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Home My WebLink About11162005 .....:<F CRY OF .... . " ..- " ~ (iiL~ 4:"", "- :'_ "' ,<<".?s .t",,,,~~ -- --~~- ~- ~ " , "''' ' '" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 16, 2005 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the regular meeting to order at 7:00 p.m. 2. Mayor McCollum led the Pledge of Allegiance. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Police Chief, Jim Davis Police Lt., Bob Lockhart Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Finance Director, Shai Francis Acting Growth Management Director, Jan King Zoning Technician, Dorri Bosworth Public Works Director, Terry Hill MIS Systems Analyst, Barbara Brooke Regular City Council Meeting November 11, 2005 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-05-26) Mayor McCollum requested addition of Resolution No. R-05-46 FEMA reimbursement agreement as item 7 J; an addition to item 6B for direction to the City Attorney to draft a resolution relative to Commissioner Wheeler's presentation; and removal of item 12A Memorandum of Understanding. On a MOTION by Ms. Coy, and SECOND by Mr. Neglia the agenda was amended as stated on a voice vote of 5-0. 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS 05.003 A. Certificate to Emplovee of the 3rd Quarter - Dorri Bosworth, Zoning Technician - Growth Management Department Mayor McCollum presented the certificate to Dorri Bosworth and applauded her commitment and hard work. 05.225 B. Commissioner Gary Wheeler, Indian River County Board of Commissioners - Presentation Regarding Urban Service Legislation Indian River County Commissioner, Gary Wheeler presented a request for Council support for legislation to require that the County urban service area be changed only by the vote of the citizens of Indian River County (see powerpoint presentation attached). He advised Council that the County Commission did not support the legislation. Damien Gilliams, 1643 US Highway One, recommended against the necessity for taking this issue to voters, and said it needs more time for review, stating it will stagnate the County's economy and growth. Commissioner Wheeler said we are asking the voters to decide their future; and read from County minutes relative to the issue. The City Attorney said he has reviewed the research on this issue, and there are some concerns he has. First, it must be remembered that the urban service area is a county issue and not a municipal issue, and does not apply to cities. The act says if the City annexes land beyond the urban service area, the City's zoning power is given over to the County, and as an example if the City ever intended to construct a sewage plant outside of its current boundaries it would be prohibited from doing so without a referendum which would have to be countywide and not limited to city voters. Mayor McCollum said the urban service area has been in place for years, and this Council has stated it wants to control growth. He further said the City tried utilities once and did not do well, if the urban service area is expanded County 2 Regular City Council Meeting November 16, 2005 Page Three taxpayers would have increased taxes for services necessary in the expanded area. In response to Mr. Burkeen, Commission Wheeler said 17 other counties have charters which presumably would allow something like this; and that he was going before the legislative delegation at the end of this month and was attempting to bring City support to the delegation. Mr. Burkeen said this Council ran on growth issues and concurred with the idea. Ms. Coy applauded Commissioner Wheeler's efforts, said the County can more than double its size within the existing urban service area, and the voters have common sense. Mr. Neglia said this Council ran on no more annexation, that he knows the voters will vote sensibly, and would support this effort. Ms. Monier said she thinks this is a huge decision and does not want to be rushed, and would need more time on an issue of this magnitude. On MOTION by Mr. Burkeen and SECOND by Ms. Coy, the City Attorney was directed to draft Resolution No. R-05-47 to support the legislation and the Mayor was authorized to execute it on a roll call vote of 4-1 (Monier - nay). 7. 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. 05.038 13-67 B. Approval of Minutes - 10/26/05 Regular Meeting Resolution No. R-05-43 - 4th Quarter Budget Amendment (Finance Director Transmittal, R-05-43, 4th Quarter Budget Review Memo, Reimbursement Status Reports, Capital Projects Status Reports, Schedule of Investments, 4th Quarter Accomplishments & Operating Statement FY 05) 1-12 A. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 05.217 69-73 C. Airport Security Quarters - Approve Contract Between City of Sebastian and Central Mobile Homes, Inc. to Install Mobile Home for Security Officer at Sebastian Municipal Airport in the Amount of $100,075 (Airport Transmittal, Security Quarters Info, Quote) 3 05.218 75-77 05.219 79-80 05.220 81-87 05.221 89-100 05.222 101-104 05.223 105-108 new Regular City Council Meeting November 16, 2005 Page Four D. Airport Security Upgrades - Approve Contract Between City of Sebastian and Security One Systems to Provide Access Control and CCTV for Sebastian Municipal Airport in the Amount of $296,562.04 - Sole Source (Airport Transmittal, Proposal from Security One) Award Contract for Removal of Navigational Hazards from Indian River Lagoon to Low Bidder Sebastian Tow Boat & Salvage of Grant in the Amount of $12,500 w/Funds