Loading...
HomeMy WebLinkAbout04112007arr ~~ _. --- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 11, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the regular meeting to order at 7:00 p.m. 2. Council Member Paternoster led the Pledge of Allegiance and the there was a moment of silence. 3. MOMENT OF SILENCE A. Discussion of Invocation/Moment of Silence Mayor Coy said she had received a complaint about secular prayer during the invocation at the last Council meeting, that she had discussions with the City Manager and City Clerk, and noted receipt of a memo from the City Clerk regarding the history of invocations in the City. She recommended at this time that we go to a moment of silence rather than invocations until such time as a Council might want to bring it up in the future. It was the consensus of Council to have a moment of silence. 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments fo the issues. We will avoid personal attacks. Mayor Coy read the Civility Pledge. 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 at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Staff Present in Chambers: Airport Director, Joe Griffin Building Director, Wayne Eseltine City Engineer, David Fisher Finance Director, Shai Francis Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Human Resources Director, Debra Krueger Police Lieutenant, Bob Lockhart Police Officer, Roy Cole Police Officer, Paul Graves Interim Public Works Director, Jerry Converse MIS Systems Analyst, Barbara Brooke Regular City Council Meeting April 11, 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) The City Attorney requested addition of item E to the consent agenda for acceptance of a quit claim deed from the William and Nancy Carpenter for the Twin Ditches project. Mayor Coy requested deletion of item 12 A regarding meeting procedures until the next meeting because she was unable to provide her recommendations and wants to meet with Charter officers prior to doing so. On MOTION by Mr. Paternoster and SECOND by Mr. Wolff the agenda was accepted as amended and item 12 A was deleted on a voice vote of 5-0. 7. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 07.081 A. Presentation by Reverend Ron Thomas and Ruth Stanbridge - Kroegel Statue Reverend Ron Thomas said Mrs. Stanbridge was ill and not able to attend. He presented a replica of the Paul Kroegel statue, citing its history, and said with the permission of Rosalee Hume, the artist who created the statue, 25 signed statues are being offered in silent auction. He suggested members at the dais might want to contribute with a bid to obtain a replica for the City of Sebastian. He said he had left bid packages with the Mayor and people can call the Sebastian United Methodist Church for information. He then read a statement from Ruth Stanbridge, Indian River County Historical Society, and presented a new plaque for the Paul Kroegel statue in Riverview Park, to replace the plaque missing since the 2004 hurricanes. It was the consensus of Council to have the plaque mounted by City staff on the statue on Memorial Day. 07.082 B. Proclamation -North Indian River County Relay for Life -April 27 and 28, 2007 ~ - Jerry Ahlersmeyer, Chairman Accepting Mayor Coy read and presented the proclamation to Relay for Life Chairman Jerry Ahlersmeyer. Mr. Ahlersmeyer thanked the City and Council for allowing the organization to conduct its event in Friendship Park and invited the public to participate in the event. 07.083 C. Proclamation -National Public Works Week - May 20-26, 2007 3 Mayor Coy read and presented the proclamation to Interim Public Works Director, Jerry Converse. 2 Regular City Council Meeting April 11, 2007 Page Three 07.004 D. Certificate of Appreciation to Dale Simchick & Larry Birchmeyer for Temporary Environmental Advisory Committee Service Mayor Coy read and presented certificates of appreciation to Ms. Simchick. Mr. Birchmeyer was not in attendance. 07.084 E. Presentation -Indian River County Fire House #9 Location (Joe Baird/John King Indian River County Emergency Services Director, John King addressed City Council on a proposal to relocate the US 1 fire station, which was badly damaged in the 2004 hurricanes, due to the fact that there is insufficient area to rebuild a station that meets today's regulations on the present site. He said meetings began with former City Manager Terrence Moore during the construction of the new City Hall complex. He provided a power point presentation exhibiting locations from which calls for service originate. He said County staff met with the City Manager to discuss the possibility of locating station #9 to the west side of the City Hall complex campus. He exhibited a prototype station of 7500 sq ft with two bays, which could be designed on its exterior to match the buildings on the campus. Mr. Neglia said we need a fire station on the east side of the railroad tracks because of new commercial construction and possibility of train breakdowns. Mr. Paternoster agreed with the need for a firehouse east of the railroad tracks, thought it best to hear from the public about this proposed location, and expressed concern for lights and sirens on Main Street. Mr. King said he had found a property for $3.5 million, but this property is north of the city limits and additionally some time in the future there may be plans to build a third station in the area north of the airport. He said the train affects all communities up and down the corridor and is problematic every day. Mr. Wolff asked what kind of property he requires and Mr. King again exhibited the presentation showing the subject site. He said the County is currently spending $2 to $2.5 million for structure and site work which does not include the property cost. Ms. Simchick discussed the train blocking access and thought this might put locations east of the tracks in jeopardy; said it would be disruptive because of its proximity to the City Hall complex and she did not feel it was a good location. She noted the City was considering this property as a Community Center location. She said if the County decided to located west of the tracks she would prefer a station at the Sebastian airport in return for some infrastructure; and further maybe the City could take it off the County's hands for a volunteer emergency service. Mayor Coy said she is concerned about both stations being west of the tracks; and agreed with Mr. Paternoster that Council needs to hear from the public. 