HomeMy WebLinkAbout04222015 Agenda Packet
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, APRIL 22, 2015 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE
Procedures for Public Input are on Back of Agenda
1. CALL TO ORDER
2. INVOCATION – Reverend Dave Newhart, St. Elizabeth’s Episcopal Church
3. PLEDGE OF ALLEGIANCE – Led by Mayor Richard Gillmor
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff.
No public input or action under this heading.
15.037 A. Certificate of Completion – Mayor Gillmor – Florida Institute of Government/Florida
League of Cities – Elected Municipal Officials III – The Leadership Challenge
B. Brief Announcements
4/25/15 – Relay for Life in Riverview Park – 11 am to 11 pm
5/2/15 – Craft Club Show in Riverview Park – 10 am to 3 pm
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 agenda items unless a member City Council so requests; in which event, the
item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent
agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the
meeting or by raising his/her hand to be recognized.
5-13 A. Approval of Minutes – April 8, 2015 Regular Meeting
15.082 B. Resolution No. R-15-09 – City Boards and Committees – Establishing Start Time,
14-18 Standard Agenda Format and Public Input Procedures (Transmittal, R-15-09)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING
FOR MEETING START AND END TIMES FOR ALL CITY BOARDS AND COMMITTEES; PROVIDING
FOR A STANDARD AGENDA FORMAT; PROVIDING FOR PROCEDURES FOR PUBLIC INPUT AND
PUBLIC HEARINGS; PROVIDING FOR USE OF ROBERTS RULES OF ORDER AS A GENERAL
GUIDELINE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
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15.083 C. Resolution No. R-15-10 – City Council Procedures Revision – Changes Meeting
19-24 Start and End Time (Transmittal, R-15-10)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RESCINDING
RESOLUTION NO. R-13-18; ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL
MEETINGS AND WORKSHOPS; REVISING START AND END TIME TIME; ADOPTING ROBERTS
RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA
FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM
TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
15.084 D. Approve Expenditure of Forfeiture Funds in the Amount of $686.00 to LOGO SEW
25-26 LLC for DARE T-Shirts (Transmittal, Invoice, FS 932.7055 (5) (b))
8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for City
committee member nominations and appointments under this heading.
9. PUBLIC HEARINGS - None
10. UNFINISHED BUSINESS
15.059 A. Approve Cavcorp Parking Lot Design Plans (Transmittal, Presentation)
27-33
15.041 B. Indian River Lagoon Coalition Draft #2 Interlocal Agreement – Consider Elements
34-38 (Transmittal, #2 Draft Agreement)
11. PUBLIC INPUT
New information or requests to city council not otherwise on the prepared agenda
12. NEW BUSINESS
15.085 A. Approve Final Report for Community Center Needs Assessment and Direct City
39-58 Manager Accordingly (Transmittal, Outlier Presentation)
15.086 B. City Council Authorization to Spend $5,000 from the Building Fund to Remediate 198
59 Columbus Street (Transmittal)
15.087 C. Review of Newly Revised Administrative Policies (Transmittal, Draft Policies)
60-70
i. Social Media Policy
ii. Email Use and Public Records Compliance Policy
iii. Internet Use Policy
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15.021 A. Seawall Engineering Assessment Update
15.068 B. Report on Council Chambers Acoustics and Oxford Proposal for City Logo
15. CITY CLERK MATTERS
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16. CITY COUNCIL MATTERS
A. Mayor Gillmor
B. Vice Mayor Adams
C. Council Member Coy
D. Council Member Hill
E. Council Member McPartlan
17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority
vote of City Council)
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT
MEETINGS.
All City Council Meetings are Aired Live on Comcast Channel 25.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY’S ADA COORDINATOR AT 589-5330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Future Council Meeting Dates:
5/13/15 Regular City Council Meeting 6:00
5/27/15 Regular City Council Meeting 6:00
6/10/15 Regular City Council Meeting 6:00
6/24/15 Regular City Council Meeting 6:00
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-13-18
Regular City Council Meetings
Public input is ALLOWED under the headings:
Consent Agenda
Public Hearings
Unfinished Business
New Business
Public Input
Public input is NOT ALLOWED under the headings:
Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments);
City Council Matters
Charter Officer Matters
Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings.