Appropriated from Prior Fiscal Year FEMA and State Reimbursements (PW Transmittal, Bid Tabulation) E. F. Approve the Trade-in of Ford Tractor and Toro Reelmaster 2230 to Purchase Two John Deere 717 A Mini Ztrax Mowers from Everglades Farm Equipment in Ft. Pierce Under State Contract in the Amount of $7,618.50 (Public Works Transmittal 11/1/05, Quote, Evaluation, Info) G. Award Contract to Mudrak Engineering for Splash Pad at Riverview Park in Amount of $198,000 (Public Works Transmittal 11/8/05, Picture, Bid, 'Layout) H. Approve Treasure Coast Crafters Club Craft Show at Riverview Park on December 17 and 18, 2005 from 9:00 a.m. until 4:00 p.m. (Public Works Transmittal 11/8/05, Application, Info) I. Approve AlB Request for Benefit Fundraiser at Community Center on 11/19/05- Proof of Age Verified (PW Transmittal, Application and Receipts) Resolution No. R-05-46 - FEMA Reimbursement (added to consent agenda) J. Mr. Neglia removed items C, E, G, and I. Ms. Monier removed item H. On MOTION by Ms. Monier and SECOND by Mr. Burkeen items A, B, D, F, and J of the consent agenda were approved on a roll call vote of 5-0. Item C - Airport Security Quarters Mr. Neglia expressed concerns about the need for security personnel living on the site. Russ Owen, Sebastian questioned costs. On MOTION by Mr. Burkeen, and SECOND by Ms. Coy, item C was approved on a roll call vote of 5-0. 4 Regular City Council Meeting November 16, 2005 Page Five Item E - Removal of Navigational Hazards from Indian River Lagoon In response to Mr. Neglia, Chief Davis said a submerged sailboat will be removed. On MOTION by Mr. Neglia and SECOND by Mr. Burkeen item E was approved on a roll call vote of 5-0. Item G - Contract to Mudrak Enoineering for Splash Pad at Riverview Park The City Manager described the proposed locations of the splash pad items for Mr. Neglia and requested approval for the purchase tonight, noting it was possible to select a location at a later time. Side 11, Tape I, 8:02 pm Mr. Neglia said he would like to hear from Council tonight on the location and said he liked option A. Mayor McCollum and Mr. Burkeen agreed with option A. Ms. Monier said she liked option C because it leaves more space for event parking. Ms. Coy said this is not quite what she envisioned, and realized the cost difference between what the City of Vero Beach paid and what the City is going to pay. She favored option A as it is. On MOTION by Mr. Neglia, and SECOND by Ms. Coy item G with option A was approved on a roll call vote of 4-1 (Monier - nay) Item H - Treasure Coast Crafters Club Craft Show at Riverview Park Ms. Monier said we already have nice events conducted by local people, and Council needs to revisit park rates. The Parks Superintendent said this is a small group that has used the park for two years. Beverly Grant, Treasure Coast Craft Club, said she had booked this park back in June, and then heard that they may not be able to use it, have looked for another place and have found everything to be booked. She asked that they be allowed to use it for this one show. On MOTION by Mr. Burkeen and SECOND by Ms. Coy item H was approved for this year on a roll call vote of 5-0. Item I - Benefit Fundraiser at Community Center Mr. Neglia questioned time limits for use of the Community Center and it was noted that there was an eight hour limit at one time but this did not exceed that. He suggested that the Police Department patrol this area during the event. 5 Regular City Council Meeting November 16, 2005 Page Six On MOTION by Ms. Coy and SECOND by Mr. Neglia item I was approved on a roll call vote of 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 05.070 109-118 A. Code Enforcement Board (City Clerk Transmittal, Code, Two Applications, Board List, Ad) i. Interview, Unless Waived, and Submit Nominations for One Unexpired Regular Member Position, Realtor (as far as practical) with Term to Expire 311/2008 Mayor McCollum stated for the record that a verbal request from Code Enforcement alternate, David Johns had been submitted for consideration for the regular member position. City Council interviewed Mr. Enderlein. Mr. Fischer was not present. Mr. Johns was present and did not add anything to his application. Mr. Neglia nominated Mr. Johns, and being no other nominations, Mr. Johns was appointed. Fill Alternate Position vacated by Mr. Johns Mr. Burkeen nominated Mr. Enderlein for the alternate position. Mr. Neglia nominated Mr. Fischer for the alternate position. Mayor McCollum - Mr. Enderlein Mr. Burkeen - Mr. Enderlein Ms. Coy - Mr. Enderlein Ms. Monier - Mr. Fischer Mr. Neglia - Mr. Fischer Mr. Enderlein was appointed for the alternate position. 05.013 119-140 B. Planning & Zoninc Commission (City Clerk Transmittal, Code, Five Applications, Board List, Ad) i. Interview, Unless Waived, and Submit Nominations for One Expired Regular Member Position to Expire 11/1/2008 The Mayor stated for the record that applicants Damien Gilliams and AI Paternoster had withdrawn their applications. City Council interviewed Mr. Kidde. Mr. Allocco had nothing more to add. Mr. Simmons was not present. Ms. Coy nominated Mr. Kidde. Mr. Burkeen nominated Mr. Allocco. 6 Regular City Council Meeting November 16,2005 Page Seven Mr. Burkeen - Mr. Allocco Ms. Coy - Mr. Kidde Ms. Monier - Mr. Kidde Mr. Neglia - Mr. Allocco Mayor McCollum - Mr. Allocco Mr. Allocco was reappointed. 