3 Regular City Council Meeting April 11, 2007 Page Four Indian River County Administrator, Joe Baird, said County staff had come to obtain a consensus and heard a clear consensus that Council was not favorable to this location. Mayor Coy said she was not prepared to make a decision and would like to put the issue on a near future agenda. Following further discussion on an appropriate location, the City Manager said he could place this item on the April 25, 2007 Regular Meeting for public comment. Mr. Baird reiterated he saw tonight that there was not a consensus of Council and he would get back with staff and look at other locations. Mayor Coy said perhaps if Council received citizen input it could shared with the County. Mr. Paternoster asked for any statistical data that County staff could provide. At this time, Mayor Coy allowed former Mayor, Brian Burkeen who is the Indian River County Emergency Services Chief, to speak at his request. Brian Burkeen, 786 Concha Drive, Sebastian, assured Council that the department deals with the railroad track issue every day and makes it work, what is not being said is if this property is not considered the County will take the station out of Sebastian, that this Council is served by this station and how will they tell their neighbors that there will be a response delay because it will be moved. He said Council needs to give some consensus so they can get to the next stage with the City Manager and see how the footprint will fit on the property and then hold public meetings for input. Ms. Simchick said it would be wrong to give direction to the City Manager at this time. Mayor Coy said the consensus she has received is this board wants to see the station east of the railroad tracks, and several members have concerns with using the property next door, and are not prepared to give a go ahead without public input which will take place at the April 25, 2007 meeting. Mr. Gilliams requested to speak and Mayor Coy said she was not taking public comment at this time but the item would be on the next agenda for public comment. There was yelling from the audience and she said she had granted permission to Mr. Burkeen to speak and Council moved on to the next agenda item. 8. ITEMS NOT ADDRESSED FROM MARCH 28, 2007 REGULAR MEETING A. CITY CLERK MATTERS 07.076 i. Host Florida Association of City Clerks Academy Program at City Hall May 10th, 2007, 9:00 am to 3:30 pm (no backup) The City Clerk said FACC was seeking a location in the south end of their Central East District to conduct aone-day seminar for City Clerks and had asked about the City's facility. She said though the City's policy provides that the City Manager can approve use of the Chambers to other governmental agencies, she thought it best to seek the blessing of Council as a Charter Officer. There were no objections. 4 Regular City Council Meeting April 11, 2007 Page Five B. CITY COUNCIL MATTERS i. Mayor Coy 07.077 a. City Council Member Liaison Appointments to Various Regional 5-s Boards and Committees (Transmittal, List Mayor Coy suggested rotating names based on seniority and ask each member to list his or her choices. ^ Mr. Neglia -Treasure Coast Regional Planning Council member - Fellsmere Council member will be the alternate ^ Mayor Coy -Economic Development Council member ^ Mr. Paternoster -Metropolitan Planning Organization member -1St member ^ Ms. Simchick -Metropolitan Planning Organization - 2"d member ^ Mr. Wolff -Hospital District member - no alternate ^ Mr. Neglia -Treasure Coast Council of Local Governments member ^ Mayor Coy -Land Acquisition Committee member ^ Mr. Paternoster -Tourist Development Council -Mayor Coy asked him to leave the alternate slot open and she would like to introduce him to Tim Michaud and provide him with his resume. She asked the City Attorney to research whether the alternate has to be an elected official and report back. ^ Ms. Simchick -Beach and Shore Preservation member ^ Mr. Wolff -Sebastian River Area Chamber of Commerce member ^ Mr. Neglia -Treasure Coast League of Cities member - no alternate ^ Mayor Coy -Elected Officials Oversight Committee for School Planning - no alternate ^ Chris McCarthy -Indian River County Recreation - no alternate ^ Mr. Neglia -Emergency Services member ^ Mr. Paternoster -Emergency Services alternate ^ Ms. Simchick -Economic Development alternate ^ Mr. Wolff -Metropolitan Planning Organization alternate ^ Mr. Neglia -Metropolitan Planning Organization alternate ^ Mayor Coy -Beach and Shore alternate ^ Mr. Neglia -Land Acquisition Committee alternate ^ Mr. Paternoster -Sebastian River Chamber of Commerce alternate ^ Ms. Simchick -Treasure Coast Council of Local Governments alternate 07.078 b. Assign Members to Attend Indian River County Commission ~ Meetings (Transmittal, Schedule 2007 April -Mayor Coy is attending May - Mr. Neglia (not May 8th -Mayor Coy will attenclJ June - Ms. Simchick July - Mr. Wolff September - Mr. Paternoster October -Mayor Coy November - Mr. Neglia December - Ms. Simchick Regular City Council Meeting April 11, 2007 Page Six Mayor Coy called recess at 8:18 p.m. and reconvened the meeting at 8:34 p.m. All members were present. RESUME APRIL 11, 2007 REGULAR MEETING AGENDA 9. 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. 9-13 A. Approval of Minutes - 3/21/07 Airport Workshop 15-28 B. Approval of Minutes - 3/28/07 Regular Meeting 07.085 C. Sebastian River Art Club 2007-2008 Show Dates and Raindates in Riverview Park - 2s-3s Waive Fees by 50% Based on Community Contributions (Parks Transmittal, List of Dates and Information from Art Club, Park Use Permit Application) 07.086 D. Approve Purchase of Microsoft Licenses from Software House International by 37-41 Piggy-Backing off State Contract 255-001-01-1 in the Amount of$37,804 (MIS Transmittal, Quote from SHI, License Breakdown by Department, State Contract Pages) E. Twin Ditches Easement (added to agenda) Mr. Paternoster removed item D. On MOTION by Mr. Paternoster and SECOND by Mr. Wolff items A, B, C and E were approved on a roll call vote of 5-0. Item D Mr. Paternoster inquired for the benefit of the public why the City was spending this amount of money and the City Manager reiterated his report as set out on page 41 