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HomeMy WebLinkAbout05232007~rv~ ~~, ?~N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 23, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the Regular Meeting to order at 7:02 p.m. 2. The Pledge of Allegiance was recited. 3. A moment of silence was held. 4. 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: City Manager AI Minner City Attorney Rich Stringer City Clerk Sally Maio Deputy City Clerk, Jeanette Williams Airport Director Joe Griffin Building Director Wayne Eseltine City Engineer Dave Fisher Acting Public Works Director Jeny Converse Finance Director Shai Francis Growth Management Director Rebecca Grohall Police Chief Jim Davis Engineering Department Brian Grzesiak MIS Systems Analyst Barry Siepmann Regular City Council Meeting May 23, 2007 Page-Two 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon a unanimous vote of Ciry Council members (R-07-18) The Mayor noted Rex Nelson requested carrying forward item #8A-Report on Concrete Plant to the June 13th agenda; and she requested the addition of an item under Presentations which would be a Memorial Day Proclamation and invitation for the public to the Monday, May 28, 2007 event at the Veterans' Memorial in Riverview Park at 11:00 a.m. On MOTION by Ms. Simchick and SECOND by Mr. Neglia, the agenda was modified as requested on a voice vote of 5-0. 7. ITEMS CARRIED FORWARD FROM MAY 9 2007 REGULAR MEETING 07.071 A. First Reading of Ordinance No. 0-07-07 -Parks & Recreation Advisory Modification of Committee Membership Composition -Set Public Hearing for June 13, 2007 (City Attorne~Transmittal, 0-07-07~ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE SECTIONS 2-212 AND 2-213 TO CHANGE THE SIZE AND COMPOSITION OF THE PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read Ordinance No. 0-07-07 by title, and Mayor Coy opened the public hearing at 7:04 p.m. Don Wright, North Fischer Circle, said he agreed with seven members, but requested that Council allow a four member quorum at this time until they have a sufficient number of members. Following some discussion, it was the consensus of Council to keep the membership at five regular and add two alternates. Damien Gilliams asked if he could speak to Introduction of New Business from the Public because he noticed it did not follow the items carried forward and asked if there was a mistake. Mayor Coy asked him to speak to this ordinance, he continued to question the location of Introduction of New Business from the Public and she asked him again to keep to the subject or take a seat. He took his seat. On MOTION by Mr. Neglia and SECOND by Mr. Paternoster, Ordinance No. 0-07-08 was passed on first reading as amended to five regular members and two alternates and the public hearing set for June 13, 2007 on a roll call vote of 5-0. 07.106 B. First Reading of Ordinance No. 0-07-08 -Charter Review Committee Meeting Time -Set Public Hearing for June 13, 2007 (City Clerk Transmittal, 0-07-081 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, SECTIONS 2-231 AND 2-232 REGARDING MEETING TIMES AND PROCEDURES FOR THE CHARTER REVIEW COMMITTEE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. 2 Regular City Council Meeting May 23, 2007 Page Three The City Attorney read Ordinance No. 0-07-08 by title, Mayor Coy opened the hearing, however, no one from the public requested to provide input. On MOTION by Ms. Simchick and SECOND by Mr. Paternoster, Ordinance No. 0-07-08 was passed on first reading and the public hearing set for June 13, 2007 on a roll call vote of 5-0. 06.076/ C. Shift Capital Project Funding from Barber Street Realignment in the Amount 07.107 $400,000 and 2007 Road Paving Program in the Amount of $112,571 to Easy Street Renovation Project (Finance Transmittal The City Manager explained the purpose of the shifting of the funds from the Barber Street realignment to Easy Street improvements. Damien Gilliams asked what the thickness of the road would be. The City Manager said there would be 1%2" of asphalt over the base. The City Manager explained the base is more important at the advise of the engineer. Mr. Gilliams asked if there would be a provision for detouring traffic during construction and the City Manager said this will be done during the construction phase. Mr. Gilliams asked what Council will do about Barber Street realignment when it needs to be done and the City Manager said Easy Street is more important at this time and considered a needed repair project. He continued by explaining Barber Street is a long range plan and the MPO does program some funds for this feeder road in the future. Mr. Gilliams suggested asking for a letter requesting funds from the state legislature for capital improvement projects. Mr. Wolff said he was