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HomeMy WebLinkAbout03282007any __... _ - HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 28, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Father Morrissey gave the invocation. 4. The Civility Pledge was recited. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff 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, Joe Griffin Building Director, Wayne Eseltine City Engineer, David Fisher Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King MIS Director, Frank Losardo Police Chief, Jim Davis Police Lieutenant, Michelle Morris Public Works Administrative Supervisor, Linda Kinchen Stormwater Superintendent, Tim Walker Parks Supervisor, Chris McCarthy Regular City Council Meeting March 28, 2007 Page Two 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS Items not on the written agenda maybe added only upon a unanimous vote of City Council members (R-05-26) Mayor Coy requested that Florida Green Building Initiative be added to the agenda and it was added under New Business item #12 D on a voice vote 5-0. Mayor Coy also requested that the Treasure Coast Regional Planning Council issue be placed under Unfinished Business and it was added as item #11 C on a voice vote of 5-0. 7. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 07.064 A. Proclamation for Doris Tropf. President of MADD 1 Mayor Coy read and presented a proclamation to Mrs. Tropf. 07.065 B. Certificate of Appreciation - Rappy Perez for Police Pension Board Service Mayor Coy read and presented a certificate of appreciation to Mr. Perez. 07.066 C. Presentation -Historic Roadway Designation -Harry Tannor (Memo 3-7 Harry Tannor presented a request to give historic designation to portions of Old Dixie Highway as described in his submittal set out in the agenda packet. He said former County Commissioner Ruth Stanbridge has offered her assistance in the matter. The City Attorney said calling the road historical would not be a problem however, keeping it in its present state may be. Mr. Tannor responded history is not a land use issue. The City Attorney said it can be designated historic but if you attempt to keep it in its natural state, there are tracts that would have no other access; and explained concurrency management issues. Ms. Simchick said the City can recognize the road as historical and Mr. Tannor will take the next steps. She noted the Historical Society has designated it historic. Mr. Paternoster suggested the City Attorney come back with legal ramifications of the issue before a decision is made by Council. Mayor Coy agreed that before Council can vote on it, she would need to know the full ramifications involved. It was the consensus of Council to direct the City Attorney to bring back a report to a future agenda. 2 Regular City Council Meeting March 28, 2007 Page Two 07.016 D. Presentation -Citizen Update Regarding Ocean Concrete -Rex Nelson (no backup) Kelly Mather, South Fischer Circle, Sebastian, representing a citizens' group, presented information objecting to the proposed Ocean Concrete plant. He displayed a map showing its location adjacent to City limits and its detriment to the community; and questioned how a concrete plant could be considered light industrial. Rex Nelson, 710 Fischer Circle, Sebastian, www.sebastianconcernedcitizens.com, said public support has been overwhelming and gave a status report on the citizen group efforts, citing assistance by several members of City Council in their effort, as well as that of Commissioner Flescher. He said County staff is working on an amendment to the County Code to prohibit concrete plants in light industrial and that there has been an effort to consider a legal precedent to disallow this plant because it will not be affected by the proposed change. He thanked everyone on the dais for their support and asked individuals to continue their letter writing campaign. 8. 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 of 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. s-21 A. Approval of Minutes - 3/14/07 Regular Meeting 23-25 B. Approval of Minutes - 3/19/07 Special Meeting 07.067 C. Approval for New Council Members Registration and Travel to Institute for 27-30 Elected Municipal Officials -Tampa, June 8-10, 2007 or Ft. Lauderdale October 19-21, 2007 (City Clerk Transmittal 3/20/07, Info) 07.068 D. Authorize Florida Fish and Wildlife Conservation Commission, Division of Law 31-40 Enforcement to use Riverview Park South as a Staging Area for Boat Testing on June 5 & 6, 2007 (Parks Transmittal, Sketch, Application, Letters) 07.069 E. Authorize the Expenditure of $85,103.75 to Communications International, Inc. for 41-44 Purchase of Dispatch Radio Console, Backup Radio and Related Equipment and Services for Police Department Dispatch Center (PD Transmittal, Quote) Mr. Neglia removed item D. