HomeMy WebLinkAbout08201986PUBLIC HEAR~ ~1~ ~E_~ Q~Y_ ~Q~Q~ ~~
~~ ~Q~ 1986
MINUTES
MAYOR HARRIS CALLED THE MEETING TO ORDER AT 7:00 P.M.
VICE MAYOR ROTH LED THE PLEDGE OF ALLEGIANCE AND AFTERWARD THERE
WAS A MOMENT OF SILENT PRAYER.
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
GOLF COURSE ADVISORY BOARI~,J~URSDAY, AUGU~ 21, 1986 @ 4:00 P.M.
PLANNING & ZONING, THURSD~,~UG~$T ~_~, 19~_~ @ 7:00 P.M.
BUDGET WORKSHOP, FRIDAY, AUGUST 22, 1986 @ 5:00 P.M.
CITY CLERK DEBORAH KRAGES ANN~ THA~ THE GOLF COURSE BOARD
MEETING HAD BEEN CANCELLED.
MAYOR HARRIS ANNOUNCED THAT THER~ WOUL~--BE A COMMUNITY MEETING AT
THE COMMUNITY CENTER ON AUGUST ~8~ / 19~6 AT 7:00 P.M. TO DISCUSS
CRIME PREVENTION IN THE BUSINESS~-RETATi5 SECTOR.
MAYOR HAR~R~S?~TH~--~TH~ ~e~ BE~UTI THE
'f, C _ D) IA/
ROLL CALL VOTE:
AYES:
VICE MAYOR ROTH
COUNCILMAN MCCARTHY
COUNCILMAN RONDEAU
COUNCILMAN VALLONE
MAYOR HARRIS
THIS WAS PLACED AS ITEM #1 UNDER OLD BUSINESS.
MAYOR HARRIS STATED THAT AFTER MEETING WITH DOBSON, BJERNING &
DUFFEY HE HAD BEEN GIVEN TWO FIGURES THAT HE WISHED TO BRING TO
COUNCIL AT THIS MEETING. HE SAID THAT FOR A ONE YEAR CONTRACT
WiTH THE AUDITING FIRM, THE PROPOSAL FOR ALL AUDITS WAS FOR
$20,890.00 AND FOR A THREE YEAR CONTRACT THE COST WOULD BE
$18,890 FOR THE FIRST YEAR AND THE NEXT TWO YEARS NEGOTIATED AND
CONCEIVABLY LOWERED IF CONTINUED. HE SAID THE FiRM MADE THE
PROPOSALS WITH THE UNDERSTANDING THAT NEW EMPLOYEES WOULD BE
HIRED FOR THE FINANCE DEPARTMENT AND THAT THEY WOULD ASSIST IN
THE TRAINING OF THESE EMPLOYEES.
MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN MCCARTHY, TO
PLACE THE DISCUSSION OF THE PROPOSAL FROM DOBSON, BJERNING &
DUFFEY ON THE AGENDA.
PUBLIC HEARING, REGULAR COUNCIL MEETING AUGUST 20, 1986 PAGE 2
ROLL CALL VOTE:
AYES:
VICE MAYOR ROTH
COUNCILMAN MCCARTHY
COUNCILMAN RONDEAU
COUNCILMAN VALLONE
MAYOR HARRIS
THIS WAS PLACED AS THE ITEM #9 UNDER NEW BUSINESS.
COUNCILMAN VALLONE ANNOUNCED A MEET THE CANDIDATES FORUM ON
THURSDAY, AUGUST 21, 1986 AT THE REFLECTIONS ON THE RIVER COUNTRY
CLUB, FOR THOSE RUNNING FOR THE SCHOOL BOARD. HE SAID THAT THERE
WOULD BE A DEMONSTRATION OF THE NEW VOTING EQUIPMENT AT THAT
MEETING.
COUNCILMAN
LATE, THE
MEETING.
RONDEAU REQUESTED THAT IF THE MEETING BEGAN TO RUN
AUDITOR DISCUSSION BE MOVED UP AND ADDRESSED AT THIS
QQ~M__ITTE~ ~RQE~
WHEN QUESTIONED BY COUNCILMAN MCCARTHY, MAYOR HARRIS STATED THAT
THERE WOULD BE NO AP,~E~VAL OF~_~U~S~ECAUSE THEY HAD BEEN
I I
COUNCIL OF THE CITY OF SE~AST~N, VACATING, ABOLISHING,
ABANDONING, AND DISCONTINUING ~ PO~u~ION OF PLATTED LAND KNOWN AS
SEBASTIAN GARDENS SUBDIV [S~- A~D A PORTION OF BLOCK 12 ,
SEBASTIAN HIGHLANDS, SEBAST./.~ .FLORIDA, MORE FULLY DESCRIBED
HEREIN, PROViDiNG AN EFFECTIVE DATE.
SAID TH~ABA~M~W~D ~T ~FECT~CCE~ ~ A~ :
LTD.,
THEIR
HE
?ROPERTY.
VICE MAYOR ROTH QUESTIONED THE EXACT LOCATION OF THE SUBDIVISION.
WHEN QUESTIONED BY COUNCILMAN RONDEAU ABOUT THE REALIGNMENT OF
MAIN STREET, EDWARD VICK, GENERAL MANAGER OF SEBASTIAN GROUP
LTD., STATED THAT THE DEVELOPMENT ORDER AS ISSUED BY COUNCIL
READS THAT THE REALIGNMENT OF MAIN STREET WILL TAKE PLACE WITHIN
THE FIRST THIRTY DAYS AFTER PHYSICAL CONSTRUCTION HAS BEGUN ON
THE PLANNED UNIT DEVELOPMENT AND THAT PHYSICAL CONSTRUCTION IS
ANYTIME BETWEEN JUNE 21, 1986 UP TO THE NEXT EIGHTEEN MONTHS. HE
SAID THAT THEY ARE REQUESTING APPROVAL SO THAT THIS CAN BEGIN.
COUNCILMAN
ENGINEER,
STREET.
RONDEAU STATED THAT HE HAD RECEIVED FROM CITY
HECTOR FRANCO A FIGURE OF $90,000. TO REALIGN MAIN
MR. VICK STATED THAT THEIR BUDGETED AMOUNT FOR REALIGNMENT WAS
$58,000.
J.W. THOMPSON,
ABANDONMENT.
QUESTIONED WHAT PART OF THE HIGHLANDS IS IN THE
ATTORNEY PALMER STATED THAT THERE ARE TWO LOTS WEST OF BOB CIRCLE
THAT WILL BE ABANDONED FOR AN ACCESS.
PUBLIC HEARING, REGULAR COUNCIL MEETING AUGUST 20, 1986 PAGE 3
MR. VICK STATED THAT THE PROPERTY WAS PURCHASED FOR AN ACCESS
REQUIRED BY THE D.O.T.
MAYOR HARRIS CLOSED THE PUBLIC HEARING AT 7:25 P.M.
MAYOR HARRIS OPENED THE PUBLIC HEARING AT 7:25 P.M.
ATTORNEY PALMER READ, BY TITLE ONLY, AN ORDINANCE OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVE PLAN DESIGNATION
FROM INDIAN RIVER COUNTY LD-2 (LOW DENSITY) TO GENERAL COMMERCIAL
(CG) FOR A PARCEL OF PROPERTY IN THE NORTHEAST 1/4 OF SECTION 13,
TOWNSHIP 31 SOUTH, RANGE 38 EAST, KNOW AS CHESSER'S GAP, LOCATED
IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
COMPRISING 58.09 ACRES; PROVIDING AN EFFECTIVE DATE.
