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HomeMy WebLinkAbout04252007crtv ~~ - -- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 25, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. 5. Mayor Coy called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Council Member Simchick. There was a moment of silence. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 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 City Engineer, David Fisher Finance Director, Shai Francis Growth Management Director, Rebecca Grohall Public Works Administrative Supervisor, Linda Kinchen Police Chief, Jim Davis Police Lieutenant, Bob Lockhart MIS Systems Analyst, Barry Siepmann 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 that an item be added to Unfinished Business regarding a request for an attorney-client executive session. The item was added as item D on a voice vote of 5-0. Regular City Council Meeting April 25, 2007 Page Two Mayor Coy requested addition of an item to New Business to reach a consensus of council on how to proceed with the county charter issue. The item was added on a voice vote of 5-0. 7. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 07.090 A. Presentation of Plaques to Jeremy Halstead, Eric Suesz and David Blanco for Lifesaving Effort Mayor Coy, assisted by Pat Kirby, presented plaques to the three gentlemen for their effort to save the life of Mrs. Kirby's daughter, Theresa Meeker, after her car accident on Roseland Road and honored them for their bravery. 07.091 B. Proclamation -National Nurses Week - May 6-12, 1007 -Inez Fielding, RN 1 Accepting Mayor Coy read and presented the proclamation to Inez Fielding. Ms. Fielding introduced Ms. Philipsburg and Mary Goslin who each addressed the audience on the importance of nursing. 07.092 C. Proclamation -Arbor Day -April 28, 2007 -Tree Board Members Accepting 2 Mayor Coy read and presented the proclamation to three members of the Tree Board. Member Mary Bennett invited the public to the Arbor Day celebration on April 28, 2007 at Bryant Court Park starting at 10 am. 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 hislher hand to be recognized. 5-22 A. Approval of Minutes - 4/11/07 Regular Meeting 07.093 B. Award Janitorial Services Contract to GCC Commercial Cleaning (City 23-79 Manager Transmittal, Contract, Bid Documents, Tabulation Sheet) 07.092 C. Approve Champion Tree Nominations -Certificates Will Be Presented on 81-85 Arbor Day (Tree Board Memo) Mr. Neglia removed item B. On MOTION by Ms. Simchick, and SECOND by Mr. Paternoster, consent agenda items A and C were approved on a voice vote of 5-0. 2 Regular City Council Meeting April 25, 2007 Page Three Item B Mr. Neglia inquired asked about the difference in days of week cleaning schedules for toilets and toilet bases as set out on circle page 57 and 58, and asked why they would clean the tops and not the bottoms. The City Manager said the floors are mopped every three days and they clean the pedestal at the same time. Mr. Neglia suggested notification of unsecured facilities to the police department as soon as possible, rather than to the contract administrator by 5 pm the next day. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, item B was approved with the addition of the contact with the police department on a roll call vote of 5-0. 9. COMMITTEE REPORTS/RECOMMENDATIONS A. Citizens' Budget Review Advisory Committee 07.070 (City Clerk Transmittal, Code Section 2-167, Cardinale Application) $~-s2 i. Appoint Alternate Member for One Year On MOTION by Mr. Neglia, and SECOND by Ms. Simchick, Charles Cardinale was appointed alternate for one year on a voice vote 5-0. 07.071 B. Parks and Recreation Committee 93-96 i. Reauest from Chairman Don Wright to Amend the City Code of Ordinances to Eliminate Memberships by Zone (Code Section) Don Wright, Chairman, Parks and Recreation, requested that the Parks and Recreation memberships not be based on the specific impact fee zones as set out in the Code of Ordinances. He said most people find it difficult to understand the zones, and rather go to at-large memberships rather than by zones. Mr. Neglia asked if this was done by ordinance and the City Attorney confirmed it was. The City Attorney said Council can change the committee requirements in whatever way it wishes. Mr. Paternoster asked how the impact fees would be disseminated. Mr. Wright said the money comes into the City not the committee, and as he understands that funds are spent in the same zone as collected, but if there are projects that will benefit the community at large, each zone can contribute to those projects. The City Attorney cited examples of neighborhood parks, i.e., Bryant Court Park and George Street Park, those considered in walking distance. Mr. Wright said the money is intended to be spent on new facilities. 3 Regular City Council Meeting April 25, 2007 Page Four Discussion took place on increasing the membership from five members and two alternates to seven members and two alternates. There was no objection from Council to the City Attorney rewriting the ordinance. 07.002 C. Planning & Zoning Commission 97-109 City Clerk Transmittal, Code Section, Application, Member List, Ad) i. Interview Unless Waived, Submit Nomination for One Expired Regular Member Position for Term to Expire 5/2010 Mr. Paternoster nominated Hank Buchanan and being no other applicants or nominations, Mr. Buchanan was appointed to the regular member position to 5/2010. 