Loading...
HomeMy WebLinkAbout08082007crn ~ ~~~T~~ .:-- - -_ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 8, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY REINSPECTED /N THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER WOLFF 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. ITEMS CARRIED FORWARD FROM JULY 25. 2007 REGULAR MEETING 07.154 1. Update on Additional Stormwater Assessment Process (Code 102-121-, FS 1-25 197.3632, FS 403.0893, R-01-10, R-01-56, R-02-40) 8. PROCLAMATIONS, PRESENTATIONS, BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff 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. 27-39 A. Approval of Minutes - 7/25/07 Regular Meeting 41-55 B. Approval of Minutes - 7/28/07 Retreat Workshop 07.056 C. Contract for FY2007/08 Property, Casualty & Liability Insurance to Florida 57-59 Municipal Insurance Trust in the Amount of $274,054 and Authorize City Manager to Execute (Finance Transmittal, Bid Tabulation) 10. COMMITTEE REPORTS & APPOINTMENTS 07.001 A. Parks & Recreation Advisory Committee 61-ss (Clerk Transmittal, Application, List, Ad) i. Interview, Unless Waived, and Appoint Regular Member Position to Expire May 31, 2010 11. PUBLIC HEARINGS -None 12. UNFINISHED BUSINESS 07.057 A. Art and Music Festival - Lisanne Monier (Transmittal, 2002-2006 Contract, s~-s3 Contract Proposed in 2006, 3/22/06 Minutes Excerpt, 4/12/06 Minutes Excerpt) 13. NEW BUSINESS 07.058 A. Council Action on Issues Discussed at 7/28/07 Council Retreat Workshop (City s5-ss Clerk/City Manager Transmittal) 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 -speakers are asked to try to limit input to five minutes 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CI' A. B. 07.059 C. D. E. TY COUNCIL MATTERS Mr. Paternoster Ms. Simchick i. Vision/Wish List Format Mr. Wolff Mayor Coy Mr. Neglia 2 19. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE /N THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on Corncast Channel 26 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F, S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS INADVANCE OF THIS MEETING. Upcoming meetinc,~s: August 15, 2007 - 6:00 p.m. -City Council Budget Workshop August 22, 2007 - 7:00 p. m. -Regular Meeting September 10, 2007 - 6:00 p.m. -Special Meeting - 1 S~ City Council Budget Hearing September 12, 2007 - 7:00 p.m. - Redgular Meeting September 19, 2007 - 6:00 p,m. - 2" City Council Budget Hearing September 26, 2007 - 7:00 p.m. - Regu/ar Meeting 3 an a . E~ ~~.-, ~~ City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: ~ 7 ~ ( ~ Stormwater Assessment Department Origin: ~,F~~. City Manager City Attorney: Date Submitted: 8/2/07 For Agenda of: $/8/07 Exhibits: Code 102-121 ~ 102-129; R-01-10; R-01-56; R-02-40; FS 197.3632; FS 403.0893 SUMMARY STATEMENT Have provided City documents relative to: Code 102-121 -102-129 creating Stormwater Utility (see 102-125) R-01-10 re: imposition of special assessments R-01-56 re: setting preliminary utility rate for public notice R-02-40 re: adoption of maximum rate $4.00 per ERU for FY 2003 FS 197.3632 re: method for levy of non-advalorem assessments FS 403.0893 re: stormwater funding 0 O § 102-121 SEBASTIAN CODE ARTICLE V. SEBASTIAN STORMWATER UTILITY* Sec. 102-121. Utility established. There is hereby created and established in the city, in accordance with section 403.0893 of the Florida Statutes, a stormwater management utility entitled the Sebastian Stormwater Utility. This utility shall be responsible for the city's stormwater management. (Ord. No. 0-16-O1, § 1, 9-26-O1) Sec. 102-122. Powers and authority. The Sebastian Stormwater Utility shall have all powers necessary for the exercise of its responsibility for the drainage from all properties within the city, including, but not limited to, the following: (1) Preparation of plans for improvements and betterments to the stormwater manage- ment system. (2) Construction of improvements and betterments to the stormwater management system. (3) Promulgation of regulations for the use of the stormwater management system, including provisions for enforcement of such regulations. (4) Review and approval of all new development permits within the city for compliance with stormwater management regulations included in present city ordinances or ordinances later adopted. (5) Performance of routine maintenance and minor. improvement to the stormwater management system. (6) Establishment of charges for connection and' use of the stormwater management system. (7) Evaluation of water quality concerns for discharges to the stormwater management system. (8) Performance of all normal utility functions to include construction, operation, and maintenance of the city's stormwater management system, including, but