of the agenda packet, noting the City had been delinquent, had been audited by Microsoft and needed additional licenses to be current. Mr. Paternoster asked whether GIS was included in this cost and the City Manager said it was not, but had been purchased separately. Frank Losardo, MIS Director, said the City would be covered for seven to eight years with these licenses. Mr. Paternoster asked if the City needed additional hardware and Mr. Losardo said the City did not at this time. On MOTION by Mr. Paternoster and SECOND by Mr. Neglia, item D was approved on a roll call vote of 5-0. Regular City Council Meeting April 11, 2007 Page Seven 10. COMMITTEE REPORTS/RECOMMENDATIONS 07.070 A. Citizens Budget Review Advisory Committee 43-63 (City Clerk Transmittal, Member List, 4 Applications, Ad) i. Confirm Coy, Simchick and Wolff Individual Appointments to 11/2009 Mr. Wolff appointed Bradley White. Mayor Coy appointed AI Davis. Ms. Simchick appointed John Oakes. Confirm Neglia Individual Appointment to 11/2008 (Paternoster Member Appointed in 2006 Serves to 11/2008) Mr. Neglia appointed Dwight Trout. iii. Interview Unless Waived, and Submit Nominations for Two At-Large Member Positions to Expire November 2008 City Council interviewed Ed Herlihy and Todd Klitinic. Mr. Cardinale was not present. Mr. Neglia nominated Mr. Herlihy. Ms. Simchick nominated Mr. Klitinic. There being no other nominations, Mr. Herlihy and Mr. Klitinic were appointed to the two at-large positions. 07.012 B. Construction Board 65-72 (City Clerk Transmittal, Application, Ad, Member List) i. Interview Unless Waived, Submit Nomination and Appoint Concerned Citizen Unexpired Position to Expire 9/2007 Mr. Paternoster nominated Ditmar Bulla. There being no other applicants or nominations, Ditmar Bulla was appointed. 07.001 C. Parks and Recreation Advisory Committee 73-88 (City Clerk Transmittal, Application, Originating Ordinance, Member List, Ad) i. Interview Unless Waived, Submit Nomination and Appoint Zone A Representative City Council interviewed Kelly Palfi. Mr. Paternoster nominated Ms. Palfi, and being no other applicants or nominations, Ms. Palfi was appointed. Regular City Council Meeting April 11, 2007 Page Eight 11. PUBLIC HEARING -None 12. UNFINISHED BUSINESS 07.072 A. Review Meeting Procedures Resolution No. R-05-26 (R-05-26, Mayor Coy will provide her recommendations under separate cover) This item was removed during Agenda Modifications. 07.087 B. Approve Airport Business Plan -Principal Guiding Documents for Sebastian 89-95 Municipal Airport (Airport Transmittal, Amended Pages) (Document Provided Previously Under Separate Cover and is Located on City Website) The City Manager introduced the Airport Director and Dr. Byers, the consultant who prepared the document, and they addressed City Council on the guiding document and described changes and corrections as set out on page 89 of the agenda packet. Mr. Wolff said a constituent contacted him and was concerned about the fact that there is no language on touch and goes. He said Vero Beach limits touch and goes on weekends and holidays and he thought it would be prudent to bring this to Council. Mayor Coy said this was an excellent point and said she had discussed this with Mr. Griffin, who said he had recently implemented a voluntary noise abatement program through signs and the AWOS system, which asks pilots to make a northerly turn to take them away from Main Street, and had received 80% compliance. He said the problem is that on landing it is hard to get the message out. He further stated that Flight Safety already utilizes our airport and because we are a public use airport we can't put up a turnstile, and the City receives no compensation from these operations. Mayor Coy asked if such an entity were to obtain a lease at the airport, how would that affect our airport and the Airport Director said the City would have much better control. Mr. Paternoster said because of the City's agreements with FAA, the City cannot restrict touch and goes, and anything the City would ask would be voluntary and could not be restricted. He said if the City tried to restrict it, the FAA could take the airport from Sebastian and still use it as an airport. The City Attorney confirmed FAA could take back management of the airport. In response to Mr. Neglia, the Airport Director said there are currently approximately eight aircraft a day doing touch and goes. Mr. Neglia asked if the City entered into a lease with Flight Safety, would they have to comply with the City's imposed rules. The Airport Director said they would do what needed to be done to come to Sebastian Airport. The City Manager said the City could throw caveats into the lease if they are compelled to come to Sebastian. 8 April 11, 2007 Page Nine Ms. Simchick asked what document Vero had that restricted the touch and goes. The Airport Director noted Vero Beach has a control tower and the City does not. Dr. Byers responded that most airports have deed restrictions after a review of local issues, and restriction on touch and goes during certain hours is not prohibited, but the restriction must be reasonable and cannot discriminate. He said if a tenant was held to a higher standard than someone else simply using the airport for touch and goes, the FAA would have something to say. He said the City could establish a policy outside of leases that applies to everyone, such as restricting touch and goes between certain hours. He said FAA would look at three objectives when reviewing the policy - is it fair and reasonable, is it discriminatory, and does it place a burden on interstate commerce -and if one can satisfy these objectives FAA would probably sign off on it. In response to Mr. Paternoster, the City Attorney said the City at one time tried to do a blanket prohibition on touch and goes and had to enter into an agreement with FAA that the City would not do that. The Airport Director said he would investigate restrictions and report back. On MOTION by Mr. Neglia and SECOND by Mr. Paternoster the new draft of the Airport Business Plan Principal Guiding Document (with corrections provided by the Airport Director prior to this meeting) was approved on a roll call vote of 5-0. On MOTION by Mr. Paternoster and SECOND by Mr. Neglia the airport moratorium was lifted on a voice vote of 5-0. 