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HomeMy WebLinkAbout06041986R~%Q HEARING/QQUNCIL ~QEK_~QR MEETIN~ ~ ~ !~ - 7:00 P.M. MAYOR HARRIS CALLEDA THE MEETING TO ORDER AT 7:00 P.M. COUNCILMAN VALLONE LED THE COUNCIL AND AUDIENCE IN THE PLEDGE OF ALLEGIANCE. INVOCATION WAS GIVEN BY REVEREND DANIEL MISSION. A. WEAVER/SEBASTIAN HIGHLANDS BAPTIST ROLL CALL: PRESENT: ABSENT: VICE MAYOR KENNETH ROTH COUNCILMAN ROBERT MCCARTHY COUNCILMAN LLOYD RONDEAU COUNCILMAN PETER VALLONE ATTORNEY THOMAS C. PALMER MAYOR L. GENE HARRIS NONE JUNE 11 - PUBLIC HEARING ~--~RDI-N-ANC~--AMEND-~NG LAND CUTS 512 DEVELOPMENT CODE RE: JUNE 11 - DISCUSSION~ TRANSCRIJ~N~ E~MENT JUNE 11 DISCUSSION. OPEN HOUR~ O? C~'R~Y PARKS JUNE 11 PRESENTATION: LIBRARY JUNE 18 PROCLAMATION - EMPLOYEE F~R ~NTH OF MAY JUNE 18 PROCLAMATION.- RECRE~.T~.Q~AN9 PARKS MONTH JUNE 11 PUBLIC FORUM. COUNTY~k~ER~ROGRAM £~IFICATE CURB OF PUBLIC THERE BEING NO INPUT FROM THE PUBLIC, P.M. MAYOR HARRIS CLOSED THE PUBLIC HEARING AT 7:02 MAYOR HARRIS ANNOUNCED THE MINUTES iNCLUDED IN THE COUNCIL'S PACKETS AS FOLLOWS: 10/9/85, 10/11/85, 10/16/85, 1/8/86, SPECIAL 1/15/86, 2/5/86, 2/12/86, 3/12/86, 3/17/86, 4/16/86, ALONG WITH THE 5/21/86. MOTION BY VICE MAYOR ROTH, 1986, MINUTES AS PRESENTED. SECONDED BY COUNCILMAN MCCARTHY, TO APPROVE THE MAY 21, ALL AYES: MOTION CARRIED. IT WAS DECIDED TO POSTPONE APPROVAL OF THE REMAINDER OF THE MINUTES PRESENTED UNTIL THE NEXT MEETING. !~EQ~Q~!Q~ Q~ BUSINESS FROM THE PUBLIQi NONE QQMMiTTEE g~RQg~i COUNCILMAN MCCARTHY STATED THAT PARKS AND RECREATION IS STILL WORKING ON PARKING STICKERS FOR BOAT TRAILERS AND IS WORKING UP THEIR 86-87 BUDGET FOR PRESENTATION TO COUNCIL. HE ALSO STATED THAT HE IS GOING iNTO DOUBLE SESSIONS WITH THE TREASURE COAST PLANNING COUNCIL FOR THE NEXT TWO OR THREE MONTHS. 1 JUNE 4, 1986 PAGE 2 COUNCILMAN VALLONE STATED THAT THE CEMETERY COMMITTEE IS READY TO GO. ARE TENTATIVELY SET FOR THE LAST THURSDAY IN EACH MONTH. THE FIRST POSSIBLY BE AT THE END OF JUNE. THE MEETINGS MEETING MAY COUNCILMAN RONDEAU STATED THAT REGARDING THE NORTH COUNTY FIRE TAXING DISTRICT; THE COUNTY COMMISSIONERS HAVE AUTHORIZED THE ATTORNEY TO DRAW UP AN ORDINANCE FOR THEIR APPROVAL TO INCREASE THE PRESENT .5 MILL TO 1 MILL PERMANENTLY. THEY WERE HOPEFUL iT WOULD BE ON THE NOVEMBER BALLOT. MRS. PEG RONDEAU, MEMBER OF THE COUNTY LIBRARY ADVISORY BOARD, STATED THAT THE COUNTY COMMISSION APPROVED PLACING ON THE SEPTEMBER BALLOT A REFERENDUM FOR AN 8.2 MILLION DOLLAR BOND ISSUE TO FINANCE THREE