HomeMy WebLinkAboutNon-Binding Referendum on Annexation 2004POTENTIAL REFERENDUM LANGUAGE
Should Sebastian annex any more land for residential development?
Yes
No
2. Should Sebastian a.nnex any more land for residential development?
Yes
No
It depends on the situation
3. Should Sebastian continue annexing land along the CR 510 corridor?
Yes
No
Only if it contains commercial properties
4. land next to the City is designated for development, should the City annex it?
Yes
No
5. Which government should control development along Sebastian's borders?
City of Sebastian
Indian River County
Regular City Council Meeting
November 17, 2004
Page Eight
time he had requested input from each Council member as to what it would like to see in
the district as to permitted and conditional uses. He said a moratorium can be imposed
while the language is being worked on and that it would have to be done by ordir�ance.
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04.163
Mr. Barczyk requested a moratorium until the end of March.
Bruce Moia, Mosby and Associates, said there are other methods to stop certain types
of development without imposing moratoriums.
Damien Gilliams cautioned that private property owner rights be considered.
The City Attorney said the approval of an overlay district will include Planning and
Zoning hearings and then on to City Council for an approximate two month process.
Ms. Monier said Council has made it clear that it has a vision and said each member of
Council needs to get with the City Attorney to let him know what they seek in the overlay
district, and the City Attorney said there are ways to deal with it without a moratorium
while he is working on the language.
D. Mavor McCollum
i. Direction Reqardina Future Residential Annexation Proposals and Reauests to the
Citv of Sebastian
Mayor McCollum said the referendum proved a point that the majority of people do not
want annexation. He said there are people saying that he has a conflict of interest due
to his employment with the county and he will deal with that at a later time. He said this
measure was not intended to stop growth.
Louise Kautenberg said she was concerned about development for which we have no
control, and based on the very close vote, she saw it as a mandate to review each
project on its merits or defects.
Sal Neglia said a lot of people thought they were voting against annexation when they
voted yes.
Earl Masteller, 869 Robin Lane, Sebastian, disagreed with government by referendum,
noting that Council should judge each issue on its merits.
Damien Gilliams said it is important to take each issue on a case-by-case basis.
Clive Beckwith said this is an excellent time to for Council to let the people knowv they
were heard.
Warren Dill suggested Council keep an open mind on annexation, be extremely
selective, and said he believed that there are properties that should be annexed which
E�3
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Regular City Council Meeting
November 17, 2004
Page Nine
provide a positive benefit to the City. He said he represented a property owner who
started the annexation process prior to the hurricanes, would like to compiete the
project, and recommended the City look for positive cash flow; logical boundaries of the
project; and be proud of what they annexed.
Richard Smith stated the Planning and Zoning Commission carefully reviews requests
however Council makes the final decision.
Andrea Coy stated CouncFl has an obligation to listen to the citizens.
Bruce Moia asked Council to keep an open mind on upcoming projects.
Lisa Hess said Council should look at the merits of each annexation.
Mayor McCollum said that most of tonight's speakers have a vested interest, that people
are still moving to Sebastian and not for its gated communities, and that City taxpayers
pay for the first five years �f a new development and are not reirnbursed. He then
began a motion to direct staff not to accept residential annexation applications, however,
the City Attomey advised that FS 171.044 provides a property owner the right to petition
Tape 11, Side 1, 9:03 pm
the governing body for annexation, the governing body then verifies the petition bears
the signature of the owners of the property, then proceed with an ordinance. He
confirmed that property owners have the right to ask and after property ownership is
identified, Council can then take legislative action and direct staff.
Ms. Monier said annexation is a very complicated issue and that she will make her
decisions on the issues and the benefit or lack of for the public, and it is a great
disservice not to address any issue that is brought before Council.
Mr. Barczyk asked if Council is going to allow the applications pending to continue
because they would have been to Council if not for unforeseen circumstances.
A motion was made by Mayor McCollum to allow staff to take residential annexation
applications, determine property ownership and send them on to Council but it did not
receive a second and died.
Other Matters
Mayor McCollum announced the dedication ceremony for the new city hall on Decernber
8, 2004 and invited everyone to come out.
E. Mr. Heptinstall
None.
17. Mayor McCollum adjourned the Regular Meeting at 9:17 p.m.
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Regular City Council Meeting
November 17, 2004
Page Two
5. AGENDA MVU�rwp►� ivrv� r+vv� � �.�+�.� �•�.�.. ---- - -- --
Items not on the wrltten agenda may be edded only upon a unanimous vote of City Council members (R-04-26)
Mayor McCollum requested addition of a report by Planning and Zoning Commission Chairman
Richard Smith under Committee reports.
The City Clerk requested addition of Resolution No. R-04-52 — non-binding referendum results
as item M of the consent agend� (backup was provided prior to this meeting — see attached).
On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk the two requested items wene
added to the agenda by a voice vote of 5-0.
6. PROCLAMATIONS ANNOUNCEMENTS AND/OR PRESENTATIONS �R���
04219 A. National Hospice Month Proclamation bv Visitina Nurses Association
Mayor McCollurn presented the proclamation to Sharon Boone, President of the Local Chapter,
who gave a brief presentation on the activities of VNA.
04.002 B. Certificate of A reciation to James Schmitz for Construction Board Service
04.002 C. Certificate of A reciation to Louis Nicolini for Construction Board Service
04.002 D. Certificate of A reciation to Elwin Davis for Construction Board Service
Mayor McCollum presented the certificates to James Schmitz and Elwin Davis. Mr. Nicolini was
not present.
04.220 E. Presentation bv Chief Buildin4 Official Wavne Eseltine — Proqress of Buildin Re air
Fee Waiver Pro4ram
The Building Official provided an update on the fee waiver program in effect until November 24,
2004 and discussion took place on the ability of a property owner to apply for a permit a�d later
contract for repair.
04.220 F. Presentation b Chief Buildin Official Wa ne Eseltine — Clarification and
Recommendations Reaardina Construction Wind Load Reauirements in the Citv of
Sebastian
The City Manager distributed documentation and maps relative to windloads as provided by the
Building Official. The Building Official reported on the City's established wind load
requirements, giving a brief history of the process used to establish and certify wind load for
specific regions in 2002.
2
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RESOLUTION NO. R-04-40
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA
AUTHORIZING A SPECIAL ELECTION FOR NON-BINDING
REFERENDUM ON ANNEXATION; PROVIDING FOR CONDUCT
AND PAYMENT FOR SAME; PROVIDING FOR THE MAILING
HEREOF; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 4.04 of the Charter for the City of Sebastian, Florida
provides special elections may be authorized by resoludon of Council; and
WHEREAS, the public interest will be served by conducting a non-binding
referendum in conjunction with the 2004 presidentia] election on the issue of annexation
of lands bordering the city limits; and
NOW, THEREFORE BE IT RESOLVED:
Section 1. That a special election for the City of Sebastian is hereby called for
November 2, 2004 to present the following question for non-binding referendum:
"If land next to the City is designated for development, should the City annex it?"
to which there shall be two possible answers, either "Yes" or "No".
Section 2. DELEGATION. City Council hereby requests that the Indian River
County Supervisor of Elections administer said election, and hereby delegates the
conduct of such election to said officer and further authorizes payment to the Supervisor
of Elections to reimburse the costs thereof.