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City
Council may extend or terminate an individual’s time by majority vote of Council members present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of
the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of
a member of City Council or City staff. Individuals shall not address City Council after commencement of
City Council deliberation on an agenda item after public input has concluded, provided, however, the
Mayor and members of City Council may recall an individual to provide additional information or to answer
questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted
and may result in expulsion from the meeting. The Chair shall make determinations on such remarks,
subject to the repeal provisions below.
Appealing Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City
Council shall overrule any decision of the Chair.
Public Input Heading on Agenda
The heading on Regular Meeting agendas “Public Input” provides an opportunity for individuals to bring
NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED
AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are
asked to provide copies of material for Council one week prior to the meeting if they intend to refer to
specific material. City Council will not debate an issue during Public Input but may by consensus direct a
Charter Officer in regard to the item if necessary or place a requested item on a future agenda.
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SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, APRIL 8, 2015 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Gillmor called the Regular Meeting to order at 6:30 p.m.
2. Invocation was given by Pastor Norm Holm, Calvary Chapel Melbourne-Sebastian Campus.
3. The Pledge of Allegiance was led by Council Member McPartlan.
4. ROLL CALL
City Council Present:
Mayor Richard Gillmor
Vice Mayor Jerome Adams
Council Member Andrea Coy
Council Member Jim Hill
Council Member Bob McPartlan
City Staff Present:
City Manager, Joe Griffin
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Police Commander, John Blackledge
Park Supervisor, Chris McCarthy
Community Development Planner, Jan King
E-Records & Information Manager, Barbara Brooke-Reese
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
None.
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff.
No public input or action under this heading.
15.069 A. Proclamation – Guardian Ad-Litem Month - Accepted by H.L. “Vern” Melvin, Circuit
Director, 19th Circuit Guardian ad Litem Program
Mayor Gillmor read and presented the proclamation to Mr. Melvin, who explained the need
for Guardian Ad Litem volunteers to be advocates for children in the court system, noting
that of the 200 children in need only 150-160 children have that guidance. Mayor Gillmor
asked for his contact information and Mr. Melvin said individuals can contact Council
Member McPartlan who works for Department of Children and Families, had provided
information for the County website and perhaps could do so here.
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15.070 B. Proclamation – Child Abuse and Neglect Awareness and Prevention Month – April –
Accepted by Kathleen Cain, Executive Director of the Healthy Start Coalition -
Robyn Hjalmbey, Vice President, Giving Kidz A Chance - Nancy Gollnick,
representing the Five Exchange Clubs Elizabeth Swann, Whole Child – Beth Dingee,
Healthy Families - Boys & Girls Clubs of Indian River County, CASTLE, Tobacco
Free Partnership, and Childcare Resources
Mayor Gillmor read and presented the proclamation to representatives of the various
organizations listed above who participate in Pinwheel. Ms. Cain with Healthy Start Coalition
spoke on their behalf and explained the importance of awareness of child neglect and
prevention programs, said they adopted the Pinwheel which is a reminder of a happy
childhood and support for healthy families. The representatives presented pinwheels to
Council members.
15.049 C. Proclamation – American Cancer Society North Indian River County Relay for Life
Event in Riverview Park – April 25, 2015 – 11 am to 11 pm – Accepted by Doy
Demsick, American Cancer Society
Mayor Gillmor read and presented the proclamation to Doy Demsick, who encouraged
citizens to come out to support Relay for Life at Riverview Park on April 25th. Mr. Demsick
said he was honored to accept the proclamation, and explained the American Cancer
Society mission to find significant cures for cancer with Relay events and welcomed
everyone to come out and participate in the event.