05.019 C. Temporary Environmental Advisory Committee (no backup) Trish Adams, Chairperson, and Pat Beckwith, member, addressed City Council on the following: i. Request Support for Environmental Specialist Position ii. Request Standing Column in Pelican Brief iii. Request Approval of New Homeowner letter/Packet iv. Request Approval of Environmental Slides on Channel 25 Ms. Adams presented a sample slide. Ms. Beckwith read a letter prepared by the Committee into the record as an example of what they would like to include in the homeowner packet. She requested approval to move forward and bring back the packet for future Council approval. Mr. Burkeen applauded the committee's efforts. Ms. Coy said the letter is great, but cautioned that developers pull the permits. Ms. Adams said she would like to see a condition that the homeowner be given the packet. Mr. Neglia said he was concerned about people watering at night. Mayor McCollum said it would be difficult at this time to address the specialist. He said he noticed there are lots of recommendations about trees and landscaping and perhaps those recommendations be brought to the Tree and Landscape Board. He said he had no problem with the other recommendations. It was noted that the City does have a water restriction in place. Side I, Tape /1, 9:13 pm 05.181 141 D. Tree and Landscape Advisory Board (Tree Board Memo) i. Report - Rescheduling of Champion Tree Prooram to 12/10/05 at City Hall Courtyard Mayor McCollum stated for the record that the program would not take place on December 10, 2005 and was being rescheduled once again. 7 Regular City Council Meeting November 16, 2005 Page Eight Mayor McCollum called recess from 8:53 pm to 9 pm. All members were present. 9. PUBLIC HEARING 05.204 143-152 A. Ordinance No. 0-05-20 - Annexation - 3.3 Acre Site - NW of CR 512 and CR 510 Intersection - S & S Enterprises. Inc.lFLP #2, LLC (GMD Transmittal 11/8/05,0-05-20, Letter. Map. FS171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, NORTH OF COUNTY ROAD 512 AND SOUTH OF THE TRANS-FLORIDA-CENTRAL RAILROAD BEING A PART OF SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38 EAST; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 11/2/05) The City Attorney read the title and Mayor McCollum opened the public hearing at 9:02 p.m. Mayor McCollum said he had heard about concerns about right-of-way settlement with Indian River County during the first hearing on this ordinance, and reported that the County is still awaiting a resolution of the matter. He suggested that the public hearing be opened and continued to the next regular meeting if it is Council's intention to clear this issue up before this annexation takes place. Ms. Coy said she would like to hear from other members first. Mr. Neglia said he had been told by Mr. Moia that the right-of-way would be given over to the County. The City Manager said it was his opinion that the right-of-way issue is a County concern and Council can weigh the County's concern in the decision to annex. He stated the road will be resolved but the time table is not certain. Bruce Moia, representing S & S Enterprises, said for the record, that the owner will donate and dedicate the twelve feet of right-of-way that the County needs for the expansion of CR512. Mayor McCollum asked if he would dedicate the right-of-way within thirty days, noting once the annexation is approved it can't be undone and site plan review could take 2-3 years delaying the expansion of CR512. Mr. Moia said he would provide the appropriate documents to the County within thirty days and put it in the County's court to do what has to be done to obtain the right-of-way. The City Attorney read Ordinance Nos. 0-05-21 and 0-05-22 by title and Mayor McCollum opened the hearings on the two ordinances. On MOTION by Mayor McCollum and SECOND by Mr. Burkeen public hearings on Ordinances 0-05-20, 0-05-21 and 0-05-22 were continued to December 14, 2005 on a roll call vote of 4-1 (Monier - nay). 8 Regular City Council Meeting November 16, 2005 Page Nine Tape II, Side 1,9:13 pm 05.204 153-170 05.204 171-187 05.135 B. C. D. Ordinance No. 0-05-21 - Small Scale Comprehensive Land Use Plan Amendment - 3.3 Acre Site - NW of CR 512 and CR 510 Intersection - S & S Enterprises. Inc.lFLP #2. LLC (GMD Transmittal 11/8/05, 0-05-21, Map. Report, Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF GENERAL COMMERCIAL FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAL INDUSTRIAL (C/I) FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, SITUATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF COUNTY ROADS 510 & 512; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (PJ Ad 11/2/05) Ordinance No. 0-05-22 - Rezoning - 3.3 Acre Site - NW of CR 512 and CR 510 Intersection- S & S Enterprises, Inc.lFLP #2, LLC (QUASI-JUDICIAL HEARING) (GMD Transmittal 11/8/05, 0-05-22, Map. Report, Recommendation. Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS LIMITED COMMERCIAL (CL) FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, SITUATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF COUNTY ROADS 510 & 512; PROVIDING FOR REPEAL OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 11/2/05) Ordinance No. 0-05-18 - Tree and Landscaping as Revised from 1st Reading (City Attorney Transmittal. 0-05-18) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE ARTICLE XIV TREE PROTECT/ON AND LANDSCAPING; TRANSFERRING TREE BOARD PROVISIONS TO CHAPTER TWO; AMENDING LAND DEVEOPMENT CODE ARTICLE XXII LANGUAGE AND DEFINITIONS; PROVIDING FOR CONFLICTS; SEVERABILITY AND EFFECTIVE DATE. (PJ Ad 11/2/05) The City Attorney read the title and Mayor McCollum opened the public hearing at 9:13 p.m. Damian Gilliams, 1623 US 1, Sebastian, inquired about the appeal process. The City Attorney responded there is an appeal process with a ten-day time limit on administrative decisions by the City Manager. On MOTION by Ms. Coy and SECOND by Mr. Burkeen Ordinance No. 0-05-18 as revised from the first reading was adopted on a roll call vote of 5-0. 