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Home My WebLink About08242005 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 24, 2005 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the regular meeting to order at 7:00 p.m. 2. Mayor McCollum led the Pledge of Allegiance. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams MIS Systems Analyst, Barbara Brooke Airport Director, Jason Milewski Growth Management Manager, Jan King Zoning Technician, Dorri Bosworth Public Works Director, Terry Hill Regular City Council Meeting August 24, 2005 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS ANDIOR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-05-26) The City Manager requested 12H regarding insurance be moved to 12A1. On MOTION by Ms. Coy and SECOND by Mr. Burkeen the item was moved as requested on a voice vote of 5-0. 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS 05.168 A. Certificate of Appreciation to Marsha Fusco for Tree Board Service Ms. Fusco was not present. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There wiil be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. 1-11 A. Approval of Minutes - Regular Meeting 8110105 13-21 B. Approval of Minutes - Workshop Meeting 8116105 23-25 C. Waive Sealed Bid Procedures and Award Contract to Curt Oxford Woodcarver, Inc. in the Amount of $13,000 for Friendship Park and Police Department Signs (City Manager Transmittal 8117105, Quote) On a MOTION by Ms. Monier and SECOND by Neglia items A-C were approved on a roll call vote of 5-0. 8. COMMITTEE REPORTSIRECOMMENDATIONS - none. 9. PUBLIC HEARING 05.055 27-48 A. Quasi-Judicial Public Hearing - Resolution No. R-05-27 Approving a Preliminary Plat for Turtle Grove Subdivision - Continued from July 13, 2005 (GMD Transmittal, Plans, R-05-27, Map, Report, Application, Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS TURTLE GROVE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Press JoumaI8/13/05 2 Regular City Council Meeting August 24, 2005 Page Three The City Attorney noted the revised resolution and plat included a new seal date; 40' setback from the flood plain; improvements to Laconia Street; type A opaque buffer with one canopy tree every 35'; tortoise provisions; and gate provisions. He also noted that St. Johns will not process the application until the developer has final approval from Council. Because concerned parties were previously sworn in at the July meeting, no parties took the oath at this time. There was no additional ex-parte communication to be disclosed. Joe Schulke, Schulke, Bittle & Stoddard, LLC, representing Wayne Kozlowski, distributed new materials to City Council (see attached), which were sections of the new plat, exhibited the sections on the screen, and explained them to Council. Ms. Coy read the City Attorney's language as set out in the resolution relative to gopher tortoise relocation, and requested that this be included as written on the plat. John Miklos, Biotech Engineering, explained the method of identifying and determining numbers of gopher tortoises on site, testing for illness and relocation. It was noted that Steve Lau from the Florida Fish and Wildlife Conservation would participate in the relocation. Ms. Coy was excused from 7:25 p.m. to 7:33 p.m. The City Attorney explained because of the canopy of oak trees, only one every 35' would be ideal. It was noted that this development did not meet the threshold for a traffic study. Mayor McCollum said he thought a gated community in this part of Sebastian was not compatible. The City Attorney said the cleanest way to prohibit gates is for Council to accept the roads as public roads. 3 Regular City Council Meeting August 24, 2005 Page Four Mr. Burkeen said he agreed that a gated community would take away from the area, said he had received numerous phone calls about the two-Ianing of Laconia, he said people want to retain Laconia as one-way but allow them to two-lane to their entrance. He said he appreciated the buffer on Laconia. John Krasewski, 1699 Whitmore Street, Sebastian, said he is impressed with the subdivision, and knows and admires Mr. Schulke. He said he listened to staff presentations and that Planning and Zoning approved this by unanimous vote. He said he was disturbed at some comments made by Council about not needing gated communities, and said there had been no adjacent property owners who objected the project at any meetings regarding this issue. Bruce Barkett, Attorney, representing Mr. Kozlowski cited recommendations set out in the staff report included in the agenda packet, which state that all proposals are consistent with City code. He noted there is no published criteria prohibiting gated communities, therefore Council does not have the ability to deny the request based on the gate, asked that Council apply the rules consistently, and noted there are other gated developments in the City. Louise Kautenberg, Sebastian, asked why Council would