15.071 D. Proclamation – Mayors’ Day of Recognition for National Service – April 7, 2015 –
Accepted by Julie Boswell, Americorp Volunteer at Pelican Island Elementary
Mayor Gillmor read and presented the proclamation to Ms. Boswell and Doug ??. Ms.
Boswell said Americorp volunteers in four elementary schools and three pre-schools in
Indian River County deal with 482 students in one on one tutoring, are involved with the
moonshot moment and proud to be part of the community.
15.072 E. Proclamation – National Volunteer Week – April 12 -18, 2015 – Accepted by City of
Sebastian Police and Administrative Volunteers
Mayor Gillmor read and presented the proclamation to City of Sebastian Police Commander
Blackledge, who thanked him on behalf of the 20 or more Police volunteers who contribute
thousands of hours every year to the community.
15.073 F. Proclamation – National Public Safety Telecommunicators’ Week – April 12-18, 2015
– Accepted by Sebastian Police Department Dispatchers
Mayor Gillmor read and presented the proclamation to Sebastian Police Department
dispatcher Lynn Faircloth.
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15.074 G. Presentation by Himanshu Mehta, Indian River County Solid Waste Disposal District
Himanshu Mehta gave a Power Point presentation on the new Solid Waste trash pickup in
the unincorporated areas of the County and City of Fellsmere, and countywide recycling
program by Waste Management following an RFP process and scheduled to begin October
1, 2015 (see PP attached). He explained there is a mandate to get to 75% recycling in
Indian River County in five years, the county trash service will go to once per week carted
subscription service, and to a cart for one stream recycling countywide using a 65 gallon
cart. He said their trash contract can be piggybacked by other municipalities.
Mayor Gillmor noted that the City of Sebastian will continue to have twice per week regular
trash pickup for the remainder of the City’s franchise term with Waste Management, while
the County will go to once a week.
Mr. Mehta asked for a location to house the recycling carts for distribution in the north
County, and said there will be an RIFD chip on the recycling carts to track usage and
provide education.
Ms. Coy said commercial recycling is lacking and asked how we could get them recycling.
Mr. Mehta said commercial recycling is not part of their assessment, and there is a State law
that says unless the governing bodies have adopted mandatory commercial recycling
ordinances, the County cannot put that fee on commercial properties, so it is an option that
they have and compared to what is out there now, single stream process will help them. Ms.
Coy said there is a reluctance to recycle by businesses, and it needs to be painless and
simple. Mr. Mehta said by early September the County should begin receiving carts and
begin delivering them.
15.075 H. Presentation by Alexis Thomas, Indian River County Environmental Specialist – New
Fertilizer Ordinances and Compliance
Alexis Thomas, IRC Stormwater Department, Stormwater Educator and Fertilizer Ordinance
Enforcement Officer, gave a Power Point presentation on the County’s and several
municipalities’ fertilizer ordinances and compliant fertilizers available in local stores (see PP
attached), and said there are educational bumper stickers on the back table. She briefly
went over the prohibitions and regulations of the ordinances, and reported that supplies of
compliant fertilizers have increased since last year locally.
Ms. Coy clarified that the City has an ordinance that is nearly the same as the County’s and
Ms. Thomas is an IRC County employee and her jurisdiction is not Sebastian and she did
not want Sebastian residents to mistakenly call Ms. Thomas, suggesting perhaps our City
Environmental Specialist, Michelle Stromburg, can work closely with Ms. Thomas. Ms.
Thomas said the fertilizer companies are really stepping up lately to stock compliant
fertilizers. Ms. Coy asked if we could post her presentation on Channel 25 and she agreed,
and suggested use of her video which runs on the County stormwater website.
I. Brief Announcements
4/10/15 – Chamber Concert in Riverview Park – SRHS Jazz Ensemble and Steel Drum Band – 5:30 pm to 8 pm
4/11/15 – Sebastian River Art Club in Riverview Park – 10 am to 4 pm
4/18/15 - Earth Day in Riverview Park Sponsored by Natural Resources Board - Community Paper Shredding
and Electronic Destruction Day in Riverview Park Parking Lot and Community Cleanup in Barber Street
Sports Complex and Schumann Park - 9 am to Noon all locations
4/25/15 – Relay for Life in Riverview Park – 11 am to 11 pm
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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 agenda items unless a member City Council so requests; in which event, the
item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent
agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the
meeting or by raising his/her hand to be recognized.