10. PUBLIC HEARING -None 11. UNFINISHED BUSINESS 07.084 A. Public Input Regarding Relocation of Fire Station #9 (No Backup) The City Manager briefly reported on discussions that took place at the last meeting, cited further backup that was presented to Council subsequent to the dissemination of the agenda packet (see attached to minutes). Indian River County Emergency Services Director, John King presented the material on the overhead which represented one year of calls, for the benefit of the public. Willard Siebert, 1013 Indian River Drive, said it does not make sense to leave the east side of US 1 isolated, nor did he understand why the City should donate property to the County because they are funded by all taxes in the County; and said he believes the City will someday need the campus property that is being proposed. Lisanne Monier, US 1, said we need a fire station east of the railroad tracks and agreed we don't have enough ambulance service on the west side of the tracks. She said she did not understand why the station has not been replaced, and recommended we could split it up. Joseph Scarpa, 124 Englar Drive, said he was a volunteer in the 1980's and the station was located where Mel Fischer's museum is now. He cited an incident where he was unable to get to the station because of the train; said if you have the money to build a station on the City Hall complex fine, and recommended if money is available build a satellite on the east side should a train come through because seconds are very important. Damien Gilliams, 1623 US 1, Sebastian, asked why the County doesn't put another station in the highlands if that is where most of the calls are; wondered why we cannot 4 Regular City Council Meeting April 25, 2007 Page Five call DOT for assistance with the ingress/egress issue at the old Wal-Mart and have Wal- Mart chip in and assist with the purchase of the property then donate two acres to the County. He read from a Vero Beach Press Journal article regarding Vero Beach obtaining grant funds from area lawmakers who are in top state leadership positions who can earmark state grants for the City and said he had been trying to tell this to Council for many months. He asked why we cannot have a fire station like the one in Orchid Island; asked who is going to lead us and seek grants; and said we are going to have major parking problems along the Riverfront. Mayor Coy asked him to keep to the subject of the fire house. Mr. Gilliams said he is talking about six acres the City could obtain. He asked if there had to be a death before the leaders of this community act, and said if things were moving in the direction he thinks they should be moving in he would not have to keep coming here time after time and this location was proposed to Mayor Burkeen when he was here. Louise Kautenberg, Sebastian, said we need to have services on the east side of the railroad tracks; said there a number of properties available that are zoned properly that would accommodate a fire station; and before we give away a piece of this complex, we need to investigate this further; and perhaps we do need two stations. Joe Baird, Indian River County Administrator, corrected information said here tonight: that they are simply exploring alternatives; noted Vero Beach gave the County property at the airport in exchange for airport coverage; and for the station on the river in Vero the City provided it to them for $1 per year; and that the US 1 site in Sebastian will no longer accommodate a fire station. He said the station prototype will be the same in every area except the one in Vero Beach which has a marine unit. He said they have looked at the old Wal-Mart site and it has ingress/egress problems and is in a flood zone. Mayor Coy said many people discussed splitting services and asked Mr. Baird if this was possible and Mr. Baird said it is better to run a full service station. He assured the public that there has been no loss of service. Ms. Simchick inquired about station 3 and whether it would be possible to rebuild station 9 as ambulance only. Mr. Baird said station 3 is going to be consolidated to a new station on 49`h Street as a full service station and reiterated it was most appropriate to provide full service and if Council wants us to go on the east side of the tracks the County will pursue that. The City Manager said the City has not been silent in this, had been in discussions with the County with several different options, but the County is looking at what is best and is ultimately responsible for the location of the fire station. Mr. Wolff asked Mr. Baird why, in the largest City in Indian River County, 28 months after the hurricanes, the County is just researching this and why wasn't the station rebuilt in the six months following the storms. 