council advised that Staff working on,
10. R99.106, 5/5/99 Workshop, CI~
Attorney to obtain Port St. Luicie Ordinance~
clear-cut.
workshop, City
7/7/99
,tions.
~I~9 workshop
/Oh 7/7/99 workshop, City
~o/clear undergrowth, but not
I !. R99 103, 4/29/99 Agenda, Use of Filbert Street Property. Committee to be
formed bring back recommendation to Council. Workshop of 7/7/99, Staff surveying the
property will come back to Council with recommendations.
Request For Information, Council Pending List
12. R99.099.4/29/99 Agenda, Resolution 'No. 99-29 Tested Trade 7/7/99
workshop, pending Staff inquiry as to repercussion of passed legislation.
13. R99.080, 4/14/99 and 6/23/99 Agenda, Extension BellSouth Temporary
Communication Facility.
14. Quarterly Forum, 7/28/99 and prior Citizen impute, Citizens/City Suggestion
Program.. Log to be kept t City Hall and Council Chamber, for Staff/Citizens impute.
Council approved it, City Manager to develop and implement.
The above are items that are still on the pending list. Pleased advise the
Council that actions can be taken to remove the items from the pending list. Hopefully
these items can be quickly resolved.
~ S
City Clerk
To:
Status Citizens Letters, and Complaints
City Manager
The following items were received or reported to the Council during the pasts
months by the Citizens of Sebastian. In order to save time at the Council meeting request
the status of the following.
1. Letter dated March 22, to CM, subject; Tree Protection/Permits/Penalties.
Letter concern the cutting and grading of lots on Thunderbird Drive.
2. Letter received Apr. 6, Complaint against air traffic in the Main St.-Fleming
Letter written by Mr.& Mrs. McPherson, 322 Banyan St.
3. Letter dated Apr 8, to Growth Management Dir., subject: Vickers Grove
Sand mine. Letter by Carolyn Corum, 881 Dolores St.
Letter dated Apr.28, to CM, Building Depart, Dir., subject land clearing
article as stated in Prerss Journal on April 28. Growth Management Dir.
forwarded a letter to the firm on Apr 22. No reply to Mary Ann Shaw
or Council of followed up actions.
Letter dated June 11, to City Council, subject: Water Fountain Schumann
Drive. Article that appeared in Press Journal, quoted City Staff as saying
it being worked on. Per council meeting, staff informed council the project
is in the process. Letter by Lillian Shaffer, 358 Concord Ave.
Letter presented to the Council, July 28, by concern citizens as to speeding
on Englar Dr. Action referred to City Engineer to survey the intersection
for possible three way stop signs.
7. Letter dated August 4, to City Council/City Manager, subject: Sand mine
off Skyline Lane. written by Mr.. & Mrs. Roessler.
The reason fbr this request is to remove pending actions from my files and the
City listing of pending actions.
Joe Barczyk
CC City Council
City Clerk
ExemptioDs shall be allowed as Provided in Chapter ~Q~ Florida
$~atutes, as it may be amen~ Dy the Florida Legislature.
Sec. 24 3/4-18. ·General Business
There is hereby created a new general business classification
to replace all previous or existing classifications. Every person
engaged 'in a business in Martin County shall pay a license tax of
twenty-five dollars ($25.00). This will include every person
engaged in the practice of any profession, who offers his service.·
either directly or indirectly to the public for a consideration,
whether or not such endeavor be regulated by law, Every person
engaged in a profession, business or occupation regulated by law
where licensing and qualification standards are required shall
display and exhibit to the tax collector the license for the
current year prior to the tax collector issuing' an occupational
license pursuant to this chapter. An_og=q,upationa~;~i,~q~s~'~%shall
~not-~.De~req~-ire~:;wh~re ~a~PersOn ~:{~:a~nougn~;3~l~lcensed ~"'Dy-~law under a
ulatory.~ statute;~ ',is~.3prphlbxte~from.'..engaging :..1~ ~'~-~ pr°f~Ss ion
~uslness~.?~occupat,ioh~unless~-'~,under~the~'dfrect.~..supervision ~ of'
~anoth~er_person,~.individual~or=corDorat.ion'~.;~' Every individual or
group of individuals who operates a branch office, or any
professional corporation which operates an office In which a
profession is practiced, shall license each office in which the
profession is practiced.
Sec. 24 3/4~. Pa~brokers.
~. 434, ~wnbr~k~r~ -
Etruek throHgh
added.
passages·are deleted; Underlined passages are
~14-
OReKI I 2_ 7 PS1 6 7 9
To
From
Re
Date
Appeal
City Manager, Sebastian, Florida
Realtors Association of Indian River County
Occupational license assessment for real estate salespersons and
broker/salespersons.
September 1, 1999
Issue
The City of Sebastian charges individual real estate salespersons (and broker salesmen)
an occupational license fee of $60 per year. [0-95-11 ]
Request
Pursuant to Sec. 30-30 Disagreement as to classification; appeal. The Realtors
ASsociation of Indian River County requests an exemption for salespersons and
broker/salespersons from the occupational license fee since they are precluded by Florida
Statute from working independently; they must work under the supervision of a licensed
broker. ~'
Background
F.S. Chapter 475 regulates real estate licenses; there are three levels of real estate
licensure: F.S. 475.01 Definitions. --
(c) "Broker" (principle business owner - we take no issue with fee for broker)
(d) "Salesperson" means a person who per. forms any act specified in the definition of
"broker," but who performs such act under the direction, control, or management of
another person. A salesperson renders a professional service and is a professional
within the meaning ors. 95.11(4)(a).
(e) "Broker-salesperson" means a person who is qualified to be issued a license as a
broker but who operates as a salesperson in the employ of another.
