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HomeMy WebLinkAbout06272007SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 27, 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 7:10 p.m. The Pledge of Allegiance was led by Council Member Paternoster. There was a moment of silence. READING OF CIVILITY PLEDGE Mr. Paternoster read the 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 Building Director, Wayne Eseltine Engineer, Dave Fisher Finance Director, Shai Francis Growth Management Director, Rebecca Grohall Human Resources Director, Debra Krueger Police Chief, Jim Davis Public Works Director, Jerry Converse Public Works Assistant, Linda Kinchen MIS Systems Analyst, Barbara Brooke-Reese Regular City Council Meeting June 27, 2007 Page Two 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon a unanimous vote of City Council members The City Manager requested addition of Item 18B under Mr. Neglia's Matters for Council to consider time limits which he had missed putting on the agenda. On a voice vote of 5-0 the item was included at 18B. Mayor Coy asked that Council consider moving item 7D under Introduction of New Business from the Public to item 13B since it is a carryover matter and now Mr. Paternoster has added the same issue to New Business. Mr. Paternoster said 7D is a carryover item for a member of the public and it is not appropriate to couple it with his item. Ms. Simchick suggested putting them together and specifying the speaker as 1361. Mr. Paternoster asked for a legal analysis and the City Attorney responded that precedent had been set on a similar matter and the items were combined. Mr. Paternoster said it would be unfair not to allow Mr. Gilliams to speak since the item was carried over from the last meeting and the City Attorney recommended moving item 136 to item 7D. Mr. Paternoster said the City Manager review was to have been done in February and was postponed until now which was why he put it on the agenda, and that he and Mr. Gilliams may have different issues to discuss. The City Attorney- opined that it would take a unanimous vote to change the agenda. Mayor Coy said Mr. Gilliams' item was not appropriate under Introduction of New Business from the Public since it had occurred within the last six months. (Actually the procedure is "Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda's MOTION by Mayor Coy to delete 7D (no second) and call for vote -voice vote 3-2. (Paternoster, Wolff -nay) 7. ITEMS CARRIED FORWARD FROM 6/13/07 REGULAR MEETING 07.122 A. Presentation by North County Relay for Life Chairman Burkeen tno backup) Mr. Burkeen was not present. 2 Regular City Council Meeting June 27, 2007 Page Three 07.127 B. Shift Capital Project Funding from Public Works Compound Phase I in the ~-4 Amount $300,000 to Stonecrop Street Crossing (City Manager Transmittal, 2 Photos The City Manager reported briefly on the item. MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, to approve Public Works Compound Stonecrop rehabilitation shift in the amount of $289,972. Roll call vote result was as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Passed 07.019 C. First Reading of Ordinance No. 0-07-10 -Senior Homestead Exemption to 5-8 Replace Emergency Ordinance No. 0-07-09 -Set Public Hearing for 7 7/11/07 (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. The City Attorney read Ordinance No. 0-07-10 by title. Todd Klitinic, Barber Street, Sebastian, urged approval MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, to approve Ordinance No. 0- 07-10, repealing 0-07-09, adopting permanently the additional $25,000 exemption in accordance with the Charter and set the public hearing for July 11, 2007. Roll call vote result was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed 07.119 D. Introduction of New Business from the Public -Damien Gilliams -City Manager Evaluation (no backup) Mr. Gilliams, 1623 US 1, Sebastian provided a copy of the same evaluation he had provided to Council in their mailboxes to the City Clerk. He said he had reviewed Mr. Neglia's evaluation, heard Ms. Simchick had done hers, and asked why the City Manager refused to put the City Attorney's evaluation on this agenda, and Mayor Coy asked him to stay with the subject on this agenda. Mr. Gilliams asked if he could get a vote and Mayor Coy said he could not. 3 Regular City Council Meeting June 27, 2007 Page Four He then read from his evaluation of Mr. Minner and asked where the goals are in the evaluation form, and said the form needs to be changed. He continued to read his evaluation. Mayor Coy asked if he was going to read the entire evaluation and said the form was more appropriate for Council use. Mr. Paternoster said he wanted to hear Mr. Gilliams. Mayor