9 Regular City Council Meeting November 16, 2005 Page Nine 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occu"ed or was discovered within the previous six months which is not otherwise on the agenda Walter Barnes, Sebastian said that twice in the last two years there have been actions of Council to establish a mooring area and asked if the City can take action to have boats not allowed in the area to leave prior to a hurricane; and asked about a city lot in his neighborhood that was slated to be a park, which was cleared after Wilma and now he has been told funding for the park was eliminated; and asked for the status of tree and brush removal. The City Manager said debris pickup was underway with Waste Management and city crews and it should be completed in about three weeks, cost will be approximately $50,000. The City Manager said he instructed crews to go out and clean trees on the lot discussed by Mr. Barnes; said he is aware of concerns about mooring, and that he intends to pursue it and report back to Council. The City Attorney said the mooring issue is complicated because it is covered by maritime law, but the City can require people to tie in if it has a mooring field. He said local regulatory agency personnel had expressed concern about the environment but it has been found that it is better for the environment to have permanent mooring. The City Manager said he would get with the Public Works Director about keeping the sand down on the lot Mr. Barnes discussed. The City Manager said the City will collect larger pieces of debris but Waste Management will not. Damien Gilliams congratulated Rich Stringer for a great clambake festival. He said when the funds go outside the city that maybe some of the funds can be recouped to pay for the city's expenses for sponsoring the clambake. 11. OLD BUSINESS 05.194 207-213 A. Chamber of Commerce Lease (City Attorney Transmittal 11/9/05, Lease) The City Attorney reviewed provisions of the proposed lease agreement, noted the Chamber had agreed with 50 years rather than 99 years, said he had distributed a Schedule A legal description depicting the building footprint an additional ten feet of porch and five to ten feet of yard. (see attached) Beth Mitchell, Executive Director of the Sebastian River Area Chamber of Commerce, distributed materials (see attached) and made a brief presentation to Council. 10 Regular City Council Meeting November 16, 2005 Page Eleven Mayor McCollum said this is a very valuable property and is taking money off the tax rolls to the City and recommended that there be a reduced fee for Sebastian business members. Ms. Mitchell responded to questions from Council regarding member fees, other chamber leases. The City Attorney, in response to Ms. Coy, said his best recollection is that if they build a new building on the north side, the decision would have to be made by 2007, permits pulled by 2008, built by 2009, and have a 50 year lease. The City maintains the right for boat parking on east side and the City would get the south side back. If the Chamber decide not to build new building, then they get a 25 year lease on north building with renovation requirement, and they maintain south side for potentially 12 more years. Ms. Coy said the drawings are very attractive to her and said, though she wishes we were getting a little bit more money, she would like to get the north property back, and the south property would be renovated sooner. Mr. Neglia said he would like porches on the north, east and west sides; and expressed concern about parking. The City Manager said the whole north side can be used for parking if it is returned to the City and there will be more flexibility when we begin the Main Street improvement. Mr. Neglia said the boat trailer parking should remain and expressed concern for Pelican Pub parking. Beth Mitchell said the grant will be used for the renovation process. Ms. Monier said the renovation will be an enhancement to the area, and that Chamber members donate their time and money for the City's benefit. Beth Mitchell said the Chamber would not know until late spring or summer whether if would receive grant funds for the renovation. She said if the grant is not received, there is currently money in the building fund and they will seek a line of credit. . Mr. Neglia recommended a five year limit to begin the renovation be added to the lease agreement. Ms. Coy agreed with a clause in the lease. The City Attorney suggested requiring permits within five years and renovation within seven years. Attorney Van de Voorde said this amendment would have to be brought back to the Chamber Board. 