disappointed that no one came to address this project, said he felt it is a priority and that Barber realignment is not a priority. He said a pet peeve of his is that the City does street construction typically in November and December when the population grows and perhaps the City can move up the construction start. Mr. Paternoster agreed it is a worthwhile project. In response to Mr. Paternoster, the City Manager stated that the $100,000 in funds would be from local option gas tax, not part of the property tax issue up for debate at the moment and Swale design, paint for striping, and consulting costs between $5,000-10,000 is calculated into these figure. Mayor Coy agreed that this is overdue and a priority. Mr. Neglia asked the time limit and the City Manager said there was no limit but there are some benchmarks set and the time depended on permit acquisition and weather. Regular City Council Meeting May 23, 2007 Page Four On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, it was moved to approve the transfer of project funding from the Barber Street realignment in the amount of $400,000 and the 2007 road paving program in the amount of $112,571 to East Street renovation project with a roll call vote of 5-0. 07.108 D. CitYManager Matters -Report on Final Draft of Code Enforcement Guidelines (Final Guideline) The City Manager said he brought this to Council's attention but said it did not require Council approval. Mr. Paternoster said he did not see any information about the functions of the Code Enforcement Division nor could he find any provision relating to the Florida Statutes requiring keeping names confidential. The City Attorney explained that if a public record is not created the citizen could remain anonymous, however if you state your name on a voice mail or create an a-mail a public record is created. He further explained information kept in one's head is not a public record. Mr. Paternoster suggested the record of activities should include the time of the call, location, disposition of call, time call was over, whatever happened and a computer record. The City Manager reiterated the document is an administrative issue and a log of type of violations was considered but Mr. Paternoster's concerns could be added. Mr. Paternoster said if he were a Code Enforcement officer he would have no idea what he was supposed to do. The City Manager said the officer would look to his supervisor and job description for guidance. Mr. Paternoster said there does not seem to be anything about supervision in the document, and asked if the manual is a basic concept and if everything else would be done by some other entity. Mr. Paternoster said the guide doesn't really say much of anything. The City Manager agreed, stating the guidelines are not really necessary but staff has done their best in response to his directive and said he would be held accountable if the division was not doing their job. Mr. Paternoster said the guideline doesn't point itself to the officer, it should be more of a standard operating procedure. MOTION by Mr. Paternoster with a SECOND by Mr. Wolff for discussion, to table the item to provide more input. 4 Regular City Council Meeting May 23, 2007 Page Five Mr. Neglia asked if the document provides for officers to go outside a designated area. The City Manager said it did not and said standards are set for professional staff. The City Manager offered to provide additional detail; confirmed the officers do go beyond their areas; and advised against drafting a restrictive document. The City Clerk asked the City Attorney if discussion should follow a motion to table to which he said it should not. On a roll call vote of 3-2, the motion to table carried. (Coy, Neglia -nay) 8. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS Added A. Memorial Dav Proclamation Mayor Coy read the proclamation and said she will present it at the Memorial Day event at the Veterans' Memorial in Riverview Park on Monday, May 28, 2007. 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. A. Approval of Minutes - 5/9/07 CIP Workshop B. Approval of Minutes - 5/9/07 Regular Meeting 07.110 C. Approve Appropriation and Expenditure of Up to $11,000 from Drug Forfeiture Account to Fund 2007 G.R.E.A.T. Program as Allowed by State Law (PD Transmittal) Mr. Paternoster removed item B. On MOTION by Ms. Simchick and SECOND Mr. Neglia, items A and C were approved on a roll call vote of 5-0. Item B Mr. Paternoster corrected circle page 49 under his matters, stating he said he had requested naming the airport administration building after Terry Hill. The City Clerk agreed and said it would be fixed. Regular City Council Meeting May 23, 2007 Page Six On MOTION by Mr. Paternoster and SECOND by Mr. Neglia item B was approved as amended on voice vote of 5-0. 