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HomeMy WebLinkAbout07021986MAYOR HARRIS CALLED THE MEETING TO ORDER AT 7:00 P.M. ROLL CALL: PRESENT: VICE MAYOR KENNETH ROTH COUNCILMAN ROBERT MCCARTHY COUNCILMAN LLOYD RONDEAU COUNCILMAN PETER VALLONE ATTORNEY THOMAS C. PALMER MAYOR L. GENE HARRIS ABSENT: NONE MAYOR HARRIS REQUESTED THAT ~DV~F MINUTES BE MOVED FROM NEW BUSINESS TO ANNOUNCEMENTS, AND THaT THE LETTER FROM DELOITTE, HASKINS AND SELLS BE DISCUSSED ALO~NG WITH THE REQUEST FROM COUNCILMAN MCCARTHY TO DISCUSSPRO-~qSALS FOR THE NEXT CiTY AUDIT. THERE WERE NO OBJECTIONS TO ~NG-~ITHER ITEM. HOUSE OF CARPETS, VERO BEACH, FL CARPETS BY 5-4, FT. PIERCE, FL CREATIVE FLOORS, VER0 BEACH, FL AMERICAN TILE & CARPET, SEBASTIAN, FL DESIGN ASSOCIATES, VERO BEACH, FL (THERE WERE TWO TYPES OF CARPETING FROM DESIGN ASSOCIATES FOR THE SAME PRICE) $4663.75 $5740.00 $4244.40 $4305.00 $5177.89 MOTION BY COUNCILMAN VALLONE TO REFER THE BIDS TO THE GOLF COURSE ADVISORY BOARD FOR THEIR REVIEW AND RECOMMENDATION TO COUNCIL. MOTION DIED FOR LACK OF A SECOND. MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN MCCARTHY TO REFER THE BIDS TO GOLF COURSE MANAGER, RAY LADD, FINANCE DIRECTOR, CAROL CARSWELL AND MAYOR HARRIS FOR THEIR REVIEW AND RECOMMENDATION TO COUNCIL AT THE JULY 9, 1986, COUNCIL MEETING. ROLL CALL VOTE: AYES: VICE MAYOR ROTH COUNCILMAN MCCARTHY COUNCILMAN RONDEAU MAYOR HARRIS NAYS: COUNCILMAN VALLONE ~Q~Q~_~RRIED CITY COUNCIL WORKSHOP, JULY 2, 1986 - MINUTES PAGE 2 PUBL!~_~ING ORDINANCE ADDING A NEW SECTION 26-11 RE: ALCOHOLIC BEVERAGES MAYOR HARRIS OPENED THE PUBLIC HEARING AT 7:07 P.M. ATTORNEY PALMER READ, BY TITLE ONLY, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW SECTION 26-11 TO THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN AND THEREBY MAKING ANY POSSESSION OF ANY OPEN CAN, OPEN BOTTLE, CUP, MUG, GLASS, OR OTHER UNSEALED CONTAINER WHICH CONTAINS ALCOHOL 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 INFRACTION UNDER THE TERMS OF CHAPTER 316 AND 318, FLORIDA STATUTES; AND SHALL BE SUBJECT TO THE PENALTIES SPECIFIED IN SECTION 318.8 FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. MAYOR HARRIS ASKED FOR PUBLIC INPUT. J.W, STRICT BY NOT EXCLUDI~ DORIS TROPH, VICE PR STATED THE GROUP'S SUPP THERE BEING NO MORE CO~ THE PUBLIC HEARING AT 7 THOMPSON STATED THAT IN HIS OPINION THE ORDINANCE WAS TOO ~Mf~~~iLE HOMES. ESIDEN~ O~ MOTH~R~ AGAINST DRUNK DRIVERS, ~ R T~E ORDinANCE.~TFOs_~i. RO~.