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, consent agenda items A, B, C and E were approved on a roll call vote of 5-0. 3 Regular City Council Meeting March 28, 2007 Page Four Item D Mr. Neglia asked about the use of the ramp and the City Manager responded that the Commission will coordinate the testing around citizens using the ramp. On MOTION by Mr. Neglia, and SECOND by Ms. Simchick, item D was approved on a voice vote of 5-0. 9. COMMITTEE REPORTS/RECOMMENDATIONS 07.070 A. Citizen Budget Review Advisory Committee 45-48 i. Update Council on Appointment Procedures (City Clerk Transmittal, Information, List) The City Clerk advised that this item was for information purposes only and that the appointment process will take place on April 11th. She said that her staff was running an ad for the at-large positions, and Council could use those applications for their appointee if they had no one else in mind. 07.071 B. Temporary Environmental Advisory Committee i. Update on Earth Day 2007 Plans (no backup) Trish Adams, Environmental Advisory Committee Chairperson, updated Council on planned Earth Day activities for April 21, 2007 from 10 am to 3 pm. She listed participants and sponsors who have offered assistance for the event. 10. PUBLIC HEARING 06.192 A. Ordinance No. 0-07-01 -Petition for Voluntary Annexation by Vero Mini Storage, 49-56 LLC fora 3.87 Acre Parcel of Land Located at 9707 US (GMD Transmittal, 0-07-01, Letter, Map, FS171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Coy opened the hearing at 7:55 p.m., the City Attorney read Ordinance No. 0-07-01 by title, and advised that this item and the next item are legislative but the rezoning isquasi-judicial. The Growth Management Manager presented staff recommendation to approve the 3.87 acre parcel as set out in the agenda packet staff report. Mr. Wolff said he cannot support this at this time, voicing a protest that the City's Land Development Code needs to be updated and asked how long the City is going to cut into U.S. 1 and eventually mirror communities to the south of the City. 4 Regular City Council Meeting March 28, 2007 Page Five Mayor Coy closed the hearing at 8:00 p.m. On MOTION by Mr. Neglia, and SECOND by Ms. Coy, Ordinance No. 0-07-01 was adopted on a roll call vote of 3-2 (Wolff, Paternoster -nay). 06.192 B. Ordinance No. 0-07-02 -Land Use Amendment fora 3.87 Acre Parcel of Land 57-76 Located at 9707 US 1 (GMD Transmittal, 0-07-02, Map, Report, Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF GENERAL COMMERCIAL FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAL INDUSTRIAL (C/I) FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, SITUATED NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. 0-07-02 by title, and noted for the record that when land use comes in, it keeps the same characteristics as the County and the project is commercial industrial which is closest to the City's commercial general and historically the City coordinates land use with annexation. The Growth Management Manager presented staff recommendation as set out in the agenda packet to approve based on its consistency with adjacent properties. In response to Mr. Wolff, as to additional properties owned by the applicant and what the motivation would be to annex this property into the City other than police protection, the Growth Management Manager and Director cited discussions with the property owner regarding another property to the west of Publix which may be developed at a later date and compatibility issues. The City Attorney responded that if the applicant already has a property in the City it would make sense to bring in the other piece. Mr. Wolff noted this was an attorney's response. Charles Block, property owner, responded to Mr. Wolff's inquiry and said the intent is that the requirements are slightly different between County and City development provisions and he wanted to be consistent with adjacent parcels. He said the other parcel is under a different type of zoning for trades, said he will pay more taxes if annexed, but his land uses will be consistent with the City of Sebastian, and there is no hidden agenda. Dale Simchick asked if a traffic study would be done and the Growth Management Manager confirmed this. Ms. Simchick asked if it is rezoned commercial general, would it be difficult to be rezoned again to commercial considered. Ms. Simchick said the `considered category' ups the characteristics of the building. The City Clerk inquired whether the meeting was getting into the area of rezoning which is quasi-judicial and if so, she pointed out individuals offering testimony should be sworn. 