MAYOR ASKED FOR PUBLIC COMMENT.
THERE BEING NO COMMENT FROM THE PUBLIC, MAYOR HARRIS CLOSED THE
!
THERE WAS NO PUBLIC INP~T~
COUNCILMAN MCCARTHY REQUESTED A5 ~X?L~NATION FOR SECTION VI.
NOT FROM ONE BUDGET TO ANOTHER.
TAKE PLA~CB~ OD ~-~EPTF,~FER;~\A~D~7~ 1986, AND;T~A~ NOTICE OF
VICE MA~O~ ~E~E~ ~A~ATI~ OF~V~~DGETS
IN SECTION VI OF THE ORDINANCE.
ATTORNEY PALMER STATED THE LANGUAGE OF THE AMENDMENT AS FOLLOWS:
"TRANSFER APPROPRIATIONS FROM ONE LINE ITEM TO ANOTHER LINE ITEM
WITHIN AN INDIVIDUAL BUDGET DEPARTMENT SO LONG AS THE TOTAL
APPROPRIATIONS FOR EACH DEPARTMENT INCLUDING THE CAPITAL OUTLAY
ACCOUNTS RELATED TO SHALL NOT BE INCREASED THEREBY."
ATTORNEY PALMER READ, FOR THE FIRST TIME, BY TITLE ONLY, A
RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING THE ANNUAL
BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1986, AND ENDING SEPTEMBER 30, 1987;
APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF
THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS
DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987; SUCH
APPROPRIATIONS BEING FROM ANTICIPATED REVENUE: PROVIDING A MEANS
TO AMEND THE SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE
FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING
AS OF SEPTEMBER 30, 1986; PROVIDING A MEANS TO AMEND THE SAID
BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1986;
AUTHORIZING THE TRANSFER OF FUNDS HERIN APPROPRIATED SO LONG AS
THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY;
PROVIDING AN EFFECTIVE DATE.
MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN MCCARTHY, TO
ACCEPT FOR PUBLIC HEARING ON SEPTEMBER 3 AND 17, 1986, WITH
AMENDMENT TO SECTION VI, AS READ, FOR THE FIRST TIME, BY TITLE
ONLY, AN RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING
THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE
FISCAL YEAR BEGINNING OCTOVER 1, 1986, AND ENDING SEPTEMBER 30,
PUBLIC HEARING, REGULAR COUNCIL MEETING AUGUST 20, 1986 PAGE 4
1987, APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE
OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF
ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987;
SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE: PROVIDING A
MEANS TO AMEND THE SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE
FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING
AS OF SEPTEMBER 30, 1986; PROVIDING A MEANS TO AMEND THE SAID
BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1986;
AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG AS
THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY;
PROVIDING AN EFFECTIVE DATE.
COUNCILMAN RONDEAU REQUESTED THAT SECTION VI BE REWRITTEN TO
INCLUDE THE APPROVAL OF THE CITY COUNCIL.
MAYOR HARRIS STATED THAT LINE ITEM TRANSFERS
ADMINISTRATIVE DAY TO DAY OPERATION TO BE HANDLED BY
AND FINANCE DIRECTOR.
WERE AN
THE MAYOR
ROLL CALL VOTE:
AYES:
NAYS:
VICE MAYOR ROTH
MAYOR HARR~_.~
COUNCILNA/~ ~CCA .~TH¥
COUNCiL~LOY3 __
ATTORNEY PALMER READ, BY TITLE 05L~_~ A RESOLUTION EXEMPTING ALL
CHURCHES AND THE POST OFFICE, FIRE DEPARTMENT, LIBRARY AND
AMBULANCE
SQUAD
TAX,
REPEALINC PREVIOUS RESOLUTIONn O. R-86-10, PROVIDINC AN EFFECTIVE
DATE.
ADOPT A$'~REA),~ A R~'SDLU~ION EXq~TING ALL CHURq~E~ AND~ ~HE POST
OF THE ~I~TY]PJ~L-~C S~R~I~F4-~A~,%Rg~P~AL]N~ PREV~Op~ ~ESO~UTION NO.
R-86-19,',~iA~OVI_D_I~G-A~EF.~ECH,-~VE-.~TE.~ -- ,, ,, __ ,__
ROLL CALL VOTE:
AYES:
VICE MAYOR ROTH
COUNCILMAN MCCARTHY
COUNCILMAN LLOYD
COUNCILMAN VALLONE
MAYOR HARRIS
~QTION CARRIED
ATTORNEY PALMER READ, BY TITLE ONLY, A RESOLUTION OF THE CITY OF
SEBASTIAN, FLORIDA, ADDING A NEW JOB DESCRIPTION TITLED
"ASSISTANT FINANCE DIRECTOR" TO PART V OF THE CITY OF SEBASTIAN
STANDARD OPERATING PROCEDURES; PROVIDING AN EFFECTIVE DATE.
MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN VALLONE, TO
ADOPT AS READ, BY TITLE ONLY, A RESOLUTION OF THE CITY OF
SEBASTIAN, FLORIDA, ADDING A NEW JOB DESCRIPTION TITLED
"ASSISTANT FINANCE DIRECTOR" TO PART V OF THE CITY OF SEBASTIAN
STANDARD OPERATING PROCEDURES; PROVIDING AN EFFECTIVE DATE.
COUNCILMAN MCCARTHY REQUESTED THAT THIS BE POSTPONED AND THE
QUALIFICATIONS OF THE ASSISTANT FINANCE DIRECTOR BE REREVIEWED
AFTER THE REVIEW OF THE FINANCE DEPARTMENT BY TOM NASON.
PUBLIC HEARING, REGULAR COUNCIL MEETING AUGUST 20, 1986 PAGE 5
COUNCILMAN RONDEAU SAID HE UNDERSTOOD WHAT COUNCILMAN MCCARTHY
WAS SAYING BUT THAT THE ADVERTISEMENT FOR THE POSITION SHOULD NOT
BE DELAYED. HE THEN QUESTIONED CAROL CARSWELL ABOUT THE SALARY.
CAROL CARSWELL STATED THAT SHE HAD SUGGESTED A SALARY SCALE OF
$17,000. TO $20,000.
DISCUSSION TOOK PLACE ON THE QUALIFICATIONS FOR AN ASSISTANT
FINANCE DIRECTOR.
COUNCILMAN VALLONE STATED THAT HE THOUGHT IT WAS THE INTENT OF
THE COUNCIL AT THE SPECIAL COUNCIL MEETING ON THE FINANCE
DEPARTMENT TO ACT ON THE ADVERTISEMENT FOR THIS POSITION SWIFTLY.
VICE MAYOR ROTH STATED THAT THE COUNCIL WAS QUESTIONING WHETHER
SOMEONE WITH THESE QUALIFICATIONS CAN BE HIRED FOR THIS AMOUNT OF
MONEY WHICH BRINGS THEM BACK TO SQUARE ONE.
CAROL CARSWELL STATED THAT FOR THIS SALARY RANGE COUNCIL WAS NOT
LIKELY GOING TO GET SOMEONE WITH TEN YEARS EXPERIENCE. SHE SAID
THE QUALIFICATIONS ARE THE MINIMUM REQUIRED.