not allow this private citizen to use his private property in a way allowed by law given recent eminent domain considerations. Eugene Wolf, 757 Wimbrow Drive, stated the Mayor and Vice Mayor live near this property on Laconia Street, and citizens are seeing an alternative agenda by these members. He said Laconia logically needs to be widened and used as a north south route rather than narrowed as recommended by them. He suggested the Mayor and Vice Mayor recuse themselves from this project. Mr. Schulke said he had no response to any concerns. Bruce Barkett stated he hoped the Mayor and Vice-Mayor would not recuse themselves and asked for the record, to name some recently approved gated communities. The Zoning Technician cited the following subdivisions that have been approved with gates: River Oaks Preserve, Cross Creek Phase I, Ashbury, Sebastian River Landings Phase I & II, Sebastian Crossings and Collier Club. 4 Regular City Council Meeting August 24,2005 Page Five Mr. Neglia said Council has never said it would deny the project if it was gated. Ms. Monier asked if the gates can be designed so that a pedestrian can walk through the community. Bruce Barkett, said the applicant told him that could be done. In response to Mr. Wolf, the City Attorney cited Florida law and asked the following question: "Do you feel denial or approval of this will result in a direct and special pecuniary advantage or disadvantage to you." Mayor McCollum and Vice Mayor Burkeen said they had no reason to recuse themselves. The City Attorney added "in conflict herewith specifically R-03-54" in the conflict provision; and cited LDC code allowing the City to own the street and provide the maintenance. Mayor McCollum stated the applicant previously said the gates did not need to be there, that Mr. Wolf has not attended an MPO meeting, and that there are environmental concerns about Laconia extension, and asked Mr. Wolf to be accurate with what he says if he is going to quote him. Side II, Tape 1,8:01 pm Vice Mayor Burkeen said he never voted for gated communities and does not like them. He said his phone does ring and people do object to this development, and will vote not to two-lane Laconia Street. Ms. Coy apologized for leaving, stated publicly that she did not approve any of the annexations last year. does not like gates, but is more concerned for environmental issues and was pleased with the changes that have been made. She expressed her appreciation to Mr. Schulke for working with the City. Mr. Neglia said he did not like gated communities but can go either way. He said people don't mind gated communities along major thoroughfares but not within the other residential areas. 5 Regular City Council Meeting August24,2005 Page Six Ms. Monier said it is not her job to sit here and express personal feelings, appreciated that the applicant would open up the roads to pedestrians, and said she could not ask taxpayers to pay for roads that they don't need to pay for. Mayor McCollum said the City pays for removal of debris out of gated communities. Ms. Monier said in a disaster she hopes citizens all stick together in an emergency and emergency issues should not be brought up. On MOTION by Ms. Monier, and SECOND by Mr. Neglia, Council approved Resolution No. R-05-27 with the addition of oak trees, putting R-03-54 in the conflict provision; the gates be opened to pedestrians, change wording on plat to match the resolution in section C. Mr. Burkeen asked to add language to allow two way to their entrance and then leave the rest of Laconia one-way, however the request was not added to the motion. The roll call vote was 3-2. (McCollum, Burkeen-nay) 05.016 49-75 B. Second Readinq and Final Adoption - Ordinance No. 0-05-04 - Petition for Voluntary Annexation - 25.55 Acre Addition to Cross Creek Subdivision (GMD Transmittal 8117105,0-05-04, Letter, Maps, Minutes, Aqreement, FS) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLlNE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION PHASE II; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-05-04 by title and Mayor McCollum opened the public hearing at 8:27 p.m. The Growth Management Manager presented staff recommendation for approval. Attorney Warren Dill, representing applicant, Henry Fischer, addressed Council recommending approval of the annexation. Mayor McCollum closed the hearing at 8:30 p.m. 6 Regular City Council Meeting August24,2005 Page Seven In response to Mr. Neglia, Bruce Moia, MVB Engineering, Inc., engineer for the applicant, stated Powerline Road would be paved to County standards. The City Attorney said the County would take ownership of the road after all eminent domain proceedings are finished. On MOTION by Ms. Monier and SECOND by Mr. Burkeen Ordinance No. 0-05-04 was adopted on a roll call vote of 3-2 (Neglia, Coy - nay) 05.016 77-122 C. Second Readinq and Final Adoption - Ordinance No. 0-05-05 Land Use Amendment - 25.5-Acre Addition to the Recentlv Annexed Cross Creek Subdivision (GMD Transmittal 8117105, 0-05-05, Map, Reports. Response, Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LOR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 25 ACRES, MORE OR LESS, LOCATED WEST AND ADJACENT TO CROSS CREEK LAKE ESTATES ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. 