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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JUNE 13, 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 Vice Mayor Neglia.
There was moment of silence.
READING OF CIVILITY PLEDGE
Vice Mayor Neglia read the civility pledge.
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
Growth Management Director, Rebecca Grohall
Human Resources Director, Debra Krueger
Police Chief, Jim Davis
Police Lieutenant, Greg Witt
Parks Supervisor, Chris McCarthy
Public Works Superintendent, Tim Walker
MIS Systems Analyst, Barbara Brooke-Reese
6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda maybe added only upon a unanimous vote of City Council members
Mr. Paternoster requested adding an item for Charles Lieber entitled "Parking on Indian
River Drive" as 9.A.1. Mayor Coy suggested adding the item to Introduction of New
Business from the Public, and Ms. Simchick suggested adding the item as 9.D.
Mayor Coy asked if this issue was time sensitive and Mr. Paternoster said it was not.
Mayor Coy said based on the size of this agenda she was concerned about adding other
items.
Regular City Council Meeting
June 13, 2007
Page Two
7
07.117
Mayor Coy called for a vote on the requested addition.
Roll call vote results were as follows:
Ayes: Neglia, Paternoster, Simchick, Wolff
Nays: Coy
Failed
Due to a requirement for unanimous vote to add an item to an agenda as outlined in
Resolution No. R-07-18, the motion failed and the item was not added.
Mayor Coy requested moving New Business item14D relative to IRCC to consent
item10G. Ms. Simchick seconded the motion.
Roll call vote result was as follows:
Nays: Paternoster -vote not completed due to nay vote.
Failed
Per the City Attorney, unanimous vote required to modify the agenda, therefore the
motion failed and the item was not moved.
PROCLAMATIONS
A. Dedication of Barber Street Sports Complex Field In Memory of Michael Abt -
Abt Family Accepting
Mayor Coy read and presented the proclamation to the Abt family.
Taffi Fisher thanked City Council and introduced her family and Rob Williams with
Cardiac Science who donated an automatic external defibrillator to the City of
Sebastian for the Barber Street Sports Complex.
07.118
2
B. Dedication of Airport Administration Building Public Works Building In Memory of
Former Public Works Director Terry Hill -Hill Family Accepting
Mayor Coy read and presented the proclamation to the Hill family.
Jim Hill, Terry's son and former Vice Mayor, on behalf of the family, thanked City
Council for honoring Terry.
8
07.112
5-9
ITEMS CARRIED FORWARD FROM 5/23/07 REGULAR MEETING
A. Approve Funding of $17 935 to Harrington's Mobile Home Service to Move Airport
Security Building (Airport Director Transmittal, Three Proposals)
2
Regular City Council Meeting
June 13, 2007
Page Three
The Airport Director presented the request for approval, and said he would clarify
that the concrete pad was included in the cost.
In response to Mr. Paternoster, the Airport Director said he was contacted by a
lessee to inform him that a family would be housed in the security building, and
agreed with Mr. Paternoster that there was a lack of communication between the
City and the FAA as to the use of this building. He further said, as it has been
stated by the City Attorney, it is sometimes hard to have FAA declare a judgment.
He then said when FAA was notified that a family was going in, they wanted the
building moved.
MOTION by Ms. Simchick, and SECOND by Mr. Neglia, to approve funding in the
amount of $17,935 to Harrington's Mobile Home Service to move the airport
security building.
Roll call vote result was as follows:
Ayes: Simchick, Wolff, Coy, Neglia, Paternoster
Nays: None
Passed
07.114 B. Resolution No. R-07-20 -Joint Participation Agreement for Airport Layout Plan
11-43 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.
The Airport Director presented the resolution approving the layout plan update
joint participation agreement and responded to questions from City Council
relative to frequency of master plan updates, noting by updating the layout plan
he was able to move back the master plan update to 2012, and said if the City
does the layout plan now, the City may be able to do another layout plan at that
time as well. He further explained the Airport Improvement Plan program for
grant funding, and said it would be highly unlikely that the FAA would turn down
funding for the City to do the layout plan update.
MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, to adopt Resolution
No. R-07-20.
Roll call vote result was as follows:
Ayes: Wolff, Coy, Neglia, Paternoster, Simchick
Nays: None
Passed
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Regular City Council Meeting
June 13, 2007
Page Four
MOTION by Ms. Simchick, and SECOND by Mayor Coy, to approve
appropriation of $3,125.00 representing the City's match in the Airport Layout
Plan Update from the proceeds of sale of fixed assets.
Roll call vote result was as follows:
Ayes: Coy, Neglia, Paternoster, Simchick, Wolff
Nays: None
Passed
07.115 C. Proposed Cemetery Rate Increase -Direct Staff Accordingly (City Clerk Transmittal,
44-81 R-02-30 Cemetery Code Sections, Cemetery Trust Fund Information, History, Other
Cemetery Rates, Proposed Rate Resolution)
The City Manager said lots are selling fast and rates need to be increased.
The City Attorney said Council may want to restrict lots for Sebastian residents
before they run out.
The City Clerk explained that Roseland residents had paid the same rate as
Sebastian residents due to a deed restriction which was removed in the 1950's
but still honored to this date, and that staff was leaving this policy issue to
Council to decide.
Mayor Coy said she would like to give consideration to Sebastian residents and
Mr. Paternoster and Mr. Neglia said they would like to discuss the consideration
of Roseland residents at the next meeting.
The City Clerk noted that the increased rates recommended by staff were on
circle page 80 of the agenda packet.
Mr. Wolff agreed with the recommended rate increase, and noted in this day the
Roseland rate should be the same as for someone who lives in Vero Lake
Estates and that the City needs to define residency.
MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, to approve the
recommended rates.
Roll call vote result was as follows:
Ayes: Neglia, Paternoster, Simchick, Wolff, Coy
Nays: None
Passed
The City Clerk said staff would bring back a rate resolution for final adoption and
an ordinance for first reading to define residency to the next meeting.
4
Regular City Council Meeting
June 13, 2007
Page Five
07.025 D. Damien Gilliams - 806 Indian River Drive Sebastian Docks for Electric Permits
83-95 (Building Director Memo, City Attornev Memo, Excerpt of P & Z Minutes,
Construction Board Order, Permit, City Attornev Memo, Certification
Statement)(Site Plan and Electrical Plan Previously Provided Under Separate
Cover
Charles Sanford, special counsel for Damien Gilliams, gave a lengthy
presentation relative to the docks which he believed were "grandfathered" to be
rebuilt after the hurricanes.
Mayor Coy asked if Mr. Sanford had documentation to back up his presentation
requesting 50 boatslips.
Mr. Wolff called for a point of order and requested Mr. Sanford to conclude his
presentation.
Mr. Sanford cited the City Attorney's memo to Growth Management dated April
23, 2007, asked Council to nullify Resolution No. R-97-27, and pass an
ordinance to allow electrification of all boat slips. He asked for consideration of a
third possibility which would be to amend R-97-27 to allowing the electrification of
the boat slips.
Damien Gilliams, 1623 US 1, Sebastian, said the pedestals were permitted and
approved.
Mayor Coy said the packet on this issue is extremely large, noting that Mr.
Gilliams' problem was parking, and things were exchanged for parking and
expanded deck space. She cautioned Council to make sure their statements are
of fact and consider all the transactions that have happened between the City
and Mr. Gilliams because the City has been more than fair.
The City Attorney said there are two impediments, 1) the special use approval
and 2) the conditions of the site plan. He further explained the special conditions
of R-97-27 no longer exist so Council can nullify it but the same conditions are in
site plan which can only be modified by the Planning & Zoning Commission. He
clarified that site plan designates that boat slips for parking do not need
electricity.
Mayor Coy asked why a "transient" slip would need an electrical connection.
8:ss,o.m. Mr. Gilliams explained boats come from up north to spend the night or a few days
and juice up. He concluded that the property had 49 electrified docks and the
governor issued an order to allow reconstruction.
