HomeMy WebLinkAbout03082006
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, MARCH 8,2006 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. The Mayor called the regular meeting to order at 7:00 p.m.
2. Vice-Mayor Burkeen 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
Deputy City Clerk, Jeanette Williams
MIS Systems Analyst/AV Tech, Melanie Astle
Airport Director, Jason Milewski
Finance Director, Shai Francis
Police Lieutenant, Greg Witt
Regular City Council Meeting
March 8. 2006
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)
The City Manager recommended removal of New Business item "Consideration of Testing
GRE Gasifier Devices in City Vehicles" for further preparation by the requester.
Ms. Monier requested addition of the Fine Art and Music Festival agreement renewal.
The City Attorney requested addition of an item on the previously approved land swap with
Bettina Boudrot.
On MOTION by Mr. Neglia and SECOND by Ms. Coy the three items were added to the
agenda on a voice vote 5-0. (Fine Art and Music under New Business, Boudrot Land Swap
under City Attorney matters)
6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS
A. Certificate of Appreciation to Herbert Munsart for MPO Citizens Advisorv
Committee Service
Mr. Munsart was not able to attend, however, the Mayor commended him for his
service and assured that his plaque would be delivered to him.
06.047
5-11
B.
Presentation by Hoyman. Dobson & Co.. P.A. - Annual FY 2004-2005 Financial
Report (Transmittal. Adiustment Summary)
Deborah Bradley gave a PowerPoint presentation highlighting certain issues
relative to the Fiscal Year 2004-2005 City financial report. (see printout
attached)
She commended the Finance Department for their professionalism in preparing
this financial statement.
In response to Mayor McCollum, Ms. Bradley stated the City was in sound
financial condition. Mayor McCollum thanked her and commended the Finance
Department staff.
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.
13-22
A.
Approval of Minutes - 2/15/06 Special Meeting
Approval of Minutes - 2/22/06 Special Meeting
23-24
B.
2
Regular City Council Meeting
March 8, 2006
Page Three
25-31
06.048
33-37
06.049
39-48
06.050
49
06.051
51-55
06.052
57
C.
Approval of Minutes - 2/22/06 Regular Meeting
D.
Approve Sole Source Purchase and Installation of Taxiway LED Lighting from
TPSi Airport Innovations, Inc. in the Amount of $22,500 (Airport Transmittal
3/1/06, Proposal from TPSi, Sole Source Letter)
E.
Approve Work Authorization #4 to LPA Group to Provide Professional Services
for Installation of Airfield Signage in the Amount of $42,609 (Airport Transmittal
3/1/06, Work Authorization Form, LPA Proposal)
Approve Purchase of Six Portable Radios for Police Department Under State
Contract #725-001-01-1 from Communications International, Inc. in the Amount
of $15,175.44 (PO Transmittal 2/23/06)
F.
G.
Approve Change Order #2 to Contract Between City and Dickerson Florida,
Inc. entitled "Rehabilitate Taxiway "A" and Construct Administration Building
Apron" in the Amount of $160,573.62 - Appropriation in the Amount of
$58,737.62 from Airport Enterprise Funds (5%) and FAA Reimbursement
(95%) (Change Order Form, Letter from Project Engineer, Final Pay
Application)
H.
Approve City Relay for Life Team Fundraisers - Spring Skateboard
Competition at Skateboard Park on 3/25/06 and Poker Tournament at
Community Center on April 8, 2006 with Beer Sales and Fee Waiver - All
Proceeds to Benefit Relay for Life (Relay Team Transmittal)
Ms. Coy removed items A and E. Mr. Neglia removed item D.
On MOTION by Mr. Burkeen and SECOND by Ms. Coy items B, C, F, G and H of the
consent agenda were approved on a roll call vote of 5-0.
Item A - 2/15/06 Special City Council Meetinq Minutes
Ms. Coy referenced circle page 19 of the agenda packet and noted that she had not
said that the police detoured traffic over her yard, but rather that they had observed
East Coast Sod and Landscaping detouring cars into her yard.
On MOTION by Ms. Coy and SECOND by Mr. Burkeen, the 2/15/06 minutes were
approved as amended on a roll call vote of 5-0.
Item D - Taxiway LED Liqhtinq
Mr. Neglia asked if the lights were recessed and the Airport Director said they were.
On MOTION by Mr. Neglia and SECOND by Ms. Coy, item D was approved on a roll
call of 5-0.