~HE ~BLiC' MAYOR HARRIS CLOSED 12 P.M. PUBLIC HEARI~ ORDINANCE AMENDING SECTION 7-] ABSENT MAYOR HARRIS OPENED THE PUBLI( R]~'~' BONDING AND BOARD HEARING AT 7:12 P.M. MEMBERS SEEBA ' R=DD ) CODE OF ORDINAN~E~ BY~DDI~G~A ~AR~G~PH (i) AN~ T~R~BS' %U~HORIZING THE CO/~T~UC~N ~"E%~i~W~-~O~RD_]~N~ER CERTAIN ~I~CUM~T~NCES TO RE~UIR~ ~HAT~_ A~Pfu ~I~-~D~A~ ~0~ PN~IT¥ ~Nm \ ~H~BOARD' S JURISDi%~t~fON TO ~Bq'AI~ A~PAI~H~NT ~ P~R~ORMAI~E-'$OlrD 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. MAYOR HARRIS ASKED FOR PUBLIC INPUT. BILL BALLOUGH, CHAIRMAN OF THE CONSTRUCTION REVIEW BOARD, ADDRESSED OBJECTIONS BY CITY ENGINEER, HECTOR FRANCO, AND BUILDING OFFICIAL, ROGER CLOUTIER, STATED IN THEIR MEMOS TO THE CITY CLERK DATED JUNE 9, 1986. MR. BALLOUGH STATED THAT THE BOARD HAS NO DESIRE TO OVERRULE STATE DEPARTMENT OF PROFESSIONAL REGULATIONS BUT NEEDS AN ORDINANCE TO ALLOW THEM TO PROTECT THE PUBLIC FROM FINANCIAL LOSSES DUE TO INCOMPETENT CONTRACTORS. DISCUSSION FOLLOWED ON VERIFICATION BY CONSTRUCTION REVIEW BOARD OF PREVIOUS VIOLATIONS BY CONTRACTORS. WHEN QUESTIONED BY COUNCILMAN MCCARTHY AS TO WHO WOULD HAVE FINAL SAY IN DENYING PERMITS, MR. BALLOUGH STATED THAT ANYTHING THE CONSTRUCTION REVIEW BOARD DID WOULD STILL BE SUBJECT TO CITY COUNCIL APPROVAL. 2 CITY COUNCIL WORKSHOP, JULY 2, 1986 - MINUTES PAGE 3 ATTORNEY PALMER STATED THAT THE CONSTRUCTION REVIEW BOARD CAN CALL HEARINGS WHENEVER IT IS DEEMED NECESSARY IF THE ORDINANCE EXISTS TO BACK THEM UP. HE SAID EXISTING CODES DO NOT PROTECT CITIZENS BEFORE THE FACT, AND EXPRESSED CONCERN AT THE NUMBER OF TIMES CITIZENS HAVE SUFFERED FINANCIAL LOSSES DUE TO FLY BY NIGHT CONTRACTORS. BILL BALLOUGH STATED THAT THE CONSTRUCTION REVIEW BOARD LIKE TO GET MORE AGGRESSIVE AND MORE INVOLVED IN SOLVING PROBLEMS. WOULD THESE HOWARD CARSWELL STATED THAT HE HAD BEEN LEFT WITH $10,000.00 IN LIENS BY HIS BUILDER AND THE BUILDER CONTINUED TO WORK IN TOWN. THERE BEING NO MORE COMMENTS FROM THE PUBLIC, MAYOR HARRIS CLOSED THE PUBLIC HEARING AT 7:50 P.M. ANNE DEWHURST STATED SHE HAD SPOKEN WITH COMMISSIONER SCURLOCK AND JIM DAVIS AND HAD BEEN TOLD THAT THE COUNTY HAD FULFILLED THEIR PART OF THE OBL/~CrN'~ ~/~IC LIGHT AT U.S. ~1 AND SCHUMANN DRIVE. SHg~Q~EST1-ON~-'D \W~N THE LIGHT MIGHT BE INSTALLED. HECTOR F~NCO TOLD H~R~ALLA~II~N W~SCHEDULED ~OR EARLY ~987' / ATTORNEYTHE PROBLEM.PALMER SAID THER~A~R NY~_~S~SANCE LAWS THAT EXIST TO HANDLE AND 2 86 I~Ol~m. _ _ Ln3 _ MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN RONDEAU, TO APPROVE THE MINUTES OF JULY 17, 18, AND 25, 1986 AS PRESENTED. ALL AYES: gQ~Q~ ~ARRIED WHEN QUESTIONED BY VICE MAYOR ROTH AS TO WHETHER ALL REQUIREMENTS WERE