Section 3. Upon adoption, the City Clerk is hereby directed to send a copy of
this Resolution by U.S. mail to the Indian River County Supervisor of Elections.
Section 4. This Resolution shall be effective upon adoption.
The foregoing Resolution was moved for adoption by Councilmember coniglio
The motion was seconded by Councilmember Barczyk
into a vote, the vote was as follows:
Mayor Nathan B. McCollum
and, upon being put
aye
Vice-Mayor Joe Barczyk aye
Councilmember Ray Coniglio aye
Councilmember Lisanne Monier aYe
Councilmember Michael Heptinstal] ave
The Mayor thereupon declared this Resolution duly passed and adopted this �"' day of
September, 2004. z5th
CITY OF SEBASTIAN, FLORIDA
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ATTEST: Mayor Nathan B. McCollum
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Sally A. M 'o, CMC
City Clerk
Approved as to form and legality for
reliance b the City of Sebastian only:
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Rich Stringer, C` Att rney
Regular City Council Meeting
November 17, 2004
Page Three
He stated that local agencies wer : given the opportunity to adopt an ordinance to establish an
appropriate windspeed for constr��ction, however, the City of Sebastian did not do so at that
time.
It was the consensus of City Cour �cii to direct the City Attorney to come back with the
appropriate ordinance to adopt 140 mph construction windload for the City of Sebastian rwith an
effective date 60 days after adopt�on.
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 apenda items unless a member of C:ity Council so requests; in which event, the item will be removed and acted upon
separately.
A. Approval of Regular Meeting Minutes - 10/27/04 �� �,�° �
04.035 B. Resolution No. R-04-47 Adopting an Amended Fiscal Year 2003-2004 Budget (Finance
Transmittal 11/5/04, R-04-47, Exhibit A, Memo, Reports, Schedules, Accomplishments)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN
AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING
SEPTEMBER 30, 2004 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND
PROVIDINGING FOR AN EFFECTIVE DATE.
04.203 C. Resolution No. R-04-48 Authorizing City Manager to Execute DCA Disaster Relief
Funding Agreement for Hurricane Frances and Approve Use of General Fund
Emergency Reserve to Finance the 5% Match for Expenses Incurred as a result of
Hurricane Frances (City Manager Transmittal 11/1/04, R-04-48, DCA Transmittal,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING
THE-CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS DISASTER RELIEF FUNDING AGREEMENT FOR HURRICANE
FRANCES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
04.203 D. Resolution No. R-04-49 Authorizing the City Manager to Execute DCA Disaster Relief
Funding Agreement for Hurricane Jeanne and Approve Use of General Fund Emergency
Reserve to Finance the 5% Match for Expenses Incurred as a Result of Hurricane
Jeanne (City Manager Transmittal 11/1/04, R-04-49, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE STAE OF FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS DISASTER RELIEF FUNDING AGREEMENT FOR HURRICANE JEANNE; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
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Regular City Council Meeting
November 17, 2004
Page Four
04.203 E. Resolution No. R-04-50 Authorizing the City Council to Petition the Govemor of Florida
for 100% Reimbursement of Disaster Related Expenses for Both Hurricanes, Frances
and Jeanne (City Manager Transmittal 11/19/04, R-04-50)
A RESOLUTION OF THE CITY OF SEBASTIAN REQUESTING ONE HUNDRED PERCENT (100%)
FEDERAL DISASTER RELIEF FOR HURRICANES FRANCES AND JEANNE; PROVIDING FOR
CONFLICT; PROVIDING FOR EFFECTIVE DATE.
04.221 F. Resolution No. R-04-51 Authorizing City Manager to Apply for Funding from Restore
America Grant Program from the National Trust for Historic Preservation and Home and
Garden Television (City Manager Transmittal 11/19/04, R-04-51, Info)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING
THE CITY MANAGER TO APPLY FOR FUNDING FROM THE RESTORE AMERICAN GRANT PROGRAM
FROM THE NATIONAL TRUST FOR HISTORIC PRESERVATION AND HOME AND GARDEN
TELEVISION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
04.222 G. Waive Competitive Bidding Process and Authorize the Purchase of 21 - 15 Foot,
our Row Aluminum Bleachers from Southern Park and Play Systems of Melbourne,
Florida with Pricing From St. Johns County, Florida Term Bid#03-43 in the Amount
of $18,492.00 (Public Works Transmittal 11/9/04, Quote)
04.200 H. Authorize the Emergency Purchase of Carpeting for Sebastian Municipal Golf Course
Clubhouse Hallway and Restaurant from Discount Carpet 8 Tile, Inc. in the Amount of
$10,336.70 and Authorize Temporary Loan from City of Sebastian Emergency Fund
(Golf Course Transmittal 11/8/04, Quotes)
p4,223 I. Authorize the Appropriation of $10,175 from City of Sebastian Cemetery Trust Fund
Permanent Endowment Fund for Costs Associated with Repair and Reset Work of
Monuments and Vases at City o# Sebastian Cemetery due to Hurricane Jeanne and
Frances Damage (Finance Transmittal 11/3/04)
04.060 J. Authorize Expenditures for Emergency Repair Services by Suffolk Construction Co.,
Not to Exceed $130,346 and Appropriate $130,346 from City's Emergency Reserve
Fund to Cover These Expenses Until Reimbursement is received from City's Insurance
Carrier or FEMA/State (GSA Transmittal 11/5/04, Damage Log)
04.224 K. Approve the Coltective Bargaining Agreement Between the City of Sebastian and the
Central Florida Police Benevolent Association, Inc. Effective October 1, 2004 through
September 30, 2007 (HR Transmittal 11/9/04, Contract)
04.225 L. Authorize the Purchase of One Chevrolet Silverado One Ton Crew Cab Pickup with
Four poors at a Cost of $27,730.00 Piggybacked on the Florida Sheriff's Association
Through Classic Chevrolet of Winter Park (Stormwater Transmittal 11/5/04, Quote)
4
4.i� � �.:�� ;,�;�,
Regular City Council Meeting
November 17, 2004
Page Five
New M. ADDED TO AGENDA
Resolution No. R-04-52 — Non-Binding Referendum on Annexation — Official Re�ults
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING
TO THE NOVEMBER 2, 2004 SPECIAL ELECTION FOR A NON-BINDING REFERENDUM;
PROVIDING FOR DECLARATION OF OFFICIAL RESULTS OF THE INDIAN RIVER COUNTY
CANVASSING BOARD; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, consent agenda items A-M
were approved on a roll call vote of 5-0.
8. COMMITTEE REPORTS/RECOMMENDATIONS
A. Report bv Planninq and Zoninq Chairman Richard Smith
Chairman Smith reported on the activities of Planning and Zoning, commended the commission
members, staff and all involved in the process of reviewing land development applications; and
expressed concern for the cu�rent backlog of applications.
9. PUBLIC HEARING - None
10. INTRODUGT�vN ur ntnr au��n��� �R�+�•� ��•� . ���._
Item that has occurred or was discovered within the previous six months which is not otherwise on the
agenda - sign-up required - limit of five minutes for each speaker
Andrea Coy, expressed disappointment regarding lack of response to her complaint to Code
Enforcement and Building Department for work being performed in her neighborhood by
someone who turned out to be unlicensed, noting that although stopped�the man was not cited.