COUNCILMANsALARY BE UPPED.RONDEAU SUGG~ ~EA~2-~ ~IFICATIONS AND THE
COUNCILMAN VALLONE SUGGES~rED~HA~ TH~ SALAmi BE UPPED TO $20,000.
TO $22,000. ~ __ __
MAYOR HARRIS SUGGESTED THAT THE SALARY RANGE BE MADE $17,000. TO
$21,999. AND ONE YEAR EXPER2~ _~-~GOVERMENT ACCOUNTING BE
INCLUDED IN THE QUALIFICATIONS. L
MOTION BY COUNCILMAN VALLONE, SE~CNDE~-BY COUNCILMAN RONDEAU, TO
AMEND THE MOTION TO INCLUDE SA~ARYjRANpE OF $17,000. - $21,999.
AND ONE YEAR MINIMUM EXPERIENE-~. '~
ROLL CALL
AYES
£O~-~_IL~N) Rp~U ~ )
OC~ I ~ V~L~ ~
MAYOR HARRIS
~Q~Q~ CARRIED
ROLL CALL VOTE: (ON THE MOTION)
AYES:
VICE MAYOR ROTH
COUNCILMAN MCCARTHY
COUNCILMAN RONDEAU
COUNCILMAN VALLONE
MAYOR HARRIS
MOTION
MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN MCCARTHY, TO
ACCEPT THE AGREEMENT WITH THE COMMUNICATIONS WORKERS OF AMERICA
ALONG WITH THE ENCLOSED LETTER AGREEMENT TO DELETE ARTICLE 22
SECTION 3 OF THE CONTRACT AND TO THANK THEM FOR THEIR COOPERATION
ON BEHALF OF THE CITY OF SEBASTIAN.
VICE MAYOR ROTH REQUESTED THAT THE LETTER BE A PART OF THE
MINUTES. IT READS AS FOLLOWS: AUGUST 19, 1986, C.W.A. LOCAL
3180, P.O. BOX 6237, VERO BEACH, FL 32961, LETTER AGREEMENT
(C.W.A. LABOR CONTRACT) HAVING BECOME A MOOT QUESTION, SECTION
3, ARTICLE XXII, THE SO-CALLED "ME TOO" CLAUSE, IS DELETED AND
THE CONTRACT IS RATIFIED BY THE C.W.A. WITH THIS CHANGE.
PUBLIC HEARING, REGULAR COUNCIL MEETING AUGUST 20, 1986 PAGE 6
SIGNED BY JOHN SCATES, C.W.A. REPRESENTATIVE; KATHLEEN (COOKIE)
GUYER, PRESIDENT, LOCAL 3180 AND GERALD DAVIS, VICE PRESIDENT,
LOCAL 3180.
ROLL CALL VOTE:
AYES:
VICE MAYOR ROTH
COUNCILMAN MCCARTHY
COUNCILMAN RONDEAU
COUNCILMAN VALLONE
MAYOR HARRIS
ATTORNEY PALMER READ, BY TITLE ONLY, A RESOLUTION OF THE CITY
COUNCIL OF SEBASTIAN, VACATING, ABOLISHING, ABANDONING, AND
DISCONTINUING A PORTION OF PLATTED LAND KNOWN AS SEBASTIAN
GARDENS SUBDIVISION AND A PORTION OF BLOCK 12, SEBASTIAN
HIGHLANDS, SEBASTIAN, FLORIDA, MORE FULLY DESCRIBED HEREIN,
PROVIDING AN EFFECTIVE DATE.
PORTION OF PLATTED LAr(D~K~OWN AS SEBAStiAN GARDENS SUBDIVISION
AND A PORTION OF BLO~kK-"12-;-, SShBASTIA-N HIGHLANDS, SEBASTIAN,
FLORIDA, MORE FULLY DESCRIBED HEREIN, PROVIDING AN EFFECTIVE
ROLL CALL VOTE: %
SEBASTIAN, FLORIDA ~ENDING THE COMPREHENSIVE PLAN DESIGNATION
FROM INDIAN RIVER COUNTY LD-2 (LOW DENSITY) TO GENE~L COMMERCIAL
(CG) FOR A PARCEL OF PROPERTY IN THE NORTHEAST 1/4 OF SECTION 13,
TOWNSHIP 31 SOUTH, ~NGE 38 EAST, KNO~ AS CHESSER'S GAP, LOCATED
IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY~ FLORIDA,
COMPRISING 58.09 ACRES~ PROVIDING AN EFFECTIVE DATE.
MOTION BY COUNCILMAN RONDEAU, SECONDED BY COUNCILMAN MCCARTHY, TO
ADOPT AS READ, BY TITLE ONLY, AN ORDINANCE OF THE CITY OF
SEBASTIAN, FLORIDA AMENDING THE COMPREHENSIVE PLAN DESIGNATION
FROM INDIAN RIVER COUNTY LD-2 (LOW DENSITY) TO GENERAL COMMERCIAL
(CG) FOR A PARCEL OF PROPERTY IN THE NORTHEAST 1/4 OF SECTION 13,
TWONSHIP 31 SOUTH, RANGE 38 EAST, KNOWN AS CHESSER'S GAP, LOCATED
IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
COMPRISING 58.09 ACRES; PROVIDING AN EFFECTIVE DATE.
COUNCILMAN VALLONE BROUGHT TO THE ATTENTION OF THE COUNCIL THAT
THERE ARE LETTERS FROM SURROUNDING PROPERTY OWNERS OBJECTING TO
THE ADOPTION OF THIS ORDINANCE.
ATTORNEY PALMER STATED THAT BY LAW THIS IS THE FIRST OF TWO
PUBLIC HEARINGS, IF APPROVED THIS EVENING IT WILL GO TO THE
DEPARTMENT OF COMMUNITY AFFAIRS FOR A NINETY DAY REVIEW WHERE
ENQUIRIES OF LOCAL GOVERNMENTAL BODIES MAY BE MADE, WRITTEN
COMMENT WILL BE GIVEN BY THE DCA AND ANOTHER PUBLIC HEARING WILL
BE HELD.
PUBLIC HEARING, REGULAR COUNCIL MEETING AUGUST 20, 1986 PAGE 7
WHEN QUESTIONED BY COUNCILMAN MCCARTHY, THE CITY CLERK STATED
THAT SHE HAD MAILED A LITTLE OVER 300 LETTERS TO SURROUNDING
PROPERTY OWNERS.
COUNCILMAN MCCARTHY STATED THAT ONLY A COUPLE OF NEGATIVE LETTERS
HAD BEEN RECEIVED AND NO ONE HAD APPEARED AT THE PUBLIC HEARING.
VICE MAYOR ROTH STATED THAT HE HAD CONCERNS ABOUT TRANSPORTAION
THROUGHFARE IN THE AREA OF CHESSER'S GAP AND HAD EXPRESSED HIS
CONCERNS ON RECORD TO FORMER MAYOR JIM GALLAGHER, A MEMBER OF
THE SEBASTIAN GENERAL PARTNERSHIP B.F.T., AND SAID THAT IF THEY
WISH TO HAVE FINAL APPROVAL GRANTED WITHOUT DIFFICULTY THOSE
REQUESTS WOULD BE HAVE TO BE MET. HE THEN CALLED FOR THE
QUESTION.