COUNTYWIDE LIBRARIES OVER THE NEXT FIVE YEARS, THE FIRST BEING IN SEBASTIAN. THE BOARD ALSO HOPES TO DECLARE AUGUST 17 AS COUNTY LIBRARY DAY. ATTORNEY PALMER READ, BY TITLE ONLY, A RESOLUTION GRANTING CERTIFICATE OF CONVENIENCE AND NECESSITY TO YELLOW CAB OF SEBASTIAN, INC. PUBLIC STEVE LULICH, ATTORNEY FOR Y~W~-~B~--~E~-~AN, INC., PRESENTED COUNCIL WITH A CERTIFICATE OF INCORPORATIOS-AI~QJ A PET,T£ON\W~H 170 SIGNATURES FOR YELLOW CAB. HE STATED THAT RATES ARE BELOW TH~ NATIONAL COUNCILMAN VALLONE HAD SEVERA~U~STIONS ON T~E OPERATIONS OF THE CAB SERVICE, I.E., MULTIPLE CALLS, RADIO DISPATC~ t%%-RKIlv~LOCA~I~IONS. HE ALSO STATED THAT HE FELT AN INSPECTION OF THE VEHICLES SHOULD BE REQUIRED. POLICE DEPARTMENT FINDS THE CARS TO EE UNSAFE, THEY SHALL ADVISE OWNER IN WRITING AND PROHIBIT OPERATION UNTIL CORRECTICNS ARE ~ADE. JaY ANDRE, QUESTIONED PRICES CHARG~I~ ~LTIPLE PICKUPS. CHIEF OF POLICE GERALD NAPPI QUESTIONED WHETHER I.D. CARDS WQ_UI~I BE CARRIED IN CABS. DONALD GRAIN E C SEBASTIAN, ., WERED.THAT MULTIPLE PICKUPS WOULDN,ON,LY $]~] C~'A~G~D ~q~T~EI~ ~STINATION F~O~ ~H5 ~AS~ STOP, AND IF THE ATTORNEY PALM5%~-STATE~ Thh%~I'TH-~ST~TE'~rNLY R~QUIRS~%'~B~rRi~VER~ TO HAVE A CHAUFFERS LICENSE; THE RESOLUTION WOULD HAVE TO BE AMENDED TO REQUIRE A PHOTO I.D. MOTION BY COUNCILMAN VALLONE, SECONDED BY VICE MAYOR ROTH, TO APPROVE THE RESOLUTION AS READ, BY TITLE ONLY, GRANTING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO YELLOW CAB OF SEBASTIAN, INC., AMENDED TO INCLUDE REQUIRING A PHOTO I.D. ATTORNEY PALMER SUGGESTED THAT THE PHOTO I.D. BE ISSUED BY THE CITY. ROLL CALL VOTE: AYES: VICE MAYOR ROTH COUNCILMAN MCCARTHY COUNCILMAN RONDEAU COUNCILMAN VALLONE MAYOR HARRIS MOTION CARRIED. MOTION BY COUNCILMAN VALLONE TO RATIFY CONTRACT WITH THE COMMUNICATIONS WORKERS OF AMERICA AS PRESENTED. VICE MAYOR ROTH STATED THAT THERE WERE NO CHANGES THAT HE COULD SEE IN THE ME-TOO CLAUSE. COUNCILMAN RONDEAU SAID HE WOULD NOT LIKE TO SEE THE MOTION DIE FOR LACK OF SECOND. MOTION BY COUNCILMAN RONDEAU, SECONDED BY COUNCILMAN MCCARTHY, UNTIL THE LAST MEETING IN JULY. (JULY 16, 1986) TO TABLE THE MATTER 2 JUNE 4, 1986 PAGE 3 ROLL CALL VOTE: AYES: NAYS: VICE MAYOR RUTH COUNCILMAN MCCARTHY COUNCILMAN RONDEAU COUNCILMAN VALLONE MAYOR HARRIS MOTION CARRIED° WHEN QUESTIONED BY COUNCILMAN VALLONE AS TO WHETHER THE CEMETERY SURVEY WAS INCLUDED, MAYOR HARRIS STATED THAT IT WAS IF NEEDED. MOTION BY COUNCILMAN MCCARTHY, CARNAHAN CONSULTING ENGINEERING RECOMMENDATION. SECONDED BY VICE MAYOR FOR SURVEY