5 Regular City Council Meeting April 25, 2007 Page Six Mr. Baird said there were many stations damaged, but most had sufficient land to rebuild, some construction has now begun, but the station in Sebastian does not have sufficient land and a new location has to be found. He said there was $15 million in damages to the stations in Indian River County and it has been difficult working with the State. Mr. Neglia asked was there ever a possibility to get funding from the State Emergency Services or US government for this. Mr. Baird said there were attempts to get money, however it is not as easy as people think and they are making every attempt to get grant money. In response to Mr. Paternoster, Mr. Baird said all stations even though damaged were always in operation; and again reiterated the hardest has been this station because it does not have sufficient land, and again made it clear they are delivering services. He said the Vero Beach riverside station did not have enough land but Vero Beach gave them additional land for $1 per year for that station. John King said County staff first met with former City Manager Terrence Moore in 2004 about possible locations, and have been seeking property for quite some time. Ms. Simchick asked why the station could not be at the airport, and what could the County offer the City for the City property such as the US 1 property. Mr. King said distance was a problem and that he did not think they could drive across the airport. The City Manager said there is no access point to get quickly from the west side of the airport to Main Street. Mr. Baird said the County has cooperated with Sebastian and in fact purchased half of the Riverfront property (at Riverview Park South) because they thought it was a good idea and he is anticipating some problems with tax caps that may be coming. Mr. Neglia said he did not think Ms. Simchick understood the detriments to splitting services and where they should be located and tradeoffs; agreed we need a full service station; asked why we are even discussing the west side and asked for a consensus to say let's just let the County staff know whether we want it on the west side or east side and let them get on with their search. He said if anything we could use another ambulance on Barber Street. Upon questioning by Mayor Coy, it was the consensus of Council that they would prefer the station on the east side and that use of the property on the City Hall complex was unacceptable. Mayor Coy asked how we can assist the County in its efforts. Mr. Baird said the cost of the property they are looking at is located on Roseland Road east of the railroad tracks 6 Regular City Council Meeting April 25, 2007 Page Seven near the water tower and the price is $947,000 and they could probably tie it up very quickly. Mr. Wolff said although the messenger may not be palatable, the idea of the old Wal- Mart building site is a good site, and that property would make sense. Mr. Baird reiterated that property is in a flood area, and access is a problem; and stated the County spends an equal amount of money throughout the County. Mayor Coy pointed out she called a Special Meeting a year and a half ago to consider purchase of the old Wal-Mart property, and that the property was considered unacceptable by the County then as it is now, because of the flood zone. The City Manager said the asking price for that property then was $3.3 million with closing costs, and now we are asking the County to look at it again, when the cost for the other property on Roseland Road is $945,000. Ms. Simchick said she is very familiar with emergency services; but that it is the ultimate call of the County as to where they put the station. She said people need to understand that fire stations house people for days at a time and if the station is in a flood zone we would have problems. She thanked Mr. Baird for exploring options with us. After questioning each member of Council, Mayor Coy thanked Mr. Baird, wished him God speed, and thanked him for being so cooperative on this. Mr. Baird said he would guarantee they will keep the new station east of the railroad tracks and it will be a nice looking facility. Willard Siebert requested to speak from the audience but was told by Mayor Coy that Council was on the firehouse issue and debate was closed. Mr. Gilliams yelled from the back of the room and Mayor Coy called for order. Mayor Coy called recess at 8:38 p.m. and reconvened the meeting at 8:53 p.m. All members were present. 07.057 B. Discussion of Proposed Lanpuaae for Merger of Tree & Environmental Board - ~ ~ ~-~ 13 Tabled from 4/11 /07 (City Attorney Transmittal from 4/11 /07 Packet) The City Attorney said the transmittal includes existing language and suggested language if Council wants to consider the merger. Trish Adams, Chair, Environmental Advisory Committee, said she did not like the suggested mission statement; that the committee was pretty overall supportive and later found that there were one or two people on the Tree Board who were concerned. She suggested a joint workshop of the two committees and maybe a member of Council, City 7 Regular City Council Meeting April 25, 2007 Page Eight Manager and City Attorney, and said it would be a good idea to merge noting there is too much duplication of effort. Todd Klitinic, 1274 Barber Street, said it would be a great idea to pool resources. Mr. Neglia asked if we would have to name species, and the City Attorney said this phrase would be a catch all and would cover all species set out by agencies. Mr. Paternoster and Mr. Wolff agreed with a joint workshop of the two committees. Ms. Simchick said she liked the mission statement but should give them an opportunity to meet, and asked how the appointments will be made. The City Attorney said the less obtrusive way is to merge and decide upon an appropriate number, and through attrition come to that number. Discussion took place on the makeup of the board, whether they need to be defined positions or just concerned citizens. Ms. Simchick said there is a paid Environmental Planner on board and the committee should include concerned citizens. The City Attorney advised that several City committees have specific membership requirements but there is an out that allows for alternatives to be used if someone cannot be found to fill the requirements. It was the consensus of Council to