Discussion Points
1. Real estate salespersons (and broker/salespersons) are employees of the broker and
they may not operate their own business.
FS. 475.01 (2): The terms "employ," "employment," "employer, "and "employee"
when used in this chapter and in rules adopted pursuant thereto to describe the
relationship between a broker and a salesperson, include att independent
contractor relationship when such relationship is intended by and established
between broker and a salesperson. The existence of such relationship shall not
relieve either the broker or the salesperson of his duties, obligations, or
responsibilities under this chapter.
F.S. 475. 42 Violations (1)(b) "no person licensed as a salesperson shall operate
as a broker or operate as a salesperson for any person not registered as his
employer." Note: Salespersons are often employed as salaried personal
assistants.
2. Salespersons working for a broker whose office is physically located within the City
limits are charged an occupational license while their counterparts in other local
jurisdictions (most of which do business within Sebastian) are not charged.
a. Indian River County: charges broker only; salespersons are not charged
b. Veto Beach: charges broker only; salespersons and broker/salespersons are not
c. Martin County: charges broker $25; brokerage office $25; salesperson not
charged
d. Stuart: charges brokerage firm $100; broker $100; salesmen $25
3. How does Sebastian identify real estate licensees within Sebastian? Does the City use
the DBPR list? How does it determine who works in Sebastian? O-95-11 Sec. 30-36 Evidence of engaging in business.
The advertisement of any business by sign, newspaper, magazine, telephone
listing, or other public notice shall be conclusive evidenceeof the engaging in and
carrying on of the business in the city so advertised.
It is our point that visual identification is not an accurate or equitable assessment
of all real estate licensees who operate within Sebastian.
a. According to DBPR records, there were 2,405 salespersons licensed in Indian
River County as of August 30, 1999.
b. The DBPR list shows real estate licensees by county under their home
address; the information does not indicate where licensees work.
A Sebastian address does not mean the licensee works in Sebastian, or
that non-Sebastian residents don't work in Sebastian.
a broker can work independently from his/her home without an
established office location.':"
Proposed Suggestion
1. Amend Sec. 30-37. Exemptions. To add:
"An occupational license shall not be required where a person, although licensed by law
under a regulatory statute, is prohibited from engaging in a profession, business or
occupation unless under the direct supervision of another parson, individual or
corporation."
(This criterion does not give preferential treatment to real estate licensees above any
other professions that might be similarly affected.)
2, Amend Sec. 30-36 to require use of DBPR records to identify all regulated
professionals.
1999 City Council lV~..eting~ £$object to Change):
Spe¢ial Meeting r Wednesday,.. 1/20/99. -.'7 pm
.t~e, ul~e'~t#,g:,,'~, W~ei'd~),' 1/:'?/99'- ? pm
Regu'lar,,.MCetlOg ~,W. ednesday.' 2/10/99 - 7pm
~t;g.~'gbtfiii',Z~?itn,,sday. 2n 7/99 -, 7 pm
R;g;iai!,'Mebtlng -,,ff' ednesday, 2/2 4~9.,~17 pm
Regblar Meetfftg'Z'We~nesday, 3/10/99. ~ 7pm
$lie~ial Meeting - Monday. 3/15/99 - 7 pm (Election Mattera9
Sp~cial Mee~ing ~uasi~utliciaO, 3/17~9 - 7pm
R~kld~ Me~ting ~ Wednesd~, 3/24~9.- 7pm
Sg&,~lfil'~i[h~g*~'O~ientation- Tuesday. S/3~99- 9 am
Regular Me~ting - Wednesday, 4/1.4C99. ~ 7 pm
~c.#al.'l~b~tt. nR (2~lanager Intervtew,)- ~aturday, 4/24/99 - 9 am
"R~ff~t'i[i"r Meeting - Wednesday, 4/28/99- 7 ptn
RegU la~:,~,Iib't~ng"; We'dnesday, 5/12/99- 7 pn,
Spt, cial Meeting.and lt(ishlist Wt~rkshop- We&u:sday, 5/19/99- 7 ptn
Regu~r~l~ettng- Wednesday 5/26~9- 7pm
Rbgida~'tf, le~l'ng ~' Wednesday. 6/9/99 - 7pm
Regula,! Me'eti,Cg ,:Wednesday. ~23/99 - 7pm
,,,Wish List - 7t,m
Reghlar Mebting - Wednesday, 7./]4/99- 7 pm
W. o~hop'..)41arm & Exetnpt Salaries - 7pm
Rt,~Ular Meeting - Wednesday, 7/~8,t99 - 7pm
WodCsho'p'-~"Budget- Wednesday, 814/.99 - 7pm
Regular MeetOtg- Wednesday. &'l 1/99- 7pm
Workshop - Budget r Wednesday, 8/18/99 - 7 pm
Regular Meetittg - Wednesday. 8/25/99 - 7 pm
Regular Meeting , 'Wednesday, 9,/8/99- 7pm
sp~¢iai.Meeting- 1st Budget Ilea,'~ng'- Thursday, 9/9,90- 7pm
Regular ~.lecting/2nd ]~udget lteai, ing- Wednesday. 9/22/9.9 - 7 pm
Workshop (Charter) - Wednesday, 9/29/99 - 7 pm
Special Meeting (Council Selection) - Wednesday, 10/6/99 - 7pm
Regular Meeting - Wednesday, 10/13/99- 7pm
Regular Meeting - Wednesday, 10/27/99- 7pm
Regular Meeting - Wednesday, 11/3/99- 7pm
Regular Meeting - Wednesday, 11/17/99 - 7pm
Regular Meeting - Wednesday, 12/1/99- 7pm
Regular Meeting - Wednesday, 12/15/99- 7pm