PER HECTOR RUTH, TO CONTACT DANIEL FRANCO, CITY ENGINEER'S ROLL CALL VOTE: AYES: VICE MAYOR RUTH COUNCILMAN MCCARTHY COUNC:nMA ONDEAU COONC q' MAYOR'~A~JIS _ MOTION CARRIED. MAYOR HARRIS READ LETTER FROM GEORGE KULCZYCKI, GENERAL DEVELOPMENT CORPORATION, IN ITS ENTIRETY REGARDING THE STRATTON~UE--~ITENSION. MR. KULCZYCKI SAID THAT THE EXTENSION SHOULD BE DONE BY THE ENDfO~ ~986~ HE ANNOUNCED THE CLEAN UP OF THE COLL[E~ C~d~EK AREA, EXTENSION OF SCHUMANN DRIVE TO C.R. 510, REQUEST FROM ROGER SKILSM~N TO ~LLOW FIRE DEPARTMENT TO BURN HOUSE ON HIS PROPERTY THAT WOULD NEED COUNCIL AP~'V~L A.~SO TO CLEAR RIGHT OF WAY FOR EXTENSION OF POWERLINE ROAD. IT WAS DECIDED TO PO~"]~PONE MR. SKILLMAN'S REQUEST UNTIL THE JUNE 18, A TO 1986, MEETING. JOHN VAN ANTWE~KE--~ON .~00~R~-~OM~-~E D:PA~NT O~---~RANSPORTATION FOR MASTER PLAN G~N~. h~E ~KI~ T~_.~\ ~TA~EQU_-.RES CCUN~,TO ~SS A RESOLUTION MR. VAN ANTWERP RECOMMENDED THE ATTORNEY REVIEW AND DRAFT RESOLUTION FOR COUNCIL'S CONSIDERATION. MOTION WITHDRAWN BY VICE MAYOR ROTH. FOR HIS REVIEW. HE THEN RECOMMENDED IT GO TO ATTORNEY PALMER MAYOR HARRIS REQUESTED THAT ATTORNEY PALMER DRAFT A RESOLUTION FOR THE NEXT MEETING. MAYOR HARRIS ANNOUNCED THAT HE HAD A HOLD-HARMLESS LEASE AGREEMENT THAT NEEDED TO BE SIGNED FOR PARKING AREA FOR FOURTH OF JULY. MOTION BY VICE MAYOR RUTH, SECONDED BY COUNCILMAN RONDEAU, ENTER INTO AGREEMENT AND SIGN THE LEASE AGREEMENT. TO AUTHORIZE MAYOR TO COUNCILMAN VALLONE AGREED WITH ATTORNEY PALMER THAT THE PARKING AREA BE CHECKED AND REPAIR ANY HAZARDS THAT EXIST. COUNCILMAN MCCARTHY STATED THAT REORGANIZATION OF THE ADMINISTRATION AT THE COURSE WAS NEEDED. GOLF MOTION BY COUNCILMAN MCCARTHY, SECONDED BY COUNCILMAN RONDEAU, TO REQUEST THE GOLF COURSE ADVISORY BOARD TO ASSIST THE CITY IN ESTABLISHING GUIDELINES AND ADMINISTRATIVE POLICIES AT THE GOLF COURSE. THE ADVISORY BOARD MUST HAVE THE FULL COOPERATION OF ALL EMPLOYEES AT THE GOLF COURSE AND THE CITY FINANCE DEPARTMENT. THE ADVISORY BOARD WILL PRESENT THEIR RECOMMENDATION TO THE CITY COUNCIL AS SOON AS POSSIBLE FOR THEIR STUDY AND ADAPTATION. 3 JUNE 4, 1986 PAGE 4 MAYOR HARRIS STATED THAT IT WAS HIS INTENT TO ADOPT A PLAN SIMILAR TO THIS MOTION. COUNCILMAN VALLONE SAID A SPECIAL MEETING SHOULD BE HELD ON THE GOLF COURSE PROBLEM AND NOT DEALT WITH IN A MOTION SUCH AS THIS. CALL COUNCIL MEMBERS AGREED THAT STEPS HAD TO BE TAKEN TO CORRECT THE PROBLEMS. ROLL CALL VOTE: AYES: VICE MAYOR ROTH COUNCILMAN MCCARTHY COUNCILMAN RONDEAU COUNCILMAN VALLONE MAYOR HARRIS MOTION CARRIED. NONE NE~ BUSINESS: JOHN BOVA, PARTNER IN CHARGE O/~LFUUR~D[-~-~NDO OFFICES OF DELOITTE, HASKINS & SELLS BEGAN BY DISCUSSING THE F. EL~kT]ICNSHIP OF ~H~UDIT FIRM TO ITS CLIENTS. HE SAID THAT THE MAJOR RESPONSIBILITY~ OF THE IFRM\W~S TO THE CITIZENS OF THE CITY. ALLEGATIONS MADE CANNOT BE IGNfR~BY THE F[RM.