table this until the joint workshop takes place and the committee can report back to us. 07.072 C. Review Meeting Procedures Resolution No. R-05-26 (R-05-26, Mayor CoY will 115-118 provide recommendations under separate cover) Mayor Coy had provided a recommendation prior to the meeting (see attached to minutes). Mr. Paternoster asked for a definition of inappropriate remarks and the City Attorney responded items off the subject matter and if under New Business from the Public it would be things the Council cannot act upon since it is not a general political forum. The City Attorney clarified that when it states talking to the chair, it is in its broader sense as representative of the Council. Mr. Wolff asked the City Attorney if someone came to Council and talked about the concrete plant and because it is a County decision, would this be considered an inappropriate remark. The City Attorney said the City would have standing to file an appeal to the plant under FS 163. He gave as an example of something that would not be appropriate would be if someone started talking about recall which is an issue that would never come before the Council; or if someone was name calling. 8 Regular City Council Meeting April 25, 2007 Page Nine Mr. Wolff then asked if someone wanted to talk about beach renourishment would this apply, and the City Attorney said if they were asking for Council to take a position on the matter it would be appropriate. Ms. Simchick said she was concerned that remarks considered inappropriate could be stifling someone's right to speak. She said when someone goes off subject matter they just need to be brought back to the subject, and wants to be sure we are all on the same page before we amend this that we are not stifling anyone. The City Attorney said the chair already has the inherent authority to curtail inappropriate language, asked and if instead you just wanted to say, "in controlling the meeting the chair shall follow the following," adding any decision of the chair is always subject to Council vote. Mayor Coy said maybe taking the word inappropriate out might be a good idea, since the Attorney advised none of this needs to be said, but she wanted it to be clear as to the normal policy and general procedure. Ms. Simchick asked if someone is speaking on a specific matter and is asked to sit down, would they be able to speak on another matter. Mayor Coy said they would. Joe Scozzari asked what happens if somebody on Council is not being civil to the public and said, "Don't stand there with that disgusting look on your face", which he said he thinks are uncivil acts and she is trying to push his buttons so she can have him removed. He said the Mayor is not Council's boss and it is up to Council to call a point of order and ask to hear "what the man has to say". He said Council members don't need to be the Mayor's puppet and do not have to listen to everything the Mayor says. He said he hopes they use their own minds and take a minute to really see what has been going on in this community with regard to himself and his wife. Mayor Coy said he is going into accusations and asked him to keep it to the issue. Mr. Scozzari said he thought he was staying on the issue and asked if anyone disagreed. Mr. Wolff said he recalled Ms. Simchick calling for a point of order at a previous meeting and he thought that Council is well aware that if one of the members is not following Roberts Rules of Order it is actually incumbent on them to call for a point of order. He said he thinks the reason Mr. Scozzari has not seen that to the levels to his satisfaction is not the fact that Council is being used as puppets, but the fact that they probably don't feel that that point, they want to get past that point, they want to move on. He asked him to carry on with what he was saying but please try to stay to the point. Mr. Scozzari said respect gets respect and disrespect begets disrespect, if you treat me human I'll treat you human, and if you lie to me I won't lie to you but I'll let the world know you lied, and treat everyone the way you want to be treated. 9 Regular City Council Meeting April 25, 2007 Page Ten The City Attorney cited the process for appealing a decision of the chair can be one single member appealing, which would then result in a vote. Damien Gilliams, 1623 US 1, agreed with Mr. Scozzari, and said according to Resolution R-05-26, the Mayor wouldn't let him speak under public input on agenda items but the Mayor let somebody else speak. Mayor Coy asked him to tell Council exactly what agenda item he was referring to for which they did not follow protocol. Mr. Gilliams said he was talking about Mr. Siebert and the firehouse item. He then read from the title of the agenda item "Public Input Regarding Relocation of Fire Station #9", and just because he got up once doesn't mean he can't come up again, especially when you have someone from outside the County giving you hogwash. He stated he wanted a chance to debate the issue and get the facts straight and yet she wouldn't acknowledge him when he raised his hand. He read from the resolution Section 7 Public Input on Agenda items, "Individuals who wish to address the City Council on items where public presentations are permitted on the agendas shall address the City Council immediately prior to deliberation," and said she never closed the public input and let other people speak. Mayor Coy said this was not a judicial hearing. Mr. Gilliams asked her to play by the rules and it is not right for her to allow other people to