HomeMy WebLinkAbout06111986PUBLIC EQ~LpUBLIC ~NG
REGULAR ~ITY ~Q~N~!~ ~I~G
· JUNE l!x 1986 - 7:00 P.M.
MINUTES
MAYOR HARRIS CALLED THE MEETING TO ORDER AT 7:00 P.M.
COUNCILMAN VALLONE LED THE COUNCIL AND AUDIENCE IN THE PLEDGE OF ALLEGIANCE.
INVOCATION WS GIVEN BY REVEREND MURRAY R. STRANGE, INDIAN RIVER CHRISTIAN CHURCH.
ROLL CALL:
PRESENT:
VICE MAYOR ROTH
COUNCILMAN ROBERT MCCARTHY
COUNCILMAN LLOYD RONDEAU
COUNCILMAN PETER VALLONE
ATTORNEY THOMAS C. PALMER
MAYOR L. GENE HARRIS
ANNQUNCEMENTS:
MAYOR HARRIS ANNOUNCED Il ~P~C[AL CI?Y IL
JUNE 17~ 1986 AT 5:00 P.
MEETING ON THE GOLF COURSE ON TUESDAY,
DOUG SCURVily, ~v~IR~-KN~/O~ ~ OF OOUNV_Y ~qM~IyS.rq~iE~S OF INDIAN RIVER COUNTY,
BEGAN THm--'VRgS : r, V -em ON H -WA E: Z 'm SYSTEM INDIAN RIVER
COUNTY. HE STATED THAT AT ONE TIME THE COUNTY GRANTED FRANCHISES TO UTILITIES WHO
WERE NOT CONCERNED WITH THE LONG TERM AND THE RESULT IS SOME DEPLORABLE CONDITIONS
THAT NOW EXIST. SINCE THAT TIME, THE COUNTY HAS BUILT A SOUTH COUNTY WATER PLANT
CAPABLE OF 3,500,000 GALLONS A DAY AND MORE RECENTLY HAVE BUILT A WEST COUNTY PLANT.
THiS PLANT WAS BUILT WITH NO TAX MONEY, BUT SUPPORTED BY THE IMPACT FEE AND THE RATE
STRUCTURE. HE WENT ON TO SAY THAT THE INDIAN RIVER IS BECOMING POI,LUTED WITH THE
HELP OF THE EXISTING SEWER SYSTEMS ON THE U.S. 1 CORRIDOR AND THE TIME IS NOW FOR A
WATER TREATMENT SYSTEM FOR THE NORTH COUNTY.
HE THEN POINTED OUT THE FIVE ZONES WHICH REPRESENT APPROXIMATELY 300 ACRES EACH THAT
ARE A PART OF THE CURRENT PLAN.
TONY PINTO, COUNTY UTILITIES REPRESENTATIVE, STATED THAT THE COUNTY HAS DONE A COUNTY
-WIDE MASTER PLAN FOR WATER, WASTEWATER AND IS JUST COMPLETING MASTER PLAN FOR SOLID
WASTE. THE STUDY DID NOT INCLUDE SEBASTIAN AND HE SUGGESTED THAT THE CITY COME UP
WITH A MASTER PLAN FOR WATER.
MR. PINTO WENT ON TO EXPLAIN THAT THE COSTS WOULD BE $1250.00 PER ERU (EQUIVALENT
RESIDENTIAL UNIT). AN ERU IS BASED ON A ONE FAMILY HOME. THE COUNTY ~AS DEVISED A
SYSTEM TO CALCULATE THE ERU'S FOR A MOTEL, SHOPPING CENTER, ETC. THE TOTAL COSTS
WOULD BE PAID FOR 80% FROM iMPACT FEES AND 20% FROM THE RATE STRUCTURE. THE BASE
FACILITY CHARGE FOR THE SYSTEM WOULD BE $1.55, METER READING COST $1. 85 AND THE PER
THOUSAND GALLON CHARGE $2.86.