~ ~E THEN WENT ON TO SAY THAT THE FIRM IS WITHDRAWING THE BILL FOR Ar%DF. TI~NAL WO~( AN~ ~S RESIGNING UPON COMPLETION OF THE AUDIT. ~-- -- ~ VICE MAYOR ROTH STATED THAT THE CIT~4~SNLT-.~AID THEY WOULD NOT PAY THE BILL BUT HAS QUESTIONS ON THE AUDIT. ~ ~ ~ [~ MR. BOVA STATED THAT THE 1800 ADDITIOSAL ~Q//RS WAS MOSTLY BOOKKEEPING WORK AND THAT THE CITY HAD INSUFFICIENT PERSONNEL ~K ?H~ IFINANCE~'~ DEPARATMENT FOR ITS SIZE, TO DO THIS WORK. ' ~ .~ FRANK JAUMOT, REPRESENTING DELOITTE, HASKINS & SELLS, AGREED THAT THE CITY DOESN'T HAVE SUFFICIENT/~SO/~I~AK~RE~H~~CA~-~TRAN--~-~IONS THAT OCCUR IN THE FINANCE DEP~NT.~' - ' -- -- ~ ' -- ' ~ ~ ~ ----~'E~A~D/T~S ~T ~E FAULT ~ ~H~ ~N~NCE DEPARTMENT BUT THE FAULT OF THWACK O~ PER~NE~ ~ T~ ~EPA~ENT. ~ ~% I ~ WHEN QUESTIONED¢~ICE~YO~¢~T&~H~ HE FOU~A;~ R~CgMMENDATIONS OF THE 83/84 AUDIT WER~RZED T~H~M~ ~OT ~AT~~T~~OMMENDATIONS WERE NOT ABLE TO BE CORRECTED BECAUSE OF LACK OF PERSONNEL. HE SUGGESTED THAT THE CITY NEEDS A CITY MANAGER TYPE OF GOVERNMENT. MR. JAUMOT STATED THAT SOME WORK STILL NEEDS TO BE DONE ON THE AUDIT, HOWEVER, TWO OF THE THREE REPORTS WILL BE PRESENTED TONIGHT. THE FIRST REPORT WAS ON THE GOLF COURSE AUDIT. HE STATED THAT THE NET LOSS AT THE GOLF COURSE FOR THE LAST FISCAL YEAR ENDING SEPTEMBER 30, 1985, WAS $125,160.00 AND THE ACCUMULATED NET LOSS SINCE 1981 WAS $183,842.00. COUNCILMAN RONDEAU QUESTIONED WHY THE FINANCE DEPARTMENT DID NOT PRESENT THESE FIGURES TO COUNCIL. MR. JAUMOT STATED AGAIN THAT LACK OF PERSONNEL PREVENTED THEM FROM DOING SO. COUNCILMAN RONDEAU STATED THAT HE WAS UNDER THE IMPRESSION THAT THE GOLF COURSE WAS MAKING MONEY SINCE THE MONTHLY BUDGET ACCOUNTING SHOWS NO LOSSES. MAYOR HARRIS STATED THAT CITY'S GOLF COURSE MONTHLY BUDGET ACCOUNTING ONLY SHOWS DAY TO DAY OPERATIONS. CAROL CARSWELL, FINANCE DIRECTOR, REQUESTED THAT THE FAA LEASE FOR THE GOLF COURSE BROUGHT ABOUT IN JANUARY 1986 BE EXPLAINED TO COUNCIL. MR. JAUMOT STATED THAT THIS LEASE WAS AN ADDITIONAL LIABILITY FOR THE CITY. MITCH KRASNY, REPRESENTING DELOITTE, HASKINS & SELLS, EXPLAINED TO VICE MAYOR ROTH WHEN ASKED ABOUT THE CAST POSITION STATEMENT OF THE GOLF COURSE SIX MONTH STATEMENT. HE STATED THAT MOST OF THE