MET BY THE JUNE 21, 1986 DEADLINE FOR THE ST. SEBASTIAN P.U.D., HECTOR FRANCO TOLD HIM THEY HAD BEEN. SEBASTIAN VOLUNTEER AMBULANCE SQUAD REQUEST FOR BUDGET FUNDING JOY SNELL, PRESIDENT OF SEBASTIAN VOLUNTEER AMBULANCE SQUAD, STATED THAT SINCE THE SQUAD IS ON THEIR OWN THEY WILL NEED FUNDING FOR THE THREE MONTH PERIOD PRIOR TO THE NEW BUDGET. SHE REQUESTED $5000.00 FROM THE CITY. SHE SAID THAT AT THE iNDIAN RIVER COUNTY VOLUNTEER AMBULANCE BOARD MEETING THE SEBASTIAN SQUAD'S REQUEST OF ONE THIRD OF THE BUDGET WAS TABLED. WHEN DISCUSSION OF THE SOURCE OF THE FUNDING TOOK PLACE, FINANCE DIRECTOR, CAROL CARSWELL SAID THAT THERE WAS MONEY IN THE FEDERAL REVENUE SHARING FUNDS BUT A PUBLIC HEARING WOULD BE REQUIRED TO USE IT. COUNCILMAN VALLONE STATED CONCERN THAT PARKS AND RECREATION FUNDS WOULD BE AFFECTED BY THIS AND QUESTIONED HOW THE CITY COULD FIND FUNDING SO CLOSE TO THE END OF THE FISCAL YEAR. CITY COUNCIL WORKSHOP, JULY 2, 1986 - MINUTES PAGE 4 MAYOR HARRIS REQUESTED THAT COUNCIL ALLOW HIM AND CAROL CARSWELL TO LOOK INTO SOURCES FOR THIS FUNDING AND REPORT BACK TO COUNCIL AT THE NEXT MEETING. SEBASTIAN VOLUNTEER AMBULANCE SQUAD REQUEST FOR LEASE JOY SNELL AND MAYOR HARRIS EXPLAINED TO COUNCIL THAT A LEASE NEEDS TO BE EXECUTED FOR THE SQUAD BUILDING SINCE IT WAS BUILT BY CITY CONTRACTORS ON CITY PROPERTY FOR THE INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD. ATTORNEY PALMER SUGGESTED THE SQUAD COME TO THE COUNCIL WITH A PROPOSED LEASE AT THE NEXT MEETING IN THE NAME OF SEBASTIAN VOLUNTEER AMBULANCE SQUAD. ORDINANCE ~ ADDING A NEW SECTION 26-11 RE: ALCOHOLIC BEVERAGES ATTORNEY PALMER READ, SEBASTIAN, FLORIDA, ORDINANCES OF THE C~O.F_ COMPARTMENT OF ANY MOTOR VEHI( BEING DRIVEN, OR IS PA~ED, S9 STREET, ROAD, ALLEY, QR"~THER PI LIMITS OF THE CITY OF~'EBAS"3_IA~ TRAFFIC INFRACTION UNDER THE BY TITLE ONLY, AN ORDINANCE OF THE CITY OF ADDING A NEW SECTION 26-11 TO THE CODE OF :N~I~ND THEREBY MAKING ANY CUP, MUG, GLASS, OR CONTA~ ALCOHOL IN THE PASSENGER SUCH MOTOR VEHICLE IS :ANDING, OR STOPPED ON ANY PUBLIC '-SHALL--'CONSTITUTE A NON-CRIMINAL TERMS OF CHAPTER 316 AND 318, FLORIDA STATUTES; AND SHAL~S~CT TO THE PENALTIES SPECIFIED IN SECTION 318.8 FLORIDA ~TA'~UQE~ROVIDING AN EFFECTIVE DATE MOTION BY COUNCILMAN VALLOMS, ~eONDED BY VICE MAYOR ROTH, TO ADOPT AS READ, BY TITL~N~Y,I AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ADDING_./A ~W SECTION 26-11 TO THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN AND THEREBY MAKING ANY POSSES LqN OS_ N cA% o . kB OTHER[~N~EAL~ CO~IN~, ~HI~CgN~I~ ALCOHp~ ~IN T~ PASSENGER BEING~VEm,~OR IS~PAR~D% ~DI~ OR S~D O~'~Y PUBLIC LIMIT TH ]T~ T HA~ CONS I N-CRIMINAL FLORIDA STATUTES; A~ SHALL BE SUBJECT TO THE PENALTIES SPECIFIED IN SECTION 318.8 FLORIDA STATUTES; PROVIDING AN EPFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR ROTH COUNCILMAN MCCARTHY COUNCILMAN RONDEAU COUNCILMAN VALLONE MAYOR HARRIS ~Q~!QN ~ARRIED ORDINANCE - AMENDING SECTION 7-100 RE: ABSENTEEISM BONDING AND BOARD MEMBERS ATTORNEY PALMER READ, 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 THE CONSTRUCTION REVIEW BOARD UNDER CERTAIN CIRCUMSTANCES TO REQUIRE THAT ANY INDIVIDUAL OR ENTITY UNDER THE BOARD'S JURISDICTION TO OBTAIN 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 EFFEC- CITY COUNCIL WORKSHOP, JULY 2, 1986 - MINUTES PAGE 5 TIVE DATE. MOTION BY COUNCILMAN MCCARTHY, SECONDED BY VICE MAYOR ROTH, TO ADOPT AS READ, 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 THE 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 MCCARTHY REQUESTED COMMENTS FROM THE CITY ENGINEER AND THE BUILDING OFFICIAL ON THE MATTER. CITY ENGINEER, HECTOR FRANCO, STATED THAT IF A CONTRACTOR IS NO GOOD TO BEGIN WITH ~ N~T~'f~~LET THE CONTRACTOR WORK BUILDING OFFICIAL, ~OG~ CLOUT~ER, ~ATED THAT IN HIS TEN YEARS OF WORK IN CODE ENFO~N,,__ IN. HIS O~NION, BONDS DO NOT WORK. COUNCILMAN MCCARTHY WITHDREW HIS MOTION; VICE MAYOR ROTH WITHDREW HIS SECOND. MOTION BY COUNCILMAN VALLON REJECT AS READ, BY TITLE SEBASTIAN, FLORIDA, AMEND ORDINANCES BY ADDING A N~ THE CONSTRUCTION REVIEW~ :, S ED BY COUNCILMAN RONDEAU, TO ONLY, _JAN ORDINANCE OF THE CITY OF ~NG S~CTION 7-100 OF THE CODE OF '9~RAG_~APH (i) AND THEREBY AUTHORIZING ~A'RD UNDER CERTAIN CIRCUMSTANCES TO REQUIRE THAT ANY INDIVIDUAL OR ENTITY UNDER THE BOARD ' S QUIS~T~ O~I~AINI~ Ia ~qI%DI~%%P_~RM]T FROM T~EA qITT; ~LSO ADDING A NE~RAG~H (~JTOI ~qTI~-10( AND ~E~ AUT~D~IZING THE CONSTR ON EVI % A OARD WHO ATTORNEY PALMER SAID AGAIN THAT UNDER THE EXISTING CODE THE CITY HAS NO RIGHT TO DENY THE CERTIFICATION OF A CONTRACTOR FOR ANY REASONS SET FORTH IN THE PROPOSED ORDINANCE. HE STATED THAT COUNCIL IS ALLOWING ABUSE BY CONTRACTORS TO CONTINUE IF THEY DO NOT PASS THIS ORDINANCE. ROGER CLOUTIER REMINDED COUNCIL THAT THERE ARE TWO SEPARATE PROVISIONS ON THIS ORDINANCE. COUNCILMAN VALLONE AMENDED HIS MOTION; COUNCILMAN RONDEAU SECONDED THE AMENDMENT, TO INCLUDE "BONDING PORTION OF THE ORDINANCE" ROLL CALL VOTE: AYES: COUNCILMAN MCCARTHY COUNCILMAN RONDEAU COUNCILMAN VALLONE NAYS: VICE MAYOR ROTH MAYOR HARRIS 5 CITY COUNCIL WORKSHOP, JULY 2, 1986 - MINUTES PAGE 6 MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN VALLONE, TO APPROVE AS READ THAT PORTION OF THE ORDINANCE DEALING WITH ABSENTEEISM OF CONSTRUCTION REVIEW BOARD MEMBER: 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 W~O OTHERWISE FAILS TO FULFILL HIS DUTIES, SUBJECT TO CITY COUNCIL APPROVAL; PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR ROTH COUNCILMAN MCCARTHY COUNCILMAN RONDEAU COUNCILMAN VALLONE MAYOR HARRIS ORDINANCE RE: BOND /'OR'hLI-KBI~I~NCE REQUIRED FOR TAXIS INCREASED MOTION BY COUNCILMAN VAt,ONE, SECONDSDIBY VICE MAYOR ROTH, TO AUTHORIZE ATTORNEY ~AL~E~ TO DRAFT~ ~N ORDINANCE INCREASING INSURANCE FOR TAXIS TO~0,~0.~ EAC~ERSON, $300,000.00 EACH ACCIDENT, AND $50,000.00 PROPERTY DAMAGE. ALL AYES: ~ ~ ~Q~!Q~ ~ARRIE~ scuss oN INCREASED ~ ~ ATTORNEY PALMER STATED THAT THIS PROPOSED INCREASE HAD TO BE DONE MEETIN~ , ; ~~ ~ ~ -- -- ~ ~ ~ ~ ALL AYES: RECOMMENDATION FROM PARKS AND RECREATION RE: OPEN HOURS OF PARKS MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN MCCARTHY, TO ACCEPT THE RECOMMENDATION OF THE PARKS AND RECREATION COMMITTEE TO SET CLOSING HOUR OF PARKS AT 10:00 P.M. AND AUTHORIZE ATTORNEY PALMER TO DRAFT AN ORDINANCE. ALL AYES: RECOMMENDATION FROM PARKS AND RECREATION RE: PURCHASE OF LOTS 8 & 9, BLOCK 208, UNIT 10 - ADJACENT TO BARBER STREET BALLFIELD MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN MCCARTHY, TO ACCEPT RECOMMENDATION OF THE PARKS AND RECREATION COMMITTEE TO OFFER $8000.00 FOR LOTS 8 & 9, BLOCK 208, UNIT 10. ALL AYES: COUNCILMAN VALLONE ADVISED COUNCILMAN MCCARTHY AS LIASION TO THE PARKS AND RECREATION COMMITTEE TO SUGGEST THEY WORK THE FUNDS FOR THE PURCHASE INTO THEIR 86-87 BUDGET. CITY COUNCIL WORKSHOP, JULY 2, 1986 - MINUTES PAGE 7 RECOMMENDATION FROM PARKS AND RECREATION RE: IRENE TRAFICANTE TO COMMITTEE APPOINTMENT OF MOTION BY COUNCILMAN MCCARTHY, SECONDED BY COUNCILMAN VALLONE, TO APPOINT IRENE TRAFICANTE TO THE PARKS AND RECREATION COMMITTEE. ALL AYES: MAYOR HARRIS ANOUNCED THAT RATIFICATION OF THE UNION AGREEMENT WITH THE CWA WOULD BE AN AGENDA ITEM AT THE JULY 16, 1986 COUNCIL MEETING. MAYOR HARRIS STATED THAT LAND NEXT TO RIVERVIEW PARK, OWNED BY A GROUP OF PEOPLE INCLUDING DR. HENRY FISCHER, HAD BEEN APPRAISED FOR $563,600.00. AN OFFER HAD BEEN MADE TO THE OWNERS, BUT THE GROUP WOULD LiKE TO SEE THE CITY PURCHASE IT. HE SAID HE WOULD WORK WITH FINANCE DIRECTOR, CAROL CARSWELL, AND ATTORNEY PALMER ' "~ I '--I -"~/ / COUNCILMAN MCCARTHY SUggESTED ~FAT ~E/CITY LOOK AT PROPERTY IT OWNS THAT IS NOT BEI.~C- USED TO ~OSSI~L~ SELL TO HELP WITH COST OF PURCHASE OF THIS LAND..