speak when she shut him down. Again Mayor Coy asked who was allowed to speak and Mr. Gilliams responded, Mr. Siebert was allowed to speak. Mayor Coy said Mr. Siebert did not get up to speak, and Mr. Gilliams said she was right that he spoke from his chair and he did not see the gavel go down. Mayor Coy said this is not a debate; that Mr. Siebert was not allowed to speak nor was Mr. Gilliams and after the discussion was over Council took a break, so the accusation has no merit. Mr. Gilliams said the reason Mr. Siebert did not speak is because he spoke over him. Mayor Coy asked him to move on to his next point. Mr. Gilliams asked why Mayor Coy dropped this backup on the Council at the last minute and they don't have a chance to review, and asked if she has something to hide. Mayor Coy said this sounds like an accusation and said this is his first warning and asked him to address the issue. Mr. Gilliams asked why she was bringing things under separate cover to her cohort members at the last minute not giving them time to review. 10 Regular City Council Meeting April 25, 2007 Page Eleven Mayor Coy said there is no formal decision coming tonight and she is seeking consensus and that the resolution has to be brought back for formal action. Mr. Gilliams said if the City Manager has a deadline of noon Thursday, and he types in there "Mayor Coy will provide recommendations under separate cover", what is it that she is concealing. The City Manager said the deadline is aself-imposed arbitrary deadline from the City Manager for information from department heads to make the agenda. He said so the speaker understands it is more an internal staff process. Mr. Gilliams said let's do it right so there is time for review by the public. Mayor Coy began to speak and Mr. Gilliams called for a point of order. The City Attorney said as the City's parliamentarian, the public has no right to call point of orders, and the subject of the agenda is the resolution and not the process by which staff prepares an agenda. Mayor Coy said Council is not trying to pull wool over anyone's eyes, this is not aquasi- judicial hearing, this is a resolution which will come back for public input. She said his accusations are off-line and it will be addressed at another meeting should Council give its consent to her recommendation. Mr. Gilliams continued trying to clarify the "under separate cover" issue and Mayor Coy asked him to take his seat. Willard Siebert, 1013 Indian River Drive, said this resolution is long overdue and is something we need and citizens have a right to attend meetings without disruption and have the business of the City carried on in an appropriate manner. Mr. Scozzari started to approach the podium and Mayor Coy noted he had already spoken on this issue. She then opened it up to Council discussion. Mr. Wolff and Mr. Neglia had no further comment. Mr. Paternoster said he had a problem with the word "inappropriate" and the City Attorney suggested "in controlling the meeting, the Chair shall use the following course of action", and then use the three steps. In response to Ms. Simchick, the City Attorney said the County simply follows the inherent authority of the Chair, and the City always did as well, but this is a really more of a chance to set that out in concrete so there is no question that it is more strictly enforced on some and less strictly on others. 11 Regular City Council Meeting April 25, 2007 Page Twelve It was the consensus of Council to bring forth in resolution form the suggested changes offered by Mr. Paternoster. D Executive Session -Added to Agenda The City Attorney requested an executive Attorney-Client session in the case of J & S Aviation vs. the City of Sebastian. He then described the executive session process under Florida Statutes 286.011 for Council and suggested next week. Discussion took place on the requested meeting with Fellsmere on May 7th and Mayor Coy said she would like them to come to Sebastian so the meeting can be broadcast and asked the City Manager if this could be arranged. It was decided to have the Executive Session on May 2, 2007 at 6 p.m. The City Attorney said he would like to brief each Council member individually along with the City Manager and Airport Manager at Council's convenience. 12. NEW BUSINESS 07.093 A. Consider Waiver of Temporary Use Permit Fees in the Amount of $125 for American 119-121 Legion Post #189 Fundraiser (Transmittal, American Legion Letter) The City Manager stated that temporary use permits are approved administratively, however, they were seeking a fee waiver. Peter Marquis, Commander, American Legion Post 189, said the fee was unexpected for them, that they provide scholarships for the high school, and were seeking a fee waiver for an American Gun Show. Mr. Wolff asked the City Attorney to explain the fee, and the City Attorney explained said it is a temporary use permit for an event in accordance with code and they are seeking a waiver from the permit fee. Mr. Wolff asked if they anticipated a member of the police force needing to be there. Chief Davis said in reviewing the application for the permit, they have adequate security setup, and will not need police presence. Mr. Neglia said there is no date listed for the event and was told it is this Friday and Saturday. Mr. Paternoster asked how many people are anticipated, and was told they expect about 200, and the guns will be secured. 