A. Approval of Minutes – March 25, 2015 Regular Meeting
15.076 B. Approve Craft Club Annual Shows 2015-2016 and Reduce Fees by 50% - 10/3/15,
11/14/15, 12/5/15, 12/6/15, 1/2/16, 2/6/16, 3/5/16, 3/6/16, 4/2/16, 5/7/16 with
raindates – 10 am to 3 pm (Transmittal, Permit Application)
15.040 C. Approve Resolution No. R-15-08 – FIND Waterway Assistance Grant Application for
Phase 2A Working Waterfront (Transmittal, Application, Site Plan, R-15-08)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, INDIAN RIVER
COUNTY, SUPPORTING THE CITY’S FIND GRANT APPLICATION SEEKING FUNDS TO
CONSTRUCT PHASE 2A OF THE WORKING WATERFRONT PROJECT AT FISHERMAN’S
LANDING SEBASTIAN, PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
15.064 D. Approve Change Order #1 to Timothy Rose Contract for Fleming Street
Reconstruction to Add Main Street Paving Between Fleming Street and South
Wimbrow Drive in the Amount of $82,966.40 (Transmittal, Quote)
15.077 E. Approved Purchase of Three Servers for MIS from Dell, Inc. Under Florida
Department of Management Services Contract # 250-WSCA-10-ACS in the Amount
of $34,949.43 from DST Funds (Transmittal, Dell Quote)
15.078 F. Award Bid/Contract for Drainage Ditch Cleaning to Florida Site Contracting in the
Amount of $182,044 and Authorize City Manager to Execute Contract (Transmittal,
Bid Summary List and Contract)
15.079 G. Purchase of Special Response Team Equipment with Law Enforcement Trust Fund
(forfeiture account) in the Amount of $12,087.16 in Accordance with FS 932.7055
(Transmittal, FS Sec. 932.7055, Quotes)
15.080 H. Approve Alcoholic Beverage for Wedding Anniversary Party at Yacht Club April 19,
2015 – 1 pm to 5 pm – Permittee DOB Verified (Transmittal, Rental Permit
Application, Receipt)
MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve.
Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0
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8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for City
committee member nominations and appointments under this heading.
Mr. Adams reported on the Treasure Coast Council of Local Government’s consent to take
action on support of the Indian River Lagoon Council resolution he brought to them as
requested by Mayor Gillmor, which they will do and deliver to the Indian River Lagoon
Council. He further reported on the bill in the current legislative session to remove
municipalities’ rights to use local preference for vendors, which has passed its first steps and
is moving forward, that FLC is opposed and that people can contact legislator to oppose HB
103 and SB 778.
Mayor Gillmor said he emailed Senator Altman with his opposition this morning, noting that
the State uses local preference.
9. PUBLIC HEARING (Quasi-Judicial)
15.058 A. Second Reading & Public Hearing for Ordinance No. O-15-05 – PUD-R Conceptual
Rezoning Sandcrest (Transmittal, Staff Reports, PZ Minutes, Applications, Additional
Renderings from Applicant)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING APPROXIMATELY 13.01
ACRES LOCATED SOUTHWEST OF THE INTERSECTION OF MAIN STREET POWERLINE ROAD
FROM RESIDENTIAL MEDIUM DENSITY (RM-8) AND SINGLE FAMILY RESIDENTIAL (RS-10) TO
PLANNED UNITY DEVELOPMENT RESIDENTIAL (PUD-R), IN ACCORDANCE WITH A
CONCEPTUAL DEVELOPMENT PLAN KNOWN AS SANDCREST SUBDIVISION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Gillmor opened the hearing 7:33 pm and the City Attorney read O-15-05 by title.