CASH iS RESTRICTED CASH BEING HELD FOR THE PAYMENT OF CERTAIN ITEMS ON THE BOND AS REQUIRED BY THE BOND ISSUE, THIS CASH COMES OUT OF CASH TO BE SPENT FOR REGULAR OPERATIONS. MR. JAUMOT STATED THAT AS OF SEPTEMBER 30, 1985, THE ONLY AVAILABLE CASH WAS $600.00 PETTY CASH. 4 R~Q ~~G/QQ~Q~ ~QE~QR MEETIN~ JUNE 4, 1986 PAGE 5 MR. JAUMOT STATED THAT IN LETTER FROM BOND ATTORNEY IN MIAMI, THAT AS OF SEPTEMBER 30, 1985, THE CITY WS NOT IN COMPLIANCE WITH THE GOLF COURSE REVENUE BOND ANTICIPATION NOTES TRUST INDENTURE. HOWEVER, SINCE THEN THE ANTICIIPATION NOTES HAVE BEEN PAID OFF, BUT THE FIRM IS UNABLE TO DETERMINE WHAT THE EFFECT OF THE NONCOMPLIANCE WILL BE. COUNCILMAN VALLONE THANKED DELOITTE, UPGRADE THE FINANCE DEPARTMENT. HASKINS & SELLS FOR THEIR RECOMMENDATION TO ROY SNOEBLEN, REPRESENTING DELOITTE, HASKINS & SELLS, STATED THAT THE CITY AS ISSUER OF THE BOND IS SUPPOSED TO ENFORCE PROPER RATES AND THAT IN THE POLICE DEPARTMENT REPORT THERE ARE A NUMBER OF DISCREPANCIES FOR MEMBERSHIPS AS OF DECEMBER 31, 1985 AS WELL AS EARLIER ONES AS OF DECEMBER 31, 1986. ATTORNEY PALMER QUESTIONED WHETHER IT WAS TRUE THAT THE GOLF COURSE REVENUE BOND ANTICIPATION NOTES TRUST INDENTURE FOR THE PREVIOUS FISCAL YEAR WERE NO LONGER IN EXISTENCE AND A NEW ONE HAS BEEN ESTABLISHED. MR. SNOEBLEN TOLD HIM IT WAS REFINANCED THROUGH THE GOLF COURSE REVENUE BONDS. ATTORNEY PALMER THEN STATED THAT IN HIS OPINION ANY VIOLATION OF A BOND NO LONGER IN EXISTENCE IS MOOT. MITCH KRASNY STATED THAT THERE IS A SECTION IN THE ANTICIPATION NOTES THAT SAYS THAT TO BE RELIEVED OF LIABILITY YOU HAD TO HAVE BEEN IN COMPLIANCE WITH ALL ITEMS OF THE TRUST INDENTURE. $139,318, IF DEPRECIATION EXPENSE IS TAKEN AWA~ ~ROM NET LOSS, HE QUESTIONED, DIDN'T THE GOLF COURSE IN FACT TAKE IK ~f~E MONEY ~HAN}I~ SPENT. FRANK JAUMOT STATED THAT DEPRECIATION IS OF ITEMS THATkCu~S~ HAS ALREAD~ ~EEN PAID OUT FOR CAPITAL GOODS, SO OVER THE LONG TERM OF THE GOLF~.OWRSE-DEr4%ECIAT-I-ON DOES REFLECT CASH THAT HAS BEEN EXPENDED. DR. FISCHER STATED THAT LAND VALUE H.~-~C.R~ED AT GOLF COURSE. COUNCILMAN VALLONE SAID THAT HIS CgFCERN W~ THE OPERATION OF THE GOLF COURSE NOT LAND VALUES. MOTION BY VICE MAYOR ROTH TO ACCEPT DRq~fFT OF GOLF COURSE AUDIT AS PRESENTED. ATTORNEY PALME~'~A'~D-C~]~NfTL~LY/q~D ~f~R~T~J~ ~HE ~[~-~IT ~-~-~RT WAS RECEIVED BY COUNCIL. COUNCILMEMBERS T,_~H~E£ ~I~LCI~"~E~ ]h~I~L~ ~ELL~ FCR T~E~NE ~OB DONE. VICE MAYOR ROTH EXPRESSED ~I~ ~NTER~S% LM ;E~q %0~CT WITH TH~ ~R~. \MAYOR HARRIS SAID IT WAS ONE OF THE FRANK