Coy asked Mr. Gilliams what his qualifications were to do the evaluation and Mr. Gilliams said he did not have to answer that. Mayor Coy asked him again if it was his intent to go through the entire evaluation since he has already provided a copy and the Clerk can make copies for the public. Mr. Gilliams said since he cannot contact the Mayor outside of a meeting he is here to do that. MOTION by Mr. Neglia and SECOND by Mayor Coy to put a three minute time limit on this right now. Mr. Paternoster said he already said he wanted to hear the gentleman and if he needed to call a point of order he would have. He said if we have to go through it point by point the public has a right to hear how our City Manager and City Attorney are evaluated. Mayor Coy called for a roll call on the motion on the floor. Roll call vote result was as follows: Ayes: Simchick, Coy, Neglia Nays: Wolf Mr. Paternoster asked what Council was voting on. Mayor Coy said "three minute time IimiY', and Mr. Paternoster responded that Mayor Coy ignored what he said. Mr. Paternoster called for a point of order. Mayor Coy asked if this is in accordance with Roberts Rules and the City Attorney stated that with a point of order he gets to say what he feels is the order. Mr. Paternoster reiterated he said he would like to hear what this gentleman wants to say and the Mayor has completely overridden that fact and tried to sequester him, and then Mr. Neglia said he wanted a time limit, and he was asking if he needed to put the first question to a vote to see if Council could listen to what this gentleman has to say. 4 Regular City Council Meeting June 27, 2007 Page Five The City Attorney said as part of his vote, Mr. Paternoster can say he doesn't want to limit it to three minutes and instead that he be able to talk unfettered and if the vote fails he could make a motion to overrule the Chair's request that he move on. Mr. Gilliams requested to speak and the City Attorney said Council needed to finish the vote. Mr. Paternoster voted nay on the motion at this time. Motion passed 3-2. Mr. Gilliams continued his City Manager evaluation with three minutes allowed for input resulting in 1.5 rating which means remove and replace. He said he told the City Manager construction was going down and what did he do but hire an Environmental Planner, and asked why the City is firing people who have been here for 18 years and instead not letting new people go. Mayor Coy said she would not let him spread rumors, saying he knows nothing of what is going on and gave him a first warning. Mr. Gilliams said again the City needs to terminate and replace. Mayor Coy provided a copy of her City Manager evaluation to Mr. Gilliams. 07.021 E. Council Member Wolff Matters -City Attorney Evaluation (no backup) Mayor Coy asked if it was Mr. Wolff's intent to read a public evaluation and he said no. Mr. Wolff stated the evaluation process could use improvement and the five members of Council should be able to sit down together and set some realistic goals for the Charter officers, and then maybe conduct a bi-yearly checkup. He said he thought the City Manager and City Attorney would appreciate feedback and it would create more effective communication. Mayor Coy proposed a public workshop perhaps at the community center as Council under the Sunshine for Council's own debate to set ground rules for evaluations and how to run a meeting appropriately and consistently. Mr. Wolff said this was the type of feedback he was looking for. Ms. Simchick said it was difficult for her to do an annual evaluation having been in office for such a short time and did agree with Council's need to get together. Mr. Neglia agreed to get together as a group, said he met with Mr. Minner, that he is doing a good job, it is a tough job, and he was not in favor of the way Council currently does the evaluations. Regular City Council Meeting June 27, 2007 Page Six Mr. Paternoster asked Mayor Coy why she suddenly thinks everything is out of order and needs to be fixed. He said he had asked Mr. Minner and Mr. Stringer to supply Roberts Rules of Order and laws of the State relative to proper procedures for Council and has not gotten them. He asked the City Attorney if citizens would have input into what is being said at the workshop. The City Attorney said it is Council's choice. Mr. Paternoster said he will go forward for this forum but he thought that is what Council does here. MOTION by Mayor Coy and SECOND by Mr. Neglia for a retreat open to the public but for discussion by Council only. Ms. Simchick said she had difficulty with the evaluation form blanks going out to the public just because they are available and does not feel it is a public input matter. She said