11 .If 05.200 215-220 05.215 221-225 05.224 227-228 Regular City Council Meeting November 16, 2005 Page Twelve Peter O'Brien, incoming Chairman of the Chamber Board, said the Chamber wants to do this renovation and this should not be in question. The City Attorney recommended article two be changed to say "north, west and east frontages;" owner will cooperate in permitting and application process for grants; notwithstanding provisions of article 21, if renovations in accordance with exhibit I (the drawing) are not permitted within 5 years and completed within 7 years, the terms of the 1997 lease shall go back into effect; and article 22 except as otherwise specifically provided in this section and article 2, this lease shall supercede. . . . In response to Ms. Coy, the City Attorney was directed to add these timelines shall be extended in the event of an act of God or force majeure. On MOTION by Mr. Neglia and SECOND by Ms. Coy Council extended the meeting to 11 pm by a voice vote of 5-0. On MOTION by Ms. Coy, and SECOND by Mr. Neglia Council approved the Chamber of Commerce lease with provisions as stated by Mr. Stringer on a roll call vote of 4-1. (McCollum - nay) 12. NEW BUSINESS A. Memorandum of Understandino Between National Center for Hydrooen Research at Florida Institute of Technolooy and City of Sebastian (City Manaoer Transmittal 11/8/05. Memo of Understanding) This item was removed from the agenda under Agenda Modifications. B. First Reading of Ordinance No. 0-05-23 Community Redevelopment Advisory Committee - Schedule 2nd Reading and Public Hearino for 12/14/05 (City Clerk Transmittal 11/7/05. 0-05-23) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 78, ARTICLE III, PLANNING: REDEVELOPMENT TO ABOLISH THE COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title. On MOTION by Ms. Monier and SECOND by Mr. Neglia Ordinance No. 0-05-23 was passed on first reading and public hearing set for December 14, 2005 on a roll call vote of 5-0. C. Resolution No. R-05-44 - Dead End Streets (City Attorney Transmittal 11/9/05, R-05-44) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, CREATING TRAFFIC CIRCULATION STANDARDS FOR SUBDIVISIONS TO ELIMINATE DEAD-END STR~ETS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 12 Regular City Council Meeting November 16, 2005 Page Thirteen On MOTION by Mr. Burkeen and SECOND by Ms. Coy Resolution No. R-05-44 was adopted on a roll call vote 5-0. 13. CITY ATTORNEY MATTERS The City Attorney reported on the Clambake Festival and described the terms of the Clambake Foundation agreement. 14. CITY MANAGER MATTERS 05.226 A. Airport Administration Building Update with Holland Builders The City Manager explained the November 30th deadline will not be reached and stated the new deadline is December 31st with construction completed by April 1st . He further explained that he will seek liquidated damages if the deadline is not met. On MOTION by Mayor McCollum and Mr. Burkeen, Council directed the City Manager to proceed with liquidated damages for Holland Builders as of January 1 st on a roll call of 5- O. Reported that a preliminary contract in the amount of $4,800.00 was executed with Neel- Schaffer to draw up plans for the Main Street realignment. Reported that in response to Council, the Gables added t-turns to their site plan and he was checking if this could be approved administratively. He cautioned residents not to bring out any more hurricane debris because the City is tracking streets already cleared. 15. CITY CLERK MATTERS Invited participation in the Holiday parade on December 3rd at 6:00 p.m. 16. CITY COUNCIL MATTERS A. Mayor McCollum Reminded everyone of the Joint workshop with Indian River County tomorrow from 2-4 p.m. Requested dogs in parks be added to the 12/14 agenda. Directed the City Manager to conduct an audit of the new building and write down everything that needs to be fixed so that repairs can be done before warranties expire. Stated decisions need to be made in the near future regarding cemetery lot sales. 13 Regular City Council Meeting November 16, 2005 Page Fourteen B. Mr. Burkeen Commended the Mayor for the way he runs the meetings and allowing public to speak C. Ms. Coy Commended the Gables' developer for listening to Council and amending the site plan. She requested a copy of Mr. Schulke's letter be given to the gentleman who filed appeal. D. Ms. Monier Stated the Firehouse Garage needs to have a code enforcement visit. E. Mr. Nealia Reported that he attended the Council of Public Officials meeting this morning and the council would like the City to join a proposed IRC league. Discussion followed on benefits the City would receive and though there was no vote, the general attitude was that Council was not interested. Reported that on 10/22/03 Chief Davis introduced Operation Clean Street and asked what actions have taken place regarding the program. Reported that he receives calls regarding the barge at Squid Lips being a problem. Said he would be discontinuing his Saturday meetings. Wished everyone a Happy Thanksgiving and to remember the servicemen around the world. Ms. Coy recognized Damien Gilliams and he stated that he wouldn't be able to make the appeal on December 14th and asked for postponement until January. The City Manager advised Council that the appeal can be pushed off as long as the City Attorney agrees but the further the appeal is pushed, it would be better to just re-submit the plan and pull the appeal. This was not an agenda item, the Council did not have authority to take action. 17. Being no further business, Mayor McCollum adjourned the regular meeting at 11 :00 p.m. Approved at the 12/14/05 Regu/ar City Council Meeting. ~# Nathan B. McCollum, Mayor ... 14 c ;:c "1J~ ~2 UlUl m 2m ~~ ~~ ~n Om 2)> ;:c m )> ~~~~.~~ c ~ .v~ Q..~ ~ ~ ~ ~ ~~ :-s ~ ~ _. ~ ~ ~i'.l~~i'.l~ r.,;, .. $S' :-s ,F:l.. ~ ~ ~. ~~. ~ - r;t- ~ ~ r.,;, c -. :-s _ ~ ~ ~ ~ ~~. :-s ~ ~ ~ -. ~ ~ ~-..~:-s~~ ~ -. ~. ~ ~ ~ ~:-s~~~~ ~ ~ ~- ~. ~ ~. ~ '0 ~ ~ ~ ~. 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OJ ,..... - 0 -- c: -- c: :J ...... 