3
Regular City Council Meeting
March 8, 2006
Page Four
Item E - Professional Services for Installation of Airfield Siqnaqe
Ms. Coy questioned the reference on circle page 44 regarding further utilization of LPA
services. The City Manager responded that the $300,000 grant includes several
components and that staff may bring back a request to use LPA's services for the
construction agreement.
On MOTION by Ms. Coy and SECOND by Mr. Burkeen item E was approved on a roll
call of 5-0.
8. COMMITTEE REPORTS/RECOMMENDATIONS
A. Code Enforcement Board
06.022
59-80
i.
Receive Orders in Accordance with Code - No Action Required
(City Clerk Transmittal, Orders)
The Mayor announced this was for information only.
06.023
81-99
ii.
Interview, Unless Waived and Appoint One Expired Regular Member Position
to Expire 3/1/09 & One Expired Businessman Position to Expire 3/1/09
Mr. Anderson was not present and Mr. Brauer had notified staff that he could not
attend due a previous commitment. City Council interviewed Mr. Barton and
alternate member Ms. Beck.
Mr. Neglia nominated Mr. Brauer to the regular member position, and being no other
nominees he was reappointed to his former position.
Ms. Coy nominated Mr. Anderson to the businessman position, and being no other
nominees he was reappointed to his former position.
The City Clerk noted that her staff had been informed verbally by Eric Fischer that
he did not want to serve in the alternate position that he was recently appointed to,
and that Council could fill that alternate position at this time. The City Attorney
agreed that this could be done.
Ms. Monier nominated applicant Mr. Barton and being no other nominees for the alternate
position, he was appointed.
B. Parks & Recreation Advisorv Committee. One Position
(City Clerk Transmittal, Code, Applications, List, Ad)
06.090
101-108
i.
Interview. Unless Waived and Appoint At-Larqe Position to Expire 5/31/07
City Council interviewed Mr. Morrison and Mr. Wright.
4
Regular City Council Meeting
March 8, 2006
Page Five
Mr. Burkeen nominated Mr. Wright
Ms. Monier nominated Mr. Morrison.
Upon roll call, Mr. Wright was appointed 4-1 (Monier - Morrison)
9. PUBLIC HEARING - none.
10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the
agenda
Enrico Lamberti, Executive Director, Breakthrough Recovery Services, an outpatient
substance abuse clinic in town, cautioned against allowing an Alcohol Distribution center
anywhere near schools or churches.
George Maib, owner of the proposed concrete plant said he was available to discuss the
plant proposal with Council. It was decided to put him on the April 12th agenda.
Damien Gilliams, Sebastian, commended Mr. Lamberti on his input regarding alcoholic
beverages, alleged an ad placed in the Press Journal by Ms. Monier was slanderous,
said that he was told by the PJ that the City Attorney had approved the ad, stating he
thought Council members were not allowed to use City staff except through Council
consensus.
Mayor McCollum said political ads were not a City issue but was relative to a political ad
and the issue was between Mr. Gilliams and Ms. Monier. He said if his question was an
interpretation of the involvement of the City Attorney that could be addressed. The City
Manager said the documents in question were issued by City staff from the police
department based on a public records request.
Mr. Gilliams said he was putting the City and Ms. Monier on notice that under FS if it is
not retracted in five days he will seek legal counsel and hold someone liable.
11. OLD BUSINESS - none.
12. NEW BUSINESS
06.013
109-113
A.
First Readinq and Transmittal to SJRWMD - Ordinance No. 0-06-02 -
Irriqation Rules (City Attorney Transmittal. 0-06-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; AMENDING CHAPTER 102
ARTICLE IV WATER RESTRICTION PLAN TO IMPLEMENT ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT RULES; PROVIDING FOR CONFLICT, SEVERABILITY AND
EFFECTIVE DATE.
The City Attorney read the title and explained this was a result of St. Johns River Water
Management District's new regulations and it was be forwarded to the Palatka headquarters
for approval.
5
Regular City Council Meeting
March 8, 2006
Page Six
Ms. Coy asked what the effect would be if the City did not adopt SJRWMD, and the City
Attorney said SRJWMD does not have the ability to enforce its new rule and if we adopted it
we would be able to enforce it. Ms. Coy cited a letter from Baxter Coston asking Council
not to adopt this, however Ms. Coy said action needs to be taken now to protect the water
supply; and that the City may need assistance from SJRWMD.