Adrina Davis discussed the pending police raises and said he would like to see the officers
receive a 10% raise. It was noted the item was already approved under consent.
Walter Barnes said there was no reference to annexations being commercial or residential in
the referendum question and suggested that all annexations be reviewed on their own merit;
and discussed a contractor who found it took a very long time for out of town contractors to
obtain a license in the City.
Damien Gilliams, Sebastian, asked why the City of Sebastian did not require builder's risk
insurance for the new City Hall policy. Mayor McColllum said he had researched the item
thoroughly this week and found that the $130,000 the City had to come up with to cover
damages under the risk policy deductible was very responsible. He said the total cost to the City
would be just over $6,600 after FEMA reimbursement.
5
Regular City Council Meeting
November 17, 2004
Page Six
11.
04.226
12.
04.227
Mr. Giiliams recommended naming the new park for veterans.
Sal Neglia briefly inquired about items on the new city hall repair list.
OLD BUSINESS
�; 4;� J
A. Consideration of Namina New Municipal Park (Citv Manaper Transmittal 11/2/04. List)
Mayor McCollum recommended that the park name commemorate the hurricanes that brought
out the spirit and cooperation of the community. Mr. Coniglio suggested Friendship Park would
best describe it and Mr. Heptinstall agreed. Ms. Monier suggested Sebastian City Place
because of the feel of this area being the heart of the City where people will gather.
On a roll call vote of 3-2,
complex park.
NEW BUSINESS
"Friendship Park" was chosen as the name of the new municipal
A. Citv Clerk Performance Evaluation (HR Transmittal 11/9/04)
Each member of Council presented their evaluation of the City Clerk.
On MOTION by Mr. Coniglio and SECOND by Mr. Heptinstall, a five percent increase was
approved for the City Clerk on a roll call vote of 5-0.
Tape 1, Side ll, 8:01 pm
13.
14.
15.
CITY ATTORNEY MATTERS
The City Attorney reported on the fact that the City is the only qualifying testing facility for
contractor licensing in the area and is taking a financial loss; said he will work on an ordinance
to remove the City as a testing facility; stated he would get back to work on the historic
preservation language in January, and concurred with Council's comments on the City Clerk.
CITY MANAGER MATTERS
The City Manager stated an extension to June 2005 on the renovation of the old elementary
school had been received and requested approval to execute the extension agreement. It was
the consensus of Council to send the grant amendment to Tallahassee.
He reported that the Yacht Club ramp open is now to the public
CITY CLERK MATTERS
None.
L
November 19, 2004
The Honorable Kay Clem
1750 25"' Street
Vero Beach, FL 32960
Dear Kay:
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1225 Main Street, Sebastian, FL 32958
(772) 589-5330
city@cityofsebastian.org
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Piease find enclosed a copy of Resolution No. R-04-52 adopted by City Council at
their November 17'" meeting.
Thank you very much for your assistance with this ballot question. I hope to see
you on December 8�' at our dedication ceremony.
Sin re
�
Sally A. M ' , MMC
SAM/jw
Enclosure
11/18/�4 TUE 10:36 FA% 7727705367 IRC ELECTIONS f�J001
CERTIFICATE OF COUNTY CANVASSING BOARD
STATE OF FZ.ORIDA
Indian River County
We, the undersigned, Joe Wild, County Judge, Kay Clem,
Supervisor of Elections, and Fran Adams, Member of the Board of Counry
Commissioners, constituting the Boazd of County Canvassers in and for
said County, do hereby certify that we met on the 12`� day of November,
A.D., 2004, and proceeded publicly to canvass the votes given for the Non-
Binding Referendum herein specified at the General Election held on the
2nd day of November, A.D., 2004 as shown by the returns on file in the
office of the Supervisor of Elections. We do hereby certify from said
returns as follows:
CTTY OF SEBASTIAN
NON-BINDING REFERENDiJM
If land next to the City is designated for development, should the City annex
it?
yES ii, 238 _ votes
NO �i aS(o votes
�
Joe ild, County Judge �
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Kay Cle , Supervisor of Elections -
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Fran Adams, Board of County
Commissioners
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SCRIPPS HONVARD
SCRIPPS TREASURE COAST
NEWSPAPERS
Vero Beach Press Journai
1801 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before the undersigned authority personally appeared, Karen Trego, who on oath says that she is Legal Advertising
Representative of the Vero Beach Press Joumal, a daily newspaper published at Vero Beach in Indian River County, Fiorida:
that the attached copy of advertisement was pubtshed in the Vero Beach Presa Joumal in the followinfl issues below. Affiant
further says that the said Vero Beach Press Joumal is a newspaper published in Vero Beach in said Indian River County,
Florida, and that said newspaper has heretofore been continuously published (n said Indian River County, Florida, dafly and
distributed in Indian River County, Florida, for a period of one year next precedinp the first pub�ication of the attached copy of
advertisement; and affiant further says that ahe has neither paid or promised any person, firtn or corporaHon any discount,
rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Vero
Beach Press Joumal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indfan River County, Florida and
has been for a period of one year next preceding the first publication of the attached copy of advertisement.
Customer
SALLY MAIO
SALLY MAIO
Ad
Number
775799
Pub
Date Convline
10/1/2004 SPECIAL
10/15/2004
Subscribed and sworn to me before this date:
Oc er 15, 2004 ,
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;'pY P ���i �RLY M. KEEHNER
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Regular City Council Meeting
June 23, 2004
Page Nine
B.
C.
D.
04.163
E.
17
Approved at the
Ms. Monier - Absent
Mr. Barczvk - None
Mavor McCollurn
�°, `� � , �" "�
�F
kf.:. �
_ .... ., .. 5A
_ .....�-:
Mayor McCollum recommended a non-binding straw ballot to find out if residents want
the Council to annex any more properties.
On MOTION by Mayor McCollum, and SECOND by Mr. Heptinstall, Council instructed
the Attorney to draw up a resolution for the July 14th meeting to present to the
Supervisor of Elections that the City of Sebastian wants a non-binding question on the
November ballot which simply states NShould the City of Sebastian annex any more
property" by a vote of 3-1 (Coniglio — nay). ,
In response to Sal Neglia, Mayor McCollum said there is no specific method in the
Charter for a binding referendum, and a non-binding ballot is more appropriate.
The City Attorney said the question should read, "Should the City stop any further
annexations?"
Mr. Coniglio said education of both sides of this issue is important, and that a third option
"I don't know" should be added. He said a landowner will try to get as much as he can
out of his property and if he can't get it here he'll get it from the county.
Mr. Heptinstall
Mr. Gilliams requested that Council look again at the Ohlmstead property as a I�ase if
his current contract falls through (see submittal attachea�. '
On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk to adjourn the meeting, the
motion failed on a 2-2 (tie) vote. Discussion continued.
Mayor McCollum said placing this item on the agenda to take action requires an
unanimous vote of the CounciL
At 10:30 no motion was made to extend the meeting, therefore Mayor McCollum
adjourned the meeting. ��, � -nr�
Nathan B. McCollum, Mayor
meeting.
7
ATTEST:
Sally A. Maio, CMC, City Clerk
x.,. �-. , ;
r:N � n,r— ;:s
� ..