not limited *Editor's note-Ord. No. 0-0-16, adopted Sept. 26, 2001, §§ 1-9, enacted Article V, entitled Sebastian Stormwater Utility, designated as §§ 102-100-102-108. Such sections have been redesignated by the editor as §§ 102-121-102-129, in order to reserve sections for future additions. Supp. No. 38 CD102:14 3 ~~ 0 UTILITIES § 102-124 to, the hiring of staff, the selection of special consultants, the entering into contracts for services and construction of facilities, and the handling of purchase, lease, sale or other rights to property for the stormwater management system. (9) Issuance of revenue bonds or other debt instruments for the purpose of performing those duties as described herein. (Ord. No. 0-01-16, § 2, 9-26-01) Sec. 102-123. Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Calculated impervious surface of an ERU means for purposes of determining a stormwater fee, the calculated impervious surface of an ERU shall be deemed to be 3,285 square feet. Developed nonresidential property means property zoned for uses other than for residential purposes upon which improvements have been constructed. Developed residential property means property zoned for residential use upon which is constructed one or more dwelling units. This would include single-family or multi-family dwellings, condominiums and duplexes. Equivalent residential unit (ERU) means the statistical average horizontal impervious area of all residential units in the city. Exempt property means property which shall not subject to a stormwater fee, which is limited to: (1) Common areas within multi-family areas. (2) Property which is perpetually designated for conservation land uses or which, because of its environmentally sensitive character, cannot be developed under present envi- ronmental protection regulations. (3) Publicly owned road and drainage right-of--way. Undeveloped parcels means unimproved property zoned for uses other than for single-family residential purposes or property zoned for residential uses upon which no subdivision improvements have been constructed. Undeveloped single-family residential property means property improved and subdivided into single-family residential lots upon which no dwellings have been constructed. (Ord. No. 0-01-16, § 3, 9-26-O1) Sec. 102-124. Stormwater fee; imposition and calculation of. (a) Imposition. A stormwater fee is hereby imposed upon all property within the city unless otherwise exempted, for services and facilities provided by the stormwater management system. For purposes of imposing the stormwater fee, the city has obtained the services of a consulting engineer to develop the statistical rationale for providing just and equitable rates, fees, and charges for the facilities and services provided by the system. Supp. No. 33 CD102:15 § 102-124 SEBASTIAN CODE (b) Application and classification. (1) Developed residential property. Each dwelling unit shall be billed at a flat fee of one ERU per month. (2) Undeveloped single-family residential property. Each undeveloped single-family lot shall be billed for one ERU multiplied by a correction factor of 0.67 to calculate the flat monthly rate. (3) Undeveloped parcels. Each undeveloped parcel shall be billed at a rate determined by dividing the total land area of the properties, in square feet, by 11,154 which represents the square footage of a statistically average residential building site in the city, multiplied by a correction factor of 0.67 to arrive at the number of ERUs for that parcel. (4) Developed nonresidential property. Each parcel of developed nonresidential property shall be billed at a rate determined by dividing the total impervious area of the parcel by the calculated impervious surface of an ERU to arrive at the number of ERUs for that parcel (5) Exempt property. Service charges shall apply to all properties within the city, including those properties classified as nonprofit or tax-exempt for ad valorem tag purposes. Service charges shall apply to all government properties, including properties of the city, including the city owned buildings, parks, and other properties. However, exempt property shall not subject to a stormwater fee. (c) Within the guidelines and procedures established by administrative regulations duly promulgated by the utility, a landowner may apply for a credit for constructed retention facilities pursuant to St. John's River Water Management District requirements or for the existence of atypical physical features to the site, and the city shall reasonably determine said credit based upon the equitable pro-rata decrease in the total services required of the utility in providing the systemic benefits of stormwater management to the property. (Ord. No. 0-01-16, § 4, 9-26-O1; Ord. No. 