3 ..., -- CD OJ z CD CD - tn CD -i 0 -i \C CD 0 < ::r OJ CD OJ ...... -- n 3 ...... 0 0 ::r 0" )> ::J OJ CD -0 0 :J ..., "'C \C ..... - :J -- CD N CD CD c 0 tn 0 0 .-v Ul 0\ )> ::J g - OJ ~ 0 m ...... c: ::J 0 ::J c.. ....... c.. 0 ::J OJ' - ..., c.. ~ tn -- OJ CD :J SCHEDULE "A" Begin at the southeasternmost point at which US Highway 1 and Main Street in Sebastian, Florida, intersect, then run east 110 feet along the right-of-way for Main Street, thence run southward in a line parallel to the right-of-way of US Highway 1 for a distance of 100 feet, thence run west in a line parallel to the right- of-way for Main Street until intersecting with the right-of-way line for US Highway 1; thence run northward along said right-of-way line for US Highway 1 to the point of beginning. " 1/ f l 1 rJ I , \ ", '- \. \. '~~ ... , 'L \ , '. ~~.V! -.......-' ~ ~ f: .. ~ < e . · te~r.i: ~ = == -- ~~U.- == ~ Ct-l =.! ===::g-= =.. = ~~S2~ ~-- ~ =et"-OO ~ = ~..c::l OOu ~ ~ .0 ~ ~ ~ o ~ ~ ~ ~ o ~ ~ I I I I I I I I I I III I -- . . leITY OF SEBASTIAN, FLORIDA 2005/2006 ANNUAL BUDGETI The following is an overview and analysis of all the major revenue sources for the city. The overview provides a description of the revenue and the authority to collect such revenue. The analysis provides up to ten years trend for each major revenue source. Taxes Ad Valorem Taxes Florida Statutes provide the authority for municipal governments to adjust their property tax rates. Article 7 of the Florida Constitution allows municipalities to levy property taxes (section 9), creates the homestead exemption (section 6) and exempts motor vehicles (automobiles, boats, and mobile homes) from property taxation (sectionl). The value of property is determined by the County Property Appraiser (Florida Statute 192.042). The Property Appraiser assesses each property within the County for that property's value in its highest and best use. Any applicable exemptions are deducted from this total to arrive at the taxable value. Millage rates are charged against the taxable value to arrive at the total tax on each parcel. One mill equals a $1 tax for each $1,000 of taxable value. Due to discounts, non-payments and possible Value Adjustment Board changes, it is prudent to budget at less than 100% of assessed property tax revenue. Florida Statute 200.065(2)(a) 1 requires cities to budget at least 95% of taxable value. In FY 2005/06 the city has budgeted at 95%, or $4,204,924. Ad valorem taxes, or property taxes, provide approximately 18.25% of the city's total revenues. The ad valorem taxes are recorded in the city's general fund. The graphs below illustrate a significant increase in ad valorem revenues and property value over the last several years. The rise of ad valorem tax revenue have been generated largely by increase in property value, as millage rates have generally remained unchanged or have declined over that period. A summary of city's millage rates since 1986 is located in the schedule section of this document on page 211. City of Sebastian, Florida I 11 $5 <"~,\\~:::1;0:::0:~e:::j,;;c,',}'4;,, c I '=~ $4 _...........',.:,..',...,'......,y...,",.'.'....,...",..'''.',...',.....'....'..,..,.'...'....'''..,.'.:.''''.'."."""L.""'.".."h:"""'.:.'.'."'>L\..,.','.'',.'...........,..'...'.'.,'....'.,.,.....'.,.,.. $3~.."c'''' ;;::;::,' ,- ~,'::...:;<:~r:::~n;:-;:".,/~/:',:,>;,,:;-,.-::;~,-}?,':.-,:,:,:':~-',<,::'>::' ";'::'-}'~-':'::.' " ',;{)\ ,:,<';~~:~t : .}/~J' :i $2 {<,..;i ..' ,',' .., '.,"'..,',,'. .X' ," 'J::/ $1 $0 /' . ,i "'. . ,>, ..", . ," '.'," ',' , ~ PJ'O PJOj ~C) ~" ~'1, ~"J ~ ~~ ~<o "q) "q) "q) '155 '155 '155 '155 '155 '155 res III C ~ :i City of Sebastian, Florida Taxable Property Values $1.500_ ...... ..,....... . .........,.'.. ......'.,. .. ..,.."..,..'.,..,.... """ ......,..............: '--.' ......"....'....... ....,..,..,...... ....,......,..... . .....,.'...."......,.,.....".... ...........,........ .......,..,'.,..'..'........,..,' ::,..,".... . $~:~ "~tii~;i~i!~~(%;;~'~~~f?~~'~,~;r' $0 .. ., . ,.. ~ PJ'O PJOj ~<) ~" ~'l" ~":J ~ dJ ~<o ,,05 "q) ,,05 ~ ~ 'l"CS ~ ~ 'l"CS 'l"CS L. 7 (!) , '~ ~CITY OF SEBASTIAN, FLORIDA 2005/2006 ANNUAL BUDGET( Utility Services Tax I Utility Services Tax is a tax levied on purchases of electricity, water, and LP gas services on customers within the city limits. A rate of 10% of the monthly purchase price is applied for such services. Tax is collected per Florida Statute 166.231 and city Code of Ordinances Sec. 94-26. Majority part of the Utility Services Taxes is from Electric Utility Service Tax. For FY 2005/06, $1,050,000 is estimated to be received based on trend analysis. The Utility Services Tax revenues are recorded in the General Fund. It provides approximately 4.6% of the city's total revenues. The graph below illustrates a steady increase in Utility Services Tax, which is population driven. The significant increase in revenue from FY 1999 to FY 2000 is due to the removal of the $2.50 Utility Services Tax cap by the City Council. I I I City of Sebastian, Florida Electric Utility Services Tax $1,500,000 $1,250,000 $1,000,000 $750,000 $500,000 $250,000 $0 PJ'\ PJco p,C?J s;)\;:) s;)" s;)'l,. s;)"J ~ s;)'::l s;)CO "Cll "Cll "Cll ~ ~ ~ ~ ~ 'l,.