�
Jeanette Williams
From: Sally Maio
Sent: Monday, June 07, 2004 8:23 AM
To: Jeanette Williams
Subject: FW: Agenda item
FYI
-----0riginal Message-----
From: nathanmccollum@bellsouth.net [mailto:nathanmaollum@bellsouth.net]
Sent: Saturday, ]une 05, 2004 1:40 PM
To: Terrence Moore
Cc: Richard Stringer; Sally Maio
Subject: Agenda Item
On the June 23, 2004, Council Agenda, please add the following item under my matters:
Non-Binding Referendum On Annexation
Thanks
Nathan AAcCollum
6/1 Q/2004
Page 1 of 1
_,._
09%'29✓2004 11:28 FAZ 561 978 2366 PRESS JOURNAL CLASSIFIED f� 001
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� � �• �I� � PUBLIC NOTICE
�� 9� ° CI7Y OF SEBASTIAN
����� SPECIAL El.ECTION i
• ""'' ' ' • NON-$INDlNO R�fERENDUM , ,
' �,./ iZ' "' _ � . . ' . .. , � -:
\
... . • �, � /.� � . . : , . ,' • ,
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' .
INDIAN RIVER COUNTY,
FLORIDA
TM Clty of Sabwtlan, Indien RNer CouMy, Fiorlda wtll conduct a apadai� elao-
tion ln canfunctfon with Uie Novem!»r 2, Z004 Gsn�ral Election by plaging a
r�on-bindinp retenndum questlon as follows:
"iL�nd nvxt to tM City is designeted 1'or dewlopmsnt, should tha City innex
Ya
No
TFw potprp placas shsU b� op�n from 7:00 e.m. to 7:OQ p.m. Locetlons:
CiTY OF SEBAS'11/W POIUNG PLA+CES:
103--S�ttan Communhy Gnter. 9�6 N. GMral Av�nw,�Sabastlan
104—VFVII Post 10210, 81S Louisiane Av�nw, S�i�tlan
106�--S�benim Ella� s No. 2714, 731 S�uth Fiaming Stnat, Sabsstirn
708—Nortft Indim River �ourrly Library, 1001 CR 612, S�b�sdan
107—S�Wan ElwrMnUry School, 400 Cfi 612. S�bpdan
109—Nordt Indtan River Courty Ubrary, 1001 CR 512, Sebaatien
Z07—Wab�ao School, 8896 U. 3. HiSMnay t, Webuso
203--Catv�ry Baotist clwr�h, 123 ThundKbird Driw, Sebestlan
Z04---��b�rN�n ChrlsUan CFwrch, 190 Dry Orive, S�bseNan
tnnnst�d parti�s may inepact the.a�p tin� R�solutlon in the Office Of tha
CItY dKk. City Haii, Monday through Friday, 8:00 a.m. to 4:30 p.m.
Saly A. M�io, CMC
C Cf�rk - Ciry of S�baeti�n
{100.342 FS)
OcDob�r 1,16. 2004
i '
.L� . � ��� .
:� .
l .
;
. :}.� . . ... . . .. ... . . ..�:
. ..�.:
Legal Ads for November Non-Binding Referendum
Sally Maio
From: Trego, Karen [karen.trego�scripps.com]
Sent: Tuesday, September 21, 2004 10:38 AM
To: 'Sally Maio'
Subject: RE: Legal Ads for November Non-Binding Referendum
Got it and wili get a proof over to you shortly.
Karen
-----Original Message-----
From: Sally Maio [mailto:smaio@cityofsebastian.org]
Sent: Tuesday, September 21, 2004 10:27 AM
To: karen.trego@scripps.com
Cc: 7eanette Williams
Subject: Legal Ads for November Non-Binding Referendum
i
Pag� 1 of 1
Good morning Karen - I am attaching a legal ad for the City of Sebastian non-binding referendum �o be
advertised in accordance with FS 100.342 on Friday October 1, 2004 and Friday October 15, 200�.
Please let me know when you receive this e-mail and send me a proof prior to running the first ad. Thank
you, Sally
«AD3.doc»
Sally A. Maio, CMC
City Clerk
City of Sebastian, Florida
(772) 589-5330
9/21/2004
Da7E, TIh1E
FAX PJO. i'NAME
DURATION
PArEiS)
RESULT
MDDE
TRAIJSMiSSIOhJ VERIFICATIGN RF_P�RT�
�
0'3f 16 15: �8
977�5367
60: 02: 01
@4
GK
STANDARL
ECh1
TItYtE : k�9/16/2��.�4 15: T0
Hx Uate/'I'ime AUG-U"l�'LUUU(W�Uj 13;U5 77�77U5367
09/16/04 THU 19:37 FA7C 7727705367 IRC ELECTIONS
.
,:
1;��
Kay Clem
Supervisor of Elections - Indian River County, FL
1750 — 25`h Street,
Vero Beach, FL 32960
(772) 567-8187
(772) 770-5367 - Fax
TO: Sally Maio
FROM: Kay Clem
�
\
5�' e �
��� �
�
N. UU1
� ooi
PROJECT: Non-Binding Referendum Question for General Election BaUot
FAX: 772-589-5570
COMMENTS:
PAGES TO FOLLOW: 1
�;C ti { ,<<. . .
j i .� , 71' ...�: t zi. y '�uM^' '1'?' ��' 1 .�if;ifi��t��L+�� '�'� ��'� 'i:�!; s��l
d;_.�'� �h7r-:1"�''�. dr�rtc.�'(n ,..��j,�„*,����,��'i•�I�i'''• �.ti°:i.nu�.
PLEASE READ CAREFULLY!
YOU ARE RESPONSIBLE!
The attached proof is submitted for review and approval. This is your
opportunity to check for any errors and make any corrections needed. Please
make all changes on the proof. For additional comments, use space provided
below:
Please heck on of the following:
No corrections — Proof approved as submitted. Please sign, date and fax
back proof.
❑ Resubmit revised proof with conections or alterations
Additional Comments:
Hx Uate/'1'ime
09/16/04 THU 14:3
awwm rectnap
Dada 8nd Browerd
sferenda on whether
iachin86 in e�dstlng,
� iaali�es
I hamesa rac�ng,
and jei alai) that
re racinp or pames in
each of tl�e last two
fore dFective date of
'he leglsleture mey
�venues, snd any
upplement public
statewide. Requ(res
�aUon.
done has no fispl
nai� If slot
�oriz�d In Miami-
�our�ies,
e aseodeted with
g wiU inaease by an
�nd local sales bx-
�11 be reduced by $5
� annually. N the
iooses to tax slot
� atate ta�c revenues
�nd BroYratd
I would rarge (rom
b m�(on ennually.
YE8 �w ■/
NO � �
0. 5
fUT10NA�
IDMENT
ICLE X
Waee Miandmait
reates a Florida
�ering all employees
d by the fede�al
ie stste miNmum
6.15 pet hour sfx
ment, and tl�ereafter
ion each year. ft
ement, induding
x unpaid wages,
� fines by the state.
� apainst empbyees
ighk
�nendment on costs
ate and local
�ected to be
YES �
NO �
AuG-u'l-'LUUUiwEUi 13:u5
7 FA% 7727705367
Thia amendment repeals an
amendment in Ihe Fbrida Constl�utlon
Ihet requfres the Legi�aturo, the
Cabinet end fhe Govemot to proceed
wNh 1he developrt�ent and operatlon oI
a hiph speed grour�l irerreporta6on
system by the ste�e andlor by a pdvate
entiiy.