Council should stick to how we develop our form and goals setting as a Council and is willing to put her time in. Mr. Paternoster said people of the City should have some type of input and maybe Council can take suggestions from them. Mayor Coy said the public can contact members of Council. Roll call vote result was as follows: Ayes: Coy, Neglia, Simchick, Wolff Nays: Paternoster Passed 8. PROCLAMATIONS, ANNOUNCEMENTS. PRESENTATIONS 07.128 A. Proclamation Motorcycle Safety and Awareness Month -July 9 Mayor Coy read and presented the proclamation to Gail Heinbockel along with many members of ABATE. Ms. Heinbockel and Ed "Spider" Mills thanked the City, addressed the audience about the importance of motorcycle safety and presented umbrellas and bags to members of Council from ABATE. 07.129 B. Chuck Lever i. Boat Parking~no backup? 6 Regular City Council Meeting June 27, 2007 Page Seven Chuck Lever, Mulberry Street, recommended issuing boat trailer parking stickers and setting fees and gave a power point presentation on his idea. Mayor Coy said she hoped that a member of Council would place this item on a future agenda and that he had very good ideas. Proclamations and Awards (no backup) Chuck Lever recommended that police officers be recognized at least once per year, and perhaps a plaque commemorating officers should hang in the City Hall or Police station, starting with Chief Davis. Chief Davis said there is police memorial week in May, but he did not think it necessary to set aside a special recognition week for Police Officers. Mayor Coy said anytime he would like to recognize any of his officers to let them know. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to set aside a week to be determined for Police Officer recognition Week and start out with Chief Davis as soon as possible if the City can. Each member of Council praised the Chief and his department for what they do. Roll call vote result was as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy, Nays: None Passed Ms. Simchick thanked Mr. Lever for his presentation on the boat trailer parking and received a consensus to direct staff to look into the issue. Mr. Paternoster said he had spoken to the City Manager about this and the City Manager is intrigued by it and said it could be up and running by October 1St. The City Manager said it can be researched quickly and an ordinance brought back. The City Attorney cautioned he will have to review conditions of grant money used for CAVcorp lot improvements. 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. 11-12 A. Approval of Minutes - 6/13/07 CIP Workshop 7 Regular City Council Meeting June 27, 2007 Page Eight ~s-2s B. Approval of Minutes - 6/13/07 Regular Meeting 07.016 C. Resolution No. R-07-23 -Support for IRC Commission to Approve Amendments to 27-37 IL District Regulations (City Clerk Transmittal 6/20/07, R-07-23, County Proposed Ordinance) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA URGING THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS TO APPROVE A PROPOSED ORDINANCE TO AMEND INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS CHAPTER 911, ZONING, BY REVISING THE TABLE OF USES FOR INDUSTRIAL DISTRICTS IN SECTIONS 911.11(4) AS RECOMMENDED BY STAFF AND COUNTY PLANNING AND ZONING COMMISSION ; PROVIDING FOR AN EFFECTIVE DATE. 07.130 D. Award Bid for Annual Cold in Place Recycling Base Course Contract to Asphalt 39-41 Recycling, Inc. of Melbourne -Streets Done as Needed and As Funding Permits (PW Transmittal, Bid Tabulation) 07.131 E. Award Bid for Annual Paving Contract to APAC-Southeast Inc. of Melbourne - 43-45 Streets Done as Needed and As Funding Permits (PW Transmittal, Bid Tabulation) MOTION by Mr. Neglia, and SECOND by Ms. Simchick, to approve consent agenda items A, B, C, D and E. Roll call vote result was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed Mayor Coy called recess from 8:25 p.m. to 8:38 p.m. All members present. 10. COMMITTEE REPORTS/RECOMMENDATIONS 07.071 A. Parks and Recreation 47-48 i. Reappointments from Districts to At-Large Positions (City Clerk Transmittal 6/20/07, Member List) The City Clerk read the list of names of existing district members, Don Wright, Kelly Palfi, Cindy Falco, Jeff Kagan and Alternate Gary Barth and asked that Council formally approve transferring these individuals to the newly designated at-large positions. Mr. Neglia corrected Mr. Wright's term expiration date. It was noted that Mr. Barth did not want to become a regular member. Regular City Council Meeting June 27, 2007 Page Nine MOTION by Mr. Neglia and SECOND by Mayor Coy, to transfer named individuals to the newly designated at-large positions carried on a voice vote of 5-0. 