ROLL CALL VOTE:
AYES:
VICE MAYOR ROTH
COUNCILMAN MCCARTHY
COUNCILMAN RONDEAU
COUNCILMAN VALLONE
~a~Q~ MATTER~MAYOR ~S__ ~ ~7 ~Q~Q~ ~ARRIED
NONE. ~ _
CITY ~Q~ MEMBERS' ~ATTERS
BE AVAILABLE. MAYOR HARRIS STAT~I~ THAT IT SHOULD BE READY BY
TUESDAY, AUGUST 26, 1986.
COUNCILMAN MCCARTHY REQU~~AYROLL COMPUTER PRINTOUT FOR
FINANCE A~ ~MINIST~TION.
VOTE ~ ~O II'MI ~ [~AKI~% ~HEI SUNSHI~ L,W, lXT[AT THIS
YEARS, ~T ~E~IAN' ~ S~ TW~EA~ ~ S~ASTIAN, A~ I
HAVE NEVER BEEN ACCUSED OF ANYTHING, ANY WRONG DOING, UNTIL THE
LOC~ REPORTER, DAVE BENESH, ACCUSED ME OF BREAKING THE SUNSHINE
LAW OF THE STATE OF FLORIDA. I HAVE TALKED TO THIS, THESE,
PREVIOUS TO MY REMARKS TO THE CITY ATTORNEY AND MY FELLOW
COUNCILMEN BECAUSE I THINK I COULD DO THAT BECAUSE THEY ARE
VOTING ON THE OUTCOME OF THIS DECISION THAT MAY BE MADE BY SOME
JERK THAT I MIGHT HAVE BROKEN THE SUNSHINE LAW OF THE STATE OF
FLORIDA. I TALKED TO DAVE BENESH, THE REPORTER INVOLVED, AFTER
THE MEETING OF AUGUST 15 IN REGARDS TO THE CONVERSATION WE HAD.
I WOULD CERTAINLY HOPE THAT HE WOULD GET A COPv OF THE MINUTES OF
THE MEETING THAT THE CITY CLERK HAS PROVIDED US WITH VERBATIM AND
THE REMARKS OF OUR CITY ATTORNEY, TOM PALMER, TO MAKE MY WORDS
INTO HIS, THE MEANING'S A BUNCH OF HOGWASH. I RESPECT MY
INTEGRITY FOR THIRTY YEARS IN GOVERNMENT. I DON'T CARE FOR ANY
JERK REPORTER ACCUSING ME OF BREAKING THE SUNSHINE LAW IN
FLORIDA. I HAVE TOLD HIM A~ I TOLD A GENTLEMAN NAMED LARRY
REISMAN, ~O CALLED ME ABOUT ~O HOURS OR THREE HOURS BEFORE THIS
MEETING AND SUGGESTED THAT I, TODAY, THAT I, KEN ROTH, VICE MAYOR
OF THE CITY OF SEBASTIAN, HAD ASKED THE CITY CLERK TO DESTROY THE
MINUTES OF FRIDAY'S MEETING A~ THE FRIDAY'S MEETING WOULD BE THE
DATE AUGUST 15, 1968, 1986. MAYBE I SHOULD HAVE BEEN BORN IN
SIXTY I WOULDN'T BE SO BOISTEROUS. IT IRRITATES ME TO NO END
THAT SOMEBODY WOULD EVEN THINK OF OR TRY TO ACCUSE ME AND I
CERTAINLY RESE~ THE FACT THAT I WOULD EVEN SUGGEST TO THE CITY
CLERK OF THE CITY OF SEBASTIAN THAT SHE OR ANYBODY ELSE THAT
WOULD DESTROY A~ RECORDS THAT WOULD I~OLVE ME OR A~ MEMBER OF
THIS COUNCIL. IT WAS SUGGESTED TO ME BY MR. REISMAN AN
APPARENTLY REPORTER OF THE PRESS JOURNAL THAT MY REMARKS MAY BE
PUBLIC HEARING, REGULAR COUNCIL MEETING AUGUST 20, 1986 PAGE 8
TAKEN TO STATE'S ATTORNEY'S OFFICE AND ALSO THE SHERIFF OF THIS
COUNTY. MR. DOBECK MAY BE GETTING INVOLVED. I HAVE PLENTY MORE
REMARKS. I COULD PROBABLY TALK FOR TWO HOURS ON THIS BUT I'M
GOING CLOSE IT WITH THIS STATEMENT; AND I SAID IT IN THE
PREVIOUS(INAUDIBLE)THAT I CERTAINLY AM EMBARASSED AND I MEAN AM
TOTALLY EMBARASSED THAT ANYBODY WOULD ACCUSE KEN ROTH OF ANY
WRONGDOING POLITICALLY FOR ANY REASON AT ANY TIME AND YOU
REPORTERS SITTING OUT THERE WRITING NOW MAY CONTACT THE CITY OF
BERKELEY BACK IN MICHIGAN, OAKLAND COUNTY, THE OAKLAND COUNTY
PROSECUTOR, MR. PATTERSON, WHO'S GOT A PERSONAL FRIEND IN HERE,
IN SEBASTIAN, AND ASK THEM IF I }laVE EVER BEEN ACCUSED OF ANY
WRONGDOING IN MY TWENTY EIGHT YEARS IN POLITICS AND THAT'S ONE
REASON I'M SPEAKING THIS EVENING. I DO NOT LIKE TO BE ACCUSED
FALSELY AND I WOULD CERTAINLY EXPECT A FULL APOLOGY FROM MR.
BENESH IN TOMORROW'S PAPER. IF NOT WE'LL FOLLOW IT FROM THERE.
THANK YOU VERY MUCH."
MAYOR HARRIS - "THANK YOU COUNCILMAN."
COUNCILMAN MCCARTHY - "IF I CAN THEN, IF i MAY THEN EXPOUND ON
SOMETHING HERE, I SE~'W~HA~fE~3~I~/~ERE DATED AUGUST 18 TO
ATTORNEY PALMER FROM P~.~L_~ITY CL~E~. \ V~E 18TH WAS LAST MONDAY.
I DIDN'T GET THIS LETteR UN?IL TDDAY.~'/~E COULDN'T HAVE GOTTEN
THIS MONDAY NIGHT? rFI~qLE~"~ER ~HAT ~S STATING TO THE EFFECT
THAT THERE WAS VA, ~OJ~E~NE REQUESTED~ ;~ VERBATIM TRANSCRIPT OF
VICE MAYORS ROTH ' S ~]~M~T? -- DO W~J JUST GO AROUND GIVING
VERBATIM TRANSCRIPTS TO ANYBODY THAT ASKS FOR THEM? WE DON'T
CHARGE THEM ANY MONEY FOR THLS~"
DEBORAH KRAGES - "THEY WERE CHAR~ED~
COUNCILMAN MCCARTHY - "HOW MUC~ WER~ THEY CHARGED?"
DEBORAH KRAGES - "I'D HAVE T~C~HEC~, MR. MCCARTHY,
MY HEAD I DON'T KNOW."
HIT WITH~T~%IS ~NI3}~1~.% ~ ~DI~'T ]
SEE, WE~IF_,~E ~
DIDN'T RECEIVE THIS LETTER UNTIL TODAY, BUT IT'S DATED THE
EIGHTEENTH. I'M ASSUMING IT WAS DONE BEFORE WE STARTED THIS
MEETING AND AS FAR AS VERBATIM TRANSCRIPTS ARE WE OPENING UP A
PANDORA'S BOX HERE? IS ANYBODY HERE CAN COME IN AND JUST SAY YOU
WANT VERBATIM MINUTES?"