The probable finendal impect d
passape oi lhis amendment is a state
ooet aeNngs rarginp fiom i20 b�pon b
S� b�lfon ov� the next 30 y�eara Thla
est�nate aasurt�es the �el of
assodstad �aws, ihe use of atste bonda
b finance cor�trucdon� and could be
reduced by fode�ai or private sector
�9•
NO. 7
CONSTITUTtONAL
AMENOMENT
ARTICLE X� SECTION 7�
PMlarne' RIpM to Know About
Advers� Msdicai IncMl�nt;
IRC
YES �
NO ♦1
Current Florida law � lnformation
availaWe b petlecds related to
�nvestlgations of adveroe me�l
inddents� akh as rt�edical malprac�c�.
Tt�s ame�tdment wculd give petlenb
the rigM m reriew, upon request�
records oi healfh ca�e faditlea' or
Providers' adverse medicel fnddents,
indud�g tlwso v�ldch aould c�use
injury or dseth. Pro�riidas tl�t pedenls'
iden6ties should not be dfsdoted.
The cfirect Anancial impact lhie
emendmeM wiN heve an sta�e and
locel govemmertt mvenues end
expendilutes cannot be deteRrdned,
but is expected b be m(nimal. Sfa6a
agendes wll inax some addidonei
oosts 6u oomply wim q,bic reoo�ds
roquirernenb of the amendment, but
theee oos� wiN be generapy oTt�set by
tees charged to the peraane roquestlrg
fhe (rrfonnallon.
NO. 8
� CONSTI7'UTIONAL
AMENDMENT
y ARTICLE X, SECTION 20
Pubqc Probction 1rom Repated
�wdreu Nwp�acaw
N
y
� � N
NO «■ ■�
Cwrent Iaw aAowa medcal docias
who have commft0ed repe�ted
malprac�Ce b be liceneed Eu p�Ce
medk�a i� �bdda, Thfs amendment
prohibi0s mcdk�l docbrs who have
been found to have oonur�ftted three or
mo�e inddents o� medcel malpradioe
trom being �ensed to pradfoe
medk�ne in Flaida
The dkect flnar�ial impect on atate and
77'L77U5367
'IONS
op�n �p�;� and wildlih habRat
praervadon
7o aaquire and aese�ve land to
protea watet reeources� drinking
wata sources, envqonma�tally
eigniflt�nt lands� hfs0oric sites,
aAticxrlp�rsl lande, opai spaoas,
endlor Y�IdNfe hebi4tt, shaA Indian
River CauMy be aufhotized to issue
9ene�al obhgatlon bondt wHh
n►eturi6se rqt exceed(rg 15 years et
(nterest retes not exceeding the fegei
ma�dmum !n en enwunt rat
e��9 i50 mdbn peyable from
ad valaem taxea not exoeedlr►g X
mfll, wilh prolect speridin8 g�bjad to
annual Independent audit?
FOR BONDS
�
�
AGJUNST BONDS ♦■
�NON-BINDtN.,G'':;;:''``
� `; :,: =; �>�',": REFERENDU�III : ` � �;;: ..
If land next to fie CUy i: deeigrreted for
developme�, ehoua fhe aty annex lt?
YES ♦r
NO �
y
yl
�
1
�I
y
P. UU'L
I�oo2
�I� r_.
�
��
b�
9 ��
1
1
�.�,-- �
RESOLITTION NO. R-04-40
A RESOI.UTION OF THE CITY OF SEBASTIAN, FLORIDA
AUTHORIZING A SPECIAL ELECTION FOR NON-BINDING
REFERENDUM ON ANNEXATION; PROVIDING FOR CONDUCT
AND PAYMENT FOR SAME; PROVIDING FOR THE MAILING
HEREOF; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 4.04 of the Charter for the City of Sebastian, Florida
provides special elections may be authorized by resolution of Council; and
WHEREAS, the public interest will be served by conducting a non-binding
referendum in conjunction with the 2004 presidential election on the issue of annexation
of lands bordering the city limits; and
NOW, �'HEREFORE BE IT RESOLVED:
Section 1. That a special election for the City of Sebastian is hereby called for
November 2, 2004 to present the following question for non-binding referendum:
"If land next to the City is designated for development, shouid the City annex it?"
to which there shall be two possible answers, either "Yes" or "No".
Section 2. DELEGATION. City Council hereby requests that the Indian River
County Supervisor of Elections administer said election, and hereby delegates the
conduct of such election to said officer and further authorizes payrnent to the Supervisor
of Elections to reimburse the costs thereof.
Section 3. Upon adoption, the City Clerk is hereby directed to send a copy of
this Resolution by U.S. mail to the Indian River County Supervisor of Elections.
Section 4. This Resolution shall be effective upon adoption.
The foregoing Resolution was moved for adoption by Councilmember coniglio
The motion was seconded by Councilmember Barczyk
into a vote, the vote was as follows:
Mayor Nathan B. McCollum
Vice-Mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Lisanne Monier
and, upon being put
aye
aye
aye
aye
Councilmember Michael Heptinstall aye
The Mayor thereupon declared this Resolution duly passed and adopted this �`h day of
15th
September, 2004.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
.�
��� � � Y
Sally A. 'o, CMC
City Clerk
By:
Mayor Nathan B. McCollum
Approved as to form and legaIity for
reliance b the City of Sebastian only:
�C, 1
Rich Stringer, C' Att rney
Saily Maio
From: Sally Maio
Sent: Tuesday, September 21, 2004 10:27 AM
To: 'karen.trego(d,�scripps.com'
Cc: Jeanette Williams
Subject: Legal Ads for November Non-Binding Referendum
Good moming Karen - I am attaching a legal ad for the City of Sebastian non-binding referendum to be advertised in
accordance with FS 100.342 on Friday October 1, 2004 and Friday October 15, 2004. Please let me know when you
receive this e-mail and send me a proof prior to running the first ad. Thank you, Sally
�
AD3.doc
Sally A. Maio, CMC
City Clerk
City of Sebastian, Florida
(772)589-5330
PUBLIC NOTICE
CITY OF SEBASTIAN
SPECIAL ELECTION
NON-BINDING REFERENDUM
INDIAN RIVER COUNTY
FLORIDA
The City of Sebastian, Indian River County, Florida, will conduct a special election i�n
conjunction with the November 2, 2004 General Election by placing a non-bindin�
referendum question as follows:
"If land next to the City is designated for development, should the City annex it?"
Yes
No
The polling places shall be open from 7:00 a.m. to 7:00 p.m. Locations:
CITY OF SEBASTIAN POLLING PLACES:
103 Sebastian Community Center, 1805 N. Central Avenue, Sebastian
104 VFW Post 10210, 815 Louisiana Avenue, Sebastian
105 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian
106 North Indian River County Library, 1001 CR 512, Sebastian
107 Sebastian Elementary School, 400 CR 512, Sebastian
109 North Indian River County Library, 1001 CR 512, Sebastian
201 Wabasso School, 8895 U.S. Highway 1, Wabasso
203 Calvary Baptist Church, 123 Thunderbird Drive, Sebastian
204 Sebastian Christian Church, 190 Day Drive, Sebastian
Interested parties may inspect the adopting Resolution in the Office of the City Clerk, City
Hall, Monday through Friday, 5:00 a.m. to 4:30 p.m.