07.001 ii. Interview, Unless Waived, and Appoint One At-Large Member and One 49-57 Alternate Member to Fill Vacancies (City Clerk Transmittal, Two Applications, Press Release) The City Clerk noted that Tammy Outright withdrew her application today by phone. MOTION by Mr. Neglia and SECOND by Mr. Wolff to appoint JoAnn White to the regular member position carried on a voice vote of 5-0. Mr. Neglia clarified that the City will advertise the alternate position. Ms. White was asked to come to the podium and was welcomed and then questioned by Mr. Paternoster as to her particular preference on the dog park, whether she had visited parks and talked to young people as to their needs. Ms. White said she had to learn more about the dog park and having been an elementary school teacher she had experience talking with children. 11. PUBLIC HEARING 07.057 A. Ordinance No. 0-07-11 -Natural Resources Board (City Attorney Transmittal, 59-63 0-07-11 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. (PJ 6/17/08) Mayor Coy opened the public hearing at 8:48 p.m. The City Attorney read Ordinance No. 0-07-11 by title. There being no input, Mayor Coy closed the public hearing. Council briefly deliberated. The City Clerk noted that Trish Adams had told her during the recess that she wanted to address City Council on the ordinance language and had just entered the room. Mayor Coy ruled that the hearing was closed and Council would not hear any further input. MOTION by Mr. Paternoster and SECOND by Mr. Neglia, to approve Ordinance No. 0- 07-11 Natural Resources Board. 9 Regular City Council Meeting June 27, 2007 Page Ten Roll call on the motion was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed 12. UNFINISHED BUSINESS 07.102 A. Dog Park Update -Chairman Don Wright (Memo Re: Insurance, E-mail 5/26/07) 65-68 Don Wright, Chairman of Parks and Recreation handed out additional information (see attached) to Council and addressed City Council relative to its previous questions about insurance. Mr. Paternoster questioned the Finance Director's insurance inquiry and a-mail response (included in agenda packet) and asked her if she had asked about a number of dogs, canine units, watering stations, potential dog bites to citizens and children, viruses and the Finance Director responded she did not but they were aware this would be modeled after the Sanford Dog Park. Mr. Paternoster asked the City Attorney if he would follow up with this for his satisfaction and he said he would. Mr. Wright finished his presentation relative to need for the facility and use, had obtained a letter from Ilka Daniel with the Humane Society stating that there are approximately 8,247 records of licensed pets in this zip code; and provided a petition with 301 signatures obtained over a two week period at the Humane Society (see attached). He cited a unanimous vote of Parks and Recreation Committee to move forward on this project and asked Council to approve the concept of the dog park and turn it over to City staff to begin the process of implementation. The City Clerk read a letter of objection to the proposed location from John Tenerowicz, 310 South Wimbrow Drive, Sebastian into the record (see attached). The following members of the public urged approval ^ Betsy Field-Connelly, 149 Kildare Drive, Sebastian ^ Jack Wilson, Rose Arbor Drive, Sebastian ^ Ilka Daniel, Outreach Services, Humane Society ^ Damien Gilliams, 1623 US 1, Sebastian ^ Patrick Quinn, Barker Street, Sebastian Joe Scozzari, 1401 Thornhill Lane, Sebastian, said it needs to be determined whether larger dogs would require higher insurance. Mayor Coy described her positive visit to the Sanford Dog Park and supported approval in concept. Mr. Neglia noted we have not decided on the site. 10 Regular City Council Meeting June 27, 2007 Page Eleven Mr. Paternoster asked Mr. Wright whether the petition included addresses, who responded it was not a professional petition and it was placed at the Humane Society. Mr. Paternoster said he had asked for a survey for demonstrated need and Mr. Wright said he and the City Manager didn't feel it was appropriate for members of the committee to conduct a survey of the City and it should be done by City staff and it was premature to survey in a specific area until Council decides it wants to go forward. Mr. Paternoster cited a notation in the backup literature that states some of the information was derived from the Internet and was not specific to the City of Sebastian. He said he would hope that Mr. Wright would want to represent the people of Sebastian. Ms. Simchick called a point of order and stated that Parks and Recreation Committee is a volunteer committee and felt there was some hostility toward someone who invested their time for free. Mr. Wright began to