0-05-05 by title and Mayor McCollum opened the public hearing at 8:40 p.m. The Growth Management Manager said previous Council concerns of the DCA report have been addressed by Project Engineer, Mr. Moia, which were included in the agenda packet. Mr. Dill pointed out that this project was submitted to DCA with two other 40-acre projects which have since dropped out and the 25 acres is of little impact. Mayor McCollum closed the hearing at 8:42 p.m. Mr. Burkeen asked if the DEP letter on circle page 94 only applied to Cypress Bend and the City Attorney replied it did. In response to Ms. Coy, the Zoning Technician said the County sets the water service areas and Mr. Moia confirmed the County has no plans for water expansion in this area. 7 Regular City Council Meeting August 24, 2005 Page Eight Mr. Neglia asked about DOT concerns and Mr. Moia stated the link analysis indicates these roads will handle the full capacity. On MOTION by Ms. Monier, and SECOND by Mr. Burkeen, Ordinance No. 0-05-05 was approved on a roll call vote of 3-2 (Neglia, Coy - nay) 05.016 127-144 D. Second Readinq and Final Adoption - Ordinance No. 0-05-06 - Rezoninq Request from Aqriculture (A-1) to RS-10 for a Proposed 25.55 Acre Addition to Cross Creek Subdivision (GMD Transmittal 8/17/05. Report, Minutes. Recommendation, Map, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS-10) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE ( R) FOR LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLlNE ROAD SOUTH OF BARBER STREET AND KNOWN AS CROSS CREEK SUBDIVISION PHASE II, PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read Ordinance No. 0-05-06 by title and Mayor McCollum opened the hearing at 8:52 p.m. There was no ex-parte communications to be disclosed. City Clerk swore in all who intended to offer factual testimony. Attorney Warren Dill addressed City Council on behalf of the applicant. In response to traffic and infrastructure concerns, Mr. Moia said 5 units per acre could be placed on this land but the applicant plans less than two units per acre. The Growth Management Manager described the development and recommended approval. Discussion took place on proposed lot sizes and height limitations. Being no one in favor or opposed, Mayor McCollum closed the hearing at 9:00 p.m. On MOTION by Ms. Monier and SECOND by Mr. Burkeen Ordinance No. 0-05-06 was adopted on a roll call vote of 4-1 (Neglia - nay) 8 Regular City Council Meeting August 24. 2005 Page Nine 05.005 145-147 E. Second Readinq and Final Adoption - Ordinance No. 0-05-16- Stormwater Utility Amendment (City Manaqer Transmittal 8116105. 0-05- lID AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 102-127 STORMWATER UTILITY TRUST FUND; USE OF FUNDS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Press Joumal8/12/05 The City Attorney read the Ordinance by title and Mayor McCollum opened the public hearing at 9:03 p.m. There was no input, and the hearing was closed. On MOTION by Ms. Coy and SECOND by Mr. Burkeen, Ordinance No. 0-05-17 was adopted on a roll call vote of 5-0. 05.159 149-151 F. Second Readinq and Final Adoption - Ordinance No. 0-05-17 - Declaration of a Public Need for Land Exchanqe at 1302 Indian River Drive Adiacent to Main Street Boat Ramp (City Manaqer Transmittal 8116105, 0-05-17) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A PUBLIC NEED FOR A LAND SWAP AT MAIN STREET BOAT RAMP; AUTHORIZING EXCHANGE OF SAID LANDS; PROVIDING FOR AN EFFECTIVE DATE. Press Joumal8/12/05 The City Attorney read the Ordinance by title and Mayor McCollum opened the public hearing at 9:05 pm. There was no input, and the hearing was closed. On MOTION by Ms. Coy and SECOND by Ms. Monier, Ordinance No. 0-05-17 was adopted on a roll call vote of 5-0. 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda Louise Kautenberg, read today's newspaper articles and reported on her concerns about high housing prices, high taxes and the inability of average workers to be able to purchase homes in Sebastian. She said every time Council says no to a project, it tweaks the law of supply and demand, and acts politically Sidell, Tape I by limiting development when it should act in the best interest of all of the people, the cost of homes rise. She said strip malls within housing areas do not help the situation. She stated affordable housing, good employment, a healthy economy and a healthy community is needed to complete the circle of life and without one the circle will fail. 9 Regular City Council Meeting August 24, 2005 Page Ten 11. OLD BUSINESS None. 12. NEW BUSINESS 05.175 A.1 (H) Authorize the Award of Employee Group Health