12 Regular City Council Meeting April 25, 2007 Page Thirteen At Mr. Wolff's request it was clarified that this is a gun show on the American Legion property, and the vendors are federally registered dealers. Ms. Simchick pointed out all Council is being asked is if the fee would be waived. On MOTION by Mr. Paternoster and SECOND by Ms. Simchick, the temporary use permit fee for the Gun Show at the American Legion Post #189 was waived on a roll call of 5-0. B. Consensus on How to Proceed Regarding Charter County Government Mayor Coy said all municipalities have agreed to look at an interlocal agreement, however, the County is planning to take action to go forward on the Charter government issue on May 1 S' and perhaps set it for an August ballot and the City needs to notify the County we need more time to review the issue. She sought consensus of Council to inform the County of the City's intention to participate and request an extension to allow the City to identify our concerns. The City Attorney said Fellsmere has done an "initiating resolution" expressing they want to discuss their concerns with the County, and if the City of Sebastian does not respond, the City will be bound by whatever is agreed to. The County has to negotiate with them by law. The City Attorney explained the questions are #1) that we do want in fact to participate in the interlocal agreements, #2) the City representative needs to receive formal acknowledgement of our intent to participate at Tuesday's County Commission meeting, and #3) the Mayor is asking to represent the City and let the County know that interlocal agreements are our preference . He further explained that he will need to meet individually with members to identify negotiating options, then workshop, and authorize a responsive resolution at May 25'h meeting. He stated the County's ordinance being considered Tuesday will set an August special election for the question of going to a charter county which could take over all of the City's density and height decisions. Mayor Coy said at the meeting of the five Mayors, all five municipalities said they wanted to have interlocal agreements as the first resort. She said she did ask the County Commissioners to table the ordinance if Fellsmere will table their planned annexations but she did not receive a commitment from all five commissioners. Mr. Neglia said Commissioner Wheeler said he would hold off on the Charter ordinance if Fellsmere would hold off on annexation. Mr. Neglia said not much is known about either option and there has not been public input and it seems the cities are just fighting each other and the cities need to go to our representatives. Mayor Coy said Council needs to ask for time to educate ourselves and educate the public. 13 Regular City Council Meeting April 25, 2007 Page Fourteen Mr. Wolff said the City should explore the interlocal agreements, that there doesn't seem to be a downside. He said half of the voters will be out of the County in August and is not a time to be holding elections. Ms. Simchick said the argument for charter was to control density and height, and it gives the power to the voters, the problem is the County has not written the document yet, they are merely asking if they should create a document. She said she heard the County felt left out of the Mayors' meeting, and noted that Commissioner Bowden did point out that August would be a bad time for an election. She said she is not clear on the purpose of meeting May 7th with Fellsmere, and wanted to know why Council would meet with them. The City Manager replied the two different issues colliding are the charter ordinance and Fellsmere's resolution of initiation resulting in the two entities meeting. He stated the City's position on the charter has not been presented to the County, the public will have input and the managers will probably present their support for intergovernmental planning at the May 1St meeting. He said at the May 7th workshop, the City and Fellsmere can discuss how the charter affects us and other interlocal government issues so the City can respond to Fellsmere's initiation. He further explained at the May 9th meeting, the City will have an outline of a resolution for model response to Fellsmere. He said Fellsmere has asked the cities to look at annexation, height, and land use. He stated he feels the City has the most to lose and it is critical to talk about everything--road structures, height, river development which would be about ayear-long planning discussion and by the May 25th meeting, discuss the response due statutorily by June 17th. He said either way, the City will need to protect its service areas. In response to Ms. Simchick's question related to meeting with Fellsmere or the County alone, the City Attorney explained that Sebastian has interests on both sides. He gave the example that Fellsmere has not put the pending 20,000 acres on the table, but the area up for discussion contains property once requested to be annexed by the City. He said the entities need to talk if the 20,000 acres is annexed into Fellsmere as to how they will be served. He said the City may want an economic center or employment center on the parcel, the City should speak individually and meet with them. He pointed out there is a draft charter document to look at. The City Attorney also pointed out the legislature is moving on a special act concerning the urban service area but that it has changed character, and this should also be considered. He said he was told that before Commissioner Wheeler would agree to hold up the charter, he wanted Fellsmere to withdraw the application and refund the fee, but Fellsmere was concerned that the county would then slam the charter ordinance into place. He compared it to the distrust of the Cold War nuclear arms race, and in the escalation Sebastian will get radiated in between them. He added some negotiations can be boundaries, and zoning specifications. He concluded that the drafts of the charter have changed after questions have been raised as to whether the referendum on Urban Service Area Boundaries is still legally viable. 