OFF THE TOP OF
:~OUN~IL O-~ TH~$~ND R-O~ I WAS
DEBORAH KRAGES - "IF YOU'RE NOW REFERRING."
COUNCILMAN MCCARTHY - "ANYTIME?
SUNDAY."
WE'LL NEED CLERKS FROM HERE TO
DEBORAH KRAGES - "IF YOU'RE NOW REFERRING TO THE EMERGENCY
MEETING."
COUNCILMAN MCCARTHY - "I'M REFERRING TO THE VERBATIM TRANSCRIPT,
THE EMERGENCY CITY COUNCIL MEETING. THAT'S THE ONLY VERBATIM
TRANSCRIPT WE HAVE, ISN'T IT?"
DEBORAH KRAGES - "EVERY MEETING THAT DEALT IN THAT SUIT PRIOR TO
IT AND UP TO IT WAS DONE VERBATIM AND I EXPECT THE ATTORNEYS TO
REQUEST THEM AND PAY FOR THEM."
COUNCILMAN MCCARTHY
YOU DON'T KNOW."
- "DO YOU KNOW HOW MUCH THEY PAY FOR THEM?
DEBORAH KRAGES - "IT, THEY HAVE...ON THEIR TIME THAT THEY TOOK TO
PREPARE THOSE. THEY PAY BY THE HOUR FOR THE STAFF."
COUNCILMAN MCCARTHY - "AND WE GOT PAID FOR THIS THEN.
ANYBODY IN THE CITY KNOW IF WE GOT PAID FOR THIS?"
DOES
8
PUBLIC HEARING, REGULAR COUNCIL MEETING AUGUST 20, 1986 PAGE 9
DEBORAH KRAGES - "I DON'T BELIEVE THE ATTORNEY'S HAVE ASKED
IT YET."
FOR
ATTORNEY PALMER - "WHAT ATTORNEYS?"
COUNCILMAN MCCARTHY - "NOBODY'S ASKED FOR THIS?"
DEBORAH KRAGES - "ROBERTS. WHEN I TALKED TO HIM HE SAID THAT HE
WOULD WANT THE MEETING AND I ASSUMED..."
ATTORNEY PALMER - "I'M TALKING JUST ABOUT THE COMMENT.
TALKING ABOUT"
WE'RE
DEBORAH KRAGES - NO, HE'S TALKING, I'M SORRY, HE'S TALKING ABOUT
THE EMERGENCY MEETING ON THE SETTLEMENT. MR. ROBERTS HAD SAID HE
WOULD PROBABLY WANT A VERBATIM TRANSCRIPT, WE HAD THE TIME, IT
TOOK AN HOUR OR SO TO DO AND IT WAS PREPARED."
ATTORNEY PALMER - "WELL WE'RE ENTITLED TO CHARGE THE TIME."
COUNCILMAN MCCARTHY - "WHO WAS, WHO ASKED FOR THIS?"
DEBORAH KRAGES - "MR. ~R~'S-."~----~ ~V~
COUNCILMAN MCARTHY - "MR. ROBERTS.~ \ /
MAYOR HARRIS - "WANTS ~A~BATIM O? TH~,~I I OF
VICE MAYOR ROTH - "WHICH MEETING?"
MAYOR HARRIS - "THE EMERGEN~-~E~ THAT WE HAD."
COUNCILMAN MCCARTHY - "AND HE HASN'~PICKED IT UP YET OR
PICKED THIS UP? HAS MR. R~BE~RTS CqME IN?"
DEBORAH KRAGES - "NO SIR, HE~FROM~WEST PALM."
THAT MEETING.
NOBODY'S
DO IT8 TDS} A T qLE{ q R:- IN NO
COUNC I ~JMCC~T[-Y D)' ~ t ~> /~/ ~
VICE MAYOR ROTH - "NO MY COMMENTS AND MR. MCCARTHY'S ARE
DIFFERENT. BUT i'LL GO BACK TO MINE AGAIN BEING YOU SPOKE MR.
MCCARTHY. UH, IN THE RECEIPT OF THE LETTER, THAT I RECEIVED SOME
TWO THIRTY OR THREE O'CLOCK TODAY, AND WAS APPARENTLY, WAS
APPARENTLY ASKED FOR ON FRIDAY THE FIFTEENTH. THAT CORRECT?"
ATTORNEY PALMER - "I DON'T KNOW."
VICE MAYOR ROTH - "OKAY, I'M ASKING THE CITY CLERK. MY REMARKS
THAT WERE SUPPOSED TO BE VIOLATING THE SUNSHINE LAW WAS ASKED TO
YOU ON THE FIFTEENTH FOLLOWING THE MEETING OF THE FIFTEENTH."
DEBORAH KRAGES - "THAT'S CORRECT."
VICE MAYOR ROTH - "OKAY,
EIGHTEENTH, MONDAY."
YOU WROTE A LETTER TO TOM PALMER ON THE
DEBORAH KRAGES - "THAT'S CORRECT."
VICE MAYOR ROTH - "I UNDERSTAND THAT, BECAUSE YOU DON'T WORK, I
DON'T BLAME YOU. NOW, IN YOUR LETTER YOU SAID A NUMBER OF
RESIDENTS AND PRESS REQUESTED THAT I PREPARE A VERBATIM
TRANSCRIPT OF ViCE MAYOR'S STATEMENTS REMARKS IMMEDIATELY
FOLLOWING THE POSTPONED ACTION OF THAT MEETING. NOW, WHO WERE
THE, MAY I ASK YOU WHO THE NUMBER OF RESIDENTS WERE? AND MAY I
ASK YOU WHO THE PRESS REQUESTED THAT THAT TRANSCRIPT?"
PUBLIC HEARING, REGULAR COUNCIL MEETING AUGUST 20, 1986 PAGE 10
DEBORAH KRAGES - "SINCE YOU TOLD ME YOU WERE GOING TO ASK ME THAT
THIS AFTERNOON I'VE TRIED TO THINK OF EXACTLY WHO ALL THE PEOPLE
WERE. I DID NOT WRITE DOWN THEIR NAMES SO TO THE BEST OF MY
RECOLLECTION DAVID BENESH, OF THE PRESS JOURNAL, AND EDWINA VAN
ANTWERP."
VICE MAYOR ROTH - "VAN ANTWERP, MRS. VAN ANTWERP?"
DEBORAH KRAGES - "YES, SIR."
VICE MAYOR ROTH - "NOW WHAT DO YOU MEAN BY A NUMBER OF
RESIDENTS?"
DEBORAH KRAGES - "MR. ROTH, I BELIEVE THERE WERE MORE PEOPLE WHO
ASKED ME AND NOW YOU'VE ASKED ME TO NAME THEM AND I CAN'T DO THAT
FOR YOU, I'M SORRY, I DON'T REMEMBER."
VICE MAYOR ROTH - "THANK YOU VERY MUCH, THAT'S ALL I ASKED."
MAYOR HARRIS - "VICE MAYOR, MRS. KRAGES CAME TO ME MONDAY AND
AND THE PRESS WANTS A V~IJ~BAT]M fF IT.\ V ~ELL WHAT DO WE ..DO? I
SAID WE HAVE TO GIVE I~ TO THEM IF THE~'~E REQUESTING IT.