and Dental Contract 239-260 Insurance to Blue Cross and Blue Shield of Florida: Authorize the Renewal of Employee Vision Coveraqe to Vision Care Plan: Authorize the Renewal of Employee Life and Lonq-Term Disability Insurance throuqh Jefferson Pilot Financial (HR Transmittal 8116105, Recommendations) The Human Resources Director introduced Kris Gehring and Christian Bergstrom of the Gehring Group, the City's Agent of Record. Mr. Gehring noted additional information, which had been provided (on file in Office of City Clerk), and presented a Power Point presentation, and recommended switching to the Blue Cross Blue Shield Blue Option plan. The City Manager explained that the $331,000 savings is from the current plan and $550,000 is from the budgeted level. On MOTION by Ms. Monier, and SECOND by Mr. Neglia Council authorized the Blue Cross/Blue Shield of Florida and renewed the group health and dental contract for vision through Vision Care Plan and Long Term Disability Insurance through Jefferson Pilot Financial with an increase capped at $1 ,800 annual to Jefferson Pilot Financial for Life Insurance on a roll call vote of 5-0. 05.032 153-157 A. Developer's Aqreement - AshburvlPowerline Road (City Attorney Transmittal 8/16105) The City Attorney described the developer's agreement and stated this does have written language whereby approval of Clark to the escrow agent authorizes disbursement of payment which could be changed to 'upon written instructions both parties and if there is a conflict, the monies is deposited with the court' if Council deemed fit. 10 Regular City Council Meeting August 24, 2005 Page Eleven Ms. Coy said she had reviewed the tape of the June 2nd, 2004 meeting, and she heard 50% of the unpaved portion, and 15% of the remainder of the road. She then asked if the cost of the road had been updated. She asked that the issue be tabled to allow Council to watch the video and make sure the agreement is as stated and that costs are upgraded. On MOTION by Ms. Coy and SECOND by Mr. Burkeen the item was tabled until staff at its discretion can ascertain that these issues can be resolved on a voice vote of 4-1. (Monier -nay) 05.169 159-167 B. Drainaqe Easement for Publix at CR51 0 and Sebastian Blvd. (City Attorney Transmittal 8/16105) The City Attorney said he was concerned about private use of public right- of-way, and had brought it to Council since it is only in Council's authority to approve use of public right-of-way. Bruce Moia, engineer for the applicant stated the design provides for upgraded drainage and an increased buffer. Timothy Jelus, 1682 West Hibiscus Blvd., Melbourne, Florida, said he had asked for an upgraded rear buffer to screen the back of the Publix from his residential development to the north; and he has no objection to the proposed Publix. He said he had no problem with putting it in writing however he asked that his appearance requesting buffer for the residents act as the record. The City Attorney asked Mr. Jelus to state that Forte Macaulay would not sue the City for allowing this drainage in the right-of- way. Mr. Jelus agreed and added as an owner of Sebastian River Landings, LLC, they would not sue either. The City Attorney said the legal and utility plan have to be attached to the agreement. He defined "good faith" that even in a judgment call the City has the legal right to use the easement. Ms. Coy said she had a problem in giving up easements because Council has not been doing that. She asked if the City did take it back where would the drainage go. The City Attorney said even without the easement they could meet their drainage requirements however this plan would further protect run-off to the Sebastian River. 11 Regular City Council Meeting August 24, 2005 Page Twelve On MOTION by Mr. Neglia and SECOND by Ms. Monier the easement request was approved on a roll call vote of 5-0. 05.170 16g.192 C. Resolution No. R-05-30 Authorizinq Staff to Execute a Grant Aqreement between the City of Sebastian and Florida Department of Transportation Entitled "Install Airfield Siqnaqe and Liqhtinq" in the Amount of $30,000 (Airport Transmittal 8115105, R-05-30, Aqreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR AIRFIELD SIGNAGE AND LIGHTING; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. It was noted that the amount in the title above should be $300,000. The Airport Director presented the request assuring Council that the project would still have to be bid, and stating airport contingency is over $100,000. The City Manager said $102,000. On MOTION by Mr. Burkeen and SECOND by Ms. Coy R-05-30 was adopted on a roll call vote of 5-0. 