14 Regular City Council Meeting April 25, 2007 Page Fifteen Mayor Coy said she spoke to Commissioner Wheeler this weekend and he reiterated to her that his position was very clear--that the Fellsmere annexation has to be off the table and money refunded, application withdrawn. Mr. Wolff asked what would happen if the interlocal process took one year, and there is an election in November passing the charter. The City Attorney said all the professionals involved believe the cities should still go forward with the interlocal agreements because the charter is going to turn over a number of planning functions to the County and the Cities can still agree on how the County will address planning functions. He said Fellsmere has two annexations they are intent on doing, but before they finalize the annexation agreement they could bring the other governments in to help plan. He noted that it is not a matter of choosing sides between the County and Fellsmere because Sebastian won't come out ahead either way; we must seek some middle ground that addresses Sebastian's concerns. Mr. Negila asked what effect the meeting with Fellsmere would have on the interlocal agreement with the other three cities. The City Attorney said most of the southern part of the County is only concerned with height and density, noting it is the details of Fellsmere's continued growth which would greatly impact Sebastian. The City Attorney said the south's primary concern is to protect the character of the County without losing control of their destiny as they would with a charter. Mayor Coy said the City is already being affected by Fellsmere residents and if Council doesn't speak up, the City will be overwhelmed and Council should have spoken up months ago. Ms. Simchick said she did not want to join forces with the County and fight against Fellsmere and asked if Council should invite the other cities to this meeting. Mayor Coy said we need to carve out agreements with our immediate neighbor. The City Manager said Ms. Simchick brings up a good point, but for the last month the City Managers and City Attorneys have been meeting, including the County and the common thread is three cities to south are concerned with height, density; the two cities to the north are focused on service, height, density, transportation, annexation; and the County shares some but not all of Sebastian's concerns. He said it is critical for the City to talk to Fellsmere on record especially on the Ausin parcel east of I-95. Mayor Coy said three things can happen at the County meeting: #1) the ordinance can pass #2) it can not pass #3) if we ask for an extension this could be postponed by three votes; and personally she is not sure if Charter is not the way to go, but she would hate for it to go steamrolling over us without time to explore options and the City needs to ask for time. Ms. Simchick said from her point of view she supported asking for time. 15 Regular City Council Meeting April 25, 2007 Page Sixteen Mr. Wolff said he was fine with asking for time without taking a position and perhaps ask for a timeframe. Mayor Coy asked for Council's permission for the City Manager or her to ask for time without a commitment. The City Attorney said if we are going to do this successfully we want to do this comprehensively, but six months will give us time to know if we are making progress on doing this comprehensively, and to do it right it will be a year because it is mapping out the next 20 years of Indian River County growth. It was the consensus of Council to ask for more time on May 1 S` at the County Commission meeting. On MOTION by Mr. Paternoster and SECOND by Mr. Neglia, the meeting was extended on a voice vote of 5-0. 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 John Oakes, 593 Birch Court, sought help from Council with an injustice in the judicial system relative to two border patrol agents who are imprisoned for attempting to apprehend and wounding an illegal alien drug dealer He asked them to send letters to Congress, and support House Bill 593 which would pardon the agents. Trish Adams, 47 River Oak Drive, Sebastian, thanked City Council and staff for the soggy Earth Day event and thanked all schools, businesses and individuals who participated. She asked why Fellsmere's annexation is not being reviewed by Treasure Coast Regional Planning Council. Mr. Neglia responded that it was. Joe Scozzari, thanked City staff and Mr. Paternoster for meeting with him to discuss some of his issues. He asked people to contact him as about the gang issue and would like the name Gang Task Force changed to some kind of adolescence opportunities, gave his number at 589-2682 and hoped to get more people involved in the community. Mr. Paternoster noted the Gang Task Force is voluntary and is not affiliated with the City. Mr. Scozzari said they would like to organize as anon-profit and make it for older kids. Mr. Wolff asked why has the gang issue seemed to dissolve, was there ever a gang problem, and said the City may be vulnerable to nearby gangs and why would the name with `gang' suddenly be pushed out. Mr. Scozzari