respond to Mr. Paternoster but was interrupted by him. Mayor Coy gaveled and said this is not an argument and Mr. Paternoster spoke and she again gaveled him and said by Roberts Rules when she gavels he will be quiet. He said he would not and was talking to the gentleman. He said if she did not like the tone of his voice he would apologize for that but he needs to get his questions answered clearly. Mayor Coy gaveled again and said she is not finished and said he is out of order. Mr. Paternoster said she had no more authority than anyone else in this even though she chaired the meeting and invited her to ask Mr. Stringer. Mayor Coy asked the City Attorney to tell Mr. Paternoster when the gavel goes down what it means. The City Attorney said it means a temporary stoppage to clarify what is going on. Mayor Coy said regardless of whether a member of the public or Council is speaking when the gavel goes down it means silence and as Mayor she gets to direct the next point. She said she agreed with the point of order because this was an interrogation of a volunteer who serves on our Parks and Recreation Board and asked who in their right mind would want to volunteer to serve if they are to be treated in that manner. Mayor Coy gaveled Mr. Scozzari who yelled something from the audience. The City Attorney said the gavel was appropriate at the time because two people were speaking at the same time. 11 Regular. City Council Meeting June 27, 2007 Page Twelve Mayor Coy asked Mr. Paternoster to continue but to do it in a manner that is decent to a citizen of Sebastian who is volunteering his time, and he responded that he apologized that she is unable to interpret his passion for a particular subject. Mr. Paternoster continued his questioning about "demonstrated need" and the petition, clarified that there is funding for a mail out survey from the City Manager. Mr. Wright clarified the committee has no funding of its own. Mr. Paternoster asked for information about the Sanford Park, said he would like to hear from the people as to whether they want a dog park, and how would the City know if all dogs have shots. Mr. Wright provided information about the Sanford Park to Mr. Paternoster. Mayor Coy said to let the record show there was no consensus of Council to do a mailing. Ms. Simchick read the City's mission statement and said this volunteer committee has done more than enough to prove need and only wanted Council to approve the concept and then it is out of their hands. Mr. Wolff said he was confused because at the last meeting the park was pretty well defined down to the name which concerned him, and now the Committee is presenting a concept which he likes better. He cited a newspaper article about the Vero dog park being in dire financial need. Carol Wilson, Rose Arbor Drive, said the Vero park is a paid park which costs $300 per year. Mr. Wolff said it is difficult to place a dog park in a residential area, and perhaps the City could look at airport property, noting buildings at Barber Street Sports Complex are in dire need of repair, said he liked a concept but strongly objects to location in a residential area and perhaps Council could direct staff to look at an appropriate area and set up a budget. Mayor Coy said as a board they can only go so far, and now it is up to Council to direct staff to bring back some ideas and commended the committee for its efforts. Mr. Neglia said this was brought to Council a year ago, and it would have been better if the other group had come directly to us. He noted that 74 of the people who signed the petition were not from Sebastian. MOTION by Mr. Neglia and SECOND by Ms. Simchick to present this to the City Manager to have staff to look into how to proceed with this and to approve the concept. Roll call on the motion was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed 12 Regular City Council Meeting June 27, 2007 Page Thirteen 13. NEW BUSINESS 07.132 A. Building Department (Transmittal and R-07-26 Under Separate Cover) i. Financial Update and Action Plan Mr. Neglia was excused 9:45 pm to 9:47 pm. The City Manager reiterated his recommendations as set out in agenda packet. He recommended Council authorize eliminating three positions in the Building Department by early retirement buyout to avoid a reduction in force (RIF), and adopt Resolution No. R-07-26 to increase permit fees. Mayor Coy offered first to allow any member of staff affected by this to address Council. There were none. Joe Scozzari said forcing people into retirement while Council takes big bonuses and Charter officers get big pay is wrong. Louise Kautenberg, Sebastian said this was not a surprise since this is an enterprise fund, and building is cyclical. She said there are