VICE MAYOR ROTH - "I ~_,~O__PRO£~M W~/! THAT AT ALL."
MAYOR HARRIS - "AND SO SHE REQUESTED, THEN SHE CAME BACK LATER IN
THE DAY, I DON'T KNOW WHEN/~-~WA~I THINK PERHAPS AFTER LUNCH,
UH, SHE SAYS THEY'VE ASK~F-~ IFr-~HIS IS A VIOLATION OF THE
SUNSHINE. I SAID REFER IT ~C TOM P~MER."
VICE MAYOR ROTH - "RIGHTLY ~C~, ~I ~ GLAD YOU DID. I'M VERY GLAD
YOU DID."
MAYOR HARRIS - "THAT'S THE PURPOSE OF THE LETTER. I SAID REFER IT
VICE M~~OT~- "~.~A~S%~/I HaVE A PE~% TANDING
MAYOR HARRIS - "BUT I DON'T, I THINK MRS. KRAGES HAS DONE HER
JOB, I THINK SHE WAS DOING WHAT WAS REQUIRED OF HER, AND I THINK
SHE WAS DEFINITELY DOING HER JOB."
VICE MAYOR ROTH - "I'M NOT (INAUDIBLE) WITH MRS. KRAGES
WHATSOEVER, AND SHE KNOWS THAT, I TOLD HER THAT THIS AFTERNOON.
THE ONLY THING I WANT TO, ONE MORE POINT, IN THE ARTICLE WRITTEN
BY DAVE BENESH, THE REPORTER FOR THE PRESS JOURNAL, TALKED TO ME
OUTSIDE THAT DOOR AFTER THE MEETING AND HE SAID TO ME THIS, DO
YOU THINK YOU BROKE THE SUNSHINE LAW? AND I TOLD MR. BENESH I
SAID DO YOU THINK FOR ONE MINUTE I WOULD SIT UP HERE AS A VICE
MAYOR OF THE CITY OF SEBASTIAN, AND BE STUPID ENOUGH TO LET YOU
KNOW AS A REPORTER I'D BREAK ANY LAW? IT SAYS IN THIS ARTICLE,
AFTER THE MEETING, ROTH SAID HE DID NOT BREAK THE SUNSHINE LAW
WHEN HE SPOKE TO MR. RONDEAU, TO RONDEAU, BY PHONE. ROTH SAID HE
DID NOT DISCUSS THE ISSUE AND ONLY CALLED RONDEAU TO FIND OUT
WHAT OCCURRED AT THE COUNCIL MEETING HE MISSED. AND MAY I
SUGGEST IN THE MINUTES OF THIS MEETING, AND I WANT IT REPORTED
WORD FOR WORD, THAT IT IS SHOWN IN THE MINUTES OF THAT MEETING
THAT'S EXACTLY WHAT I SAID."
MAYOR HARRIS - "THAT'S RIGHT."
VICE MAYOR ROTH - "I'M SICK AND TIRED OF BEING MISQUOTED IN THIS
DAMN BY THE PAPERS IN THIS..."
MAYOR HARRIS - "AND I THINK OUR ATTORNEY UH, GAVE US BACK A
DETERMINATION ON IT, THAT IT WAS UH, WELL HE USES A LOT OF LATIN
WORDS THAT I DONT' UNDERSTAND."
10
PUBLIC HEARING, REGULAR COUNCIL MEETING AUGUST 20, 1986 PAGE 11
VICE MAYOR ROTH - "WELL I APPRECIATE IT MR. MAYOR, I JUST WANT MY
COMMENTS KNOWN I, I."
MAYOR HARRIS - "THAT THERE, THAT IT WAS FRIVOLOUS."
VICE MAYOR ROTH - "I'VE BEEN IN POLITICS TOO LONG TO BE ACCUSED
BY ANY JERK LIKE THAT."
ATTORNEY PALMER - "WELL, ACTUALLY WHEN I WROTE THAT, UH, I GAVE
THIS MATTER, THIS WEIGHTY IMPORTANT MATTER ABOUT UH, WELL FIVE
SECONDS CONSIDERATION AND UH, WROTE ON THERE UH, A LATIN PHRASE,
IT SAYS THE LAW DOES NOT CONCERN ITSELF WITH TRIVIAL MATTERS. UH,
WE ALL SAT HERE, WE ALL SAW WHAT HAPPENED AND UH, NOW I
UNDERSTAND THAT THE STATE ATTORNEY AND THE SHERIFF'S DEPARTMENT
IS GOING TO START AN INVESTIGATION."
VICE MAYOR ROTH - "I HOPE THEY DO."
ATTORNEY PALMER - "ON THIS MATTER. IN FACT I THINK SOMEBODY IS
ABOUT TO CAME COME UP, OR CAME UP FOR THE ACTUAL TAPE, VERBATIM
TAPE OF THE MEETING. SO HERE WE GO WITH A VERY, VERY IMPORTANT
MATTER."
MAYOR HARRIS - "i HOPE W]E DO¥'T GO ANY %~U/~THER, ATTORNEY PALMER.
I BELIEVE IT WON'T. T~I~POSITIYE., -- ; "~
VICE MAYOR ROTH - "I 1~ i~DO~ IT ~ULD GET SOMEONE JAMMED
SOMETIME."
MAYOR HARRIS - "SEBASTIAN, ST IS ON THE MOVE. THE GOOD
WAY GENTLEMEN IF YOU PLEASE. ALRIG~."
,!
VICE MAYOR ROTH - I HAVE A F~.~W ~(~R~ COMMENTS, MR. MAYOR, I'LL
HOLD TILL SOME OTHER MEETING~.~.~'V~TAKEN ENOUGH OF YOUR TIME UP,
I APOLOGIZE."
NATIONAL INSTITUTE OF MUNICIPAL LAW OFFICERS (NIMLO), A NATIONAL
GROUP OF MUNICIPAL ATTORNEYS AND THEY TOLD HiM THEY HAD BEEN
CONTACTED BY A LOBBY GROUP FOR CONVENIENCE STORES FOR ATTORNEY
PALMER'S ADDRESS SO THEY COULD WRITE TO HIM TO TRY TO DISSUADE
THE CITY OF SEBASTIAN FROM ENACTING AN ORDINANCE WHICH MIGHT
AFFECT CONVENIENCE STORES.
COMPREHENSIVE LAND USE PLAN/MAP
LES SOLIN STATED THAT HE WANTED TO UPDATE COUNCIL ON NEW STATE
MANDATES FOR COMPREHENSIVE PLANNING AND TO CLOSE WITH A NOTE ON
HIS CONTINUING CONTRACT WITH THE CITY OF SEBASTIAN AS PLANNING
CONSULTANT.
MR. SOLIN STATED HE HAS ENJOYED HIS WORK FOR THE CITY. HE SAID
A NEW ERA IS BEING INITIATED IN LOCAL GOVERNMENT BY THE STATE DUE
TO THE GROWTH PRESSURES WHICH ARE CONFRONTING ALL FLORIDA
COMMUNITIES AS EVIDENCED BY THE EIGHTY THREE PAGE CRITERIA
PRESENTED BY THE STATE.