MR. SCURLOCK STATED THAT ZONES 3 AND 4 AND ALL COMMERCIAL AREAS ARE CRITICAL
AND THE COUNTY OWULD REQUIRE AT LEAST 800 ERU'S FROM EACH OF THESE ZONES TO BE
TO IMPLEMENT THE PLAN.
AREAS
ABLE
1
PUBLIC FOg~L~!Q HEARING/COUNCIL MEETING JUNE 11, 1986
PAGE 2
THERE WERE SEVERAL QUESTIONS AND COMMENTS FROM THE AUDIENCE ON THE SYSTEM.
THE AUDIENCE WAS TOLD TO BEGIN THE PROCESS, THEY MUST WRITE A LETTER TO THE COUNTY
EXPRESSING THEIR COMMITMENT ALONG WITH A LEGAL DESCRIPTION OF THE PROPERTY° THE
COUNTY WILL DO AN ASSESSMENT WHEN THEY HAVE RECEIVED ENOUGH PARTICIPANTS IN THE
PROJECT.
EARL MASTELLER EXPRESSED THE IMPORTANCE OF THE SYSTEM ALONG THE U.S. 1 CORRIDOR.
MAYOR HARRIS STATED THAT IF RESIDENTS ARE INTERESTED IN A SYSTEM GOING OUT THE C.R.
512 CORRIDOR TO GET THEIR COMMITMENT LETTERS AND ERU'S IN. HE THEN EXPRESSED HIS
THANKS TO THE COUNTY OFFICIALS WHO ATTENDED THE MEETING.
PUBLIC
ORDINANCE - AMENDING LAND DEVELQPMENT CODE RE: CURB CUTS C.R. 512
MAYOR HARRIS OPENED THE PUBLIC HEARING AT 8:55 P.M.
ATTORNEY PALMER READ, BY TITLE ONLY, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING SUB-PARAGRAPH (1) (a) OF SECTION VI OF APPENDIX B, OF THE LAND DEVELOPMENT
CODE, AND THEREBY ALLOWING T~RA~-~ ~-R-~C~NTO COUNTY ROAD 512 IF THE PROPERTY
HAS ACCESS TO AN ALLEY OR fAS~CESS ~O A ~ STREET PROVIDED THE CURB CUT IS AT
LEAST TWO HUNDRED FEET FROM ~HF. SIDE STREi~T; ~R~VIDING AN EFFECTIVE DATE.
MAYOR HARRIS ASKED FOR PUBLI~E~f O~HE ~INANCE.
J.W. THOMPSON, 125 MAIN STREET, SPEAKING AS AN INDIVIDUAL~ RECOMMENDED THAT THE
COUNCIL AP PROVE THIS REVISION TO T~L~N~VELOPMENT CODE SO THAT INDIVIDUALS OWNING
CORNER LOTS AT INTERSECTION ON C.R'[ ~11 W~D NOT BE JEOPARDIZED.
JIM GALLAGHER AGREED WITH MR. TH~)MPS~N~T THE ORDINANCE SHOULD BE AMENDED CITING
THAT ADOPTION OF THE LAND DEV~I~OP~EN~ CODE IN THE PAST DID NOT TAKE INTO
CONSIDERATION THE NEED FOR TWO EXI~,OR_~AS PUMPS FOR SAFETY REASONS.
THERE BEING NO MORE COMMENTS FORM THE PUBLIC, MAYOR HARRIS
AT 9:03 P.M.
MOTION BY V~
REGULAR .COUNCI~OCTOB~ ~9~ ~C~ COU~IL,~C~B~
,O~D THE PUBLIC HEARING
. APPROVE MINUTES OF
85; REGULAR COUNCIL,
OCTOBER 16, 1985; PUBLIC HEARING & REGULAR COUNCIL, NOVEMBER 3, 1985; WORKSHOP,
JANUARY 8~ 1986; BiD OPENING~ PUBLIC HEARING, REGULAR COUNCIL, JANUARY ]5~ ]_986;
WORK$~OP~ FEBRUARY 5, 1986; REGUALR COUNCIL, FEBRUARY 12, 1986; REGULAR COUNCIL,
FEBRUARY 19, 1986; REGULAR COUNCIL, MARCH 12, 1986; SPECIAL COUNCIL, MARCH 17, 1986
AND REGULAR COUNCIL, APRIL 16, 1986 ALONG WITH WORKSHOP, JUN~: 4, 1986.