new contracts that there be no open permits, and said raising the permit fees might help. Damien Gilliams, Sebastian, asked how the City could not see this coming, and whether anyone is keeping an eye on things around here, noting the County laid people off last year. He said early buyout is a good idea and the last hired should be the first to go. Mr. Neglia asked what building inspectors do during non-activity and the City Manager said they do nothing and it is the plan that they would do the permitting during those times. The City Manager said the City requires a contractor license on top of the State license, and Council will need to decide whether they want to continue this or find some other area to handle it. Mr. Paternoster asked for clarification of the personnel costs. Mr. Wolff said that cross training is going to be necessary to make this work and suggested an interview to see how cooperative the inspectors will be, and agreed with a fee for expired permits. He said he researched fees and the A/C change out fee might want to be reconsidered, however he supports the plan. 13 Regular City Council Meeting June 27, 2007 Page Fourteen The City Manager said he met with CWA and then brought in the affected parties, things did not go rosy but understood the message, there was some appreciation, and concern that the retirement plan be approved by Council because they are concerned about RIFs. He said he does appreciate the way the staff has taken this and it speaks highly of the people who work for you. MOTION by Mayor Coy and SECOND by Mr. Paternoster to approve the early retirement buyout plan and provide spending authority up to $100,000. Roll call on the motion was as follows: Ayes: Coy, Neglia, Paternoster, Simchick, Wolff Nays: None Passed Resolution No. R-07-26 - Building Permit Fees A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA AMENDING VARIOUS BUILDING PERMIT FEES PURSUANT TO CITY CODE SECTION 26-35; PROVIDING FOR PENALTIES, PLAN-CHECKING FEES, CONFLICTS AND EFFECTIVE DATE. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to approve Resolution No. R-07-26. Roll call on the motion was as follows: Ayes: Coy, Neglia, Paternoster, Simchick, Wolff Nays: None Passed MOTION by Mr. Neglia and SECOND by Ms. Simchick, to extend the meeting passed on a voice vote of 5-0. Mayor called recess from 10:25 pm to 10:30 pm. All members present. 07.133 B. City Manager Evaluation and Contract Review (Requested by Council Member Paternoster (no backup) City Council discussion took place on establishing a goal setting process to give direction, getting together at a planned meeting, whether specifics of the contract would be reviewed during the planned meeting, bringing in a facilitator which was not approved, that it would be a professional courtesy to sit one on one with the Charter officers and not blindside them on public television, and anything should be open at this table. 14 Regular City Council Meeting June 27, 2007 Page Fifteen MOTION by Mr. Paternoster to have this get together as soon as possible if Council can get an approximate date so all members know what to get together for this meeting. There was no second but consensus was reached as set out below. After some discussion it was decided to have the "retreat" on a Saturday workshop during the day in July and everyone could send their preferred schedule to the City Clerk, that this would include all three charter officers, and it should be only the Council and the Charter Officers in attendance. The City Manager said he would put together all of Council's ideas for the agenda. 07.115 C. First Reading -Ordinance No. 0-07-12 -Cemetery -Definition of Proof of 70-73 Residency -Set Public Hearing for July 11, 2007 (City Clerk Transmittal, 0-07-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 34-11 OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY SITE PRICES AND ADDING A PROVISION TO CLARIFY A SEPARATE FEE FOR SEBASTIAN RESIDENTS AND PROOF THEREOF; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, to approve 0-07-12 cemetery definition of proof of residency and set the public hearing for July 11, 2007. Roll call on the motion was as follows: Ayes: Paternoster, Simchick, Wolff Coy, Neglia, Nays: None Passed 07.115 D. Resolution No. R-07-25 -Revised Cemetery Rates (City Clerk Transmittal, 74-77 R-07-25 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO MUNICIPAL CEMETERY RATES; ESTABLISHING RATES FOR IN-GROUND LOTS, CREMAINS LOTS, COLUMBARIUM NICHES, PERSONNEL SERVICES, CORNER MARKERS, AND NICHE VASES AND RINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. MOTION by Mr. Neglia, and SECOND by Ms. Simchick, to adopt Resolution No. R-07-25 establishing new rates for the Sebastian cemetery