By:
Sally A. Maio, CMC
City Clerk - City of Sebastian
(100.342 FS)
Publish: Vero Beach Press Joumal
Legal Notices
Friday, October 1, 2004 and Friday, October 15, 2004
Iwp-electlad3. wpd
Cmr�
�����
HOME OF PEUCAN IS[AND
12?5 Main Street
Sebastian, Florida 32958
(772) 589-5330 phone - (T72) 589-5570 fax
September 20, 2004
Kay Clem
�upervisor of Elections
Indian River County
1750 25�' Strest
Vero Beach, FL 32960
RE: Resolution No. R-04-40 - Non-Binding Referendum
Dear Ms. Clem:
Enclosed please find a copy of Resolution No. R-04-40, calling a special election for November 2,
2004 for the City of Sebastian and requesting your office to administer the election.
tf you have any questions, please do not hesitate to contact me.
Si y,
� ��' �
�
Sally A. aio, CMC
City Clerk
sam
Enclosures
cc: Mayor and City Counci!
City Manager
City Attomey
1wp-electl soelet 1. wpd
._ ,
RESOLUTION NO. R-04-52
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO THE NOVEMBER 2, 2004 SPECIAL ELECTION
FOR A NON-BINDING REFERENDUM; PROVIDING FOR DECLARATION OF
OFFICIAL RESULTS OF THE INDIAN RIVER COUNTY CANVASSING
BOARD; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council, pursuant to Section 4.04 of the City Charter, adopted
Resolution No. R-04-40 on September 8, 2004, calling for a special election for a non-binding
referendum; and
WHEREAS, the City Clerk of the City of Sebastian, pursuant to Section 100.021 of the
Florida Statutes, published notice of the special election finrice in the Vero Beach Press
Journal, a newspaper of general circulation.
WHEREAS, the City Clerk posted the special notice of the special election on the
official announcement board located at City Hall; and
WHEREAS, by virtue of the Presidential Election on November 2, 2004, canvassing
was conducted by the Indian River County Canvassing Board in accordance with State law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. DECLARATION. The City Council of the City of Sebastian, Indian River
County, Florida, hereby accepts the official returns provided by the Canvassing Board for
Indian River County for the City of Sebastian special election, held on November 2, 2004, in
conjunction with the Presidential Election, as attached hereto as Exhibit "A".
SECTION 2. RECORDING. The City Clerk is hereby directed to enter the results of
the special election in the official minutes of the City Council meeting during which this
Resolution is adopted.
�
SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
SECTION 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its
passage.
The foregoing Resolution was moved for adoption by Councilmember con�glio
The motion was seconded by Councilmember Monier and, upon being put to a
vote, the vote was as follows:
Mayor Nathan McCollum ave
Vice Mayor Joe Barczyk aye
Councilmember Ray Coniglio aye
Councilmember Lisanne Monier 8Ye
Councilmember Mike Heptinstall aye
The Mayor thereupon declared this Resolution duly passed and adopted this 17th day
of November, 2004.
CITY OF SEBASTIAN, FLORIDA
r �
By: _
Nathan McCollum, Mayor
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
,
u V�
Rich Stringer � ity rney �
2
A'
Sally A
. ,
.
, MMC - City Clerk
�
CERTIFICATE OF COUNTY CANVASSING BOARD
STATE OF FLORIDA
Indian River County
We, the undersigned, Joe Wild, County Judge, Kay Clem,
Supervisor of Elections, and Fran Adams, Member of the Board of County
Commissioners, constituting the Board of County Canvassers in and for
said County, do hereby certify that we met on the 12`h day of November,
A.D., 2004, and proceeded publicly to canvass the votes given for the Non-
Binding Referendum herein specified at the General Election held on the
2nd day of November, A.D., 2004 as shown by the returns on file in the
office of the Supervisor of Elections. We do hereby certify from said
returns as follows:
CITY OF SEBASTIAN
NON-BINDING REFERENDUM
If land next to the City is designated for development, should the City annex
it?
YES 'i, 238 votes
NO �i. $ � (n votes
��
Joe Wi d, County Judge
Kay Cl , Supervisor of Elections
� /�' vl_
Fran Adams, Board of County
Commissioners
� .t
RESOLUTION NO. R-04-40
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA
AUTHORIZING A SPECIAL ELECTION FOR NON-BINDING
REFERENDUM ON ANNEXATION; PROVIDING FOR CONDUCT
AND PAYMENT FOR SAME; PROVIDING FOR THE MAILING
HEREOF; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 4.04 of the Charter for the City of Sebastian, Florida
provides special elections may be authorized by resolution of Council; and
WHEREAS, the public interest wili be served by conducting a non-binding
referendum in conjunction with the 2004 presidential election on the issue of annexation
of lands bordering the city limits; and
NOW, �HEREFORE BE IT RESOLVED:
Section 1. That a special election for the City of Sebastian is hereby called for
November 2, 2004 to present the following question for non-binding referendum:
"if land next to the City is designated for development, should the City annex it?"
to which there shall be two possible answers, either "Yes" or "No".
Section 2. DELEGATION. City Council hereby requests that the Indian River
County Supervisor of Elections administer said election, and hereby delegates the
conduct of such election to said officer and further authorizes payment to the Supervisor
of Elections to reimburse the costs thereof.
Section 3. Upon adoption, the City Clerk is hereby directed to send a copy of
this Resolution by U.S. mail to the Indian River County Supervisor of Elections.
Section 4. This Resolution shall be effective upon adoption.
The foregoing Resolution was moved for adoption by Councilmember coniglio
The motion was seconded by Councilmember Barczyk
into a vote, the vote was as follows:
and, upon being put
Mayor Nathan B. McCollum aye
Vice-Mayor Joe Barczyk aye
Councilmember Ray Coniglio aye
Councilmember Lisanne Monier aye
Councilmember Michael Heptinstall aye
The Mayor thereupon declared this Resolution duly passed and adopted this �`h day of
15th
September, 2004.
ATTEST:
---�
� �
�L�, �r -
Sally A. 'o, CMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
�
By:
Mayor Nathan B. McCollum
Approved as to form and legality for
reliance b the City of Sebastian only:
�� �
Rich Stringer, C' Att rney
�a
SE�T�AN
i���"�
����
�
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject Resolution No. R-04-40 —
Non-Binding Referendum Re: Annexation
Approved for
City Manager
City Attorney:
Exhibits: Resolution No. R-04-40
Agenda No. (��i - � �o�
Department Origin: City ClerkC��
Date Submitted: 8/31/04
For„Agenda of: 9/ 04
915�
SUMMARY STATEMENT
City Council, at its June 23, 2004 Regular Meeting, approved placing a non-binding
referendum relative to annexation on the November 2, 2004 ballot.
For the City this is a special election. In accordance with the City Charter, special
elections may be called by resolution provided that not less than thirty days nor more
than sixty days intervene between the date of the adoption of the resolution and the date
of the election. The Supervisor of Elections was notified of the proposed question and
concurred with placing it on the November 2, 2004 ballot.
City Council, at its August 25, 2004 Regular Meeting, selected question #4 of the 5
proposed questions provided by the City Attorney. The question reads as follows:
"If land next to the City is designated for development, should the City annex it?"