ALL AYES:
MOTION CARRI.ED.
COUNCILMAN RONDEAU REFERRED TO PAGE NINE SECTION ON GROUP RATES AT GOLF COURSE AND
STATED THAT THEY HAVE YET TO BE ESTABLISHED AND COUNCIL SHOULD TAKE ACTION ON THIS.
MAYOR HARRIS STATED THAT RAY LADD AND THE GOLF COURSE ADVISORY BOARD ARE MEETING AND
RATES WOULD BE FINALIZED.
COMMITTEE ~QRTS
COUNCILMAN VALLONE STATED THAT THERE IS A GOOD GROUP OF PEOPLE INTERESTED IN SERVING
ON THE CEMETERY COMMITTEE AND ASKED THE CITY CLERK IF THE FIRST HAD BEEN SCHEDULED.
CITY CLERK, DEBORAH KRAGES STATED THAT AFTER THE RESOLUTION HAD BEEN APPROVED THEY
WOULD BE APPOINTED A~ID A MEEg~ING SET UP~
COUNCILMAN RONDEAU ANNOUNCED THAT THE FIVE FIRE DEPARTMENTS HAD BEEN ASKED TO COME UP
WITH INVENTORIES AND BUDGETS AND HE HAD BEEN INFORMED THAT THEY WERE READY.
~ ~8Q8 PUBLIC Q~ AGENDA ITEMS
NONE
OLD BUSINESS:
2
PUBLIC FORUM/PUBLIC ~6~LQQUNCIL MEETING JUNE 11, 1986
PAGE 3
ORDINANCE - AMENDING LAND DEVELOPMENT CODE RE: CURB CUTS ON Q.R. 512
ATTORNEY PALMER READ BY TITLE ONLY, AN ORDINANCE OF THE CitY OF SEBASTIAN, FLORIDA,
AMENDING SUB-PARAGRAPH (1) (A) OF SECTION VI OF APPENDIX B, OF THE LAND DEVELOPMENT
CODE, AND THEREBY ALLOWING TEMPORARY CURB CUTS INTO COUNTY ROAD 512 IF THE PROPERTY
HAS ACCESS TO AN ALLEY OR HAS ACCESS TO A SIDE STREET PROVIDED THE CURB CUT IS AT
LEAST TWO HUNDRED FEET FROM THE SIDE STREET; PROVIDING AN EFFECTIVE DATE.
MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCII.MAN MCCARTHY, TO ADOPT AS READ, BY
TITLE ONLY, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SUB-PARAGRAPH
(1) (A) OF SECTION VI OF APPENDIX B, OF THE LAND DEVELOPMENT CODE, AND THEREBY
ALLOWING TEMPORARY CURB CUTS INTO COUNTY ROAD 512 IF THE PROPERTY HAS ACCESS TO AN
ALLEY OR HAS ACCESS TO A SIDE STREET; PROVIDING AN EFFECTIVE DATE.
ROLL CALL VOTE:
AYES:
VICE MAYOR ROTH
COUNCILMAN MCCARTHY
COUNCILMAN RONDEAU
COUNCILMAN VALLONE
MAYOR HARRIS
MOTION CARRIED.
ATTORN'~Y P~LMER ADVISED THAT ALTHOUGH TH.~. INVqIC~ HAD BEEN WITHDRAWN BY THE AUDITING
SELLS THE ADDITIONAL CHARGE FOR THE GOLF COURSE AUDIT IN THE AMOUNT OF $3870.00.
VICE MAYOR ROTB STATED THAT IT WA~ E~STANDING THAT THE FIRM HAD WITHDRAWN THE
INVOICE. HE THEN STATED THAT SHER.[FF EO~_~CK SHOULD HAVE BROUGHT INNUENDOS TO THE
CiTY AND NOT THE AUDITING FIRM. HE SAID~.~HE BURDEN LIES WITH THE AUDITING FIRM FOR
ACCEPTING THE COMPLAINT,WITHOUT FORM~
COUNCILMAN MCCARTHY CO ( URRED WITH MAYOR ROT .