10. COMMITTEE REPORTS/RECOMMENDATIONS 07.057 A. Tree and Landscape Advisory Board/Temporary Environmental Advisory Committee (Clerk Transmitter i. Report on Merger from Board Members Maureen Cummings and Todd Klitinic, members of the Tree Board and Environmental Committee respectively, addressed the Council and said the committee members met and were recommending the merger on a 10-0 vote. Mr. Klitinic commended Damien Gilliams for participating in the meeting. City Council Direction to Prepare Ordinance Mr. Paternoster asked about re-submitting applications because this is a new committee. The City Attorney stated he anticipated combining the current membership. Mr. Paternoster reported that many people want to keep the boards separate but because the committee members want to combine he would support it. Mr. Wolff reiterated that he heard from residents to keep the committee separate. He said he did not have a warm and fuzzy feeling about this and stated some board members felt they were run off. It was the consensus of Council to direct the City Attorney to draft an ordinance. 07.012 B. Construction Board i. Remove Greg Conover for Three Consecutive Unexcused Absences In Accordance with Code Sec. 2-173 (City Clerk Transmittal 5/15/07, Code Section A MOTION by Mr. Neglia, with a SECOND by Mr. Paternoster, was made to remove Mr. Conover for three unexcused absences. Mr. Paternoster suggested that Council members individually talk to applicants to ensure their commitment. Mr. Wolff suggested there be some attempt by staff to contact the members to make sure the member is not ill. 6 Regular City Council Meeting May 23, 2007 Page Seven Mr. Paternoster suggested that someone who misses two meetings be contacted to notify him/her that one more unexcused absence would prompt automatic removal. A voice vote carried 5-0. 11. PUBLIC HEARING -None 12. UNFINISHED BUSINESS 07.105 A. Charter County/Interlocal Agreement Issues i. Resolution No. R-07-21 -Response Resolution to Fellsmere Resolution No. 07-H -Interlocal Service Boundary Agreement (City Attorney Transmittal, R-07.21) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PURSUANT TO FS 171.203 RESPONDING TO THE INVITATION OF THE CITY OF FELLSMERE TO NEGOTIATE AN INTERLOCAL SERVICE BOUNDARY AGREEMENT. ii. Resolution No. R-07-22 -Temporary Urban Service Interlocal Agreement A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA AUTHORIZING AN INTERLOCAL AGREEMENT TO MAINTAIN THE STATUS QUO DURING NEGOTIATIONS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE. The City Attorney explained the purpose of each resolution. Ruth Sullivan commended the Council for moving along with this, noting that people don't want a huge town. Damien Gilliams, Sebastian, said it is a shame that the City has to be in a reactionary mode, and suggested that the City plan for the future. Louise Kautenberg, Sebastian, said it is about time, said that just stating no to growth did not stop Houston from moving in on surrounding little towns in Texas. She urged Council not to let that happen here. Mr. Neglia said this Council is not standing still, that he hoped this does not take a year. For the public's benefit, he read the issues listed on circle page 61 that Sebastian is concerned with. Mr. Paternoster asked the City Attorney if this resolution would stop the County from implementing a charter government, and the City Manager responded that if the County goes to a Charter government, the City will be released from the agreement. Mr. Paternoster said this Council has been pro-active but should have been seeking commercial annexation. 7 Regular City Council Meeting May 23, 2007 Page Eight Ms. Simchick said Fellsmere can still keep filling out new applications but cannot go through with them. The City Attorney agreed that is the case. Mr. Wolff said it is his point of view that the City's hands are tied, that Fellsmere is holding all the cards, that not all commercial or residential annexation is good, and that this is a complicated issue. Mayor Coy said she was glad Council had an opportunity to buy some time, and if done properly the City can set some limits, and it has to be a cooperative effort by all of the agencies. She said she attended a workshop in Fellsmere for the local folks, and some of the residents reported their streets are not even paved yet but the new developments will be. She said they were told they could request paving and then be assessed. Mr. Neglia asked if the County wanted to go charter, would they have to bring it up again, and the City Attorney said it would have to be done by ordinance. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, Resolution No. R-07-21 was adopted on a roll call vote of 5-0. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, Resolution No. R-07-22 was adopted on a roll call vote of 5-0. Mayor Coy called recess at 8:15 p.m. and reconvened the meeting at 8:34 p.m. All members were present. 13. NEW BUSINESS 07.111 A. Fleming Street i. Traffic Modeling Presentation by Phil Matson, IRC Traffic Engineer/MPO Phil Matson, IRC MPO, gave a power point presentation explaining the function of the Metropolitan Planning Organization, which was first established in 1991, and noted Council Members Simchick and Paternoster are members of MPO. He stated that the Fleming Street extension is not a new plan and is included in many plans going back to, as far as he has heard, a couple of decades. He said MPO is concentrating on its major roads. He stated a Long Range plan is needed to receive funding and any changes made to the Long Range plans are subject to all requirements of plan adoption. The City Manager said this item was requested by Council Member Simchick and this discussion has been precipitated by the Sebastian Harbor issue. The City Attorney said the City does not have final say in this matter, only a recommendation. The City Manager clarified that this is an MPO issue, and the County is seeking Council's recommendation. He then stated the two alternatives they are seeking from Council are A) to purchase all of Sebastian Harbor with 8 Regular City Council Meeting May 23, 2007 Page Nine Land Acquisition funds which can close the Fleming corridor or B) keep the Fleming corridor open with buying the portion of the corridor with impact fees and the rest of the 162 acres with Land Acquisition funds. Mr. Wolff asked Mr. Matson asked if zero emission vehicles have been factored in this analysis, and Mr. Matson responded said this is an EPA model which takes many factors into consideration including alternative fuel vehicles. Council Member Simchick Presentation (2 Pgs City Comprehensive Plan) Ms. Simchick said in January 2003, a grassroots effort resulted in a preserve saturated with wildlife. She said the Land Acquisition Committee strongly recommended against developing Fleming Street, explained it was surveyed last year (20 years ahead of the planned development) and if it was purchased with bond money and the City put a road through it, the City would have to buy back that land which would be difficult. She said the property is scheduled to be paid for in July. She said the County Commission is asking if the City wants the Fleming Street Extension on or off the City's comprehensive plan. She said the comprehensive plan is from 1999, and exhibited a page off the traffic element. (which is included in the agenda packet) She said the comp plan is overdue, and thanked Mr. Matson for presenting here tonight. Ms. Simchick exhibited a transportation page from the county comprehensive plan depicting Fleming Street to go from Easy Street to Schuman, not US 1, which is how it was surveyed last year. She further explained difficult considerations such as a private residence that would have to be taken by eminent domain, railroad crossing, and that it lines up with the proposed concrete plant. She said the City should jump on the comprehensive traffic element soon to alleviate traffic, send a message to the County that the City does not want this extension on the comprehensive plan, and let them know if they need to build this road for us. She closed by saying the funding from the Florida Communities Trust may reimburse $6.6 million of the purchase price but it could be jeopardized with the road extension through a pristine preserve and with that she introduced former County Commissioner, Grant Writer Ruth Stanbridge. a. Ruth Stanbridge Grant Reimbursement Ruth Stanbridge said for over 25 years she has written grants and they must be defendable, and a successful grant is one where problems have been identified and resolved, said County staff has done an excellent job in applying for and defending grants, question of constructing a future major road would be detrimental, a lack of commitment by City or County could work against approval of the grant by Florida Communities Trust, the best chance is to understand and anticipate all problems. 