13. NEW BUSINESS 07.088 A. Resolution No. R-07-14 -FIND Grant for Indian River Drive Main Street s~-~o2 Improvement Project (Growth Management Transmittal, R-07-14, GMD Memo) On MOTION by Mr. Neglia and SECOND by Mr. Wolff Resolution, No. R-07-14 was adopted on a roll call of 5-0. 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC For items that have occurred or were discovered within the previous six months and which are not otherwise on the agenda. Please give your name and address, and then give your remarks. Please try to limit your remarks to five minutes. A. Joe Scozzari i. Right of Citizens to Speak at City Business Meetings Joe Scozzari, Sebastian, read from a document regarding constitutional rights, freedom of expression and speech, and public assembly but did not provide them for the record. He said Council meetings are supposed to be a marketplace of ideas for all, free speech Regular City Council Meeting 9 Regular City Council Meeting April 11, 2007 Page Ten and opinions should not be prevented, and reminded Council it is not a citizen's privilege to speak to Council but it is Council's privilege to serve the public. ii. Laws that Govern Removal of Persons from a City Meeting Joe Scozzari further read from documents regarding constitutional rights relative to a person's right to address a public body, and said being removed the way he was removed last week by the police was a violation of the First Amendment. Mayor Coy asked if Mr. Scozzari was making an accusation. Mr. Scozzari said he was making a statement and would prefer it if the Mayor would let him fulfill his freedom of speech. Mayor Coy said the chair has the floor and again asked Mr. Scozzari if he was preferring charges against Council. Mr. Scozzari then continued to read from the documents and Mayor Coy asked him to answer her question. He continued and Mayor Coy said all he has to do is follow the rules and respond to her question, stating he had made an accusation. Mr. Scozzari said the chair will not be recognized this evening. Mayor Coy said he is warned and was asked to sit down. Mr. Scozzari said this is a violation of his right to speak and left the podium. Tammy Outright, handed out information about cigarette butt litter (see attached). She recommended that there be some City rule that every business has to provide cigarette smoke pots and that they should be installed at parks and boat docks. She said if the City would start fining people extensively, it might deter people from throwing their butts on the ground. Ms. Simchick said a resident by the name of Steve Kosdra contacted her and he too is passionate about this, and noted there is a litter code but it is not specific to cigarettes which could be added. She said the City is in such a dry season it can be dangerous, and suggested that maybe Growth Management can require outdoor smoking vessels during site plan review. Mayor Coy said she would be in favor of following up on this. Ms. Simchick said maybe violators could be required to do clean up service rather than being fined. Mr. Neglia said when he did a cleanup with KIRB, they picked up many cigarette butts. 10 Regular City Council Meeting April 11, 2007 Page Eleven Todd Klitinic 1274 Barber Street, Sebastian said most members of Council are from the military, and said they swear to uphold the Constitution and freedom of speech and should allow people to assemble and address grievances. He said the two former Mayors did not deny anyone the right to speak, said he knew Joe had a problem with Mrs. Coy so maybe she should give the gavel to the Vice Mayor for five minutes or so. He asked that Council let people speak in this town. Following Mr. Klitinic's input there was loud clapping and Mayor Coy gaveled and told Mr. Scozzari that was enough and thanked him for his input once again. Mr. Scozzari yelled out. Mayor Coy said as a result of Mr. Scozzari not being allowed to speak, he has sent the City an a-mail stating that he is no longer suing the City but has reserved his right to sue the Clambake Foundation, as well as herself. She said she knows him in no other capacity other than in her official capacity as a Council member and Mayor, so indeed he is still suing the City. Mr. Scozzari made a remark from the back of the room and Mayor Coy gaveled for order. She said she did not need his visual cues, that he is a disturbance, said he was warned and the next time he would be asked to leave. She said his antics are not to be tolerated and he is disrupting the meeting. She said she is still being sued so she is being careful in her interaction with Mr. Scozzari, and that he was allowed to speak tonight and will be allowed to speak as long as the City knows whether he is suing but that he will follow the rules, that everyone has to and she has to. Don Wright, 720 North Fischer Circle, Sebastian, stated he visited the airport today, and said he wanted to bring to Council's attention that there is a building which may be a police storage building which is dilapidated and unattractive for this area, and the City may want to consider moving it. He said he also saw another poorly kept building with a small sign on the ground that read "J & S Aviation" and said he thought they were actually out of business. Mr. Wolff asked if he had spoken to the Airport Manager and found him helpful, and Mr. Wright said he met with him but it was before he saw these conditions, that this visit was based on the Economic Development issues. Mayor Coy said there is litigation involved in some of the issues, she advised him to go back and talk to the City Manager and City Attorney since Council cannot address them at this time. The City Attorney said there have been special litigation sessions with Council. Damien Gilliams 1623 US 1, Sebastian, asked what the City's policy is on dilapidated buildings from the hurricanes, how long do people have to take them down. Mayor Coy 11 Regular City Council Meeting April 11, 2007 Page Twelve inquired if he had asked the City Manager what the policy was, and reminded him this is his opportunity to have a discussion and is not a question and answer session. Mr. Gilliams asked her to ask the City Manager and she said she will ask this one time but that Introduction of New Business is not a time for debate. She asked the City Manager what the City policy was. The City Manager said immediately after the hurricanes