There was no ex-parted communication to disclose.
The City Clerk swore in all who intended to provide testimony.
Chuck Mechling, applicant for Sandcrest, gave a brief explanation of prior approvals,
approval of his new design for 64 single family units, noting under the leadership of the City
Manager, Mr. Watanabe, Jan King and Dorri Bosworth it has been a pleasure to work with
the City on this development, cited a Press Journal article about growth awakening and the
fact that we have a special community growing but we keep in mind that we grow with
grace, staff has embraced this and they have all worked together as a team to bring
something that fits well in this geographic spot for this community and in the end will be an
asset.
Marty??, 132 Easy Street, spoke on behalf of eight residents around Bob Circle, and all are
on board with this, love the new revision, have gotten to know Chuck and Karen and are
impressed, and they are excited to break ground and move forward.
The City Manager commented that two conditions that came to Council have been met, the
environmental study and concurrency analysis from School Board. Ms. King gave the staff
report noting the action is rezoning from RM-8 and a small portion of RS-10 to PUD-
Residential, and conceptual development plan which outlines the rules and regulations they
will have to comply with, though conceptual it is very detailed, that this process is to
negotiate the minimum sizes and setbacks, and to obtain some waivers noting some items
are straight up to being negotiated, but others have specific regulations in the Land
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Development Code. She said the applicant can ask for waivers from specific regulations and
the Council has authority to waive those regulations. She cited page 194 of the agenda
packet which sets out the parameters that the applicant is requesting for the subdivision and
those are the guidelines he will have to meet as he goes further down the road with the
preliminary plat and ultimately the final plat for the subdivision. In response to Mayor Gillmor,
Ms. King said this was approved unanimously by Planning and Zoning.
Mayor Gillmor called for those in favor to come forward and then those opposed and there
were no responses.
MOTION by Mr. Hill and SECOND by Mr. McPartlan to approve.
Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Gillmor Nays: None Passed: 5-0
10. UNFINISHED BUSINESS
15.081 A. Consider Response to City Manager Letter to Ed Dodd, PZ Chairman (Transmittal,
Letters)
The City Manager said at the March 11, 2015 meeting, Council asked him to send a letter to
Ed Dodd, Chairman of the Planning and Zoning Commission relating to a series of events
that occurred at the November 6, 2014 P&Z meeting, which he sent on March 12, 2015 and
then received a letter from Mr. Dodd in response, noting both letters are submitted for
Council’s consideration.
Mayor Gillmor said Mr. Dodd was here and asked him if he would like to come and say
something.
Mr. Dodd said he had a short statement to make, thanked Mayor Gillmor for his phone call
which gave him a lot to think about as he went through this process. He cited the two main
themes that stood out to him as being issues relating to the November 6th meeting, the first
being the pedophile issue that came out and was a focal point to a lot of people and used a
lot, was first brought out by the applicant when describing meetings with the Elks Club and
the Charter School and questions that came out at the school as to how they would be
protected against pedophiles, and their response that they would have background checks
to do that. He said the word pedophile became a catch phrase for the large group in the
audience at the hearing. He said there is no one on Planning and Zoning, including him that
believes that people who drive RVs have any more incidents of being bad people at all. He
cited language from the Declaration of Independence, “it is imperative on governments
which derive their just powers from the consent of the governed that should allow the
governed to speak at public hearings”, noting this was a public hearing and not quasi-
judicial, and the public was allowed to speak.
He then went on to the second issue, stating after being notified by the City Manager that he
had received a letter from Dr. Fischer he summarized three possible outcomes, 1) that he
would voluntarily resign, but was not willing to disregard his ten years of voluntary service to
the community in which felt he has done a good job; 2) that he write a letter to Dr. Fischer,
and that though truly sorry for using profanity which is not his nature, and in hindsight it
might have been best to call a recess at that point of the meeting, he said he has apologized
and will apologize again tonight for what he said to Dr. Fischer, but sees writing a letter to
Dr. Fischer as justification for Dr. Fischer approaching him. He said he is not able to do that
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it and is not within his code of ethics. He said option three is Council rescinding his position
on the Planning and Zoning Commission, fully understands that service on P&Z is at the
pleasure of the Council, and if it not their pleasure that he continue, he is okay with that.
