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Home My WebLink About06202007Specialarv ~~ ~1 ~- HOME OF PELICAN fSLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING CALLED BY COUNCIL MEMBER SIMCHICK MINUTES WEDNESDAY, JUNE 20, 2007 - 7:15 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Special Meeting at 7:15 p.m. 2. The Pledge of Allegiance was recited. 3. 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 Human Resources Director, Debra Krueger Airport Manager, Joe Griffin MIS Senior Systems Analyst, Barbara Brooke-Reese 4. SPECIAL MEETING ITEM A. Indian River Community College (IRCC) Lease (City Manager Transmittal Lease, Schedule of Classes, City Manager Memo, ARC Lease Historical Society Lease,Wolff E-Mail, Packet of Info from Clerk, 10/29/04 Council Info Letter, Stringer E-Mail, Chamber Letter) The City Manager said staff was contacted by members of Council for additional information following the last meeting, and then listed additional backup provided to Council in this agenda packet. He reiterated data as set out in his memo to Council dated June 15, 2007 as to financial analysis (page nine of packet), including lease fees and City costs. He described other items which indicated discussions of this use by IRCC going back several years, as well as change orders for the building. Special City Council Meeting June 20, 2007 Page Two Ms. Simchick said she called the special meeting in the best interest of the City. Mayor Coy asked the City Attorney to clarify why she is sitting with Council tonight rather than recusing herself as she did last week. The City Attorney said just before the start of the June 13~h meeting, Mayor Coy asked him if she had a conflict, and at that time, it was his opinion that she did have a conflict under Florida law, however, upon further review of statutes he cited an exception that exempts referenced principals which include community colleges, and in fact Florida law requires that an individual must vote on the issue unless there is a conflict. Mayor Coy said she did not consider it a conflict until just prior to the meeting the Press asked her if it was a conflict, and she decided to ask the Attorney who at that time said it was, and she stood on his advice. She said she appreciates that he took the time to look up the statute. Ken Moskowitz, Tracy Drive, Charter Junior HS, expressed a concern that they were not contacted and asked in the future that they be contacted. Robert Johnson, South Easy Street, said IRCC is one of the finest organizations and appreciated a second opportunity to get them in the City. Damien Gilliams, 1623 US 1, said he was for IRCC coming to the community, stated the City needs to have policy and procedure in place for surplus property and expressed concern about negative cash flow. Chuck Lever asked why the public was not allowed to speak at the last meeting. Mayor Coy explained Council was down to 25 minutes left in the meeting, noting she had made a motion at the beginning of the meeting to move the item and it was turned down by Mr. Paternoster and this -item was left to the end of the agenda with little time. Louise Kautenberg, Sebastian, thanked Council for taking the time out of their time to address this item, noted that part of the renovation was paid for by an historic grant, was a school and will be a school, and found it surprising that any one would claim they were unaware of it since it was in the Pelican Brief. Mr. Neglia said this will be good for the community and requested that rather than automatically renewing on the anniversary date, the lease be renegotiated, based on his concern for City costs. Dr. Sullivan said the ninety days was added in for this purpose. 2 Special City Council Meeting June 20, 2007 Page Three Discussion followed on the City's reimbursement relative to how many classes the college will be able to fill; the addition of a mutual indemnification clause; the change orders required after the designated use changed from community rooms to college classrooms, and when was it decided that IRCC would have use of the entire 2~d floor. Mr. Paternoster expressed concerns that the building was renovated on an assumption that IRCC would move in; if the same legal restrictions apply for both a lease and use agreement; and why the agreement was not presented to Council and the public sooner. Ms. Simchick said there were very good comments from the public including Baxter Coston's letter (see attached) and cited benefits for the City. She also pointed out the with the air conditioning/insulation upgrade and the fact that the building will not be in use all the time, that the operational costs might be lower. Mr. Wolff thanked everyone for their attendance; said he is not against IRCC as such but was in a tenable situation because of recent sensitive lease issues, the Mayor's employment at the college, a search in public records for a vote or directive from Council and that the public was not allowed to speak at the last meeting. He said he needed to have numbers to show transparency and fiscal responsibility; he would like a "heads up" when the lease reaches the renewal point and asked the amount of $35 per class, "per occurrence" be added to the lease. He also asked about parking and stated he hoped that IRCC's equipment would be locked up if the floor will be used by other entities. A MOTION by Mr. Paternoster to approve the use agreement for IRCC for the old school house next door, with a SECOND by Mr. Neglia. Ms. Simchick requested the City Manager or City Attorney notify Council of any problems 90 days prior to the renewal time to address any concerns. Mr. Paternoster RESCINDED original motion and made a MOTION to approve the IRCC college use agreement with the amendments: 90 day notice and "per class, per occurrence" language with a SECOND by Mr. Neglia. The City Attorney stated the change should read in Section 1: " ..the agreement ...shall automatically renew on the anniversary date thereof provided that each party gives the other written notice no less 90 days before any such anniversary, of it's intent to renew the agreement." The City Attorney asked if $35 per occurrence or per class session would be preferred by Council. Mr. Wolff liked "per class, per occurrence." Special City Council Meeting June 20, 2007 Page Four The City Attorney asked if Council was comfortable with mutual indemnification including sovereign immunity and they were. Roll call vote result was as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Passed 5. Being no further business, Mayor Coy adjourned the meeting at 8:46 p.m. Approved at a July 11, 2007 Re ular City Council Meeting. ayorAndrea Coy ATT - ( '-"~~ Sally A. Mai , MMC - Cit Jerk 4 1 [i~V 1 Vl L Jeanette Williams From: cityseb Sent: Wednesday, June 20, 2007 4:30 PM To: Jeanette Williams Subject: FW: IRCC LEASE From: G Baxter Colton [mailto:winnibax@msn.com] Sent: Wednesday, ]une 20, 2007 4:18 PM To: AL Paternoster; Eugene Wolff; Dale I. SimChick; Sal Neglia; Andrea Coy; Alfred Minner; cityseb Subject: IRCC LEASE With reference to the up and ceming meeting this AM with regards to SUBJECT, I would like to make the following comments. First I want it to be understood that I (and believe all citizens and council members) do believe the use of IRCC to lease and use the second floor of the old City Hall (School Building) is very good and beneficial to all concerned. However, I object strongly to the procedure and lack of financial information to all concerned. First it is not clear as to the lease arrangement proposed as to if this is equaminately sound investment. Thus meaning, who pays for maintenance, repairs, upkeep, insurance, parking requirements, security, etc. I understand the lease calls for a maximum of $4,000.00 per semester. Three semesters equaling total revenue of $12,000.00. If this revenue would cover all costs th the city, then so be it. I do feel that it would be satisfactory to all concerned (Public) if just the cost would be covered by this revenue. This would have to be shown before any counal approval. Realizing this is just a one year lease both the City and the College would have to adjust to any deflcences. I strongly urge that Mrs. Coy NOT be allowed to vote due to a 1000% CONFLICT OF INTEREST. Sheds employed by the College and deflnately her vote would effect her interest with the IRC COLLEGE. If anybody I have sent this e-mail to would like to read it at the meeting this evening you certainly have my permission and I would appreciate your doing so. Thank you, Baxter Colton 772 589 5653 winnibax@msn,com Cell 772 532 3855 660 Balboa St. Sebastian, FI. 32958 Baxter Colton Make every IM count. Download Windows Live Messenger and join the I'm Initiative now. It's free. Make it count! 6/20/2007