the City looked at code enforcement issues for emergency reasons, which have since sunsetted and instructions now are to follow code enforcement procedures. He asked if Mr. Gilliams had any specific issues and if so he should bring them to the City's attention. Mr. Gilliams said the firehouse on US 1 has been sitting there for two years now and nothing has been done and asked if government is above the law when it comes to compliance. Mayor Coy noted the firehouse is in discussion and it would be appropriate for him to ask the County. He said he wanted to speak earlier but was denied his right to speak but she gave the former Mayor the right to speak and asked what that policy is for speaking. Mayor Coy responded the chair reserves the right and she chose to recognize the former Mayor in his capacity as an Emergency Services worker. Mr. Gilliams then asked if what she was saying is that former government employees have more of a right than he has as a taxpayer. She then reminded him this is not a question and answer period and asked if he did have public business. Mr. Gilliams asked when are they going to repair the firehouse on US 1, noted the County has numerous locations, that they are just trying to find a piece of property for free at the expense of the taxpayers. He asked why the County is not getting with state senators and representatives and DOT to correct ingress/egress issues at the old Wal- Mart site which is a perfect location. He said taking the firehouse to Roseland is going to affect the people of this community. Mayor Coy responded this will be on for public debate at the next meeting. Mr. Gilliams asked if there is a reason the City cannot contact our public officials in Tallahassee and DOT or is it too complicated. He asked why we aren't getting a grant writer and lobbyist and he did not want to wait until October for this so the City can save taxpayer money. He said he pays close to $100,000 in taxes and is upset about it. Ms. Simchick said the City has no say as to where the firehouse is located but it is the City's business to know why the County didn't repair the building and asked the City Manager why the City is always last on the list, and why does the County always come to the City for money and that she understands the public's frustration. She asked why the County has not been more aggressive and why have they either stalled us and why has it taken so long to fix the building. The City Manager said there have not been conversations with the Fire Department since he has been here on repairing or code enforcement at the firehouse though he did 12 Regular City Council Meeting April 11, 2007 Page Thirteen not have a justifiable reason, and as far as incentives to go forward, he has made proposals about providing quid pro quos for them, that he has no final say over the matter, and yes we may contribute by offering them land but we all pay taxes to the County and it would save all of us in that capacity. He said he would take direction from Council, if we don't feel we are being properly serviced, to investigate our own emergency service and then the service would be under the control of Council. He said he did not know what leverage we had as far as the existing building condition. The City Attorney said the County has sovereign immunity, that we cannot lien the property and they are a subdivision of the State of Florida. Mr. Paternoster asked if Mr. King mentioned that the County has to go through routine permitting, and the City Attorney responded yes, but that is not enforcement. He said the State has voluntarily submitted itself to land development approval but it has not submitted itself or its political subdivisions to our code enforcement jurisdiction. Mayor Coy reiterated Council's previous consensus to take public input at the next meeting. Ms. Simchick said the City Manager did bring up the option of our own service and this needs to be added to the options, because then the City can force our own concurrency. Mr. Neglia said Mr. Gilliams is on the right track but his issue is with the County, and the City's problem is to try to get a firehouse here and the only way the City can do that is have the County take care of it. He said if the County can't lay out $1 or 1.5 million to put a station here with our tax money something is wrong. Mr. Wolff said it is outrageous that the fire station in Sebastian has been neglected for two years, asked wasn't the former Mayor of Sebastian next in line in charge of the firehouse; and how can the City sit here and say that we let it go for this time. He asked if the firehouse over at John's Island and Vero Beach got repaired and pointed out Sebastian sits with this dilapidated building and now the County says they can't make it work so they ask for this piece of valuable property, which is an outrage. Mr. Gilliams said he came with a solution, the City can take the County's money that they set aside for land acquisition and buy six acres, get the egress and ingress straightened out and offer two acres back to the County for their fire station. Julie Scozzari, 1401 Thornhill Lane, Sebastian, said she wanted to address being disappointed at not being able to speak at the last meeting, felt that her rights as a citizen were violated, and said she hoped that this Council would consider their rights as a Council to vote to hear the citizens when one is not allowed to speak or is being refused the privilege to speak or right to speak. She said she hopes it doesn't happen again. 13 Regular City Council Meeting April 11, 2007 Page Fourteen Mayor Coy recognized Joe Scozzari, but said from here on out we are only going to go one round. Mr. Scozzari said Andrea Coy is being sued personally for remarks she made during the SPOA (Sebastian Property Owners Association) meeting and he is not suing the City at all. Mayor Coy gaveled Mr. Scozzari and said he was being libelous and asked him to take his seat. Mr. Scozzari said it was not libelous. Mayor Coy again asked him to take his seat. Mr. Scozzari said she invited him up to speak. Mayor Coy said he is not allowed to come up and be libelous and he just made an incriminating statement and is violating broadcast policy and is disrupting this meeting and asked him to take his seat. Mr. Scozzari then asked if he may speak with Council. Mayor Coy again gaveled and asked him to take his seat. Mr. Scozzari left the podium and stood in the aisle. 