JAUMOT STATED HE APPRECIATED THEIR COMMENTS AND RATHER THAN GO ON RECORD AS SAYING THAT RATHER THAN RESIGNING THE FIRM IS INTERESTED IN CONTINUING TO WORK FOR THE CITY OF SEBASTIAN IF MORE ACCEPTABLE RELATIONSHIP IS WORKED OUT. CAROL CARSWELL, FINANCE DIRECTOR, PRAISED THE THOROUGH AUDIT DONE BY HASKINS & SELLS AND SAID THATA PREVIOUS AUDITORS HAVE NEVER BROUGHT OUT THINGS THAT ARE IN THiS AUDIT WHICH IS WHY SHE REQUESTED NEW AUDITORS. DELOITTE, ALL THE MOTION BY COUNCILMAN VALLONE TO BRING OFF THE TABLE THE INVOICE FOR DELOITTE, HASKINS & SELLS. $3000.00 FROM MAYOR HARRIS SAID THAT A TOTAL VOTE OF COUNCIL WAS REQUIRED. MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN VALLONE TO RECEIVE THE DRAFT OF THE AUDIT AS PRESENTED. ROLL CALL VOTE: AYES: VICE MAYOR ROTH COUNCILMAN MCCARTHY COUNCILMAN RONDEAU COUNCILMAN VALLONE MAYOR HARRIS MOTION CARRIED. RECESS CALLED AT 8:47 P.M. MEETING RECALLED AT 8:52 P.M. ALL COUNCIL MEMBERS PRESENT. JUNE 4, 1986 PAGE 6 MOTION BY COUNCILMAN RONDEAU, SECONDED BY COUNCILMAN MCCARTHY, TO ACCEPT THE TRANSFER OF BOND. ALL AYES: MOTION CARRIED. KEN VICKERS, JONES INTERCABLE, STATED THAT THE PERFORMANCE BOND WAS MOVED FROM AETNA TO MASSACHUSSETTS BAY. HE ALSO STATED THAT JONES SHOULD BE ABLE TO SWITCH FROM CBN CHANNEL 4 TO LOCAL ORIGINATION CHANNEL 25 ENABLING THE AUDIO FOR WORKSHOPS ALSO. ANNE DEWHURST, SCHUMANN DRIVE, QUESTIONED WHETHER A PERSON WOULD HAVE TO PURCHASE THE ENTIRE CABLE PACKAGE, SINCE CHANNEL 25 IS NOT PART OF THE BASIC PACKAGE. MAYOR HARRIS TOLD HER THAT ONLY A CONVERTER BOX HAD TO BE ACQUIRED FROM JONES INTERCABLE. MR. VICKERS TOLD HER THERE WAS A $25.00 DEPOSIT AND NO MONTHLY CHARGE FOR THE CONVERTER. A~Q~R~A~Q~ Q~ ~QND TRANSFER - F~HER & ~Q~ I~ MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN MCCARTHY, TO ACCEPT BOND TRANSFER SUBJECT TO REVIEW OF FORMAT BY CITY ATTORNEY. ALL AYES: ~ -- ~--~~__0~ MOTION CARRIED. ATTORNEY PALMER READ, FOR THE T /~/ME,--~Y TI.q]LE ONLY, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA ADDING A NEW SECTION 26K-11 TO THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN AND THEREBY MAKING ANY P..O~ESE~I/I~OF ANY OPEN CAN, OPEN BOTTLE, CUP, MUG, GLASS OR OTHER UNSEALED CONTAINER I/N~TI~E P~.q~ENGER COMPARTMENT OF ANY MOTOR VEHICLE WHILE S~GH MOTOR VEHICLE IS BEING DR]VEN ~_~ IS PARKED, STANDING OR STOPPED ON ANY PUBLIC S~REET, ROAD, ALLEY OR OTHER PUBLIC RI~GHT OF WAY WITHIN THE CITY LIMITS OF THE CITY OF SEBASTIAN SHALL CONSTITUTE A N~N-CR]MINAL TRAFFIC INFRACTION UNDER THE TERMS