5
Regular City Council Meeting
June 13, 2007
Page Six
Mayor Coy said Mr. Gilliams has expanded transient definition to other uses
which may have other Code requirements and by providing electricity to boats he
may have another business situation.
Mr. Neglia asked the City Attorney if the City nullifies R-97-27, can Mr. Gilliams
continue rebuilding.
The City Attorney said nullifying resolution is good idea because it opens the
possibilities to change. The City Attorney said the issue is to enable him to keep
the capability to allow him to build the dock back as it was. He further said the
file points out there has always been the issue for Mr. Gilliams to look for future
off-site parking solutions such as valet or land near-by.
Mr. Sanford said no one cautioned Mr. Gilliams from rebuilding. The City
Attorney said the real issue is to have 10 slips be electrified, nullify R-97-27, and
after the site plan submittal, a variance to allow parking.
Mr. Paternoster said the City is trying to draw people to our City and if the marina
can bring in boaters; he asked the City Attorney what Council can do to
circumvent the process, and help Mr. Gilliams so people will come visit our
community.
The City Attorney said Council can amend parking requirements in the Riverfront
District, change laws about electrification about visiting boatslips or parking for
transient live-aboards.
MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, to nullify Resolution
No. R-97-27.
Mr. Wolff congratulated City Council for spending an hour on this tedious
electrical issue; stated this man's problem needs to be solved; stated Council has
got to move on and get down to business.
Mayor Coy said she agreed Council has to move on, but they have to do it legally
and through due process.
Ms. Simchick asked if Council nullifies the resolution, would Council have to
readdress the parking ordinance at a waterside facility.
The City Attorney advised the key problem is there is something on the books
that says he cannot use the remaining dock but Council could say electrification
may happen every so many feet.
Roll call vote result was as follows:
Ayes: Paternoster, Simchick, Wolff, Coy, Neglia
Nays: None
6
Regular City Council Meeting
June 13, 2007
Page Seven
Passed
There was a 3-2 (Coy and Neglia -nay) consensus of Council to direct the City
Attorney to draft an ordinance to allow electrification of boat slip parking at
waterside commercial facilities, and to bring the ordinance language to them
before it goes to Planning and Zoning.
Mayor Coy called recess from 9:00 pm to 9:15 pm. All members were present
when the meeting was reconvened.
9. ANNOUNCEMENTS, PRESENTATIONS
9:15 p. m.
07.122 A. Presentation by North County Relay for Life Chairman Burkeen (no backup)
Mayor Coy said Mr. Burkeen had requested this item be moved to the next
meeting.
07.016 B. Rex Nelson -Presentation on Proposed Ocean Concrete (no backup)
Rex Nelson, Fischer Circle, Sebastian, requested Council support in the form of
a resolution to the Board of County Commissioners changing County code
regarding allowing concrete plants in light industrial zoning.
Ms. Simchick suggested the City Manager send a letter to the County such as he
did with Fleming Street.
Mr. Wolff said in the future he would appreciate receiving the language he was
asking Council to address ahead of time. Mr. Nelson said he had sent language
within the past few days.
It was the consensus of Council to direct the City Manager to send the letter to
Indian River County Planning and Zoning for their June 14"' meeting, and copy it
to Mr. Nelson and each Council member and bring back a resolution at the next
meeting which will be sent to the County Commission.
Mr. Neglia asked for an outline of what they are proposing.
07.116 C. Presentation by Curt Oxford -Council Chambers City Logo Sign (Proposal,
97-99 Renderin
Mr. Oxford was not present. The City Manager said he had met with Mr. Oxford
who brought him a proposal for an official City sign for the Chambers at a cost of
$6700.
7
Regular City Council Meeting
June 13, 2007
Page Eight
Mayor Coy said she said she would like to consider this, however, if the City is in
a budget crunch perhaps Council can hold off. Ms. Simchick said she would
rather wait until after the 22"d. Mr. Neglia said the City is not ready and Mr.
Paternoster agreed.
10. 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.