15. CITY ATTORNEY MATTERS 07.057 A. Discuss and Direct City Attorney as to Duties of Merged Natural Resources 103-105 Committee (City Attorney Transmittal) The City Attorney reviewed his proposed language on the merger of the Tree Board and Environmental Committee, which is under consideration and asked for input from Council. Mayor Coy gaveled again and waited while Lieutenant Lockhart brought Mr. Scozzari from the aisle to the back of the Council Chambers. The City Attorney continued with his review of the proposed language. Mr. Wolff said he was a little concerned about some resignations he had heard about and wondered if they were a result of the proposed merger. The City Attorney said resignations from these two committees is not a new phenomenon. Ms. Simchick said she thinks they are two different types of committees; noted the Tree Board does not want to get into environmental issues, and as a former member of the Environmental Committee she would not want to be a member of the Tree Board; that the City has an Environmental Planner and said perhaps a change in direction for Environmental Committee toward conservation land management would be appropriate. Ms. Simchick said she had resigned from the Environmental Committee and at the time she was appointed to Council the resolution to extend the committee six months was adopted, and she was unaware of the provision not to fill vacancies during this period. She said she had planned to appoint Todd Klitinic to her vacant position for the remaining five months until a decision is made on the Environmental Committee, and asked how she could do this. 14 Regular City Council Meeting April 11, 2007 Page Fifteen The City Attorney advised her that she could either request to suspend the rules and make the one-time appointment or take out the extension provision of the resolution to not fill any further positions while the merger is being discussed. On MOTION by Mr. Paternoster and SECOND by Ms. Simchick, the rules were suspended on a voice vote of 5-0. Ms. Simchick appointed Todd Klitinic as her appointee to the temporary Environmental Advisory Committee. Mayor Coy said in her discussion with members of both boards she has met with little resistance, and with the exception of one Tree Board member she is not hearing from anyone. Mr. Paternoster said he had gotten the impression there is a resistance for merging the two boards because they have separate and distinct purposes and would like to keep them separate. Mr. Neglia said he had spoken to Tree Board people and they were definitely not in favor of merging but he thought together they could provide a good service to the City, and would like to see them merged. He asked the City Attorney if Council could add periodic reviews of Tree provisions. The City Attorney said we could add language for formal review every three years. Ms. Simchick asked for time to reach out to the public. On MOTION by Ms. Simchick and SECOND by Mr. Neglia, the item was tabled to the next meeting on a voice vote of 5-0. Other Matters The City Attorney asked for clarification from Council on which way to proceed with the color wheel, either to a time limit or to change the color wheel. In response to Mr. Wolff, the City Attorney further explained the two potentially conflicting directions received from Council; 1) to change language to sunset the non-conforming colors; or to change the color wheel. The City Manager said there was clear direction that we do want to sunset and there needs to be some clear direction on how we interpreted the color wheel and the third issue lingering is -- do we want to change the color wheel. He said staff recommendation is going to be -- don't change the color wheel because the community worked long and hard to 15 Regular City Council Meeting April 11, 2007 Page Sixteen establish it. He said if Council is inclined to change colors, they should also put in a non- monotonous clause, so he'd like to move forward with that understanding -- a) come up with a sunset; b) clarification on how the color wheel works; c) no recommendation from staff on color; and d) let the public input process dictate how you come back with changes to color. At 10:30 p.m. on MOTION by Mr. Neglia and SECOND by Ms. Simchick, the meeting was continued on a voice vote of 5-0. The Growth Management Director noted that Mr. Mulford will appear before Planning and Zoning with a waiver request next Thursday night. Mr. Wolff said to address this without backup at this time is not proper. The City Manager said Mr. Mulford will go before Planning and Zoning and on the other issue he will get with staff on the process he described previously and bring any text amendments back to Council once Planning and Zoning has addressed it. The City Attorney reported on attendance at meetings with City Attorneys regarding the proposed interlocal agreement on height and density in lieu of a County Charter. Discussion followed on Fellsmere's future plans for expansion. The City Attorney reported on the Construction Board meeting last night noting the committee is going to be recommending ordinance changes to enhance penalties for contractor issues; and for him there are other items that are taking priority, but he will get to it. 16. CITY MANAGER MATTERS -None 17. CITY CLERK MATTERS The City Clerk announced the Indian River County Commission meeting in Sebastian Council Chambers tomorrow night at 7 pm regarding the charter county government proposal, which will be broadcast live on Channel 25. 18. CITY COUNCIL MATTERS A. Mr. Neglia Mr. Neglia said the Yacht Club and boat ramp renovation look great; reported on the Cadets graduation at Sebastian River High School; said the landscaping on US 1 looks great and it was noted that the staff member is Wanda Webb; reported on an April 20tH gang prevention meeting in the old Council chambers; and advised on the need for community volunteers for the Marion Fell library in Fellsmere to read to children. 