~ ~ <<4. <<4. <<4. <<4- <<4- <<4- <<4- <<4. <<4- <<4. I I I The Communication Service Tax replaced the franchise fee for dealers of communications services (including, but not limited to, phone and cable TV services). The tax in the city is 5% of the sales price on all taxable sales of communication services provided within the municipality. The revenue estimate for FY 2005/06 is $765,000, which is provided by the Legislative Committee on Intergovernmental Relations (LCIR). The Communication Service Tax is recorded in the city's general fund. I I I I I I Discretionarv Sales Tax The discretionary sales tax is a seventh-cent or an additional one-cent sales tax levied by Indian River County. Indian River County voters passed the Optional One-cent Sales Tax in March 1989 to be used for infrastructure needs of the County. The tax is effective for a fifteen-year period. In November of 2002, an extension was approved by voter referendum to extend the Optional One-Cent Sales Tax another fifteen years until December 31, 2019. The tax funds are distributed to participating cities within the County on a percentage basis determined by the city's population. The city receives the monthly distribution approximately two months after the retail sales take place. For FY 2005/06, $2,500,000 is estimated to be received based on the trend analysis. Which is a i1% increase from the FY 2004/05 collection level. The Discretionary Sales Tax revenues are recorded in a special revenue fund. The piscretionarv Sales Tax provides approximatelv 1O.35~ of the city's total projected revenues. The funds can only be used to finance, plan, and construct infrastructure, land acquisition for recreation or preservation, and land improvement. Therefore reducing the burden of such costs on ad valorem taxes. I I I I 8 ~ I t ~ ~ ~ ~ , , , , , , , , , , , , , , ICITY OF SEBASTIAN, FLORIDA 2005/2006 ANNUAL BUDGE-rl The graph below illustrates a steady increase in Optional One-Cent Sales Tax, which is population driven. I City of Sebastian, Florida I Discretionary Sales Tax $3,000,000 _.......:........:... .................................................,...:........ $2.000, OOO...f.... ".i:.ii:,><",,:.J. .' ... '. ..... .;"~ ;~ ." . . .... '" '/'~~'T . .... .. "t$~ :...... $1 ,000, O~~ i.!' i'>i;~." B,,; ," jl.?i':".,... ~i ::,'i,} ;:!': ,,1;;', . f:?>Q) s::J~ ~" s::J'" s::J":J ~ s::J" ~~ ~ ~ ~ ~ ~ I')"CS I'),CS ",CS <<4. <<4. <<4. <<4. <<4. <<4. <<4. <<4. Local Option Gas Tax The Local Option Gas Tax is a six-cent per gallon tax levied by Indian River County. The tax funds are distributed to participating cities within the County on a percentage basis determined by the city's population and amount of annual transportation-type expenditures. For FY 2005/06, $760,000 is estimated to be received based on the anticipated increase in population and transportation related expenditures. The Local Option Gas Tax revenues are recorded in a special revenue fund, which provides approximately 3.3% of the CIty'S total projected revenues. The revenue is restricted for use in transportation projects, thus ~ng the burden of such costs on ad valorem taxes. The graph below illustrates a steady increase in Local Option Gas Tax. ' City of Sebastian, Florida Local Option Gas Tax $800,000 $600,000 $400,000 $200,000 $0 OJ''.)Oj ~~~ ~~" ~~'" ~~":J ~~ ~~" ~~~ 4." 4.'11 4.'11 4.~ 4.~ -4.~ 4.~ 4.~ << << << << << << << << FRANCHISE FEES Franchise fees are paid by utility providers (electricity, solid waste) for their use of city streets and property in providing their services. The franchise fee is 6% of the utility provider's gross receipts. The majority part of the city's franchise fees revenues comes from electricity franchise fees. Franchise fees have grown along with population over the last few years, and should continue for the future. For FY 2005/06, $879,700 is budgeted for franchise fees revenues, which represent an increase of 2.9% from the FY 2004/05 collection level. The franchise fee revenues are recorded in the General Fund. It provides approximately 3.8% of the city's total revenues. Q 9 leITY OF SEBASTIAN, FLORIDA 2005/2006 ANNUAL BUDGETI The graph below illustrates a steady increase in electric franchise fees, which is population driven. ,- I City of Sebastian, Florida Electric Franchise Fees $1,000,000 _..... ......,.............<...,.>""........;....,."'..,.:;... : ..: ,-',d :. :. '-':___':' . . ','. . :..' "; ::,-..\.......__:.;:.,. " . ,::: >_.: .::-: . :<_,':_>, _ ,:,:' -::_ ::::'<- :c.:"'::, :":>: ',_ :>:: .:':-:i',.' _(_,: ;,.:';' '::.,. . ',_._:./::,<,',_,: .- ,_ , <: ':':-::":.,, . _. u:' _ _',' :" :~ $750,000:.. '.' . ...c....:..,J...,:...,., '. '.., . ..'.,. ".. ..J ..:..,.... .:.11:.;... ~~~g:g~g; i~:..'..;.' i~:;~' ~i .....;: ~t'i i; ;':1 c:?;;;;:":;~~' .;; " R:l ~ ~ " n.. ~ _br. ~ [0 ~~ ~Oj ~Q) f;:)<;S f;:)\::I f;:)\::I \::Ie;:) f;:)\J''' e;:)'5 f;:)<;S ~"~"~"~,,;~,,;..\,.,,;~,,;~,,;~,,; ~,,; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ INTERGOVERNMENTAL REVENUES Local Half-Cent Sales Tax Sales Tax, pursuant to Chapter 212 Florida Statutes, are collected by businesses and remitted to the State of Florida. In 1982, the Florida Legislature created the "Local Government Half-Cent Sales Tax Fund" program. The program is administered by the Florida Department of Revenue. Monies in this trust fund are distributed monthly to eligible counties and municipalities. The city receives the monthly distribution approximately two months after the retail sales take place. Each June, the Legislative Committee on Intergovernmental Relations (LCIR) provides a forecast of the estimated sales tax distribution. As part of the Half-Cent Sales Tax program, the Florida Legislature earmarks a percentage of the State sales tax collected in each county for distribution to cities in that county according to a population based fonnula (Florida Statute 218.61). As a result of recent