0-04-15, § 1, 7-28-04) Sec. 102-125. Establishment of fee. There is hereby established as the initial fee for one equivalent residential unit (ERU) the sum of $4.00 for each month. Said fee shall continue in effect unless and until the city council, by resolution passed by supermajority, establishes a different rate for any fiscal period following the 2001-2002 fiscal year. (Ord. No. 0-01-16, § 5, 9-26-01) -~~.... Sec. 102-126. Collection. (a) Fees for the Sebastian Stormwater Utility levied pursuant to the Code shall constitute a non-ad valorem assessment, as set forth in Chapter 197, Florida Statutes, and shall be collected pursuant to the uniform method of assessing, billing and collecting of the same. The stormwater fee is to be henceforth assessed annually to the owner of each parcel which is ~' Supp. No. 33 CD102:16 UTILITIES § 102-128 subject to the stormwater fee. The assessment roll prepared on electronic medium by Camp, Dresser & McKee, September 15, 2001, from records provided by the property appraiser of Indian River County, Florida, and as modified annually hereafter, is hereby adopted for this purpose. The period for which the fee is charged shall coincide with the city's fiscal year. (b) The city may utilize any other method available under the law to collect the stormwater utility fee provided herein, including placement of a lien against the subject property and any real or personal property of landowner, effective as of October 1 of each fiscal period and charged until the same has been paid in full, and said lien thereby created shall be co-equal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid and shall be enforceable in accordance with all available provisions of law. (Ord. No. 0-01-16, § 6, 9-26-01) Sec. 102-127. Stormwater utility trust fund; use of funds. (a) There shall be established a Sebastian Stormwater Utility Fund for the deposit of all fees collected pursuant to this article.. (b) The stormwater utility fund shall be used exclusively to provide funding for the stormwater management program. (Ord. No. 0-01-16, § 7, 9-26-O1; Ord. No. 0-04-15, § 2, 7-28-04; Ord. No. 0-05-16, § 1, 8-24-05) Sec. 102-128. Appeal of fee amount; procedure. (a) After having paid in full all utility fees invoiced against his property, any property owner shall have the right to appeal either the utility fee charged, or a credits determination pursuant to section 102-103(c), with respect to his property as follows: (1) Within 30 days of either the initial mailing of the utility fee bill, or the written determination as to credits, whichever date is relevant, the property owner shall have the right to appeal to the city council. The city council shall have 30 days from the receipt of the notice of appeal within which to hold a hearing on the appeal and thereafter shall render a determination. (2) If the appellant prevails and it is decided a refund is due, the refund amount shall be in accordance with the determination on appeal but shall not include any interest on the refunded fee. (31 Upon filing of a pr~r peu~r ~~`~~ 3~ da~-s of the 3~~2~ation of city council, said determination m..<'~- ae ..o, ~~~~ •..: :~ ~~ :.~: r.^a:_-~ b~- ~s-:-i: of ce_-~tiorari upon the record made before the city council. (b) Notwithstanding the provisions set forth above, any property owner shall have until December 1, 2001, to request a review by the city manager of the utility fee bill for fiscal year 2001-2002 for claims of errors in classification or calculation. As a condition of requesting such review, the property owner must pay his good-faith estimate of the fees actually due. The city manager may deny the appeal or modify the amount of the fee. The owner may appeal the city Supp. No. 36 CD102:17 § 102-128 SEBA.STL4N CODE manager's determination to city council within 30 days and thereafter follow the procedures set forth in subsections (a)(1) -(3) above. Any claims relating to a credits determination pursuant to section 102-103(c) must be appealed in accordance with the standard procedure set forth abo~•e. (Ord. Igo. 0-01-16, § 8, 9-26-01) Sec. 102-129. Additional regulations. The city manager may promulgate reasonable regulations concerning the operation of the Sebastian Stormwater Utility, with said regulations subject to modification or nullification by resolution of the cit3- council. (Ord. No. 0-01-16, § 9, 9-26-O1) G Supp. No. 36 CD102:18 RESOLUTION NO. R-41-10 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ELECTIl~TG TO USE . TBE UNIFORM METHOD OF COLLECTING NON AD VALOREM SPECIAL ASSESSMENTS FOR STORMWATER SERVICES; STATIlVG A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILIl~iG HEREOF; PROVIDING FOR AN EFFECZZVE DATE. . WHEREAS, the City of Sebastian, Florida is