16 Regular City Council Meeting April 11, 2007 Page Seventeen B. Mr. Paternoster In regard to the City Manager's recent a-mail update, discussed the clearing of twenty feet of the Shakespeare Avenue property and his concerns relating to it. He asked if this was done in response to a nuisance notification, and if no grubbing was done and only two exotic trees were taken down, and no permits were required in this case, and it was so easily done, he asked why the City is having such a hard time with Fish and Wildlife on this ordinance. The City Attorney responded that because with an ordinance the City is putting a rule into effect to require property owners to do it and this changes the framework of the City's regulations, but as it stands if it is just exotics, property owners can go in and remove them as a nuisance. The City Manager said code enforcement asked the property owner to clear five feet and they cleared twenty feet, and the City Attorney said the City had no basis to limit them to clearing further as long as it is only exotics, that no permit is required as long as someone from staff confirms there are only exotics. Mr. Paternoster asked if Fish and Wildlife had any regulations on bringing heavy equipment onto a property and the City Manager said they prefer hand clearing but he did not feel the City should limit that. C. Ms. Simchick Ms. Simchick thanked staff for coming to meetings because it means a lot to Council and to citizens; discussed the three walking signs being installed by the river and said she would like to seek funding for signs for all homes or building sites that meet historical criteria; suggested that perhaps Chris McCarthy can check into this; suggested that something can be installed on the sidewalk to meter the Easy Street walkway; and, in regard to the County Charter workshops that are taking place that she is attending, noted that the Fellsmere City Manager is attending all of those meetings and wanted to ensure that we have a Council consensus that our City Attorney and City Manager are in attendance at all of those meetings and report back to us. It was the consensus of Council for them to attend. The City Attorney said he has been trying to monitor it when it is something of substance and not simply informational meetings. Ms. Simchick said she would rather see more language to protect the cities. Mayor Coy recommended the City Manager agendize this matter before Council to give them adequate time to iron it out. 17 Regular City Council Meeting April 11, 2007 Page Eighteen D. Mr. Wolff Mr. Wolff said he attended the graduation of the police citizens academy which had 23 to 25 people and at least 3 or 4 people agreed to volunteer, and that all of them could not say enough about police staff; stated that a volunteer corps has potential and he would like to promote this for city operations; and said it had come to his attention that Bug Master is heavily promoting an automatic insecticide device which is unregulated and perhaps it is something the City needs to look into. E. Mayor Coy Mayor Coy gave kudos noting when the last remaining vacant lot near her house was being cleared by a subcontractor of Tozzolo Brothers, they went out of their way to leave trees on the side yard and left vegetation on the lot, and on Saturday they cranked up their machines and when she told him the City had an ordinance they ceased operations immediately. Her dodo went to the person who is dumping fish remains into Easy Street Park and creating a dangerous bacteria condition that is killing wildlife and cautioned people to keep their children and dogs out of the lake. 19. Being no further business, the regular meeting adjourned at 11:01 p.m. Approved at the Apri125~h, 2007 Regular City Council Meeting. l ~~ Andrea Coy, Mayor ATTE i i; ~ - Sally A. M ' , MMC -City Clerk 18 Get pour butts off the street 8a off our beaches! Organizations has claimed that 200 million cigarette butts are being dumped on the streets every year due to the Government's smoking ban. The new smoking ban may be keeping the air cleaner, but concerned citizens and business owners say that the ban is making the streets dirtier. .~ The smoking ban has resulted in smokers having to vacate places of business to smoke outside resulting in a lot of butts on the street. Some business have installed containers on stands to prevent people from leaving their cigarette stubs on the ground, and now I Tammy R. Outright am asking the city council to consider 'municipal ashtrays' to be installed outside all city businesses 8~ throughout the city. Including our city parks 8~ dock areas It's understandable that many citizens want more non- smoking bans enforced. Smokers WE have to clean up our act, respect the law do as much to reduce the need for smoking bans by being considerate of others, not tossing butts indiscriminately and keeping them out of storm drains, which transport toxic litter to the coastline. So lets concentrate on enforcing anti-litter laws rather than a smoking ban. Thank you; Tammy R. Outright The Experiments The large number of chemicals in used cigarette filters precluded toxicity testing of each chemical. Thus, a test that can estimate aquatic toxicity from the composite of chemicals and compounds found in cigarette butts was used. Using the US Environmental Protection Agency's 1996 "Aquatic invertebrate acute toxicity test for freshwater daphnids" standardized toxicology protocols and procedures, water fleas were introduced to Petri dishes filled with dilution water and the test solution. For these experiments, the test solution was made by soaking the components of cigarette butts (remnant tobacco or the cellulose-acetate filters) in distilled, deionized water, and allowing the chemicals in the butts to leach into the water. Water fleas in the Petri dishes were,Qbserved at 24 and 48 hours. In addition to death, any abnormal behavior or appearance was also recorded. Data collected during the experiments were used to develop dose-response curves. Data were also used to determine the experimentally derived toxicant concentration producing death to 50% of the test population during continuous exposure over a specified period of time. This is referred to as the "Lethal Concentrations 50" values (LC50). LCO means no animals died, and LC100 means they all died. Lethal Concentrations provide a quantifiable measure and precise expression of toxicity. Each test included controls consisting of the same conditions, procedures, and daphnids from the same population. The only difference being that none of the test chemical was added. Prior to conducting the definitive experiments, three range-finding tests (preliminary