101-117 A. Approval of Minutes - 5/23/07 Regular Meeting
119-120 B. Approval of Minutes - 6/6/07 Special Meeting
07.116 C. Authorize Sole Source Purchase and Installation of City Logo Sign for Council
Chambers from Curt Oxford (see above for backup)
07.123 D. 4th of July Event -Approve Yacht Club Ramp and Road Closures (Parks
121 Supervisor Transmittal)
07.097 E. Revised FY 2008 Budget Calendar (Finance Director Transmittal, Revised Calendar)
123-125
07.124 F. Approve Travel and Registration for Council Members to Attend Annual Florida
127-12s League of Cities Conference in Orlando, August 16-19, 2007 (City Clerk
Transmittal, Registration Form)
Mr. Wolff removed items C and F.
Mr. Paternoster removed items A and D.
MOTION by Mayor Coy, and SECOND by Ms. Simchick, to approve items B and E.
Roll call vote result was as follows:
Ayes: Simchick, Wolff, Coy, Neglia, Paternoster
Nays: None
Passed
Item A - 5/23/07 Minutes
Mr. Paternoster requested clarification of the following statement in the 5/23/07
minutes as follows:
"Time sensitive issues with amounts of this magnitude cannot just be put
underneath our nose this evening and then vote upon-I am actually getting very
weary of being forced into making decisions that I cannot make an informed or
educated decision on."
8
Regular City Council Meeting
June 13, 2007
Page Nine
It was the consensus of Council to approve the minutes as amended on a voice vote of
5-0.
Item C -City Loao Sipn -Oxford
MOTION by Ms. Coy, and SECOND by Mr. Paternoster, to postpone item C
indefinitely on a voice vote of 5-0.
Item D - 4th of July Event
Mr. Paternoster requested that staff not allow anyone to put tent stakes in asphalt at
the Yacht Club during events. The City Manager made a note of this.
On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, item D was approved on
a voice vote of 5-0.
Item F - FLC Annual Conference
Mr. Wolff said he had been requested to remove item F at the request of Tammy
Cutright.
Ms. Cutright asked if the conference was required and the City Clerk explained the
purpose and costs of the annual conference.
MOTION by Mr. Wolff and SECOND by Mr. Paternoster, to approve item F.
Roll call vote result was as follows:
Ayes: Wolff, Coy, Neglia, Paternoster, Simchick
Nays: None
Passed
11. COMMITTEE REPORTS/RECOMMENDATIONS -none
12. PUBLIC HEARING
07.071 A. Second Reading, Public Hearing_and Final Adoption of Ordinance No. 0-07-07 -
131-134 Parks & Recreation Advisory Modification of Committee Membership
Composition (City Attorney 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. (15~ Reading 5/23/07, PJ Legal Ad 5/3/07)
The City Attorney read Ordinance No. 0-07-07 by title.
Mayor Coy called for public input and there was none.
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Regular City Council Meeting
June 13, 2007
Page Ten
MOTION by Mr. Paternoster, and SECOND by Mr. Neglia to adopt Ordinance
No. 0-07-07.
Roll call vote result was as follows:
Ayes: Coy, Neglia, Paternoster, Simchick, Wolff
Nays: None
Passed
07.106 B. Ordinance No. 0-07-08 -Charter Review Committee Meeting Time (City Clerk
135-13s Transmittal, 0-07-08)
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. (151 Reading 5/23/07, PJ
Legal Ad 5/30/07)
The City Attorney read Ordinance No. 0-07-08 by title.
Mayor Coy called for public input and there was none.
MOTION by Mr. Neglia, and SECOND by Mr. Paternoster to adopt Ordinance
No. 0-07-07.
Roll call vote result was as follows:
Ayes: Coy, Neglia, Paternoster, Simchick, Wolff
Nays: None
Passed
13. UNFINISHED BUSINESS -None
14. NEW BUSINESS
07.125 A. E911 Equipment -Appropriate $44,000 from DST and Purchase Necessary
141-151 Equipment (PD Transmittal, 4 Quotes, King Letter)
The City Manager recommended approval of purchase of equipment and
furniture required for 911 system.