OF CHAPTERS 316 AND 318 FLORIDA ~_~Tk~3T~ AND SHALL BE SUBJECT TO THE PENALTIES SPECIFIED IN SECTION 318.18 FLORIDA STaTUTeS, PROVIDING AN EFFECTIVE DATE. COUNCILMAN VAL A. 0 MA CA S ~ W~ A~L SHOULD BE IN THE MOTION BY COUNCI~M~N V~LL('N~ ~ S~,~NPED ~Y\COUNCIL~A~ T~Y~O ACCEPT FOR PUBLIC HEARING THE O~N~NC~ RE~Rf=~H~ ~ TIM~, B'f ~ ONe, OF THE CITY OF SEBASTIAN, FLO~ ~N~E~SE~I~-ll~O T~ ~D~~INANCES OF THE CITY OF SEBASTIAN A~ THEREBY MAKING A~ POSSESSION OF A~ OPEN CAN, OPEN BOTTLE, CUP, MUG, GLASS OR OTHER UNSEALED CONTAINER IN THE PASSENGER COMPARTMENT OF ANY MOTOR VEHICLE WHILE SUCH MOTOR VEHICLE IS BEING DRIVEN OR IS PARKED, STANDING OR STOPPED ON ANY PUBLIC STREET, ROAD, ALLEY OR OTHER PUBLIC RIGHT OF WAY WITHIN THE CITY LIMITS OF THE CITY OF SEBASTIAN SHALL CONSTITUTE A NON-CRIMINAL TRAFFIC INFECTION UNDER THE TERMS OF CHAPTERS 316 AND 318 FLORIDA STATUTES AND SHALL BE SUBJECT TO THE PENALTIES SPECIFIED IN SECTION 318.18 FLORIDA STATUTES, PROVIDING AN EFFECTIVE DATE, AMENDED TO INCLUDE THE WO~ "ALCOHOL". ALL AYES: MOTION CARRIED. SET FOR PUBLIC HEARING JULY 2, 1986. ATTORNEY PALMER READ FOR THE FIRST TIME, BY TITLE ONLY, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA AMENDING SECTION 7-100 OF THE CODE OF ORDINANCES BY ADDING A NEW PARAGRAPH (i.) AND THEREBY AUTHORIZING A CONSTRUCTION REVIEW BOARD UNDER CERTAIN CIRCUMSTANCES TO REQUIRE THAT ANY INDIVIDUAL OR ENTITY UNDER THE BOARD'S JURISDICTION TO OBTAIN A PAYMENT AND PERFORMANCE BOND AS A PREREQUISITE TO OBTAINING A BUILDING PERMIT FROM THE CITY, ALSO ADDING A NEW PARAGRAPH (j.) TO SECTION 7-100 AND THEREBY AUTHORIZING THE CONSTRUCTION REVIEW BOARD TO REMOVE A MEMBER OF THE BOARD WHO FAILS TO ATTEND THREE CONSECUTIVE BOARD MEETINGS WITHOUT HAVING BEEN EXCUSED, OR WHO OTHERWISE FAILS TO FULFILL HIS DUTIES, SUBJECT TO CITY COUNCIL APPROVAL; PROVIDING AN EFFECTIVE DATE. COUNCILMAN VALLONE STATED THAT THIS ORDINANCE SEEMED TO BE TWO SEPARATE ITEMS AND SHOULD BE TWO ORDINANCES. ATTORNEY PALMER SAID THAT THEY ARE TWO SEPARATE PARAGRAPHS IN THE SAME ORDINANCE. 6 JUNE 4, 1986 PAGE 7 MOTION BY COUNCILMAN MCCARTHY, SECONDED BY COUNCILMAN RONDEAU, TO ACCEPT FOR PUBLIC HEARING, AN ORDINANCE READ FOR THE FIRST TIME, BY TITLE ONLY, OF THE CITY OF SEBASTIAN, FLORIDA AMENDING SECTION 7-100 OF THE CODE OF ORDINANCES BY ADDING A NEW PARAGRAPH (i.) AND THEREBY AUTHORIZING A CONSTRUCTION REVIEW BOARD UNDER CERTAIN CIRCUMSTANACES TO REQUIRE THAT ANY INDIVIDUAL OR ENTITY UNDER THE BOARD'S JURISDICTION TO OBTAIN A PAYMENT AND