Walter Barnes, Sebastian, said the hours listed in the Press Journal article seemed to be
incorrect, because they listed 9 am and 5 pm.
The City Manager reiterated the proposed new hours - odd-numbered addresses will water
on Monday and Wednesday and even-numbered addresses will water on Thursday and
Sunday, but no one should ever water between 10 am and 4 pm.
Ms. Monier cited other provisions of the ordinance and Mayor McCollum noted the item
would require review by SJRWMD before final adoption.
On MOTION by Ms. Coy and SECOND by Ms. Monier Ordinance No. 0-06-02 was passed
on first reading and public hearing will take place after review by St. Johns River Water
Management District on a roll call vote of 5-0.
06.05d
115117
B.
Considor~tion of Testinq GRE Gasifier Dovicos in City Vehiclos (Citv Manaqor
Transmitt~l. Sketch. Expl3n~tion)
This item was removed under Agenda Modifications.
NEW
B.
Fine Art and Music Festival Aqreement Renewal
The City Attorney cited the new provisions in the new agreement.
Damiean Gilliams said this item was slipped onto the agenda at the last minute, and noted as
an adjacent property owner he was never notified about this. He said there are out of town
vendors and the City picks up the tab for work by City staff.
Mayor McCollum asked the City Manager if he felt comfortable approving the street closings
and the City Manager responded that he did.
Mr. Neglia suggested this could be on the next agenda.
Mr. Burkeen said this is a well-received festival but he was taken aback by getting this tonight
and not having time to review.
Ms. Coy agreed that it is unfair to the public to have this on the agenda tonight.
Mr. Neglia said the agreement should state that adjacent property owners be notified about
street closings.
6
Regular City Council Meeting
March 8, 2006
Page Seven
On MOTION by Ms. Coy and SECOND by Mr. Burkeen the item was tabled to the March
22nd meeting and Mr. Neglia's recommendation was added to the agreement on a voice
vote of 5-0.
Side II, Tape I, 8:03 pm
13. CITY ATTORNEY MATTERS
Land Swap with Bettina Boudrot
The City Attorney said a 1988 land swap agreement restricted the use to only a single-
family residence; and asked for Council approval for the Mayor's execution of a release of
the restriction.
The City Attorney provided a copy of the language of the release to Mr. Burkeen to read
(see attached)
On MOTION by Mr. Burkeen and SECOND by Mr. Neglia the Mayor's execution of the
release of the restriction on the Boudrot property was approved on a roll call vote of 5-0.
Other Matters
The City Attorney, in response to the gentleman who spoke under Introduction of New
Business said he had not heard anything about an alcohol distribution center coming into
the City.
In response to Mr. Gilliams' input under Introduction of New Business, he stated that
Charter officers respond to questions from individual Council members about elections all
the time, and it is not out of the norm for them to give them advice. He said election time
is an uncomfortable time for Charter officers who work for all Council members. He said
on this particular event he had advised Ms. Monier that she should go through the proper
channels to submit an official public records request and she had done so. He noted that
he has talked to Mr. Gilliams about his financial reporting responsibilities as well.
14. CITY MANAGER MATTERS
The City Manager said, for the record, he does not want to hear innuendo about something
being slipped on the agenda in the eleventh hour, that he had been asked two months ago
by Ms. Monier to upgrade the agreement and to place this item on the agenda, that it was
his mistake and he apologized for it.
15. CITY CLERK MATTERS
The City Clerk announced that early voting is going very well in Sebastian.
The City Attorney talked about political signs in the City Hall complex advising that the
proper forum is in the front of City Hall on the sidewalk, however, individuals with
magnetic signs on a vehicle which is parked in the City Hall parking lot while they are
7
Regular City Council Meeting
March 8, 2006
Page Eight
doing business in City Hall is okay, but an individual could not drive a car in with signs
mounted on it just for the purposes of advertisement and leave it there.
16. CITY COUNCIL MATTERS
A. Mr. Burkeen
Mr. Burkeen said numerous people have called and said some builders are cleaning up,
but some continue to cause problems, and said he had been driving around and had to
call the police to report sod left in the road. He said the City is watching those
contractors who are not cooperating.
B. Ms. COY
Ms. Coy said Mike Crowe was the person who had to come and remove up the sod;
commended Jean Tarbell, Executive Assistant to the City Manager, and the new printer
for the new Pelican Brief format; and introduced her "Heroes and Dodos" posters and
started with the first "Hero", a man named Pat who worked for Henry Fischer and who
had stopped traffic on CR 512 to help an otter family cross the road, with the assistance
of a police officer.