Ms. Coy asked him to stay at the podium for a few questions, said she would preface her
comments with the fact that until that one meeting, this was not reflective of his ten years of
service and ability to run a meeting, but there was an incident that caused a lot of
consternation, and as chair even though people have a right to say things like pedophile, he,
as chair has a right to clarify and comment on it and there are ways to do that, citing how
Council handles it when someone from the public states something blatantly false, and said
that did not happen in this instance. She said we are here because Council asked you to
apologize to Dr. Fischer.
Mr. Dodd said again he was not here to discuss that issue and is not going to do that. He
said he was not willing to compromise his ethics because the five Council members asked
him to do that.
Ms. Coy said she was sorry to hear that because probably the hardest thing to do in life is to
say you are wrong and say I am sorry, but it is a sign of strength when you can admit you
made a mistake and right now the only thing you are admitting is that profanity was not a
good thing on TV.
Mayor Gillmor said in reviewing the meeting after that Mr. Dodd did apologize. Ms. Coy said
not to Doc Fischer, and Mayor Gillmor said he apologized to everyone in the audience. Ms.
Coy said Dr. Fischer was not in the audience. Mayor Gillmor said he was there and Mr.
Dodd said he was apologizing to everyone in the audience and to staff and everyone
watching TV.
Mr. Hill said with all due respect, Mr. Dodd just stood right there and said he will not
apologize to Dr. Fischer.
Mr. Dodd then approached the podium and Ms. Coy said to him that he left the podium
because he had nothing else to say and now he wants to come back. Mr. Dodd said he will
not write a letter of apology to Dr. Fischer.
Mr. Hill said this is unfortunate because he can’t discount ten years of good service, but
there were many grievous mistakes made, and this Council gave a directive to apologize for
that meeting and the chairman is refusing and thumbing his nose at the request of this body
and that is almost as egregious as what occurred at the meeting. He said this is about a
directive and his outright refusal to say he is sorry, and said he wouldn’t do that because it
would make what Dr. Fischer did alright. He said you can write a letter and this goes away,
but pride is getting in the way and disregard for this Council is just as egregious as what
occurred, that the disrespect and bullying that occurred at the meeting was unacceptable.
Ms. Coy said she agreed wholeheartedly and thought about this a lot, that being a Veteran
you have nothing more than your honor, and when you are embarrassed like that publicly it
is your honor period, it had nothing to do with money or the project, it had to do with the
person’s integrity and their honor, and when you are disrespectful and refuse to say I
shouldn’t have said that and I am sorry. She said there is something very personal about
this and we can’t have personal issues sitting up here. She said we all asked for this letter
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and we can’t have someone dismiss our directives because it is violates their sense of right
and wrong.
MOTION by Ms. Coy and SECOND by Mr. Hill to recommend his removal.
Mr. Adams said it is unfortunate this situation has come to what it is now and regardless of
what happened, we only know one side of the story and not what was said to Mr. Dodd, that
sometimes people fly off the handle, but believes Mr. Dodd has made amends and we have
more important things that we should be spending our time on and Mr. Dodd’s service to the
City should be considered before Council takes any action or makes any decisions.
Mr. McPartlan said he kind of agrees with Mr. Adams on some of his points, Mr. Dodd’s
service to the community and on Planning and Zoning, said he watched the November 6th
meeting over and over and there were a lot of things, like the crowd getting out of hand. He
reminded Council we will have the meeting on April 15th on committees, noting there are no
public input procedures on their agendas, there are two sides to every story, and questioned
could Mr. Dodd have run the meeting better - yes. He said we asked Mr. Dodd to send a
letter of apology, and we would have loved it if he just wrote the letter so it would all just go
away but he didn’t, though he came back here tonight and apologized for words that he said
again, but would not write the letter.