5 Regular City Council Meeting March 28, 2007 Page Six The City Attorney advised that this be done at this time. Growth Management staff and Charles Block were sworn at this time. Staff replied the City has commercial general, commercial limited and commercial riverfront and general fits the project the best. Ms. Simchick asked about increasing the conditional uses and the Growth Management Director stated conditional use is `commercial retail higher than 20,000 sq. feet'. Ms. Simchick asked if Council would review a change at that point. The Growth Management Manager said there will be two public hearings for such a change. Mayor Coy opened the public hearing at 8:22 p.m. No one from the public requested to speak. The Growth Management Manager recommended approval for both the land use and rezoning ordinances. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, Ordinance No. 0-07-02 was adopted to include the land use designation as commercial general on a roll call vote of 5-0. Ms. Coy called recess at 8:24 p.m. and reconvened the meeting at 8:39 p.m. All members were present. 06.192 C. Ordinance No. 0-07-03 -Zoning Amendment fora 3.87 Acre Parcel of Land ~~-s4 Located at 9707 US 1 (Quasi-Judicial) (GMD Transmittal, 0-07-03, Map, Report, Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS GENERAL COMMERCIAL (CG) FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, SITUATED NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Coy opened the public hearing at 8:25 p.m. and the City Attorney read Ordinance No. 0-07-03 by title. There was no ex-parte communication to be disclosed by Council members. Individuals offering testimony were sworn during the previous item. Charles Block reiterated his request for rezoning with intent to do a strip center though there is nothing in writing at this time. In response to the City Attorney, Mr. Block stated his previous testimony should be taken as part of this presentation. In response to the City Attorney, Growth Management staff agreed their previous statements should also be part of this presentation's hearing. 6 Regular City Council Meeting March 28, 2007 Page Seven No one from the public requested to be heard in favor or opposition. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, Ordinance No. 0-07-03 was adopted on a roll call vote of 5-0. 11. UNFINISHED BUSINESS 06.114 A. Discuss 2"d Draft Ordinance No. 0-07-06 -Overgrown Lots (City Attorney 95-98 Transmittal, 0-07-06) The City Attorney explained the second draft revisions. In response to Mr. Paternoster, the City Attorney said in nuisance law there have to be judgment calls; and the determination would be made by Code Enforcement personnel. Mr. Paternoster reported that atwenty-foot wide by ninety-foot long path was cleared at the Shakespeare Street site which was a recent subject of discussion and asked if a permit was required. Mayor Coy asked the City Manager to look into it and City Council concurred. The City Attorney advised that this was not a first reading, but if Council concurred with this language he would send it to Fish and Wildlife for their input. Ms. Simchick gave an example of three vacant lots with the middle being manicured. She asked how the middle lot could be held to the same standard. The City Attorney said this ordinance addresses impacts to the adjoining property and a sodded, improved lot would fall under the grass mowing ordinance. Mr. Wolff said this ordinance does not offer much protection to vacant lot owners and gives carte blanche to the owner of improved properties; and it is unfortunate the City could not have found another way to resolve the issue. Mayor Coy said what is being proposed is to let Code Enforcement give an individual the opportunity to fix the problem; and cited a situation in which damage was done to an improved lot and the adjacent vacant lot owner decided to do nothing. Louise Kautenberg, Sebastian, asked if this situation wasn't already covered under the nuisance law, and if so, why pass a law that opens a door that doesn't need to be opened. The City Attorney said if there is obvious damage being done, there is probably something that could be done under current conditions, though it would be a short term fix, but there is no language as to how it would be handled. Nancy Paternoster said it is disheartening to see these lots being used for trash. 