effective July 11, 2007. Roll call on the motion was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed 15 Regular City Council Meeting June 27, 2007 Page Sixteen 07.134 E. Approve Lump Sum Contract to Derrico Construction Corp. in Amount Not to 79-81 Exceed $135 134 for Davis Street Baffle Box Project Construction w/Completion Within Six Months of Notice to Proceed (Engineering Transmittal, Neel-Schaffer Letter MOTION by Mr. Neglia and SECOND by Mr. Paternoster, to approve contract award for construction of baffle box project at Davis Street and Indian River Drive with the addition of $17,187. Roll call on the motion was as follows: Ayes: Wolff, Coy, Neglia, Paternoster, Simchick Nays: None Passed THE FOLLOWING ITEMS WERE NOT ADDRESSED AND WILL BE CARRIED FORWARD TO THE BEGINNING OF THE NEXT REGULAR MEETING EXCEPT ITEMS 18.A.i. AND 18.C.i. 07.025 F. Resolution No. R-07-24 -Repealing Resolution No. R-97-27 Special Use Permit 83-85 806 Indian River Drive (City Attorney, R-07-24) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA RESCINDING RESOLUTION R-97-27 CONCERNING OUTDOOR SEATING AT 806 INDIAN RIVER DRIVE; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. 07.124 G. Florida League of Cities Annual Conference (City Clerk Transmittal 6/20/07, FLC s7-s2 Memo 6/8/087) i. Select Voting Delegate ii. Submit Resolutions if Needed 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within fhe previous six months which is not otherwise on the agenda 07.135 A. Joe Scozzari -Special Overlay District Regulations that Inhibit Commercial Development (no backup) 07.136 B. Damien Gilliams i. Marina Proposal (no backup) 07.137 ii. Donation (no backup) 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 16 ~~ r' ° G~.~.. C.. J •- ~~'f'/~~itJ c7 L s ~ (~ CJ ~//f ~ ~ ~ -'/C ~/ ~/ .t/ ~' /jam '~" ~ ~ ~ ~ ~ ~~~~ ~~ ~ J 1,n ~-~ ~i2- ~ ~..~, ~ ~.: s ~~..~ .mss G ~ ~c.~ ~ ~~ .~ ~~~~ ~e°e% a ~ d ~7 .c__ Vii? , -. ~/ / _ y ~ ~ ~ _ ~ /~ r ~ ~ y ~~ r -~ ~ ~ y ~~l r J ~ //~,c~ a~ ~ ~..~~ /j S s /~ ~ / / / / /`J-~°~ C . ~_ 4 ~ r f ~ // `. ~, ..~. y .~ .. _ T _ ,~ !~ ~~ f~ A --. »a ~; y ~ ~~ ~,/ / /_ ,. ,;~/ '~ ~ ~ i ;, r:;a __ :a ~ ,~iC _ _P __ ti~ ;Y ...... ....:.,y.i.. 3' a .{ Hushmail -Free Email with Privacy - dogpark@hushmail.com Page 1 of 2 Dka Daniel <idaniei@hsvb.org> To: dogpark@hushmail.com _ Cc: Subject: RE: Next. Steps. for Dogs' Best Friends. Date: Wed, 23 May 2007 11:01:23 -0400 Attachments: Dear Friends, I have had opportunity to look at several figures for population of dogs in Indian River County. I spoke with Jason Ogilvie, Director of Animal Control for Indian River County. We are all aware that these numbers do not reflect total populations as some people do not license their pets, even though they are required by law to do so. ~~ J,,z`f~ r ~;., * The 32958 zip code has a current data list of 8,247 records. Current estimates consider a factor of approximately 40% of the population as licensed. * IRC total records are 32,893 for licenses. Another method of calculating pet populations is to take the current population of the county. Estimate that half the population are pet owners, and then divide that by 1/3 as being dog owners. _ ~ Z~ ~~~~ ~ Either calculation puts us in the ball park figure of Animal Controls records. Approximately 20% of dog owners frequent places with their pets such as / ~ y ~ Humane Society, Petsmart, public dog events, etc. I did speak with Joan Carlson our Executive Director and we would be glad to conduct some type of survey at our front desk, should the need arise. Please keep me informed regarding any meeting that I can attend to fizrther your efforts. Sincerely, Ilka Ilka Daniel Director of Outreach Services Humane Society of Vero Beach & Indian River County, Fl. Inc. 772-388-3331 ext_ 28 ----Original Message---- From_ d~gpark@hushmail_com [mailto:dogpazk@hushmail.com] Sent: Friday, May 18, 2007 12:23 PM httpsJ/mailserverl 0.hushmail.com/hushmail/message/print.php?PHPSESSID=hm2a4b 1f0... 6/25/2007 Dog Pnrk Usage • 8,247 Licensed Pets = 40% of Total • Therefore there are 12,000 Unlicensed Pets • 1/3 of Total are Dogs = b,700 • 20% of Dogs are taken to Events = 1,340 = Dog Park Target Population • 40% of target wi I I use Dog Park = 500 Dogs • 25°lo wi I I use Daily = 125 Dogs • 50% will use Weekly = 250 Dogs • 80% wil l use Monthly = 400 Dogs • 80% of usage will be from Park Opening to 9:00 AM or 4:00 PM to Par k d ose and on Weekends • Average length of stay is 45 Minutes • Park use will normalize in 2-1/2 Years- ~~~~ f~~.4~'~ r NOTE: Some of the information referenced above is based upon empirical and/or extrapolated data derived from Internet searches and may not represent condi- Lions in Sebastian, FL.~ ~.fJ ~~,(~ ~ / /~/%/Q/_,, /ply ~s ~~