9 Regular City Council Meeting May 23, 2007 Page Ten Ms. Simchick added if the County received the $6.6 million back it will go back into the Land Acquisition fund to purchase another environmentally sensitive tract. Mr. Wolff asked why Council is not hearing this from Roland DeBlois that there is a potential to skip over this project. Ms. Stanbridge said the Land Acquisition Committee has seen this twice and Mr. DeBlois has indicated that the County will have to work with Florida Communities Trust on possibly purchasing the road in the future. She said she came tonight because Ms. Simchick asked her to be here because of her work on grants. Mr. Wolff said it would be Mr. DeBlois' fiduciary responsibility to let the residents know this and he has not made any of these remarks in his presentations. Mrs. Stanbridge said all details must be covered and Mr. DeBlois cannot not say that he will receive reimbursement on this project. Mr. Neglia said if the road went through he thought it would be rated high because many roads go through preserves. He stated he is not in favor of the road, for the record. He asked why Fleming Street was not included during the Land Acquisition Committee decision. Mrs. Stanbridge said LAC did not want the road in there because it would jeopardize the reimbursement. As the City's representative on the Land Acquisition Committee, Mayor Coy said the committee recommended the road not go through for many reasons. Mrs. Stanbridge said one of the reasons is the eagle's nest is actually too close to get permits from U.S. Fish and Wildlife to put a road in there. Mr. Paternoster asked when was the last time she wrote a grant for a property of this magnitude, Mrs. Stanbridge said with the Marine Resources Council for greenway along the St. Sebastian River. He asked if she was reimbursed and she said no which she attributed to the Marine Resources Council. He asked if she was actively participating in this grant and she said she was not. Ms. Simchick said it was a surprise to find out the action of the County Commission and staff recommendation to use impact fee money for the extension, and said she would like to hear from the public. Mayor Coy said the question in her mind is do we want to purchase with bond money or purchase the road and use bond money. She said if the City totally eliminates this out of the comprehensive plan the City may lose federal dollars for roads. She asked the City Attorney what Council is being asked to relay back to the County. 10 Regular City Council Meeting May 23, 2007 Page Eleven The City Attorney deferred to the City Manager. The City Manager said, "Find Council's position on the purchase of the property with all Land Acquisition Committee money or divide it." He said If Council wanted to use all Land Acquisition money that would eliminate the Fleming Street extension. Ms. Simchick said Council is supposed to consider the Fleming Street extension which affects the Preserve. She asked Mr. Matson if removing the extension from the comp plan will affect any transportation funds. Mr. Matson said there will be an incompatibility with the long range plan and the comprehensive plan that would have to be ironed out and approved by the MPO. He said if long range plans continued without the ability to handle the traffic, it would be questioned, but alternatives can be identified; however, the extension was added when the five-laving of Barber Street was dropped and there is hardly anything left to drop off. He suggested Council study it and find alternatives before taking it out. The City Attorney said the question Council is being asked as representatives of the citizens of Sebastian is do you want to keep the Fleming extension alive as a project. Ms. Simchick said if there was no preserve the City would want Fleming Street, the MPO wants to keep it on the plan, but the County wants to know if Council wants to keep it. Mr. Paternoster asked where it says the decision should be made tonight. The City Manager cited the a-mail he provided to Council before he went away. He said the information in the packet was from Council Member Simchick. Mr. Paternoster noted there was little information in the agenda packet and said he would move to table until Council receives the information needed in their agenda packet. Mr. Wolff said this item was brought before Council about a week before the County voted and the very question was posed to Council and there was concern if Fleming Street should be part of the purchase. The City Attorney replied it was put to a future agenda date. Mr. Wolff interjected this was about four-five months ago. Ms. Simchick remembered this and said Mayor McCollum recommended going back to the County because it is an MPO issue. The City Attorney said the City fussed to get the extension included as a project, and previous Councils pushed the MPO to bring this up on the list in lieu of five- laning Barber Street, but in the last year Council has heard objections with this road. He said the County has warned the City that if this road is not wanted, other avenues will have to be explored. 