05.171 193-216 D. Resolution No. R-05-31 Authorizinq Staff to Execute a Grant Aqreement between the City of Sebastian and Florida Department of Transportation "Construct Hanqars" in the Amount of $625,000 (Airport Transmittal 8/15105, R-05-31, Aqreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO CONSTRUCT HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The Airport Director presented the request and cited the high demand for hangars. He said he will be coming back with a proposal for a public/ private partnership; and that this is to simply accept the grant at this time. On MOTION by Mr. Neglia and SECOND by Mr. Burkeen R-05-31 was adopted on a roll call vote of 5-0. 12 Regular City Council Meeting August 24, 2005 Page Thirteen 05.172 217-231 E. Authorize Special Event - T-N-T Events Arts & Crafts Show at Riverview Park on Februarv 11 & 12, 2006 with Set-up on Februarv 10, 2006 (PW Transmittal 8/16/05, Application, Insurance Certificate, Info) Tina Branford said she was from Ocala and has only been in business on the East Coast for two years. Ms. Monier said since the City has finally established a successful art show after several years, and because each weekend there are art or craft show, there might be too many with this one. She recommended approval only if it is a charitable organization occurring during the period of November through April and it is something that is different than what the City already has, otherwise Ms. Branford should wait until after April. Mayor McCollum echoed her thoughts and said Council does not typically approve for-profit events. The City Manager said if Council is inclined to deny the request, then he asked that staff rearrange the event appropriately. Discussion took place on the need to revise provisions of park use and fees and it was noted there is a draft revision, which can be reviewed and brought back to Council. Side 1/, Tape 1/, 10:10 pm On MOTION by Ms. Monier and SECOND by Mr. Neglia the request was denied on a roll call vote of 5-0. 05.173 233-235 F. Authorize Special Event - KIRB Fall Craft Festival at Riverview Park on September 10 & 11, 2005 from 10 am to 5 pm (PW Transmittal 8112106, Application) Sherri Hamlin, Executive Director of KIRB, presented the request for KIRB. Ms. Monier said if KIRB organized this event instead of a broker, it could make more money, and would prevent organizations from profiting from the low rental cost of the Park. Mayor McCollum said if there is something planned for the September 11, 2005 memorial he asked that the event would stop during the memorial. 13 Regular City Council Meeting August24,2005 Page Fourteen Ms. Coy said there are other areas that can be used for a memorial such as the VFW. On MOTION by Ms. Monier and SECOND by Ms. Coy the KIRB Fall Craft Festival was approved on a roll call vote of 5-0. 05.174 237- 238 G. Authorize the Award of Workers' Compensation Insurance Contract (Option 1) to Florida Municipal Insurance Trust for One Year at a Premium of $238,554.00 (HR Transmittal 8116105, Exhibit A) The Human Resources Director presented the request. On MOTION by Mr. Burkeen and SECOND by Ms. Coy, the workers' compensation insurance contract (option 1) to Florida Municipal Insurance Trust was approved for one year term on a roll call vote of 5-0. 05.176 261-265 I. Waive Sealed Bid Procedures and Authorize the Appropriation of $7,774.00 from the Discretionarv Sales Tax Fund for the Purchase of Video Mixer from Troxell Communications, Inc. for Sebastian Channel 25 Broadcastinq (Finance/MIS Transmittal 8117105, Quotes) The City Manager said there is discretionary sales tax money available. On MOTION by Ms. Coy and SECOND by Ms. Monier the appropriation and purchase was approved on a roll call vote of 5-0. 13. CITY ATTORNEY MATTERS The City Attorney reported that the revision of the tree and landscape language would be delayed due to additional input. 14. CITY MANAGER MATTERS None. 15. CITY CLERK MATTERS 05.179 267-268 A. Early Votinq for March Election On MOTION by Ms. Monier and SECOND by Ms. Coy Council decided to have early voting in March 2006 on a voice vote of 5-0. 14 Regular City Council Meeting August 24, 2005 Page Fifteen 16. CITY COUNCIL MATTERS A. Mayor McCollum None. B. Mr. Burkeen None. C. Ms. COy Reported the packet to nominate Sally Maio for Clerk of the Year went out the Florida League of Cities yesterday. Ms. Coy said there are people in the audience who wrote a letter to Council regarding Ms. Coy's actions on their watering inappropriately and invited them to speak. The woman who sent the letter read it into the record (see attached). On MOTION by Ms. Coy and SECOND by Mr. Neglia, the meeting was extended for five minutes on a voice vote of 5-0. In response to Ms. Coy, the City Attorney cited section 102-81, "However air conditioning systems utilizing water source heat pumps shall be permitted to utilize the discharge water of said system for irrigation purposes at any time notwithstanding any provision of this article to the contrary." Ms. Coy expressed concern for runoff into the street. D. Ms. Monier None. E. Mr. Neolia None. 17. Being no further business, the regular meeting adjourned at 10:36 p.m. ~ 15 1.~.>>' Ii' I, F ~: , I /~ I . 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