said he always thought if we talked 16 Regular City Council Meeting April 25, 2007 Page Seventeen about gangs it would bring other gangs to see what was going on here, and that he believed the City never really had a real gang problem. Willard Siebert, congratulated the City on the boat ramp and Yacht Club improvements. Todd Klitinic read from a March 28th Press Journal article in which the Police Chief states that though crime is up, solving it is down and this says the City needs more officers because the City is below state guidelines. He thanked Council for allowing the Relay for Life event to be in Friendship Park and said he would be participating in the event. Don Wright, 720 North Fischer Circle, Sebastian, discussed that during the Sebastian Preserve acquisition he thought the Fleming Street extension would go away, though he is hearing it is still under consideration and planned. He said he has repeatedly requested and been denied engineering studies that were completed; and asked Council to make a complete review of this matter which may cut through the Preserve and bring it out to the public. Ms. Simchick said this has been a revolving door and that Council needs to put it on our next agenda for public input and make a stand as a Council. The City Manager asked that this be put on the May 23~d agenda to give staff time to compile the information needed to report. He added the project has been on the books for a long time. Mr. Wolff asked if it was Mr. Wright's opinion that this needed Council's immediate attention. Mayor Coy asked that staff be given time to gather information for the May 23~d meeting. Damien Gilliams said he has not received an official response on his Paradise Marina site plan and had been assured by the City Manager he would get a response by the end of March. 14. CITY ATTORNEY MATTERS -None 15. CITY MANAGER MATTERS -None 16. CITY CLERK MATTERS -None 17. CITY COUNCIL MATTERS A. Mr. Paternoster -None. B. Ms. Simchick stated she was told that Mr. Gilliams would receive a written notice by the end of March and she asked what the delay was. The Growth Management 17 Regular City Council Meeting April 25, 2007 Page Eighteen Director said draft comments were transmitted to Mr. Gilliams; as well as comments were transmitted in January to which staff has not received a response. She stated they could certainly be stamped formal and given to him. C. Mr. Wolff -None. D. Mayor Coy thanked everyone for the Earth day event. She reiterated for public's benefit the May 7th meeting with Fellsmere, the CIP Workshop on May 9th and the Executive Session scheduled for May 2"d E. Mr. Neglia -None. 18. Being no further business, Mayor Coy adjourned the Regular Meeting at 10:58 p.m. Approved at the 5% 9% 2007 Regular City Council meeting. Andrea B. Coy, Mayor ATTEST: ~~~-, a Sally A. Maio, -City Clerk 18 ~§' ~ F~q s Indian River County • ~~ ~~ .,~ ~ Board of County Commissioners ~~~ ~~ '`~ J•°~ Department of Emergency Services ,~~NCY S~Q- 1840 25th Street, Vero Beach, Florida 32960-3365 April 19, 2007 AI Minner, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 ~~ Dear Ma;~ er: At the Sebastian City Council Meeting last week, the Council requested additional Call For Service (CFS) data within the city prior to the April 2Sa` meeting. Attached please find four (4} pages of information. The first is a graphical distribution of CFSs for calendar year 2006: you will also note the railroad tracks are indicated in white. The second page identifies sectors used by Law Enforcement and Fire-Rescue dispatchers to send the closest available units. Using page 2 as a reference, pages 3 and 4 provide general information related to the type of call. Should you have any questions or need additional information, please call me at 567- 8000 extension 1225. Sincerely, John King Director Department of Emergency Services Attachments: I have provided ten copies for distribution to the City Council and staff as you deem appropriate. cc: Joseph Baird, County Administrator Michael Zito, Assistant County Administrator File Division of Division of Emergency Metlical Services Animal Control 772-567-8000 772-567-8000 Ext. 1217 Ext. 1446 SUNCOM 224-1444 Division of Division of Fire Services Emergency Management 772-562-2028 772-567-8000 Ext. 1444 FAX (772) 567-9323 \v f~ 2 ~~ .~.. .4 , ~ r \~~.~ 65 L 70 a~ .~ 10TH pL ST ,J T ,q 1 ~ ~~, NTY ~~ Ta B t- rn ~~ RIVER HIGH SCHOOL f 86TH AV Q '<~i ~V scr~oo~ 85TH ST ~-- Q i/ ~ t- ~ M t- F= ~ ~ ~ to > > u~ v ~. ~' ~~ P -. ~ -„ 1 0 ._ ~.~. 0 N 0 M N L O +~+ U N Cn N O U N (/~ d7 O U (/~ L 0 U N (/~ O L U N (!) O O U 0 0 0 0 0 0 ~n o ~n o ~ N N ~ ~ cn OU° ~-- ~ ~ L W rn O ~ 0 U w rn o ~J F ~ OUP H °'~ i O ~ U w°'`- (/~ J Z 0 0~° N ~ O L O Wrn0 U ~ (n M _ ,.._ ... ,. O o~N ~ W rn v L O ~ a~ t~ W ~ ~ ''~^^ ~~ vl 00 N OU O ~ W rn _ L O N ~ (~ ap W O ~ C~ 0 ~~~ ch Q 0~~ ~ O L N WPM o ~ - U o ° w~`- N ~ O O O O O O O O ~ O ~ O ~ O to M M N N ~ ~- Recommended additions to Resolution No. R-05-26 SECTION 7. PROCEDURES FOR SPEAKERS AND INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC. F. Public Input Addressed to Chair. All public input shall be addressed to the Chair unless answering a question of a member of City Council or City staff. ADD to F above Inappropriate remari~s from the public will be handled by the Chair in the following manner. 7. First Offense -verbal warning to move on. 2. Second Ofifense - offender is directed to be seated. 3. Third Offense (refusal to be seated or other disruptive acts) - offender will be asked to leave the premises.