7 Regular City Council Meeting March 28, 2007 Page Eight Joe Scozzari approached the podium and Mayor Coy cautioned Mr. Scozzari that since she is on notice of a lawsuit by him and his wife-she interjected that he can look disgusted all he wanted to which he replied that she disgusted him. At that point she asked him to sit down. Mr. Scozzari stated he observed the Mayor had a problem with people who want to speak but not say good things. She gave him his first warning and asked him to sit down. He asked why he had to sit and stated he would be looking for her recall. Mayor Coy said until the Scozzaris provide the subject of the lawsuit, she would not recognize them. Mayor Coy added if the lawsuit is withdrawn, it should be done in writing. He did not sit down and the Mayor asked the Police Chief to escort Mr. Scozzari out. Brad White, Easy Street asked if the ordinance is voluntary because there is a beautiful tree on the vacant lot next to him that he enjoys. The City Attorney said it would not apply to specimen trees. The City Manager added part of the delineation is public safety. The City Manager said if this language is approved he would implement it as a reactive response to complaints and if it is determined that vegetation poses a danger it will be addressed. Mr. White asked if the next property owner could cut the tree and the City Attorney said his property extends to the heaven and the owner could cut the tree. Mr. Neglia added that if power lines were involved, the owner would probably be asked to trim the tree. Julie Scozzari approached the podium. Mayor Coy reminded Mrs. Scozzari that she is under threat of a lawsuit by her and would not recognize her until she is notified of the lawsuit intent or withdrawal. Mrs. Scozzari said she is here to speak to Council, not her. Ms. Simchick called for a point of order and asked the City Attorney if the Mayor could relinquish chairmanship so all citizens, including those with a lawsuit, can speak. The City Attorney explained that when someone addresses public business they are addressing the Chair as in all of them and said the Mayor was probably trying to point out that the issue is not identified in the lawsuit and he could advise to let the other side speak, not have Council speak back; but the main issue is that in the past things have been said that were considered libelous and Council could not speak back. Ms. Simchick pointed out that John Van Antwerp spoke at the previous meeting and he is suing the City to which the City Attorney pointed out that the issues are identified in that lawsuit. He further stated it was probably safe to assume the Scozzaris wanted to talk about overgrown bush. Ms. Simchick offered that the Chair could advise the citizen to stay on the subject and the City Attorney agreed saying the Mayor could stay with her decision and it could be a general guideline or could be overruled by a majority vote. 8 Regular City Council Meeting March 28, 2007 Page Nine Ms. Coy said the lawsuit threat has been made and involves her, Mr. Neglia, the City Manager, City Attorney and many members of staff. Ms. Coy asked what is difficult about putting a lawsuit's intent in writing and said she is uncomfortable speaking with anyone who is suing the City with no specifications. She asked Council if they would like to overturn her but no one responded. Mrs. Scozzari asked if Mayor Coy was refusing to hear her input. The Mayor said she just explained her reasons. Damien Gilliams, 1623 US 1, Sebastian, said he was disturbed with what is going on with not listening to people. He asked why put more lot clearing rules on the books if the City can't enforce them, noting there are rules that can't be enforced now. He said there are more important issues to deal with. Mr. Neglia noted this has been going on for a long time, and maybe the ordinance can be tweaked a little more. Mr. Paternoster said this is basically for people who can't do it themselves and the City does need something in place to help those people and this is the only alternative the City has at this time and he would be in support of it. Mr. Wolff said the lots were here when he moved here and what you see is what you get, and though he sympathizes with the older people who want to maintain their lots, there are pathways to resolve this in civil court. Ms. Simchick said we are going to inherit problems and bills, and there are costs in maintaining homes, and she would not be for this ordinance. Mayor Coy said she was leaning on the side of people who need our assistance. On MOTION by Mr. Paternoster and SECOND by Mr. Neglia, Council approved sending the draft to Fish and Wildlife Service on a roll call vote of 3-2 (Simchick, Wolff -nay). 07.015 B. Resolution No. R-07-13 -Designating Barber Street Sports Complex Field as 99-102 "Gary Scott Field" (City Clerk Transmittal, R-07-13) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DESIGNATING THE BARBER STREET SPORTS COMPLEX FOOTBALL FIELD AREA AS "GARY SCOTT FIELD" IN HONOR OF HIS GENEROUS CONTRIBUTION TO AREA YOUTH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-07-13 by title. The City Manager said if Council approved this he would pursue installation of a marker and plaque. Mr. Wolff suggested the installation of the marker in August when football season starts. Regular City Council Meeting 9 March 28, 2007 Page Ten On MOTION by Paternoster, and SECOND by Mr. Neglia ,Resolution No. R-07-13 was adopted