11 Regular City Council Meeting May 23, 2007 Page Twelve On a MOTION by Mr. Paternoster and SECOND by Mr. Wolff that this item be tabled until further information is provided in agenda packets failed on a roll call vote of 2-3. (nays-Coy, Neglia, Simchick) Mayor Coy read a paragraph of the City Manager's memorandum stating he was providing the information by a-mail and hard copy in their mailboxes. The City Manager stated for the record the memo was provided May 11th, 2007 and an attempt was made to leave the information for each member. On a MOTION by Mr. Paternoster and a SECOND by Ms. Simchick, to give each speaker a two minute time limit carried on a voice vote of 5-0. Kelly Mather, stated the City opposed Ocean Concrete by resolution and if they approve the Fleming Street extension the City will be approving Ocean Concrete. Ray Halloran, objected to the extension of Fleming Street. Jim Sunnycalb, 721 S. Easy Street, said he was instrumental in the purchase of the property and said the eagles nest is behind his house and will feed off the road kill that will happen. Pat Hall, Collier Creek Estates HOA President, representing 190 residents, collectively objected to the extension of Fleming Street. Bill Sandy, 542 Balboa Street, representing Sebastian Concerned Citizens Against the Concrete Plant, objected to the extension of Fleming Street. Perry Pasante, Easy Street, Collier Creek Estates, has seen violations on the streets in Collier Creek Estates and urged Council not to extend the street. Don Wright, North Fischer Circle, said Fleming Street does not change capacity and there needs to be a comprehensive look at these numbers by Sebastian and said this road will not solve traffic problems. Jim Gallagher, 766 Holden Avenue, said he smells big money in the proposed Fleming Street extension and asked Council to vote no. Ralph Brown, representing the owner of property in the area of the proposed extension, said the property owner is not in favor of the road and it's facilitation for the concrete plant and would like to see the City hold some public hearings in terms of what needs to be done. He recommended an overpass to Indian River Drive and asked Council to vote no. 12 Regular City Council Meeting May 23, 2007 Page Thirteen Louise Kautenberg, Sebastian, cited many roadways that go through national forests and preserves, said animals learn to adapt and the United States is not just for animals and plants but for the people and this roadway has been on the books long before anyone thought of a concrete plant. She said the issue is how many people will be affected and what neighborhood will be affected. Phyllis Manzi, 742 Holden Avenue, said the preserve is gift, the City has a responsibility to children and grandchildren to protect the preserve. She quoted her father who said, "God will not make more land." Norma Cox, 6308 River Run, said Natchez Trace is a recreational roadway, not much wildlife, and not an adequate comparison to the big national parks and asked Council to vote no. AI Manzi, 742 Holden Avenue, said he doesn't see all these trips being generated from Sebastian, there is an east-west conduit on CR 512 and 510. Ruth Sullivan, Indian River Drive, said citizens need to remember why they moved here and said the City has an opportunity with funding citizens voted for to keep the preserve pristine and undeveloped. Damien Gilliams, 1623 US 1, said something as serious as this should have more backup to make a decision. Judy Gallagher, Holden Avenue, said she does not see this as complicated issue and to risk losing bond money for the preserve would be ludicrous. Robin Meyers, South Easy Street, said she was at the Indian River County meeting where the decision was made and heard NIMBY (not in my backyard) and pleaded with Council not to extend the street. Brad White, Easy Street, thanked Council for the improvements they approved for Easy Street and allowing traffic to flow more smoothly for all residents. Robert Johnson, Easy Street, referenced a pamphlet put out by FPL regarding management of eagle habitat and noted 40% of their deaths are because of roadways. Richard Baker, Pelican Island Audubon Society and Chairman of Land Acquisition Committee, said the City needs to preserve what we have and will be a poster child. He suggested changing the name. Frank Meyers, South Easy Street, asked Council to try to be good stewards. 