MR. SOLIN STATED THAT THE CITY WILL HAVE APPROXIMATELY THREE
YEARS TO PRESENT A NEW PLAN TO THE STATE FOR THEIR REVIEW,
HOWEVER, THE STATE HAS PREPARED A SCHEDULE FOR ALL LOCAL
GOVERNMENTS TO SUBMIT A PLAN ALONG WITH A FINANCIAL SCHEDULE. HE
SAID THE CITY WILL BE ELIGIBLE TO RECEIVE FIRST YEAR FUNDING OF
11
PUBLIC HEARING, REGULAR COUNCIL MEETING AUGUST 20, 1986 PAGE 12
$15,633.00, BASED ON ESTIMATES OF TWO CHIEF PLANNING OFFICERS IN
TALLAHASSEE, AND HAD FORTY FIVE DAYS TO PROVIDE A WORK PROGRAM
FOR THIS FUNDING COMMENCING WHEN THE PROPOSED RULE IS ENACTED
FORMALLY. HE SAID IT WOULD BE SENT TO THE GOVERNOR AND CABINET
ON THE FOURTH OF SEPTEMBER AND IS SCHEDULED TO BE ENACTED BY THE
STATE ON THE SIXTH OF OCTOBER. HE SAID THE REASON HE ADVISES
BEGINNING NOW IS FOR TIME TO EVALUATE THE CITY'S EXISTING PLAN
AND SUBMIT AN APPRAISAL REPORT. HE SAID THE FOLLOWING YEAR THE
CITY WOULD BE ELIGIBLE FOR ANOTHER $15,633.00 TO BE USED FOR
PARTIAL FUNDING OF POLICY AND MAP PREPARATION AND THE NEXT SIX
TO NINE MONTHS WOULD BE FOR REVIEW AT THE LOCAL AND STATE LEVEL.
HE SAID HIS ESTIMATED TOTAL BILLING FOR PLAN PREPARATION WOULD BE
BETWEEN $45,000.00 AND $50,000.00. FOR THE TWO YEAR PERIOD.
MR. SOLIN STATED THAT HE WISHED TO CONTINUE TO WORK WITH THE CITY
BUT TO UPDATE AND ESTABLISH SOME FORMALITY IN THE RELATIONSHIP
AND SUGGESTED THAT IF THE COUNCIL AGREE WITH THIS, THEY INSTRUCT
HIM TO DRAFT A TENTATIVE FIRST CUT OF A CONTRACT FOR REVIEW BY
THE CITY ATTORNEY, MAYOR AND COUNCIL.
MAYOR HARRIS ASKED M]L~ S~2~IN~IF~TtI~ ~RAFT COULD BE READY BY
INPUT AND TO SPEAK WIT.~H5 CHAZR~AN ~OF ~THE PLANNING AND ZONING
BOARD AND REQUESTED TH%T TSE CITY DEC~D ~AT PERSON WILL BE THE
ADMINIST~TIVE OFFICEP~-~ H~ W iL~ DEAL WITH.
MAYOR HARRIS SUGGESTE~A~4R. ~OLI~WORK WITH CITY ENGINEER,
HECTOR F~NCO. MR. SOLIN AGREED AND STATED THAT IF A~ OF THE
COUNCIL MEMBERS HAVE ANY~GG ~ONS FOR THE CONTRACT THEY
CONTACT HIM. ~'
WHEN QUESTIONED BY VICE ~YOR R~ AS TO WHY THE CITY NEEDS
ANYMORE THAN ALREADY EXISTS O.N; T~ COMPREHENSIVE LAND USE PLAN,
MR. SOLIN STATED THAT B~SE~OF THE INCREASED GROWTH OF
SEBASTIAN, THE CITY'S LEVEL OF PLANNING NEEDS TO BE AT A HIGHER
LEVEL 3~N ~ ~NOW~KEE~P ~A~ W~ ~E KNOWN
~T W~L B~ ~XP~I~NC~
IMPACT~
AND
IT. ~ ~ ~~ ~ ~
~Q~[~ QFF ER [RQ~ SEBAST IA~
MAYOR HARRIS ANNOUNCED THAT THIS ITEM HAD BEEN WITHDRAWN.
ATTORNEY PALMER READ, FOR THE FIRST TIME, BY TITLE ONLY, A
RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING PARAGRAPH
19 OF RESOLUTION %R-84-48 AND THEREBY EXTENDING THE TERM OF THE
HARRIS SANITATION, INC. FRANCHISE FOR A PERIOD OF FIVE (5) YEARS
FROM SEPTEMBER 19, 1986 TO SEPTEMBER 19, 1991; PROVIDING AN
EFFECTIVE DATE.
ATTORNEY PALMER READ, FOR THE FIRST TIME, BY TITLE ONLY, A
RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING PARAGRAPH
19 OF RESOLUTION #R-84-47 AND THEREBY EXTENDING THE TERM OF THE
RURAL SANITATION SERVICE, INC., FOR A PERIOD OF FIVE (5) YEARS
FROM SEPTEMBER 19, 1986 TO SEPTEMBER 19, 1991; PROVIDING AN
EFFECTIVE DATE.
MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN RONDEAU, TO
ACCEPT THE FIRST READING, BY TITLE ONLY, AND SET FOR PUBLIC
HEARING ON SEPTEMBER 10, 1986 A RESOLUTION OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING PARAGRAPH 19 OF RESOLUTION ~R-84-48
AND THEREBY EXTENDING THE TERM OF THE HARRIS SANITATION, INC.,
FRANCHISE FOR A PERIOD OF FIVE (5) YEARS FROM SEPTEMBER 19, 1986
TO SEPTEMBER 19, 1991; PROVIDING AN EFFECTIVE DATE AND TO ACCEPT
12
PUBLIC HEARING, REGULAR COUNCIL MEETING AUGUST 20, 1986 PAGE 13
THE FIRST READING, BY TITLE ONLY, AND SET FOR PUBLIC HEARING ON
SEPTEMBER 10, 1986, A RESOLUTION OF THE CITY OF SEBASTIAN,
FLORIDA, AMENDING PARAGRAPH 19 OF RESOLUTION #R-84-47 AND THEREBY
EXTENDING THE TERM OF THE RURAL SANITATION SERVICE, INC.,
FRANCHISE FOR A PERIOD OF FiVE (5) YEARS FROM SEPTEMBER 19, 1986
TO SEPTEMBER 19, 1991; PROVIDING AN EFFECTIVE DATE.
WHEN QUESTIONED BY VICE MAYOR ROTH ABOUT THE LENGTH OF THE
FRANCHISES, ATTORNEY PALMER STATED THAT BOTH SERVICES HAD
REQUESTED TEN YEARS AND THAT HE HAD WRITTEN THEM FOR FIVE YEARS
BUT THAT COUNCIL COULD STIPULATE THE LENGTH OF TIME.
ROLL CALL VOTE:
AYES:
VICE MAYOR ROTH
COUNCILMAN MCCARTHY
COUNCILMAN RONDEAU
COUNCILMAN VALLONE
MAYOR HARRIS
8Q~QN ~ARRIED
B~CQMM~NDATIQN F_RQM P~A_~'_ ~~Ei BQAT TEA_I_LEE F__EES_
COUNCILMAN MCCARTHY SUGGESTED THAT A~TpRNEY PALMER REVIEW THE
MOTION BY COUNCILMAN 'MIII~ART2~, -~'ECOND4~D BY VICE MAYOR ROTH, TO
REFER THE BOAT TRAILER FEES PROPOSED BY PARKS AND RECREATION TO
ON.