Ms. Coy responded he apologized for swearing on TV but not to the person.
Mr. McPartlan said he apologized for losing his cool, and the other aspect that he looks at is,
when you sit on this dais it is the same as you being a judge in a court of law and people
don’t approach this bench, so was that seen as a sign of disrespect.
Mayor Gillmor responded that was an excellent point, citing that this has happened before
Council, and when it did, he called a recess and had them removed, and we would not be
talking about this if it had not gone out on the airwaves. He said he told Mr. Dodd that he
has done things in the heat of the moment and felt strongly he was in the right, but it is best
if you do the apology in person and still thinks that was the right thing to do and told him
that, but he himself was not sitting up there and doesn’t know the other side of the story. He
said we are making mountain out of a molehill, and said again, if recess had been called
and the mike turned off we would not be here. He said Mr. Dodd apologized publicly to
everyone watching including Dr. Fischer. He said he wished he would have sent a note to
Dr. Fischer but did not want to lose a volunteer that has shown he can do a good job.
Mr. Hill responded that the mountain was made by the chairman for refusing a simple
request to write an apology.
Chuck Mechling said he did not know Mr. Dodd except though his appearance before
Planning and Zoning and that he handled the meeting with extreme professionalism and felt
if he didn’t share that with Council he would be remiss, understands that Council needs to
make decisions and give direction and that there is a relationship with volunteer staff, but
sometimes at these meetings the crowd may have bad information and the dynamic
becomes almost beyond control and is a challenge to chair. He reiterated that when he went
before Planning and Zoning, Mr. Dodd conducted a meeting that was top notch and
professional.
Roll Call: Ayes: Coy, Hill Nays: McPartlan, Gillmor, Adams Failed: 2-3
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Regular City Council Meeting
April 8, 2015
Page Nine
Ms. Coy apologized to Dr. Fischer herself for the comments directed at him personally, hope
it never happens to anyone again, Mr. Dodd has given us assurance it won’t happen again,
noted she has had her ups and downs and is not in Dr. Fischer’s pocket.
11. PUBLIC INPUT - None
12. NEW BUSINESS - None
13. CITY ATTORNEY MATTERS - None
14. CITY MANAGER MATTERS
The City Manager said we got great press last week about the Fisherman’s Landing exhibit
done by Ruth Stanbridge and Wilma Bertling; reported that staff was negotiating a contract
with Kimley-Horne on the seawall assessment and would come back with a contract on April
22, 2015; reminded everyone about the April 18 Earth Day and recycling events and the
April 15th City Council workshop with its Boards and Committees.
15. CITY CLERK MATTERS - None
16. CITY COUNCIL MATTERS
A. Council Member McPartlan
Mr. McPartlan reported on the Devereaux breakfast to take place at the Unity Church of
Vero Beach on April 25th at 8:30 pm to promote the need for Foster families.
B. Mayor Gillmor
Mayor Gillmor reported that he and the City Manager had attended the Vero Beach City
Council meeting on the Indian River Lagoon Coalition agreement to join the IR Lagoon
Council and there is good response, the City Attorney is fine-tuning the agreement, on April
23rd they will attend the Indian River Shores meeting to speak to them, and for the April 17th
Indian River Lagoon Council meeting, they may put an item on to possibly talk about offering
the coalition a seat. He also reported on Treasure Coast Regional League of Cities mini
grants for school civics lessons, and that the Sebastian Charter Junior High School will visit
City Hall on April 22nd and conduct a mock meeting, stating he hopes members of Council
can come by to give them a pep talk, and that Storm Grover Middle School will do the same
at a later date. He said they will debate an issue like making uniforms mandatory.
C. Vice Mayor Adams – None
D. Council Member Coy - None
E. Council Member Hill - None
17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 8:14 p.m.
Approved at the ___________________________, Regular Meeting.
By: __________________________________
Richard H. Gillmor, Mayor
__________________________________
Sally A. Maio, MMC - City Clerk
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