C. Ms. Monier
Ms. Monier reported that the SRHS Jazz Ensemble will play the Concert in the Park at
Riverview Park tomorrow night.
D. Mr. Neqlia
Mr. Neglia cautioned that this is a time for brushfires and asked people to be careful;
said it is important for people to get out and vote in the general election; and reported on
this Saturday's Pelican Island Wildlife Festival in Riverview Park.
Mayor McCollum
Mayor McCollum said Kendric Ward of the Press Journal made comment that four
members of Council could be members of the Sebastian Property Owners Association
following the election, and that he had asked Mr. Ward to show him where he had ever
been a member of SPOA. He said he nor Brian Burkeen nor Lisanne Monier have ever
been members, and he could not do so. He said her makes it a point not to be a
member of any organization that would cause any problems.
8
Regular City Council Meeting
March 8, 2006
Page Nine
i. Citizen Concerns and Rumors about Proposed Cement Plant
Responded to a Letter to the Editor from February 28th, from Ron Celli regarding City
Council's "alleged" refusal to annex the property on which the cement plant is proposed
to be located. He stated, for the record, that the City has never been requested to annex
the subject property and then read from Mr. Celli's response to his phone call to correct
Mr. Celli.
Mayor McCollum said he was deeply concerned about comments like these, especially
from someone who is on our Planning and Zoning Commission. He said he then
attended a Chamber meeting and heard comments that if we had annexed the property
this would not have happened, and wanted to defend the Council against these
accusations. He said citizens with concerns should contact County Commissioners
Davis and Neuberger. He said the City is not turning its back on this and is going to be
having meetings with the County.
Ms. Coy said she had received phone calls about the eminent domain question, stating
the effect of yes and no votes.
The City Clerk reported that all future committee meetings will go live and a schedule will
be on Channel 25, and added her commendation to Jeanette Williams and Mark Veidt
for working together to bring in a vendor to get the windows in the Chambers tinted; and
17. Being no further business, the Mayor adjourned the regular meeting at 8:35 p.m.
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to mr known to b~ the prrson drscrihed in and who executed the
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, ":': 'f: ~ (t..~~:JflJlrulllm/ prrpnrrd by: Thomas C. Palmer
I . :7;'~{ddn'JJ City Attorney
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Sebastian, FL. 32978-0145
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WARRANTY DEED
IHOIYID. TO IHDIVID
550653
R'AMCO FORM 01
lhis Uarranty lllerd Mad,. tIll! Jay of March A. D. 1988 by
The'Cityof Sebastian, Florida, a Municipal Corporation,
I,erpinafler railed tIle fIIan/or. 10 Bettina Boudrot
1l./,o.,p poslofficp aeld",ss i.' P.O. Box 771, Sebastian, Florida
Iwrcinafler callpd Ille fJ",nfpp:
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lhr hrir!l, le"al rl'prt'''l'nla(i\"('~ and L'Uii~ns fir ifldh-idualll, and the J,urnQllrl and aui,cnl or corporatinns)
"Witnesseth: f1,lJPtm:q;rnnt~. jf,fi~"(ff,,s,~,~~J(r.,nl?~sof9r.f'r~n? oVYJ:o~oo anll o",~r
I'uluuh/,. considpralions. rp('~i,,( wlwreof Is I,prql,y acknowl(,(lfI~(I. IlPn.l>y ura,,'s. bargains. sells. ali~ns. re-
mises, releases. conueys anel confirms unla ,I,e granlee. all I Ita I cerlain lanel s/luata in Indian River
Coun!y, Florida, ,'ix: The North thirty-five (35) feet of Lot 2, Block 3,
HARDEE'S SUBDIVISION B, according to plat thereof
as recorded in Plat Book 4, page 74, Public Records
of St. Lucie County (Now Indian River County),
Florida.
THIS PARCEL OF PROPERTY SHALL BE USED ONLY FOR
USES PERMITTED IN SINGLE FAMILY RESIDENTIAL ZONING
DISTRICTS PERTAINING TO FULLY DETACHED SINGLE
FAMILY RESIDENCES. THIS RESTRICTION, RUNS WITH
THE LAND AND SHALL BE BINDING ON ALL SUCCESSORS
IN TITLE TO THIS PARCEL UNLESS THIS RESTRICTION
IS RELEASED IN WRITING BY FORMAL ACTION OF THE
CI~Y COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA.