ALL AYES: % M_QTIQN CARRIED
CQNSIDER LETTER FRQM_ F. LAM~Z,=~:R~:I PQSSIBLE PURCHA~ QF INDIAN
RIVER DRIVE PROPERTY ~
MAYOR HARRIS STATED THAT THE RIPTIDE MARINA, THE PROPERTY
ADJACE~--'~O-m~ ~ C~ml IS~ Sk~N~--~H~-~HE ~--%~NING AND
OF THE' E_R . 15\
AC ON~U NCT ~~ p'~ 0 N E~TA~ A~F PURR~C~ HA S._~E ~IS_~0,000.00
ATTORNEY PALMER AGREED THAT HE HAD HEARD THE SAME PRICE.
VICE MAYOR ROTH SUGGESTED A SPECIAL ASSESSMENT OF CITY PROPERTY
FOR PURCHASE OF PARK PROPERTY. ATTORNEY PALMER STATED THAT THIS
CAN NOT BE DONE BECAUSE THIS LAND IS NOT IN PROXIMITY TO THE
SEBASTIAN HIGHLANDS. HE SAID THERE IS A PROCEDURE TO GO TO THE
RESIDENTS FOR A REFERENDUM.
COUNCILMAN RONDEAU STATED THAT SINCE THE CITY IS IN THE PROCESS
OF A LOAN FOR 1 MILLION DOLLARS WHY NOT BORROW AN EXTRA 1/2
MILLION BEFORE SOMEONE ELSE PURCHASES THE PROPERTY.
MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN MCCARTHY, TO
POSTPONE DISCUSSION ON THE POSSIBLE PURCHASE OF RIPTIDE MARINA
UNTIL AFTER BUDGET.
AYES:
VICE MAYOR ROTH
COUNCILMAN MCCARTHY
COUNCILMAN VALLONE
MAYOR HARRIS
NAYS:
COUNCILMAN RONDEAU
NQRTH INDIAN RIVER HiGH SCHQOL
13
PUBLIC HEARING, REGULAR COUNCIL MEETING AUGUST 20, 1986 PAGE 14
OLSKE FORBES, REPRESENTING CALDWELL BANKER, MADE A PRESENTATION
TO COUNCIL ON A PROPOSED SITE FOR THE NORTH INDIAN RIVER COUNTY
HIGH SCHOOL. SHE REQUESTED THAT COUNCIL REVIEW THE SITE IN CASE
THE CURRENTLY ENDORSED CORACI SITE DOES NOT MEET CRITERIA.
MAYOR HARRIS STATED THAT NO SITE WAS ENDORSED BY COUNCIL ONLY
THAT THE PROPERTY BE IN THE VICINITY OF THE MIDDLE SCHOOL.
COUNCILMAN VALLONE DISAGREED AND SAID THAT COUNCIL ENDORSED
CORACI SITE.
THE
MS. FORBES STATED THAT AT THE DAVIS PROPERTY MOST OF THE 800
STUDENTS WHO WOULD ATTEND WOULD NOT REQUIRE BUS TRANSPORTATION
BECAUSE THEY WOULD BE WITHIN A TWO MILE PERIMETER OF THE SCHOOL.
SHE ALSO STATED THAT GENERAL DEVELOPMENT CORPORATION WOULD BE
WILLING TO MAKE A LAND SWAP TO PROVIDE A FRONT ACCESS TO THE
SCHOOL ONTO SCHUMANN DRIVE.
VICE MAYOR ROTH STATED THAT IT WAS UP TO THE SCHOOL BOARD TO MAKE
THE DECISION ON THE LOCATION.
COUNCILMAN VALLONE STATED THA_ IN HIS/ OPINION TIIERE WILL BE
OPPOSITION FROM RESID Nr qI - T. IS AREAl I
-
MAYOR HARRIS THANKED OLSKE FORBES FOR HER PRESENTATION TO
COUNCIL.
RECESS WAS CALLED AT 9:35 ~.~.
MEETING WAS RECALLED AT 9:40 P.~.
ALL MEMBERS OF COUNCIL WER~ ~RESE
~CEPT ~~Q~ FROM ~Q~ ~~ ~Q~ ~Q~ ~Q~ ~QARD
MOTION~VI~MA~O~ S~E~C~C~ ~~HY, TO
MAYOR HARRIS RECOMMENDED THAT THIS ITEM BE POSTPONED UNTIL AFTER
BUDGET TIME.
MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN RONDEAU TO
CONCUR WITH THE RECOMMENDATION OF THE MAYOR AND POSTPONE ACTION
ON RULES AND REGULATIONS AT THE GOLF COURSE UNTIL AFTER BUDGET.
ALL AYES:
~QT~Q~ CARRIED
PRQPOSAL FROM
MAYOR HARRIS STATED THAT IF THE AUDITING FIRM OF DOBSON, BJERNING
& DUFFEY WAS CONTRACTED FOR ONE YEAR THE COST WOULD BE $20,890.
FOR ALL AUDITS AND TRAINING OF EMPLOYEES IN FINANCE DEPARTMENT;
AND IF THE CONTRACT WAS FOR THREE YEARS THE COST WOULD BE FOR THE
FIRST YEAR $18,890. AND THE SECOND TWO YEARS COST NEGOTIATED.
WHEN QUESTIONED BY COUNCILMAN VALLONE, CAROL CARSWELL STATED THAT
SHE WAS IMPRESSED WITH THiS AUDITING FiRM AND THEIR PROPOSAL.
MOTION BY COUNCILMAN VALLONE TO ACCEPT OFFER FROM DOBSON,
BJERNING AND DUFFEY AND CONTRACT FOR THREE YEARS, WITH PAYMENT OF
$18,890 FOR THE FIRST YEAR.
MOTION WITHDRAWN BY COUNCILMAN VALLONE WHEN ADVISED BY ATTORNEY
PALMER TO HAVE AN ENGAGEMENT LETTER DRAWN UP FOR EXECUTION BY
14
PUBLIC HEARING, REGULAR COUNCIL MEETING AUGUST 20, 1986 PAGE 15
COUNCIL.
MOTION BY COUNCILMAN VALLONE, SECONDED BY VICE MAYOR ROTH, TO
ACCEPT THE PROPOSAL FROM DOBSON, BJERNING AND DUFFEY FOR THREE
YEAR CONTRACT AND REQUEST A LETTER OF ENGAGEMENT FROM THEM FOR
COUNCIL APPROVAL.
ROLL CALL VOTE:
AYES:
VICE MAYOR ROTH
COUNCILMAN MCCARTHY
COUNCILMAN RONDEAU
COUNCILMAN VALLONE
MAYOR HARRIS
~Q~%Q~ CARRIED
~Q~EST ~Q~ RECREATIONAL FACILITI~
MOTION BY COUNCILMAN MCCARTHY, SECONDED BY COUNCILMAN RONDEAU, TO
APPROVE THE WAIVER OF FEES FOR THE USE OF THE COMMUNITY CENTER BY
MAYOR HARRIS FOR A C~NI~Y ~N~-~C~TCONVENIENCE STORES ON
THURSDAY, AUGUST 28, ]'9~@ 7:0~-P.-~.~V/
ALL AYES: L -- ~ I I ~Q~%Q~ ~~
MAYOR HARRIS ADJOURNED~ FEETIM~ AT 9_d~0 P.M.
MINUTES WERE APPROVED AT THE S~ER 4, 1986 CITY COUNCIL MEETING.
CITY CLERK
MAYOR
15