contemplating the imposition of special assessments for the provision of stormwater improvements and services; and WHEREAS, if such a~ are impiemeirted the City intends to use the uniform method for collecting non-ad valorem special asses~etrts for the cost of providing stormwatea improvements and services within the incorporated area of the City as authorized by section 19'7.3632, Florida Statutes, as amended, because this method w~71. allow such special assessments to be collected anmialt}- commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHSiitEAS, the City held a duty advertised public hearing prior to the adoption of tins Resolution, proof of publication of such hearing being attached hereto as Extu'bit A; NOW, THEREFORE BE iT RESOLVED: Section 1. Commencing with the Fiscal Year beginning on October 1, 2001 and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non-ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem assessments for the cost of providing stormwater improvements and services. Such non-ad valorem assessments shall be levied within the incorporated area of the City, and the area subject to the assessment shall be all lazed within the corporate limits of the City of Sebastian as constituted under the law. 0 Section 2. The City hereby determines that the levy of the assessmecrts is needed to fund the cost of stonmwater improvenne~nts arai services within the incorporated area of the City. Section 3. Upon adoption, the City Clerk is hereby directed to send a copy of this Resohrtion by U. S. mail to the Florida Departmelrt of Revenue, the Indian River County Tax Collector, and the Indian River Cowrty Property Appraiser by March 10, 2001. Section 4. This Resolution shall be effective upon adoptioa l~ The foregoing Resolution was moved for adoption by Counalmember The motion was xconded by Councilmember and, upon being p mto a vote, the vote was as follows: Mayor welter Barnes Vice-Mayor Ben A Bishop Councilmember Joe Barczyk Councilmember tames I~u Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed February 2001. AI1'EST: ~ ~~ Sally A o, CMC City Clerk adopted 28th day of CITY OF SEBASTIAN, FLORIDA By: wa ~~i.A $ldn~_ Mayor Walter Barnes . Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City rney r PRESS JOURNAL INDIAN RIVER COUNTY, FLORIDA 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION sraTE of= FLORIOa COUMY OF INDIAN RIVER Before the undersigned authority perawialty appeared, Darryr K. Hicks, who on oath says that M is President of the Press Journal, a daNy newspaper publshed at Vero Beach ~ Indian River County, Florida; that the attached copy of advertisement was pubdahed in the Press Journal in the foAowirp issues bebw. Afflent further says that the saki Press Journal fs a newspaper published at Vero Beach in sald IrKian River Countyy, Florida and that the said newspaper has heretofore been continuousy pubtlshed in said Indian River County, FkxWa daily and distributed M Indian River County, Fbride, for a period of one year next preceding the the flrat publication of attached copy of advertisement; and afflant further says. that he has neither paid nor promised any'peraon, flnn or corporetion any discount, rebate, commission or refund for the .purpose of securing this adverdssmsnt for publication in the said newspaper. The Press Journal has been entered as second class matter M the Post OBk:e M Vero Beech, Indian River Courriy, Florida and has been for a perk of one year next preceding the first publication of the attached copy of advertisement. Ad #k b.$m~ Date Price Per Dav PO ~ 2074169 City of Sebastian .City of Sebastian City of Sebastian City of Sebastian 02/02/2001 =79.19 02/09/2001 579.18 02/16/2001 179.18 02/23/2001 179.19 Total Ss16.72 Subscribed and sworn to me before this date: 02/21/2001 ~ ~ ~ Notary tic Kf~~ P ttfJ~B ~... irrrr-il~t'S` 1`li 70 USE srau.oe :5: fterldw Or A l~' ow~:~s' or Ytr;rgfa;~ ~iNrlwd'of ool- ~.nod.dd:+dla.t tt»dd snrnr;•to M Iw4d ~AMdn ~ NiooryoreMd:: sae of 115 ~kr:lfr` Cod.of;P-evNlrg !e4dfr' lsipiorwMnlt ad , IwsaorwsdsplerYr~is- ror'nouer.o ne Oetob.r ? oot;lt»~.~la.°~na+.. i adoplieo°cf ,a:,.wlu~loe 1, Rap<io- ws tir,~~sdt6nn and of ;adl~dirq s'ueh d~rdt oueoNSa.ty i~o- 197:3692;'FIcrM1a Stahdsa S~ Horidn Suds reiPeen d 1h boi"dc F1Fe'i'ed Pro1+MY sub Nw; levy. t:opi~s of Ms d; tct~'of;rooluaoti ~conleies dh~.l~pal IioR ei:la r~pi.piapsrlY I 'fa'1M~_Iny, are oo file DIRe~_,oi_aw;.Citytlerk gsliirY~"1odlMd: ;;4 iij #i~~wid anY P!~+~ ~+ b:ogisal ory' .dsdda!'by'Ihs dM wwMh i[~!P!~ b ~ nwar iitaq(ne ]o•Me of tsf~riiidid`,'~pu8lkf'hserlnp, e wiMr,:~h: p.POn~.,vy nrd +o' ips,rtivlljet~ MrheNs r~aord ~r:r,,.pebik ~ ~ ..ea., ~„~>~ .