on a roll call vote of 5-0. C. Treasure Coast Regional Planning Council (added to agenda) Ms. Coy said the other municipalities are not asking for Sebastian to give up its seat, rather they would like to be the City's alternate. Ms. Simchick said the Treasure Coast Regional Planning Council would like us to make Fellsmere our alternate and the County has Indian River Shores as their alternate. Council decided to agree to this by consensus and the City Clerk will write a letter to the Treasure Coast Regional Planning Council. The City Clerk noted barring any adopting resolution setting out specific memberships, Council could make the Fellsmere alternate appointment when liaison appointments are made later in the meeting. (the meeting ended before appointments were made, therefore it will be placed at the beginning of the next agenda) 12. NEW BUSINESS Mr. Wolff was excused from 9:41 p.m. to 9:42 p.m. 07.072 A. Review Meeting Procedures Resolution R-05-26 (City Clerk Transmittal, R-05-26) 103-108 Ms. Coy made several recommendations to amend the resolution. Following some discussion and input by each member in regard to Mayor Coy's recommendations, and input from members relative to the Mayor controlling the meetings, it was the consensus of Council to leave Introduction of New Business the way it is presently written, but to add a suggestion on the agenda that individuals try to limit their input to five minutes as the County currently does, and finally that Mayor Coy will provide her other recommendations in writing and bring them back to Council at a future meeting. 07.073 B. Resolution No. R-07-12 -Records Management Policy Revision (City Clerk 109-149 Transmittal, R-07-12, Manual) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA APPROVING AN UPDATED RECORDS MANAGEMENT POLICIES AND PROCEDURES MANUAL DATED MARCH 2007, AS THE CITY'S OFFICIAL RECORDS MANAGEMENT POLICY; PROVIDING FOR FUTURE AMENDMENTS BY THE CITY CLERK IN ACCORDANCE WITH UPDATED ADMINISTRATIVE PRACTICES AND STATE LAW REVISIONS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Clerk gave a brief explanation of the policy revision, stating that after five years of changes she thought it appropriate to have Council adopt a fully revised policy. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, Resolution No. R-07-12 was adopted on a roll call vote of 5-0. Ms. Simchick was excused from 10:05 p.m. to 10:07 p.m. 10 Regular City Council Meeting March 28, 2007 Page Eleven 07.074 C. Consideration of Turtle Sculpture Agreement Between the Mental Health 153-154 Association in Indian River County and the City of Sebastian (Agreement, Picture) The City Manager stated he was seeking approval for accepting the turtle. Kathleen Kowanic, Development Coordinator for the Mental Health Association, said the turtle was on display at the Downtown Friday in Vero Beach and it is hoped the City of Sebastian wilt display and provide for the care of the turtle. Janie Dyke, Sebastian, said her group worked very hard, and though they did not make their goal, they were offered a turtle. She thanked everyone who was involved in getting the turtle here and for their support in the walk. She said she was concerned in hearing that it would be placed in Garden Club Park and would rather see it in Riverview Park. City Council concurred with accepting the turtle; having the City Manager sign the agreement, and taking care of placement. D. Florida Green Local Government (this item was added to the agenda) Mayor Coy requested this be added and explained there was a meeting of all municipalities called by Commissioner O'Bryan to see if there was interest in joining the Florida Green Building Coalition. She said if Council is interested, he would have a workshop on the program. Mr. Scozzari opened the rear door and stood in the doorway. The Mayor asked if he needed assistance to which he replied that he wanted to hear the meeting. The Mayor asked the Chief to escort him out again. The City Attorney asked how he re-entered a secure building. City Council concurred with attending a workshop and the City Clerk offered to let Commissioner O'Bryan know. 13. 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 07.075 A. Damien Gilliams 155 i. Citizens Academy Damien Gilliams suggested a citizen's academy to get people interested in city government which can bring in knowledgeable volunteers to assist in day to day activities. Mr. Paternoster asked Mr. Gilliams to put information together for Council to review. Mr. Gilliams said he did not have time and staff could look into the matter. 