COUNCILMAN VAL~ S~I~.D ~ T~--~IR~DE~N
IN GOOD FAITH ~-~H~.,,~'~T[g[~ O~]~IBP~o~ ["~hS~O()T
MAYOR HARRIS STATED THAT IT IS THE FIRM'S RESPONSIBILITY TO LOOK
THAT ARE BRO['IGHg' .9.'0 THEI~ ATTENTION.
BECAUSE THEY ACTED
LOYALTY TO THE CITY
INTO ALLEGATIONS
ROLL CALL VOTE:
AYES:
NAYS:
COUNCILMAN VALLONE
MAYOR HARRIS
VICE MAYOR ROTH
COUNCILMAN MCCARTHY
COUNCILMAN RONDEAU
MOTION FAILED.
MATTERS
MAYOR HARRIS ANNOUNCED THAT THE VFW AND THE AMERICAN i, EGION HAD REQUESTED APPROVAL
FOR A VETERAN'S MEMORIAL ON THE PROPERTY ALONGSIDE THEM THAT IS LEASED FROM THE CITY,
TO BE COMPLETED BY JULY 4, 1986.
MOTION BY COUNCILMAN RONDEAU, SECONDED BY COUNCILMAN MCCARTHY, TO APPROVE THE
REQUEST.
ROLL CALL VOTE:
AYES:
VICE MAYOR ROTH
COUNCILMAN MCCARTHY
COUNCILMAN RONDEAU
COUNCILMAN VALLONE
MAYOR HARRIS
MOTION CARRIED.
3
PUBLIC FORUM/PUBLIC HEARING/COUNCIL MEETIN~ JUNE 11, 1986
PAGE 4
~ ~QUNCIL MEMBERS' MATTERS
COUNCILMAN RONDEAU STATED THAT HE'D HAD A CONVERSATION WITH FRANK JAUMOT OF DELOITTE,
HASKINS & SELLS AND HAD BEEN TOLD THAT THE FINANCE DEPARTMENT WAS NOT UP TO STANDARD.
HE SAID THE COUNCIL SHOULD DECIDE WHAT CAN BE DONE 9?0 BRING THE DEPARTMENT UP TO A
FIRST CLASS OPERATION.
MOTION BY COUNCILMAN RONDEAU, SECONDED BY COUNCILMAN MCCARTHY, THAT THE CITY COUNCIL
TAKE SOME ACTION TO CORRECT THE DEFICIENCIES IN OUR FINANCE DEPARTMENT TO BRING IT UP
TO A FIRST CLASS OPERATION.
MAYOR HARRIS STATED THAT IF COUNCIL WISHED TO MAKE THIS AN AGENDA ITEM HE WOULD
REQUEST A WRITTEN RECOMMENDATION FROM THE AUDITING FIRM AND FROM CAROL CARSWELL. HE
ALSO STATED THAT THE BUDGET WOULD HAVE TO BE LOOKED INTO BEFORE HIRING NEW PERSONNEL.
MOTION AND SECOND WERE WITHDRAWN AND COUNCILMAN RONDEAU REQUESTED THAT THIS MATTER BE
AN AGENDA ITEM AT THE NEXT COUNCIL MEETING.
COUNCILMAN VALLONE REQUESTED AN UPDATE ON THE CORPORAL SMITH CASE.