~] ~ II THERE WAS A GENERAL A'G'REE~'~NT THAT THIS LAND BE PURCHASED IF THE JULY 9, 1986, PACKETS. COUNCIL A~EED. MAYOR HARRIS ANNOUNCED A kS.~-"~QIAL[ CAUCUS ON PBA SET FOR JULY 3, 1986 AT 4:45 P.M. DISCU~N --F~L~ONuL~AN ~S ~R~F:~RID~A~LEA~F~E~"~F CITIES, REGA~ ~A~yRC~S~. t ~ / ~ ~ ~ ~"~N ~ B~Y~A~R~ ~~E ~QUIg~"~ ~R% ~OR USE O~ GOLF ~T~ B~T:~ ~ ;J~~~T~E A~ CO~NqI~M~M3q~S, ATTORNE PALM A SD) S RE TS AND ARE NOT INSURED FOR SUCH USE. MOTION BY COUNCILMAN VALLONE, SECONDED BY VICE MAYOR ROTH, TO DENY REQUEST FOR USE OF EIGHT GOLF CARTS BY 4TH OF JULY COMMITTEE UPON RECOMMENDATION OF CITY COUNCIL. MAYOR HARRIS STATED THAT WENDY'S IS REQUESTING THE WAIVER OF THE EIGHT FOOT WALL REQUIREMENT IN THE LAND DEVELOPMENT CODE FOR DRIVE-THRU RESTAURANTS. HE SAID THE CODE WAS ORIGINALLY DRAWN UP TO PROTECT SURROUNDING PROPERTY OWNERS IN A RESIDENTIAL NEIGHBORHOOD. ATTORNEY PALMER SAID HE HAS ALREADY PROPOSED AN AMENDMENT TO THE ORDINANCE TO PLANNING AND ZONING; REQUIRING A BARRIER DEPENDENT ON ADJACENT USE ON A CASE BY CASE BASIS, UNLESS IT ABUTS A RESIDENTIAL NEIGHBORHOOD. MOTION BY COUNCILMAN VALLONE, SECONDED BY VICE MAYOR ROTH, PLACE THE FIRST READING OF THIS ORDINANCE ON THIS AGENDA. TO ROLL CALL VOTE: AYES: VICE MAYOR ROTH COUNCILMAN MCCARTHY COUNCILMAN RONDEAU COUNCILMAN VALLONE MAYOR HARRIS 7 CITY COUNCIL WORKSHOP, JULY 2, 1986 - MINUTES PAGE 8 THIS ITEM WAS PLACED AS FIRST ITEM UNDER NEW BUSINESS. MAYOR HARRIS ANNOUNCED THAT THE 84-85 AUDIT WAS PRESENTED TO COUNCIL MEMBERS AT THIS MEETING AND FRANK JAUMOT OF DELOITTE, HASKINS AND SELLS WAS AVAILABLE TO ANSWER ANY QUESTIONS. COUNCILMAN MCCARTHY STATED THAT HE WAS EXPECTING INFORMATION REGARDING GOLF COURSE MANAGEMENT FIRMS FROM THE PGA AND ZENO RAWLEY. MAYOR HARRIS SAID HE HAD RECEIVED A LIST OF MANAGEMENT FIRMS FROM THE NATIONAL GOLF FOUNDATION. COUNCILMAN ASKED MAYOR HARRIS WHETHER ANY ACTION HAD BEEN TAKEN ON THE ABRUPT ADJOURNMENT OF THEIR MEETING BY PLANNING AND ZONING WHEN A REPRESENTATIVE OF SEBASTIAN LAKES WAS SPEAKING. MAYOR HARRIS STATED HE HAD RECEIVED SEVERAL COMPLAINTS REGARDING THE PLANNING AND ZONING COMMISSION AND HAD MET WITH ITS CHAIRMAN TO TRY TO RESOLVE THE PROBLEMS. COUNCILMAN VALLONE .3~QUF~TE~__T/~T~T~ CEMETERY ITEMS ON THIS AGENDA BE POSTPONED fU~T~L $~JI~ 1~ ~ %~6, IF TIME ~N OUT AT THIS MAYOR HARRIS SAID T~Y WOULD BE P~TPONED UNTIL THE JULY 16, '- F ATTTORNEY PALMER STATED ~ ~ARDING RURAL SANITATION, MRS. MAYAN HAS RECEIVED A CALL FROM THEIR MANAGER A~ THE MATTER HAS FOR~ ~HA_~DL~NG O~T~S~ ~T~R~ IT WAS ANNOUNCED THAT AT THE JULY 9, 