11 Regular City Council Meeting March 28, 2007 Page Eleven Mr. Wolff thanked Mr. Gilliams for bringing this to Council's attention and said he supported it. On MOTION by Mr. Paternoster and SECOND by Mr. Neglia Council, extended the meeting on a voice vote of 5-0. ii. Voice Mail for Council Members Damien Gilliams suggested a voice mail where people can reach Council by telephone and leave messages. The City Clerk noted that had been put into effect. Mayor Coy said for the record, there are 21,666 citizens in Sebastian and she is still happily speaking to 21,663 of those people through her home phone. She said it is a privilege, not a right to speak to members of Council and she will not speak to the Scozzaris or Mr. Gilliams by telephone. Dale Simchick said due to her employment she is unable to take or return calls during working hours and felt she should be provided with a City cell phone to serve the community better. Mr. Paternoster asked the City Manager to consider this. The City Manager said he asked that this be bought to a public forum and he would do what Council directed. Mr. Wolff wondered if a Council member could use the $300 expense account they are provided with and increase their personal plans. Concerns were expressed about exposing private numbers. The City Manager said there is a city employee plan that Council could use which does have a policy that the employees reimburse the City if they go over their allotted minutes. Ms. Coy said her personal phone and her cell phone have worked for her so far, and the $300 in Council's expense account could be used for that. She said she would not deny others a phone but she would not want one. Ms. Simchick and Mr. Paternoster said they would be interested in having cell phones. Mr. Wolff and Mayor Coy said they were not interested but would not deny others from obtaining them, and Mr. Neglia said he was not in favor of cell phones On a MOTION by Ms. Coy, with a SECOND by Mr. Paternoster, Council could receive cell phones and can opt-in or opt-out with a roll call 5-0. Cynthia Noonan gave a Gang Task Force update. Mr. Mulford, Laconia Street, Sebastian, said he thought something was going to be done to allow him to paint his building on CR 512 the yellow he wants to use. 12 Regular City Council Meeting March 28, 2007 Page Thirteen The City Manager said he could put together a workshop to discuss the LDC color wheel and a sunset of improperly painted buildings at Council's direction. Mr. Paternoster said upon consensus, Council should give direction to City Manager to modify the color wheel to include Mr. Mulford's yellow. Ms. Simchick asked if his yellow could be added only for this particular case. The City Manager said this will not be a significant issue. The City Attorney said it would take a text amendment since the yellow does not meet the descriptions of the wheel and would need to go before the Planning and Zoning Commission. Mr. Wolff asked if he could get a variance and the City Attorney said he could apply for a waiver before the Planning and Zoning Commission which would cost $350.00. The City Manager reiterated that if Council wishes to waive the fee, have Mr. Mulford apply for a waiver, waive the fee and not modify the color wheel. On MOTION by Mr. Paternoster and SECOND by Mayor Coy, this item was added to the agenda on a voice vote of 5-0. On MOTION by Mr. Paternoster and SECOND by Mr. Wolff Council, waived the fee for a waiver and directed staff to initiate the process of modifying the color wheel on a roll call of 5-0. The City Attorney clarified that the motion included the submittal of a statement indicating their wishes to the Planning & Zoning Commission. The City Manager asked if Council would trust staff to submit color variations and description to the Commission to expedite public input and then coming back to them for consideration. Council did not object. 14. CITY ATTORNEY MATTERS -None. 15. CITY MANAGER MATTERS The City Manager announced the Yacht Club boat ramp will closed from Monday, April 2"d to the 4th at 6:00 a.m. for striping and asphalt. Since the meeting was about to end at 11:00 p.m. Mayor Coy asked for Ms. Simchick or Mr. Wolff if they would attend the April County Commission meetings, however they declined so she said she would. The remaining items were not addressed and will be carried to the April 11, 2007 Regular Meeting agenda. 13 Regular City Council Meeting March 28, 2007 Page Fourteen Mayor Coy adjourned the Regular Meeting at 11:00 p.m. 16. CITY CLERK MATTERS 07.076 A. Host Florida Association of City Clerks Academy Program at City Hall May 10tH, 2007, 9:00 am to 3:30 pm (no backup) 17. CITY COUNCIL MATTERS A. Mayor Coy 07.077 i. City Council Member Liaison Appointments to Various Regional Boards 157-160 and Committees (Transmittal, List) 07.078 ii. Assign Members to Attend Indian River County Commission Meetings 161-163 (Transmittal, Schedule) B. Mr. Neglia C. Mr. Paternoster D. Ms. Simchick E. Mr. Wolff April 11th, 2007 Regular City Council Meeting. Coy, Mayor A ~---- Sally A. M,a(io, MMC -City Clerk 14