ATTORNEY PALMER STATED THAT THE FIRST COMPLAINT WAS DISMISSED ON A MOTION BY THE
CITY, SMITH REFILED ANOTHER~NDED ~~T~ND ATTORNEY PALMER MOVED TO DISMISS
THAT COMPLAINT AND IT S UP ~O~IT5 ~ ~jJR~E\~[TH THE MOd. ION OR gO ,.Lq _~. BEFORE A
JUDGE TO DECIDE IF THE MOTION ]Jg-~ORBECT AND ~UpATE NO HEARING HAS BEEN SET°
COUNCILMAN REFERRED TO THREE W~"lJl WHO ~PEAR~JBEFORE COUNCIL QUESTIONING PERSONNEL
PRACTICES AND QUESTIONED WHAT~DO2E ABOUT I~
MAY OR HARRIS STATED THAT AN EMPLOYEE HAD BEEN LET GO AND ONE OF THE THREE WOMEN HAD
BEEN HIRED IN T~E CLERKS OFFICE. ~'~ ~
COUNCILMAN VALLONE REQUESTED THAT T~ CI~-~ COUNCIL LOOK INTO PUBLISHING AGENDAS IN
THE PRESS JOURNAL. r
MAYOR HARRIS ASKED THE CI~ CLERK ~L~OK--~NTO THIS AT BUDGET TIME.
WHEN_OUESTIONF"~Y ~C~N R(~]~EAU~T~"~.D~S HJ_KING-AT,-- GOLF COURSE, MAYOR
~DRDR~- STATE~~ ~ ~ N~'~ ~~~ Y ~. IN ~I ~C~ HJM/~D~[~~IDD AND HIRED BY MR.
VICE MAYOR RO~~E~THA~H~'~ ~[qE ~H~AR FROM TH~ ~NC~'DEPARTMENT AND 5~YOR'S
OFFICE REGAR~~HE~CE~YJ ~F[~~N ASSIS~AN~G~ ~SE BUSINESS MANAGER.
HE SAID HE'D~TH~E~~E~PE~ FOR~ FIANCE OVERALL CONTINGENCY FUND FOR
THE GOI,F COURSE AND T~IF. C .... Y.
MAYOR HARRIS STATED THAT THE AUDITING FIRM AND BOND COUNCIL HAVE RECOMMENDED THAT THE
FINANCE PERSON AT THE GOLF COURSE WORK UNDER THE DIRECTION OF THE CITY FINANCE
DEPARTMENT.
CITY ATTORNEY MATTERS
NONE
NEW BUSINESS:
RESOLUTION m ESTABLISHING ~A~%~ ~QMMITTEES
MAYOR HARRIS ANNOUNCED THAT ACCORDING TO THEIR WISHES~ HE WOULD BE LEAVING
MEMBERS ON THE COMMITTEES THEY ARE NOW WORKING ON AS I. IAIoONS.
COUNCIL
(THE RESOLUTION WAS NEVER ACTED ON.)
RESOLUTIQ~ - AUTHORIZING TH~ MAYOR TO g~~ A ~ Gk~J~,_~ ~Q~ ~ ~6~ Q~ ELQRIDA IN
QQNNECTIQ~ WITH THE AIRPQRT MASTER PLAN
ATTORNEY PALMER READ BY TITLE ONI.Y~ A RESOLUTION OF THE CITY OF SEBASTIAN,
ACKNOWLEDGING THAT THE MAYOR OF THE CITY HAS FULL AUTHORITY TO EXECUTE
PARTICIPATION AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA, AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE.
FLORIDA,
A JOINT
STATE OF
MOTION
TITLE
MAYOR
BY COUNCILMAN RONDEAU, SECONDED BY COUNCILMAN VALLONE, TO ADOPT AS READ BY
ONLY A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ACKNOWLEDGING THAT THE
OF THE CITY HAS FULL AUTHORITY TO EXECUTE A JOINT PARTICIPATION AGREEMENT
~DLIC FORUm/PUBLIC HEARING/COUNCIL MEETING JUNE 11, 1986 PAGE 5
BETWEEN THE CITY OF SEBASTIAN, FLORIDA, AND THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING AN EFFECTIVE DATE.
ROLL CALL VOTE:
AYES:
VICE MAYOR ROT}{
COUNCILMAN MCCARTHY
COUNCILMAN RONDEAU
COUNCILMAN VALLONE
MAYOR HARRIS
I~'iOT_~' ON CARRI ED.