In response to Mr. Wolff, the City Manager said the County coordinator was John
King. Chief Davis said the City request was verbal and the County response was
written, and cited the letter on page circle 148, that Vero Beach was also denied.
Mr. Wolff said he would like to see a better paper trail on issues such as this. The
Chief said he could send a letter after the fact.
10
Regular City Council Meeting
June 13, 2007
Page Eleven
Mr. Wolff inquired about Complete Electric as sole source, and said he had a
problem with the purchase price of the UPS system, noting that through an
internet check he found we could purchase it for $13,000.
Barbara Brooke-Reese said the unit is being custom assembled for the City, that
there is a time constraint, and the UPS is warranted if Complete Electric does the
installation.
Mr. Wolff asked in the future that staff be upfront and say they are paying more
because of a time constraint. Chief Davis said he was being upfront and he did
obtain other proposals and Complete was the lowest price.
In response to Mr. Paternoster, Chief Davis said three different agencies were
working together with a June 28 deadline for the 911 system, and that people are
coming from around the state and country to accomplish this. He said the City
was turned down by Indian River County on June 1.
MOTION by Mr. Paternoster, and SECOND by Mr. Wolff, to purchase the E911
equipment in the amount of $44,000
Roll call vote result was as follows:
Ayes: Paternoster, Simchick, Wolff, Coy, Neglia
Nays: None
Passed
Someone from the audience called out to speak and Mayor Coy apologized and
explained that there is no requirement to have business open to the public, only
for public hearings.
07.126 B. Waste Management Contract (City Manager Transmittal, Complaint Log,
153-206 Contract
The City Manager recommended a notice be issued to Waste Management that
the City will not automatically renew their contract and in the meanwhile the City
Manager said Waste Management might improve their service and the City could
shop for another provider.
Following City Council discussion, input from George Geletko, Waste
Management, and assurances by him to do better, a motion was made.
~o:os p.m. Mayor Coy stated in the interest of time and because individuals have sat for so
long for their agendized item, there would not be public comment because there
is no requirement. She stated she would like to finish the meeting.
11
Regular City Council Meeting
June 13, 2007
Page Twelve
MOTION by Mr. Neglia, and SECOND by Ms. Simchick to leave the contract as
is.
Roll call vote result was as follows:
Ayes: Simchick, Wolff, Coy, Neglia, Paternoster
Nays: None
Passed
07.127 C. Shift Capital Project Funding from Public Works Compound Phase I in the
207-212 Amount $300,000 to Stonecrop Street Crossing (City Manager Transmittal, 2
Photos
MOTION by Mayor Coy, and SECOND by Mr. Paternoster to move item C to the
next agenda passed on a voice vote of 5-0.
~0:3o p.m. MOTION by Mr. Neglia, and SECOND by Ms. Simchick to extend the meeting to
11 pm passed on a voice vote of 5-0.
07.117 D.
213-218
~n River Communii
ment
Mayor Coy declared a conflict of interest due to the fact that she works for Indian
River Community College, handed the gavel to Vice Mayor Neglia, and left the
dais. (conflict form is attached to minutes)
Dr. David Sullivan, Indian River Community College, handed out a course
schedule and addressed City Council.
Mr. Paternoster asked what other colleges have been talked to about that facility,
and the City Manager said no others had been approached.
MOTION by Mr. Paternoster to table until such time as Mr. Minner puts out
information to other colleges to see if they are interested. No second.
Mr. Wolff asked whether IRCC had approached the elementary schools;
expressed concern for overhead; stated this may not be prudent.
MOTION by Mr. Paternoster, and SECOND by Mr. Wolff to postpone indefinitely.
Roll call vote result was as follows:
Ayes: Paternoster, Wolff
Nays: Neglia, Simchick
Tie -Failed
12
Regular City Council Meeting
June 13, 2007
Page Thirteen
MOTION by Ms. Simchick, and SECOND by Mr. Neglia to allow IRCC to use the
facility for one year.