1986, COUNCIL MEETING A CODE ENFORCEMENT BOA~ MEMBER WOULD BE APPOINTED. ATTORNEY PALMER READ, FOR THE FIRST TIME, IN ITS ENTIRETY, AN ORDINANCE OF THE CITY OF SEBASTIAN, AMENDING SUB-PARAGRAPH (C) (9) (B) (5) OF SECTION 20A-6.1 OF THE LAND DEVELOPMENT CODE AND THEREBY MODIFYING THE SCREENING REQUIREMENTS FOR THE CONDITIONAL USE OF DRIVE-THROUGH FACILITIES; PROVIDING AN EFFECTIVE DATE. MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN MCCARTHY, TO ACCEPT FOR PUBLIC HEARING ON JULY 16, 1986, THE FIRST READING OF AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SUB- PARAGRAPH (C) (9) (B) (5) OF SECTION 20A-6.1 OF THE LAND DEVELOPMENT CODE AND THEREBY MODIFYING THE SCREENING REQUIREMENTS FOR THE CONDITIONAL USE OF DRIVE-THROUGH FACILITIES; PROVIDING AN EFFECTIVE DATE. CONDITIONAL USE PERMIT LOT 17, HOME/iNDIAN RIVER HOMES BLOCK 228, UNIT 6, MODEL MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN VALLONE, TO CONCUR WITH RECOMMENDATION OF BUILDING OFFICIAL, ROGER CLOUTIER, TO DENY CONDITIONAL USE PERMIT FOR INDIAN RIVER HOMES, LOT 17, BLOCK 228, UNIT 6. ALL AYES: ~Q~!Q~ ~ARRIED CITY COUNCIL WORKSHOP, JULY 2, 1986 - MINUTES PAGE 9 CONTINUING CONTRACT WITH CLARK DISPLAYS/CHRISTMAS LIGHTS MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN MCCARTHY, TO RENEW TWO YEAR CONTRACT WITH CLARK DISPLAY IN THE AMOUNT OF $3825.00 PER YEAR. ALL AYES: RESOLUTION - ABANDONMENT OF EASEMENT LOTS 9 & 10, BLOCK 308, UNIT 10/MERCEDES HOMES ATTORNEY PALMER READ, BY TITLE ONLY, A RESOLUTION VACATING, ABOLISHING, ABANDONING AND DISCONTINUING EASEMENT ON THE NORTHEAST SIDE OF LOT 9 AND THE SOUTHWEST SIDE OF LOT 10, BLOCK 308, UNIT 10, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK I 6/37L PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN MCCARTHY TO CONCUR WITH RECOMMENDATION OF BUILDING OFFICIAL, ROGER CLOUTIER, AND DISCONTINUING EA~F~E~T CNLTHE_~R~AST SIDE OF LOT 9 AND THE SOUTHWEST SIDE OF LO-T~ 10, BLOCKY ~08, UNIT 10, SEBASTIAN HIGHLANDS, ACCORDING TO TH_~ PLAT THEREOF, RECORD ED IN PLAT BOOK I 6/37L PUBLIC RECORDS O~NDIAN RIVER I_C_fUNTY, FLORIDA. ALL AYES: ~ -- -- -- MQTiQN CARRIED BAPTI ST ASSOC IATI ON/SCHUM^ MOTION BY COUNCILMAN VALL~I~, ~ SEFONDED BY COUNCILMAN RONDEAU, TO RENEW TEMPORARY TRAILER'~IHG~ PERMIT FOR NINETY DAYS FOR THE INDIAN RIVER BAPTIST ASSOCIATION. HECTOR~-FRANL'~O--~ T~T ~ J'l'~ DAVl~' L~T~ HE IS ADVISING THE CITY TO REQUEST FORMAL APPROVAL OF THE PLAN FOR CURB CUTS ON CR 512 FROM THE COUNTY COMMISSION. ~R512 CURB OF JUN~ECR_3, 1986, MASTER MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN RONDEAU, TO SEEK FORMAL APPROVAL FROM THE COUNTY COMMISSION, FOR THE CITY'S MASTER PLAN FOR PERMANENT CURB CUTS ON CR 512. ALL AYES: REQUEST FROM COUNCILMAN MCCARTHY TO DISCUSS PROPOSALS CITY AUDIT FOR NEXT COUNCILMAN MCCARTHY STATED, IN HIS OPINION, THE CITY SHOULD SEEK ADDITIONAL PROPOSALS FOR THE NEXT CITY AUDIT. HE SAID HE HAD SPOKEN WITH PEAT, MARWICK WHO SAID THEY WOULD GIVE THE CITY A PROPOSAL. COUNCILMAN VALLONE SAID THAT HE FELT IT WAS TOO LATE TO LOOK FOR ANOTHER FIRM SINCE THE NEXT AUDIT NEEDS TO BE STARTED NOW. JIM GALLAGHER STATED THAT DELOITTE, HASKINS AND SELLS HAVE NOT SHOWN WHAT IN HIS OPINION ARE GOOD STANDARDS AND SHOULD NOT BE THE CITY'S STANDARDS. ATTORNEY PALMER SAID TO DISENGAGE THE CURRENT AUDITORS, THE FINAL DRAFT OF THE AUDIT MUST BE PAID AND THE FIRM INVITED TO BID FOR NEXT YEAR'S AUDIT. CITY COUNCIL WORKSHOP, JULY 2, 1986 - MINUTES PAGE 10 MOTION BY COUNCILMAN MCCARTHY, SECONDED BY VICE MAYOR ROTH, TO INSTRUCT FINANCE DIRECTOR, CAROL CARSWELL, TO SEEK PROPOSALS FROM ~QUALIFIED AUDITING FIRMS FOR FISCAL YEAR 85/86. CAROL CARSWELL, FINANCE DIRECTOR, TOLD COUNCIL THAT DELOITTE, HASKINS AND SELLS HAD TO PUT IN ADDITIONAL TIME BECAUSE OF WORK LEFT UNDONE BY PEAT, MARWICK, WHEN THEY DID THE AUDIT LAST YEAR. COUNCILMAN VALLONE, SAID THAT IN HIS OPINION, AND SELLS DID A VERY PROFESSIONAL JOB. DELOITTE, HASKINS FRANK JAUMOT, FROM DELOITTE, HASKINS AND SELLS, THE MOTION WAS APPROVED, THE FIRM WOULD NOT BECAUSE OF THE TIME FACTOR. STATED THAT IF RESUBMIT A BID ROLL CALL VOTE: AYES: NAYS: VICE MAYOR ROTH COUNCILMAN MCCARTHY MAY ¢ ~R I._S N REQUEST FROM CO.UNCILMAN ~kRT~X--~O DISCUSS OR ESTABLISH SPECIAL MEETING DATE RE. FINANC~ ~EPAR~ENT THIS ITEM WAS POSTPONED US~T,L T~E JULY 16, 1986 REGULAR COUNCIL MEETING. G~ERA~ PROPOSAL FROM SEBASTIAN L PARTNERSHIP B.F.T. RE: POLICE MEETHI .E~ AS P~T 0 UN HE JIILY 15, 6 RE Ur.AR COUNCIL ERIC FISCHER, REPRESENTING SAN SEBASTIAN, PASSED OUT LOCATION MAPS TO COUNCIL AND REQUESTED A SPECIAL USE PERMIT FOR AN AIR STRIP. PUBLIC HEARING FOR THE SPECIAL USE PERMIT WAS SET FOR THE AUGUST 6, 1986, COUNCIL WORKSHOP. MAYOR HARRIS ADVISED ERIC FISCHER TO HAVE ALL NECESSARY DOCUMENTS FOR THE REQUEST BEFORE THE PUBLIC HEARING. ORDINANCE - PROPOSED BY INDIAN RIVER COUNTY RE: TRAIN WHISTLE MOTION BY COUNCILMAN VALLONE, SECONDED BY VICE MAYOR ROTH, TO REJECT THE PROPOSAL OF THE INDIAN RIVER COUNTY COMMISSIONERS TO PROHIBIT TRAIN WHISTLES FROM 10:00 P.M. TO 6:00 A.M. ROLL CALL VOTE: AYES: VICE MAYOR ROTH COUNCILMAN MCCARTHY COUNCILMAN RONDEAU COUNCILMAN VALLONE VICE MAYOR ROTH 10