hazard assessments) were conducted to establish parameters for the acute toxicity tests. The range- finding tests established test solution concentrations and leaching periods. The definitive tests had four components: Experiment A -Used filters. To establish if the chemicals in used cigarette filters produce death in Daphnia after exposure to a specific concentration for a specified period of time. Remnant tobacco was removed from cigarette butts for this test. Filters from two cigarette butts were soaked in 500 ml of distilled, deionized water for one hour at room temperature. Twenty daphnids were exposed to each conpentration level: 4, 2, 1, 0.5, 0.25, 0.125 butts per liter. Experiment B -Remnant tobacco. To establish if the chemicals in the tobacco found in smoked, discarded cigarette butts produce death in Daphnia after exposure to a specific concentration for a specified period of time. Remnant tobacco (totaling 28 mm) from two cigarette butts was soaked in 500 ml of water for one hour at room temperature. Twenty daphnids were exposed to each concentration level: 4, 2, 1, 0.5, 0.25, 0.125 butts per liter. Experiment C -New, unused filters. To establish if the chemicals in new, unused cigarette filters produce death in Daphnia after exposure to a specific concentration for a specified period of time. No tobacco was used in Experiment C. Daphnia were exposed to the chemicals that were leached out of new, unused filters to determine if any of the compounds in new filters were toxic to Daphnia. New filters were soaked in distilled, deionized water for one hour at room temperature. Twenty daphnids were exposed to each concentration level: 16, 8, 4, 2, 1, and 0.5 filters per liter. Experiment D -Cigarette butts' effects on the pH of freshwater. To determine if the presence of cigarette butts in freshwater changes the pH of the water. pH is an important factor to aquatic animals, and can affect the toxicity of pollutants. For this experiment, one cigarette butt (the filter plus 28 mm of remnant tobacco) was soaked for one hour in 100 ml of spring water at room temperature. The pH of the water was measured before and after the one-hour soak using a Hach brand pH tester that had been calibrated just prior to the test. How many discarded cigarette butts are there? Trillions. Global tobacco consumption has more than doubled in the last 30 years, and world cigarette production reached a record high in 1997 according to the US Department of Agriculture (USDA). The USDA estimated that in 1998, 470 billion cigarettes were consumed in the US; world cigarette production was 5.608 trillion. The World Health Organization estimates that 1.1 billion people in the world smoke-that is one third of all people on earth over the age of 15,. The 470 billion cigarettes smoked in the United States in 1998 translates to a total of 176,250,000 pounds of discarded butts in one year in the United States alone. The filters from 5.608 trillion cigarettes (approximate world production) would weigh more than 2.1 billion pounds (Table 1). This figure does not include the weight of the tobacco still attached to the filter, or the packaging, matches, disposable lighters, and other "collateral" waste that is generated by smoking. The filters on one pack of 20 cigarettes weigh 0.12 ounces (with no tobacco attached) and displaces a volume of 10 ml. With annual worldwide pro ruction of cigarettes at 5.608 trillion, the potential weight and volume of cigarette butts becomes enormous (Table 1). Similarly, cigarette butts take up a large volume of space. If one person smokes a pack and a half a day, he will consume more than 10,000 cigarettes in a year. This number of cigarette butts (filters only-not including remnant tobacco) will fill a volume of five liters. Worldwide annual consumption of cigarettes creates enough cigarette butt waste to fill more than 2,800,000,000 liters (2,800,000 m3). number of filters ounces/pounds milliliters/lit err 20(one pack) .12 oz 10 ml 10,000(one year's consumption for one smoker) 3.75 Ibs 5 liters 1,000,000 375 Ibs 500 liters 100,000,000 37,5001bs 50,OOOliters 10,000,000,000 3,750,OOOIbs 5,000,000 ,. . liters 465,000,000,000(Number of 174 375 000 Ibs 232,500,000 cigarettes smoked in the U~ in 1998) , , liters 1,000,000,000,000 375,OOO OOOIbs 500,000,000 , titers 5,608,000,000;000 2,103,000,000 2,804,000,0 (1998 world cigarette production) Ibs 00 liters Table 1-Weight and Volume of Discarded Cigarette Filters. The percentage of cigarettes with filters varies, depending on the country. Politician wants to get tough on cigarette-butt throwers Source: Contra Costa (CA) Times, 2004-04-10 Author: Jim Sanders SACRAMENTO BEE Motorists who toss cigarette butts out the window could be fined more than their car is worth under legislation proposed by a Southern California lawmaker.... Fines and penalty assessments would range from a minimum of $3,400 for first-time offenders to $20,400 for anyone cited three times or more. "I want to reach the point where the fine is so significant that it's just not worth it (to litter)," said Assemblyman Russ Bogh, a Cherry Valley Republican who introduced the measure, AB 2694. r• Libs plan to out butts Source: Melbourne (Vic) Herald Sun (au), 2004-03-28 Author: IAN HABERFIELD Sunday Herald Sun ON-THE-SPOT fines for littering will be doubled under a Liberal plan to clean up the millions of cigarette butts littering our streets. Smokers caught throwing away cigarette butts would be fined $200 and the fine for throwing litter from a car would double to $400, under a Liberal government. Repeat offenders would face further penalties and be forced to complete community service orders, Opposition Environment spokesman Phil Honeywood said. Park, beach smoking ban plan in Martin tossed out window Source: Stuart/ Port St. Lucie (FL) News, 2004-01-14 Author: Jim Turner staff writer MARTIN COUNTY -Smokers will be able to continue lighting up at most county parks and beaches. They also won't have to worry about being targeted by litter police for improperly disposing of cigarette butts. In approving a revised code for parks and beaches on Tuesday, the County Commission unanimously agreed not to enact a recommendation from the Parks and Recreation Advisory Committee tddesignate smoking areas at all county parks. The recommended smoking ban was aimed. at reducing litter.