13 Regular City Council Meeting May 23, 2007 Page Fourteen Mr. Paternoster asked when the Commission needed an answer. The City Attorney said the County Commission will need a decision in June. Mr. Paternoster asked if Council could put this off to the June 13th meeting and give the Commission a response in time and the City Attorney said yes. Ms. Simchick said she was ready to make motion. She said the scales are different in comparing this to Yellowstone; the City has congestion that should be addressed now; and she said she is voting no to the road. Mr. Wolff said he voted to table because it is complex and he doesn't have answers at hand. He said there seems to be strong feeling there is connection to the concrete plant, and he would be naive to think there might not be conspiracy but doesn't think that is the case. He said he is fiscally prudent and believe it is all our money, and would like to know more the certainty of the bond. He said the irony is most people drive by the preserve and won't have access to it and if there was a road they could get to it. He said he would have liked to see greater representation of other residents of Sebastian. He added that Ms. Simchick is right, because he battles morning traffic, and the City is in a difficult situation. He said he is not sure how the City will resolve this in future, because it will may impact Englar and Barber as opposed to citizens on Collier Creek. He said he wanted more information and thinks it is being rushed a bit, will impact a lot of folks, and thanked everyone for behaving in a civil manner. On MOTION by Mr. Neglia and SECOND by Ms. Simchick, the extension of the meeting was approved on a voice vote of 5-0 to extend. Mayor Coy, 501 Palm Avenue, member of Land Acquistion Committee, said this was not in her backyard, said she voted for it because it is an outstanding project. She said it was clear in the Committee's vote not to extend Fleming Street and people who wanted the road could have called or e-mailed Council. Mr. Neglia thanked everyone who came tonight, said he was concerned about traffic going through there, asked if we are going to look at different areas and have people come and say, "Don't go through our road." In regard to the concrete plant he noted the extension was in the plan long before the concrete plant, and asked for confirmation of the grant reimbursement from Mr. Matson. Mr. Matson said he was referring to federal highway money and he understood Roland's position is that having the road will not jeopardize the grant. Mr. Neglia said the City will need to do something to alleviate traffic. Ms. Simchick made a MOTION to remove the Fleming Street Extension from the comprehensive plan to keep the preserve intact. 14 Regular City Council Meeting May 23, 2007 Page Fifteen The City Attorney advised her to modify the motion because to remove it from the City comprehensive plan will take a number of hearings. He advised her of the verbiage however, she began to restate her motion. The City Manager advised that the motion should remove Fleming as well as purchase the preserve with all of the Land Acquisition money. On MOTION by Ms. Simchick and SECOND by Mr. Wolff, recommendation to purchase the preserve with the Land Acquisition money in it's entirety and recommend removing Fleming Street from the City comprehensive plan carried on a roll call vote of 5-0. iii. Council Discussion 07.019 B. Emergency Ordinance No. 0-07-09 -Increase Additional Homestead Exemption for Low Income Seniors to $50,000 (Finance Director Transmittal, Emergency Ordinance 0-07-09) AN EMERGENCY ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR HOMESTEAD EXEMPTION; PROVIDING FOR APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read Emergency Ordinance No. 0-07-09 by title. The City Manager clarified the effect this will have on the City's budget. Todd Klitinic urged approval. Baxter Coston, 660 Balboa Street, said Council has to tighten its belt. Damien Gilliams urged approval for the senior citizens. Herb Mulford said seniors can hardly afford gas, give them whatever Council can. Mr. Wolff said people no matter what they are earning, are concerned about increases across the board. Mr. Neglia said it is not an easy decision but he will go along with it. On MOTION by Mr. Paternoster and SECOND by Mayor Coy, the additional exemption was approved on roll call vote of 5-0. The City Attorney said for the record he would bring back a permanent ordinance. The City Manager said he would like to bypass item C for D. 15 Regular City Council Meeting May 23, 2007 Page Sixteen 07.112 C. Approve Funding of $17,935 to Harrington's Mobile Home Service to Move Airport Security Building (Airport Director Transmittal, Three Proposals) 07.113 D. Authorize Construction Contracts for Airport Maintenance Building in an Amount up to $270,000 (Airport Director Transmittal, Rejected Bids, FAA Construction Schedule) Mr. Paternoster asked for the time line of this project. The Airport Director said this has to be completed by Sept 1St and he is hoping to get a building permit in October. Mr. Paternoster pointed out that they were handed a 46 page documents that he would .like to take home and read and then bring back to the next meeting. The Airport Director said we will lose $288,000 in grant money if he doesn't meet the construction schedule. The City Attorney said the first page has new information but the rest is the City's standard contract form. Mayor Coy pointed out that the City