PERFORMANCE BOND AS A PREREQUISITE TO OBTAINING A BUILDING PERMIT FROM THE CITY, ALSO ADDING A NEW PARAGRAPH (j.) TO SECTION 7-100 AND THEREBY AUTHORIZING THE CONSTRUCTION REVIEW BOARD TO REMOVE A MEMBER OF THE BOARD WHO FAILS TO FULFILL HIS DUTIES, SUBJECT TO CITY COUNCIL APPROVAL; PROVIDING AN EFFECTIVE DATE. ALL AYES: MOTION CARRIED. VICE MAYOR ROTH REQUESTED INPUT FROM THE BUILDING DEPARTMENTS AT NEXT WEEKS MEETING. PUBLIC HEARING SET FOR JULY 2, 1986. ~Q~Q~ ~~ E~m~ E~I FEES ~QE ~QMMUNITY ~NTER AND YACHT ATTORNEY PALMER READ, BY TITLE ONLY, A RESOUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING RESOLUTION R-84-38, ADOPTED OCTOBER 10, 1984, THEREBY CHANGING RULE NO. 19 OF THE RENTAL RATES FOR THE US~ ~E ~-~-~T~OMMUNITY CENTER, AND THE SEBASTIAN YACHT CLUB; PROVIDING AN EFFECIIV~_DATE. MOTION BY COUNCILMAN VALLONE, S~9~DEB B~ ';ICE IM~YOR ROTH, TO ADOPT THE RESOLUTION, AS READ, BY TITLE ONLY, OF TH~T~ O~ SSBASTI~N~ FLORIDA, AMENDING RESOLUTION R-84- 38, ADOPTED OCTOBER 10, 1984,"--~ER~Y C+h%NGIN~RULE NO. 19 OF THE RENTAL RATES FOR THE USE OF THE SEBASTIAN COMMUNITY CENTER AND THE SEBASTIAN YACHT CLUB, PROVIDING MAYOR HARRIS STATED THAT iT WAS BROUGHT ?O ATTENTION BY MRS. REID THAT WHEN THE YACHT CLUB WAS BUILT IT WAS GRANDFAT~SKED IN, HAT THE PELICAN GARDEN CLUB, THE BRIDGE GROUP AND THE SEBASTIAN PROPERTY OWN~ ~0~ NOT PAY RENTAL FEES. ALL AYES: MOTION CARRIED. 1986. D 9, MOTION BY COUNCILMAN RONDEAU, SECONDED BY COUNCILMAN VALLONE, MCCOLLUM TO PARKS AND RECREATION. TO APPOINT NATHAN ALL AYES: MOTION CARRIED. MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN VALLONE TO APPROVE $21.60 IN TRAVEL EXPENSES FOR COUNCILMAN MCCARTHY. MOTION BY COUNCILMAN MCCARTHY, SECONDED BY COUNCILMAN VALLONE TO APPROVE THE WAIVER OF BUILDING PERMIT AND SITE PLAN FEES FOR ST. ELIZABETH'S CHURCH. ALL AYES: MOTION CARRIED. MAYOR HARRIS REQUESTED THAT THE CITY CLERK SEND A NOTE TO PLANNING AND ZONING NOTING THE WAIVER OF THE SITE PLAN FEE. ATTORNEY PALMER STATED THAT FURTHER INFORMATION IS iNCREASING THE BOND. REQUIRED BEFORE ARBITRARILY MAYOR HARRIS ASKED ATTORNEY PALMER TO DO SOME FURTHER INVESTIGATION AND BRING BACK TO COUNCIL AT THE JULY 2, 1986 MEETING. R~ ~~G/QQ~Q~ ~Q_RK_~QR MEETI~ JUNE 4, 1986 PAGE 8 COUNCILMAN VALLONE STATED THAT IN HIS OPINION THE RATES ARE TOO LOW. MAYOR HARRIS ASKED ATTORNEY PALMER TO CHECK INTO THE MATTER FOR THE JULY MEETING. NONE. MAYOR HARRIS ADJOURNED THE MEETING AT 9:32 P.M. 2, 1986 MINUTES WERE APPROVED AT THE JUNE 18, 1986 MEETING. CITY CLERK 8