IF THIS RESTRICTION IS NOT FULLY,STRICTLY, AND
CONTINUOUSLY COMPLIED WITH THEN THIS PARCEL OF
PROPERTY SHALL AUTOMATICALLY REVERT BACK IN' TITLE
TO THE CITY OF SEBASTIAN.
Together witl. all ,he lenemenls. hereditamen/s and appurlenances Iherelo belonging or In any.
wise apperlalning.
10 Jtaile and to Jtold,
YEE SIMPLE CONDITIONAL
Ihe same in~H~/lI:KIJUCSUBJECT TO THE SAID
n d RESTRICTIONS ~
1I1n 111e granlor hereby cOllenan', u,"h said IIrai11ee 11.01 the granlor Is lawfully selxed of sold land
in fee simple; 11.01 Ihe granlar has good right and /awful aulharity 10 sell and convey salel land; 11.01 Ihe
granlor hereby fully warranls Ihe lille 10 sl;lid /and and will defend Ihe same agalnsl Ihe lawful claims of
all persons whomsoever; and Ihal said land IS free of all encumbrances_lDCIQ:ltXJlC1lUO(~ll!II1llIlllIk
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)n Uilness ~hereof, Ihe said granlor has signed and sealed Ihele presenls Ihe day anti year
firsl above wrillen.
Signed. sealeel and delivered In our presence:
.~.~.~..q/t~i7...m........:..._.:....
..Cit.y....CJ.e:ck...........m.............................m....;........
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.............;..........CD
. Gene arris, Mayor ~
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SPACE IElOW fOR UCOIDUS USE
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
DOC. ST. - AIvfT. $ 5.5 ~"'"
FREDA WRIGHT. Clerk of CirculI Cou1
Wan River County - by _
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1 HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally apprared L. Gene Harris, the
Mayor of the City of Sebastian,
County and
day 01
88.
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0_ R. 797 PG
2954
This document prepared by and return to:
Rich Stringer, City Attorney
City of Sebastian
1225 Main Street
Sebastian, FL 32958
RELEASE OF DEED RESTRICTION
IN AND FOR consideration of the mutual benefits to the parties, the sufficiency of which
is hereby acknowledged) the City of Sebastian, a Florida municipal corporation/does
hereby release that certain restriction contained in that warranty deed made by the City
of Sebastian as grantor to Bettina Boudrot as grantee dated March 1988 as recorded in
OR Book 797 Page 2954 of the Public Records of Indian River County thereby
converting the title being conveyed by said deed from fee simple conditional subject to
said restrictions to fee simple title.
Executed the
day of April, 2006.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Nathan B. McCollum
ATTEST:
Approved as to form and legality for
reliance by the City of Sebastian only:
Sally A. Maio, MMC
City Clerk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take
acknowledgments, personally appeared Nathan B. McCollum as the Mayor of Sebastian,
to me personally known who acknowledged before me that he executed the foregoing
instrument.
WITNESS my hand and official seal in the County and State last aforesaid the
day of April, 2006.
NOTARY PUBLIC, State of Florida
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CITY OF SEBASTIAN, FLORIDA
GENERAL FUND REVENUES
2005
Other
3%
Property Taxes
28%
Intergovermental
35%
Public Utility
Taxes
15%
Licenses &
Permits
12%
Franchise Fees
7%
III Property Taxes II Public Utility Taxes 0 Franchise Fees
10 Licenses & Permits IIlntergovermental III Other
2004
Licenses &
Permits
17%
Property Taxes
28%
I ntergovermental
25%
Public Utility
Taxes
17%
Franchise Fees
7%
iii Property Taxes III Public Utility Taxes 0 Franchise Fees
o Licenses & Permits IIIlntergovermental 11 Other
_ ...."... L HOYMAN, DOBSON & CO.\cWANY, P.A.
~CERTIFIED PUBLIC ACCOUIITAIITS
7~DA;Sii:;;#.$1tj~'7#tVif,it4}\\c#1%W%ilit;f;/:'<jfij:;'-"""\",'i
CITY OF SEBASTIAN, FLORIDA
GENERAL FUND EXPENDITURES
2005
Culture & Recreation
Transportation 8%
26%
General Government
23%
2004
Transportatio\1ulture & Recreation
22% 7%
General Government
22%
Physical
Environment
9%
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