Yes
VL�7
Appropriation of funds will be brought back to City Council in the first quarter of fiscal
year 2005 since this was not included in the proposed budget due to timing. The cost af
the referendum has not been determined at this time.
Resolution No. R-04-40 places the item on the ballot, approves appropriation of funds,
and delegates authority to the Supenrisor of Elections to administer the election for the
City of Sebastian.
RECOMMENDED ACTION
Move to adopt Resolution No. R-04-40.
100.151 Special elections called by local �overnin� bodies, notice.--County
commissioners or the go� ac�a�r of a musticipetiq�shal! not call any
special electiorr urtt�i n�e-is given to the superWsor af eiections a� his or
her consent obtained as to a da�s: when the registration books can be
available.
100.342 Notice ot specfal electlon or referendun�.--In any speciaf election or
referendum not otherwise rovided for there shall be at leas 30 da s' notice ��
P X Y
of the election or referendum by pub�eation in a newspaper of general
circulation in the county, district, or munidpality, as the case may be. The
publication shall be made at least twice, onc� kt ffie fifth week and once in �/
the third week prior to the week in which the election or referendum is to b l
held. If there is no newspaper of general circulation in the county, district, r 5
munici ali the notice shall be p �
p ty, posted in no less than five laces within t e �(�
territorlal limits of the county, district, or municipality.
��2C.. 6 C� � � .��:� �` ��.� �,
� � %'� ,p
30 � �1 � ��a�- 6 a
- {�v� CQ.x ��i�a." _
;��.�,,I ��/ �a,�,���� ����.
izs.oi(y) ���� Q��- J2.1�0�— \
C�:�'�.C. � 'i
Place questions or propositions on the baliot at any p�imary election, general
election, or otherwise catled special election, when agreed to by a majority vote of
the total membershlp of the legislative and governing body, so as to obtain an
expression of elector sentiment with respect to matters of substantial concern within
the county. Na�elee�ee►ter�r8� d`�andaciie�rg a s�aw
baliot. Any election costs, as defined in s. 97.021, associated with any ballot question-
or election called specifically at the request of a district or for the creation of a
dfstrict shall be paid by the district either In whole or in �case ma'�j �
warrant. �
�
�`�
E �
, �,� _ � � _
� �.,� �° I � `�
�� � �
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Sally Maio
From: Sally Maio
Sent: Monday, August 30, 200410:21 AM
To: ircelections�bellsouth.net
Cc: Rich Stringer, Terrence Moore; Jeanette Williams
Subject: City of Sebastian Non-Binding Referendum for November 2
Hi Kay - I am sending you the non-binding referendum language for November 2nd today and will follow up with a'letter
after its formal adoption by resolution on September 8th, in acoordance with our City Charter. The question will read as
follows:
"If land next to the City is designated for development, should the City annex it?"
Yes
No
Sally A. Maio, CMC
City Clerk
City of Sebastian, Florida
(772)589-5330
Regular City Council Meeting
August 25, 2004
Page Seven
04.163
13. CITY ATTORNEY MATTERS
,.;. "�r'` ,:1
A. Direction Concernina Annexation Referendum Languaae �no backun)
The City Attorney distributed a paper entitled "Potential Referendum Language" with five
suggested questions (see attached).
Mayor McCollum read the questions for the benefit of the public.
Andrea Coy, Sebastian, suggested the Council strongly consider #1.
John Oakes, suggested keeping the question simple.
Richard Taracka, Sebastian, suggested adding language that might include the possibility of
annexation of beneficial land such as industrial and commercial.
Mr. Barczyk preferred choice #1.
Mr. Coniglio preferred choice #5. -
Mr. Heptinstall agreed with choice #1 or #4 with some language regarding an opportunity for
industrial and commercial
Side l, Tape71(9:11 pm)
14.
04.180
Ms. Monier preferred choice #5.
Mayor McCollum preferred choice #1.
� �, "
�t
On MOTION by Mayor McCollum and SECOND by Mr. Barczyk question #1 for the annexation
referendum failed on roll call vote of 2-3 (Coniglio, Monier, Heptinstall - nay).
On MOTION by Mr. Coniglio and SECOND by Ms. Monier question #5 failed on a roll call vote
of 2-3 (Barczyk, Heptinstall, McCollum - nay)
On MOTION by Mr. Heptinstall and SECOND by Mr. Coniglio, question #4 passed on a roll call
vote of 5-0.
CITY MANAGER MATTERS
A. Potential Proposals for Citv Council Board and Committee Apqreciation Function�s)
jno backun)
The City Manager advised the Employee Appreciation Picnic will take place on October 23,
2004 at Riverview Park; and that the Holiday Awards Banquet takes place in December and that
staff had concluded that the committee members could be invited to attend both functions; or
that the City Council may want to have a separate function for committee members.
Mr. Coniglio and Mayor McCollum said they did not want to have employees feeling
uncomfortable or doing any additional wo�k, however, it was the consensus of Council to include
committee members in both activities.
7
r
Statutes & Constitution :View Statutes :>2003->Ch0100->Sedion 151 : flsenate.gov Page 1 of 1
100.151 Special elections called by lotal go�nin; bodies, notice.--Co�x�ty or the
s�oveming authority of a municipality shall not call ary spetiat e�e�ction uk� notioe is gi�� tn the
supervisor of elections and his or her ca�sent obtained as to a date v�F�en the registration books c.an
be avaitabte.
http://www.flsenate.gov/Statirtes/'wdex.cfm?App mode=Dispiay_StatuteBcSesrch String=... 7/28/�004
Statutes & Constitution :View Statutes :->2003->Ch0100>Sedion 342 : flsenate.gov Page 1 of 1
100.342 Notice of special elecHon or referendum.--In arry special election or referendixn not
otherwise p�ovided for there shall be at least 30 days natice of the etectian or referendum by
publication in a newspaper of general circulation � the co�nty, district, ur municipality, as the
case may be. The pubtication shalt be made at teast twioe, onoe in the fiftl� w�eck and onoe in the
third week prior to the week in which the election or �eferer�m is to be held. If there is no
nevvsPaPer of general circulation in the cantY, d��, a��Y, tl�e r�otice sh�t be posted
in no less than five places within the territaiat limits of the canty, district, or rr�icip�ity.
http://www.flsenate.gov/Statutes/'mdex.cfin?App_mode=Display_StatuteBcSearch String=... ?!28/�004
Jeanette Williams
From: Sally Maio
Sent: Thursday, July 01, 2004 3:31 PM
Ta: Jeanette Wiifiams
SubJect: FW: Non-Binding Referendum
-----0riginal Messdge--
From: Sally Maio
Sent: Ttwrsday, luly Ol, 2004 3:29 PM
To: Rich Stringer
Cc: Terrence Moore: 7ce Barayk; lisanne monier; mike heptinst�ll; natlian m000llum: ray oor�glio
Subjec� Non-Binding Referendum
Hi Rich - I need to make a co�rec.tiion in the dates for the non-binding ref�rendum. The elecbon is November 2, 2q04.
Sixty days prior is Sept�mber 3, 2004. the eariiest we could �lopt the resotution in accardance with the ct�arter ia
September 8, 200�4. Dates for adverdsement would be October 1st and October 15th (3rd and 5th weeks prior to �he
ele�tion).