RESOLUTION ~ ABANDONING EASEMENTS BETWEEN LOTS 5 & ~ BLOCK 232L UNIT 6 - CRISTOFORI
ATTORNEY PALMER READ BY TITLE ONLY A RESOLUTION VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING EASEMENT BETWEEN THE WEST SIDE OF LOT 6 AND THE EAST SIDE OF LOT 5,
BLOCK 232, UNiT 6, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PI,AT BOOK 1 5/97~ PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN RONDEAU TO APPROVE AS READ BY TITLE
ONLY A RESOLUTION VACATING, ABOLISHING, ABANDONING AND DISCONTINUING EASEMENT BETWEEN
THE WES_T SIDE OF LOT 6 AND T~'~S~-S~ ~'~-~5, BLOCK 232, UNIT 6, SEBASTIAN
}~IGHLANDS, ACCORDING TO THE P~,A.~_~_HEREOT', R!EC~D IN PLAT BOOK ]. 5/97, PUBLIC REOCRDS
OF INDIAN RIVER COUNTY, FLORIDA.~ %{
ROGER CLOUTIER, BUILDING OFFiCIAl, STATED THAT ]HE RECOMMENDED AGAINST THE ABANDONMENT
FOR SEVERAL REASONS. HE SA].~' -- ' W2~ CO.~CERN~.~ ABOUT DRAINAGE ON THE EASEMENT IF THE
LOTS WERE LATER SOLD SEPARATELY AND THAT HE WAS MEETING WITH ATTORNEY PALMER TO
DISCUSS POLICY ON PERMITS FOR EENCES~.~ ~
MOTION AND SECOND WERE WITHDRAWN.
MOTION BY COUNCILMAN VALLONE, SECONDED B~ VICE MAYOR ROTH, TO DENY APPROVAL OF THE
RESOI.UR'ION VACATING, ABOLISHING; ~B~NDD~ING AND DISCONTINUING EASEMENT BETWEEN THE
WEST SIDE OF LOT 6 AND THE EAST SID~ L3T 5, BLOCK 232, UNIT 6~ SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1 5/97 PUBLIC RECORDS OF INDIAN
MOTION BY COUNCILMAN VALLONE, SECONDED BY VICE MAYOR
RECOMMENDATION OF CITY CLERK, TO WAIT UNTIL BUDGET TIME.
ROTH, TO CONCUR WITH
ALL AYES:
MOTION CARRIED.
COUNCILMAN RONDEA~..I QUESTIONED WHY MONEY COULD BE FOUND FOR THE INVOICE AND NOT THE
U. RANSCR!BING ~:QUiPMENT .
~IAYOR HARRIS EXPLAINED THAT EMERGENCY MONEY CAN BE FOUND BUT A HEALTHY RESERVE MUST BE
MAINTAINED.
DISCUSSION REGARDING OPEN HOURS OF THE CITY PARKS
MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN MCCARTHY, TO REFER THIS MATTER TO
PARKS AND RECREATION COMMITTEE FOR ADOPTION OF PROPER LANGUAGE AND THEIR REFERRAL TO
COUNCIL.
ALL AYES:
MOTION CARRIED.
MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN VALLONE TO APPROVE THE REQUEST FOR
FEE WAIVER BY THE AARP ON OCTOBER 18, 1986, FOR THE COMMUNITY CENTER.
ALL AYES:
MOTION CARRIED.
MOTION BY COUNCILMAN VALLONE, SECONDED BY VICE MAYOR ROTH TO APPROVE THE USE OF
ALCOHOLIC BEVERAGES FOR 1) GUAM LIBERATION DAY WWII, JULY 26, 1986 AT THE COMMUNITY
CENTER AND 2) DONALD JONES WEDDING, JUNE 14, 1986, AT THE YACHT CLUB.
~!~ ~Q~/PUBLIC HEARING/COUNCIL MEETI~ JUNE 11, 1986
PAGE 6
ALL AYES:
MOTION CARRIED.
MAYOR HARRIS ADJOURNED THE MEETING AT 10:05 P.M.
MINUTES APPROVED AT THE JUNE 18, 1986 CITY COUNCIL MEETING.
CITY CLERK