Roll call vote result was as follows:
Ayes: Neglia, Simchick
Nays: Paternoster, Wolff
Tie -Failed
07.019 E. First Reading of Ordinance No. 0-07-10 -Senior Homestead Exemption to
2~s-222 Replace Emergency Ordinance No. 0-07-09 -Set Public Hearing for 6/27/07
(City Clerk Transmittal, 0-07-10)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING EMERGENCY
ORDINANCE NO. 0-07-09; AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR
HOMESTEAD EXEMPTION AND PROVIDING FOR APPLICABILITY, SEVERABILITY AND
EFFECTIVE DATE.
MOTION by Mr. Neglia, and SECOND by Mr. Wolff to suspend item E passed on
a voice vote of 5-0.
07.057 F. First Reading -Ordinance No. 0-07-11 -Natural Resources Board -Set Public
223-227 Hearing for 6/25/07 (City Attorney Transmittal, 0-07-11, Environmental
Committee and Tree Board Recommendations Included in Language)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION
2-240 AND ADDING SECTION 2-241 TO CREATE THE NATURAL RESOURCES BOARD;
PROVIDING FOR INITIAL COMPOSITION, CONFLICT AND EFFECTIVE DATE.
The City Attorney read the ordinance by title.
MOTION by Mr. Neglia, and SECOND by Ms Simchick to pass Ordinance No.
0-07-11 on first reading and set public hearing for June 27, 2007.
Roll call vote result was as follows:
Ayes: Paternoster, Simchick, Wolff, Coy, Neglia
Nays: None
Passed
15. 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
07.118 A. Flo Ursulean -Firehouse Garage Parking Issues -Revisit Site Plan (Maps)
229-233
Flo Ursulean described his problems with Code Enforcement over parking issues and
said he was leaving this in Council's hands to help him resolve his parking problems or
buy him out.
13
Regular City Council Meeting
June 13, 2007
Page Fourteen
The City Attorney said with Council direction he would seek alternatives to resolve the
issues.
MOTION by Mr. Wolff and SECOND by Mayor Coy to direct the City Attorney to work
with the property owner to resolve his issues passed on a voice vote of 5-0.
The remaining agenda items (not titles) which were not addressed due to lack of time will be carried
forward along with the three items stated previously to the next regular meeting agenda.
07.119 B. Damien Gilliams -City Manager Evaluation (no backup)
16. CITY ATTORNEY MATTERS
07.120 A. Authorization to Specially Appoint Attorney for Conflict Matters (no backup)
17. CITY MANAGER MATTERS
18. CITY CLERK MATTERS
19. CITY COUNCIL MATTERS
A.
07.021
B.
C.
D.
E.
Council Member Wolff
i. City Attorney Evaluation (no backup)
Mayor Coy
Mr. Neglia
Council Member Paternoster
Council Member Simchick
20. Mayor Coy adjourned the Regular Meeting at 11:00 p.m.
Approved at the June 27t`', 2007 Regular City Council meeting.
.~
~,
,~ " ~.~
A dreg Coy -Mayor
ATTEST.'
l ~J
Sally A. Maio, AJMC -City Clerk
14
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Coy, Andrea Sebastian Cit Council
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
1225 Main Street WHICHISERVEISAUNITOF:
TY (XCITY ^ COUNTY ^ OTHER LOCAL AGENCY
CITY COUN
Sebastian Indian River NAME OF POLITICAL SUBDIVISION:
Ci
f
b
DATE ON WHICH VOTE OCCURRED
June 13, 2007 t o
e
MY POSITION IS:
~ ELECTIVE ^ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, -~'e ~ ~ ___-_ -__, hereby disclose that on _~-!~~ _
---~---- - ~ ~~~_-~-~-, 20 D
(a) A measure came or will come before my agency which (check one)
__ inured to my special private gain or loss;
__ inured to the special gain or loss of my business associate, ___.
murex to the special gain or loss of
inured to the special gain or loss of
whom I am retained; or
__ inured to the special gain or loss of-____
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ~,,p
~~2c~-.
June 13, 2007
------------------------------------------- Sig
Date Filed
which
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2