Our cost per Kay Clem would be approximately $1 per registered voter. We have approximately 12,000 registered voters.
Sally A. Maio, CMC
City Clerk
City of Sebastian, Florida
(772) 589-5330
TCPaIm: Resident task force may address city growth issues
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Resident task force may address city growth
issues
It will cost the city 59,566 to put a non-binding referendum,
perhaps asking, "Should the city annex more land?," on the
Nov. 2 ballot.
By Tony 7udnich statf writar
7uly 13, 2004
SEBASTIAN — A task force of city residents might better address
Sebastian's growth issues than a referendum about annexations, said
City Councilman Ray Coniglio.
It will cost the city $9,566 to put a non-binding referendum, perhaps
asking, "Should the city annex more land?," on the Nov. 2 ballot. The
cost breaks down to 75 cents for each of Sebastian's 12,755
registered voters, said Kay Clem, Indian River County supervisor of
elections.
Advertisement
The City Councii is expected to discuss the
wording of the referendum on Wednesday.
- WEATHER � C
�
��
� �' �
�
City offlcials in recent months have approved
annexing six parceis of land from the
unincorporated county area into the city for five
new neighborhoods, totaling more than 1,200
single-family homes. The non-binding
referendum still would ailow the council to have
the final say on any future annexations.
But Co�iglio, who voted against a referendum,
said he'll propose forming a growth task force
of about 25 c1ty residents instead. The group
would examine growth issues by reviewing
Sebastian's land-use and comprehensive plans
and doing other tasks.
In April, the County Commission established a
30-member county Growth Task Force and
assigned it to review which land-development
regutations should be revised. The task force
met three times before handing over 80
possible revisions to the County Commission
last week.
http://www.tcpalm.com/tcp/local news/article/0,1651,TCP 1121_303258S,OO.htm1
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T
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inbrn�
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� ���,u
Treas
7/13/�004
TCPaIm: Resident task force may address city growth issues
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"We could make a task force like the county
and the citizens could get educated on growth
issues," Coniglio said recently. "The
referendum question is too simple. Why would
(a city voter) vote 'yes' for it? And do we want
to spend that kind of money on something
that's non-binding?"
But the wording of the question isn't set yet,
and Mayor Nathan McCollum has said the
referendum would allow city officials to get a
better idea of the thoughts of more residents,
not just those who show up at council
meetings.
County Commission Executive Aide Kimberly
Massung said it's difficult to estimate how much
the county task force cost the county. Among
other things, the amount would include the
cost of copying documents, providing lunches
and having some county staff help the task
force.
- tonY1udnich scri ps.com
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http://www.tcpalm.com/tcp/local_news/article/0,1651,TCP 1121_3032585,OO.htm1 7/13✓2004
Non-Binding Referendum
Sally Maio
To: Nathan McCoilum
Subject: RE: Non-Binding Referendum
Page 1 of 1
Sure - we paid $9,231.75 in March. Kay gave us a break this year for $.75 per registered voters, but told me to
budget $2 per registered voter for March 2005. Just to reiterate, Rich will discuss this under his matters on July
14th. Have a fun weekend! Sally
-----Original Message-----
From: Nathan McCollum (mailto:nathanmccollum@bellsouth.net]
Sent: Thursday, 7uly 01, 2004 8:12 PM
To: Sally Maio
Cc: Terrence Moore; Richard Stringer
Subject: Re: Non-Binding Referendum
You beat me to tMe punch. I read that in the Charter last night and realized that we cannot approve the
resolution before 60 days. I we should provide a brief update on the �harter rule during the July 14, 2004,
meeting. So, I would like it on the agenda somewhere. When I talked to Kay a f�w weeks ago, she stated
that she would like 90 days for the actual question. I am not sure if this is just her request or if there is a
State Statute somewhere that dictates 90 days. If there is a State Statute, we may need to revise the
timeline per the Charter. Also, when I spoke with Kay she stated the cost would be approximately $1.�00
per ballot cast. Can you confirm with her the actual cost?
Finally, can you provide me the cost of the March, 2003, election?
Thanks very much.
Nathan McCollum
--- Original Message ----
From: Sally Maio
To: Rich_Strin_ger
Cc: Terrence Moore ; Joe Barczvk ; lisanne monier ; mike heptinstall ; nathan mccollum ; ray conigiio
Sent: Thursday, July 01, 2004 3:28 PM
Subject: Non-Binding Referendum
Hi Rich - I need to make a correction in the dates for the non-binding referendum. The election is
November 2, 2004. Sixty days prior is September 3, 2004. The earliest we coutd adopt the resolution in
accordance with the charter is September 8, 2004. Dates for advertisement would be October 1 st �nd
October 15th (3rd and 5th weeks prior to the election).
Our cost per Kay Clem would be approximately $1 per registered voter. We have approximately 12,000
registered voters.
Sally A. Maio, CMC
City Clerk
City of Sebastian, Florida
(772) 589-5330
7/2/2004
Regul�� �itr Counci! Meeting
September 15, 2004
Page Two
6. PROCLAMATIONS ANNOUNCEMENTS AND/OR PRESENTATIONS
04.191
1-9
04.196
11-15
A. Certificate of Apqreciation to Lions Club of Sebastian. lnc.
Fantastic Indeqendence Dav Celebration
Ed Moore accepted the ptaqu� �n behalf oi the Lion's Club. Other members were also
in attendance.
7. CONSENT AGENDA
All items on the consent egenda are considered routine and will be enected by one motion. There will be no separate discussion
of consent agenda ifems unless a member of City Council so requests; in whfch evenf, the item will be removed and acted upon
separately.
04.163
17-19
A. Approval of Regular Meeting Minutes 8/25/04
B. Resolution No. R-04-38 Proje�t Safe School Grant (City Manager Transmittal 9/8104,
R-04-38)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE
CITY MANAGER AND/OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE UNITED STATI�S
DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES PROJ�CT
SAFE SCHOOLS PROGRAM.
C. Resolution No. R-04-40 Non-Binding Referendum Regarding Annexation (City Cl�erk
Transmittal 8/31/04, R-04-40)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING A SPECIA�.
ELECTION FOR NON-BINDING REFERENDUM ON ANNEXATION; PROVIDING FOPt
CONDUCT AND PAYMENT FOR SAME; PROVIDING FOR THE MAILING HEREOF; PROVIDINC�
FOR AN EFFECTIVE DATE.
04.060 D. Authorize Expenditure of $10,506.72 with Security One Systems, Inc. for Server
21_27 Licensing, Corporate Edition Software, and Installation for Security Systems in
the New Sebastian Police Station and City Hall (GSA Transmittal 8/31/04,
Proposal)
04.193 E. Approve Purchase of Club Car Carry All 2 from Club Car Deale� Professional
29-30 Golf Car Corporation for State Contract Price of $5,756.00 (GC Transmittal
9/8/04, State Contract Quote)
04.194 F. Approve Purchase of Toro Greensmaster 3150 from Hector for State Contract
31-34 Price of $20,358.00 (GC Transmittal, State Contract 515-630-03-1)
On MOTION by Mr Coniglio, and SECOND by Mr. Barczyk, consent agenda items A
through F were approved on a roll call vote of 5-0.
�I
2