could lose the grant money and suggested a special meeting next Wednesday. Ms. Simchick asked if the City Attorney reviewed the contract. He said he has and reiterated it is the City's standard contract. Mr. Paternoster said he was becoming weary of making decisions like this. Ms. Simchick asked if this sat until the next meeting would the grant money will be lost. The City Attorney said there will be three weeks between meetings. The Airport Director said he was not sure. MOTION by Mayor Coy, to approve contract with AWM for Airport Maintenance Storage Facility in the amount of $275,000 DIED for lack of a second. Discussion followed regarding a special meeting. The Mayor said that she could not be here next Wednesday, but the Vice-Mayor could run the meeting. The Clerk clarified that only the Airport item will be on the special meeting agenda and Council concurred. The City Attorney said the date could be chosen after schedules are checked. The Clerk clarified the unfinished `New Business' items #C, E, F, and `Introduction of New Business' item #A will be at the beginning of the June 13tH meeting, not Council Matters, or other matters unless there was a specific item, to which the Mayor concurred. In keeping with the adopted meeting procedures, the meeting adjourned at 11:02 p.m. 16 Regular City Council Meeting May 23, 2007 Page Sixteen 07.112 C. Approve Funding of $17,935 to Harrington's Mobile Home Service to Move Airport Security Building (Airport Director Transmittal, Three Proposals) 07.113 D. Authorize Construction Contracts for Airport Maintenance Building in an Amount up to $270,000 (Airport Director Transmittal, Rejected Bids, FAA Construction Schedule) Mr. Paternoster asked for the time line of this project. The Airport Director said this has to be completed by Sept 1St and he is hoping to get a building permit in October. Mr. Paternoster pointed out that they were handed a 46 page documents that he would like to take home and read and then bring back to the next meeting. The Airport Director said we will lose $288,000 in grant money if he doesn't meet the construction schedule. The City Attorney said the first page has new information but the rest is the City's standard contract form. Mayor Coy pointed out that the City could lose the grant money and suggested a special meeting next Wednesday. Ms. Simchick asked if the City Attorney reviewed the contract. He said he has and reiterated it is the City's standard contract. Mr. Paternoster said he was becoming weary of making decisions like this.* Ms. Simchick asked if this sat until the next meeting would the grant money will be lost. The City Attorney said there will be three weeks between meetings. The Airport Director said he was not sure. MOTION by Mayor Coy, to approve contract with AWM for Airport Maintenance Storage Facility in the amount of $275,000 DIED for lack of a second. Discussion followed regarding a special meeting. The Mayor said that she could not be here next Wednesday, but the Vice-Mayor could run the meeting. The Clerk clarified that only the Airport item will be on the special meeting agenda and Council concurred. The City Attorney said the date could be chosen after schedules are checked. The Clerk clarified the unfinished `New Business' items #C, E, F, and `Introduction of New Business' item #A will be at the beginning of the June 13th meeting, not Council Matters, or other matters unless there was a specific item, to which the Mayor concurred. In keeping with the adopted meeting procedures, the meeting adjourned at 11:02 p.m. ~Mr. Paternoster requested this statement be clarified at the June 13`h Council meeting: "Time sensitive issues with amounts of this magnitude cannot just be put underneath our nose this evening and then vote upon-- l am actually getting very weary of being forced into making decisions that 1 cannot make an informed or educated decision on." Regular City Council Meeting May 23, 2007 Page Seventeen 07.114 E. Resolution No. R-07-20 -Joint Participation Agreement for Airport Layout Plan Update (Airport Director Transmittal, R-07-20, JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR AN AIRPORT LAYOUT PLAN UPDATE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 07.115 F. Proposed Cemetery Rate Increase -Direct Staff Accordingly (City Clerk Transmittal, R-02-30, Cemetery Code Sections, Cemetery Trust Fund Information, History, Other Cemetery Rates, Proposed Rate Resolution) 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda 07.025 A. Damien Gilliams - 806 Indian River Drive Sebastian Docks for Electric Permits 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS 19. ADJOURN Approved at the June 13th Regular City Council meeting. *as amended . Andrea Coy, Mayor ATTEST.• , ~~ ~ Sally A. Maio, MC -City Clerk 17