legislation (HB 113-A), effective July 1, 2004 the percentage of sales tax revenue allocated for distribution to cities will be reduced from 9.653% to 8.814%. Under the legislation, cities are supposed to be "held harmless" by a corresponding increase in Municipal Revenue Sharing. The Local Half-Cent Sales T::lx..is recorded in the city's general fund. It provides approximately ~ of the city's total revenues. The graph below illustrates a significant increase in the Local Half-Cent Sales Tax revenue from FY 1996/97 through FY 2005/06. The anticipated revenue for FY 2005/06 is based on the forecast provided by the Legislative Committee on Intergovernmental Relations (LCIR). The revenue estimate reflects the authorized changes in the State's sales tax share of the Local Government Half-Cent Sales Tax Program that are incorporated within Chapter 2003-402, L.O.F (Laws of Florida) and Chapter 2003-404, L.O.F. City of Sebastian, Florida Local Half-Cent Sales Tax I mgg:~_1 $1,000,000 . ..., .,. ,.. .,... <.,' '.f . .'. ."... "'. 'ff $500 000 .' , ., .,." . .,. ... '.',. ....,.. . ,'. .'~ . '.. .}-. '.' .." .... '" " I , $0:>' . ..:~;.' .....; ... ....,i. " ,~.....,'t ........t '.. . '. :1{ '. ; ,\7.., .... .~; '. I " R:l !?l &::l " Q, ~ _br. ~ [0 I OJ~ ~Oj ~Q) f;:)\S \::Ie;:) f;:)e;:) ~e;:) f;:)\J' ~'5 ~\j I ~" 4." 4." ~,,; 4."; 4."; 4."; ..\,. 'li ~ ~ ~,,; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .J 10 ---."~ ~ I I I I I I I I I I I I I I I I I I I Check Out Our Chamber Member Benefits ./ 24/7 listing on our new Web Site - ww\v.sebastianchamber.com ./ Free link to your Web Site ./ Business cards & brochures displayed at Chamber ./ Reduced rates for advertising on our Sebastian Sun, Press Journal & Florida Today pages I ~n&'v,0 ~~\S ./ Business contacts at three ditTerent events each month ./ Listing in Chamber Directory ./ Spotlighted on our Chamber Newsletter, Florida Today & Sebastian Sun pages ./ Participation in Chamber Leads Group ./ Display Chamber Decal - so the public knows you are a member ./ Referrals given out when people call the Chamber looking for specific services ./ Display literature at luncheons (on tables by buffet line) ./ Press releases to Chamber with the possibility of getting information into newsletter ./ Monthly newsletter ./ Services & representation with local govenunent Opportunities for Increased Exposure for Your Business ./ Web Pages & Banner Ads on our Chamber \Veb Site ./ Hands-on advertising by hosting or sponsoring a Chamber Breakfast, Luncheon, or Business & Pleasure ./ Sponsorships for Golf Tournament, Fishing Tournament, Media Auction & Concerts in the Park ./ Advertising specialty items for goody bags for Fishing and Golf Tournaments ./ Chamber Publications - Directory, Visitor's Guide & Street Map ./ Chamber Boards, Committees, and Community Events ./ Inserts into Chamber Newsletter ./ Gift certificates to be given out at Concerts in the Park ./ Door prizes at Chamber Events ./ Subscribe to Inquiry List And More!! @ .-.. >. .-.. 0 .-.. 0 N ~ I.rl I - - I I - 0 \0 '-" U - '-" .... '-" ~ ~ 0 0 .- ~ I.rl \0 0'\ g ~ N M M M ....:l.,Q ~ ~ .....U ~ r:n .... rIj >.~ ~ tU~ ~ ::I a:l ~ I.rl \0 Q - M N N Co E.,Q N ~ .- tau ~ ~ ..c A. rIj ... ~ ..Q i ~ .... >. = E = :::3 .... .-.. .-.. = o ~ .-.. 0 0 u~ '1 - - rIj I , 'C .... ~ - I.rl In ell ~.,Q '-" '-" '-" Co In I.rl L j;i2u I.rl N N 1.0 M = a N M U ~ ~ .- ~ -g - N 0 tU 0 ~ N .... ~ -< *.... 0 c:: .... ~ 0 0 .- ~~ 0 00 (/l .~ ~ 1.0 r--- - ~ - - ~ Cz::.,Q ~ ~ aU ~ ~ .- g - (/l .- tU (/l ~ ~ :::3 r:n ~ 0 (/l z ~ ~ >. . 0 0 (0 i5.. \0 - ...... M I E I r--- 0 I ~ "l:t:UJ - 1,.~';'} -q-w Below is a partial list of Chambers of Commerce in the State of Florida that have some type of arrangement for their facilities with the municipality that they serve: Palm Bav Chamber- Lease land from the City of Palm Bay, will be building a new facility Cape Coral Chamber - Leases the land, owns the building Jupiter Chamber of Commerce - Leases the land from the Palm Beach County, owns the building Homestead Chamber of Commerce -leases a historic town hall building from the city of Homestead (the lease with the city is very, very reasonable) Port Oran2e South Davtona Chamber- Owns the building, leases the land from the City Chamber South (South Dadel.leases the office from Miami Dade County for $ l/yr Indian River COUDtv Ch...ber- ~~We own the land but in the 1950's the Chamber bought the land from the city, with an agreement if they leave, the land and anything we build would go back to the city." Palms West Chamber- Leases the land from Palm Beach County, owns the building Cocoa Beach Cltamber - Owns the land and building, as long as it is used for chamber of commerce activities Kev LaNo Cltamber - Leases land from the Department of Transportation Palm Beaches Chamber of Commerce - Lease from the city, pays $ l/year, fifty year lease, owns the building Gulf Breeze Chamber- School Board owns property, city and chamber split renovations cost, City has 20 year lease with school board for $ I/yr and chamber is a sublease of city, at no cost. St. I..ucie Coontv Chamber - The Chamber owns the building in F1. Pierce, but leases the land from 81. Lucie County. Delray Beach Chamber - Chambl.:f owns the building, city owns the land and Chamber leases it (99 years) '4lnta R.osa Beach Chamber Office and land is leased from County for $l/year for 99 years. Titusville Chamber - Chamber owns the building, leases the land from the City of Titusville (j) 11- -/ i.' 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