~.,~, as : a.. ,wl~ ~ •.,;ialerirl:,t~ayf.7-aey~.prw. ro , rhi.. deM:oF tlr -sine at i et~sa2ss3o. o~~ ~: zm dor el ~. ~: ,6y.OrdwoF ",: a4t ef.S.baNan. Pbrido --._ -t-T~irwips~R, Mow6 :~ d1YMoiKgsr_'. F+6:2;~9. )6. ~ 2001. 207A169r ~I IZ RESOLUTION NO. R-01-10 A RESOLUTION OF 1'~ CITY OF SEBASTIAN, FLORIDA ELECTIl~TG TO USE . THE UNII+ORM METHOD OF COLLECTING NON AD VALOREM SPECIAL ASSESSMENTS FOR STORMWATER SERVICES; STATING A NEED FOR SUCH LEVY; PROVIDING FOR T$E MAILIl~TG HEREOF; PROVIDING FOR AN EFIECTIVE DATE. WHEREAS, the City of Sebastian, Florida is contemplating the imposition of special assessments for the provision of stormvvater improvements and services; and WHEREAS, if such assessments are implemented the City intends to use the uniform method for collecting non-ad valorem special asses~nemts for the cost of providing stormwater improvements and services within the incorporated area of the City as authorized by section 197.3632, Florida Statutes, as amended, because this method wdl allow such special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, the City held a duly advertised public hearing prior to the adoption of tins Resolution, proof of publication of such hearing being attached hereto as Exlu'bit A,; NOW, THEREFORE BE iT RESOLVED: Section 1. Commencing with the Fiscal Year beginning on October 1, 2001 and with the tax statement waded for such Fiscal Year, the City intends to use the uniform method of collecting non-ad valorem assessmens authorized in section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem assessments for the cost of providing stormwater improvements and services. Such non-ad valorem assessmems shall be levied within the incorporated area of the City, and the area subject to the assessmem shall be all land within the corporate limits of the City of Sebastian as constituted under the law. 131 r Section 2. The City hereby determines that the levy of the assessments is needed to fund the cost of stormwater improvements and services within the incorporated area of the City. Section 3. Upon adoption, the Cifiy Clerk is hereby directed to send a copy of this Resouion by U.S. mail to the Florida Department of Revenue, the Indian River County Tax Collector, and the Indian River County Property Appraiser by March 10, 2001. Section 4. This Resolution shall be effective upon adoption The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being into a vote, the vote was as follows: Mayor welter Barnes ~ce~Mayor Ben A Bishop Councilmember Joe Barc~yk Councilmember James ITill Councr7member Edward J. Majcher, Jr. (4 The Mayor thereupon declared this Resohrtion duly passed and adopted 28th day of February 2001. CITY OF SEBASTIAN, FLORIDA A.fTEST: < <+" Sally A 'o, CMC City Clerk ~~ ~~~ ~~ Mayor Walter Barnes . Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City rney RESOLUTION NO. R-01-56 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, SETTING A PRELIMINARY STORMWATER UTILITY RATE FOR PURPOSES OF PUBLIC NOTICE; PROVIDING FOR NOTICE TO THE PROPERTY APPRAISER; PROVIDING AN EFFECTIVE DATE. WHEREAS, City Council is considering establishing a stonmwater utility to address the health and safety needs of the citizens of Sebastian; and WHEREAS, the charges for said services, if adopted, would be collected under the uniform method for collection of non-ad valorem assessments under state law; and WHEREAS, under said statutory scheme, the maximum proposed charge and the notice of hearing for adoption of a final utility rate are included in the notice of proposed taxes (commonly called the "TRIM" Notice) mailed to each property owner by the Property Appraiser of Indian River County; and WHEREAS, based upon the input of the City's stormwater consultants, staff recommends a maximum stormwater utility rate of $4 per month per Equivalent Residential Unit (ERU), which shall be adjusted to reach an equivalent fee for vacant and commercial lands, and further adjusted for credits for on-site retention/detention, all in accordance with sound engineering principles. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF TAE CITY OF SEBASTIAN, IlVDIAN RIVER COUNTY, FLORIDA, as follows: 15' Section 1. ADOPTION OF PRELIMINARY RATE. The City Council hereby adopts a preliminary maximum fee rate for the proposed Sebastian Stormwater Utility of four dollars ($4) per month per ERU. Staff is authorized to determine the equivalent charge for all commercial and vacant parcels within the City, and further adjust this charge to reflect appropriate credits for on-site retention/detention, all in accordance with sound engineering principles. Section 2. SETTING HEARING AND AUTHORIZING TRANSMITTAL. A public hearing to adopt a final fee rate for stormwater chazges for Fiscal Year 2001-2002 is ?.~ ~ hereby set for the regulaz City Council meeting of September y~! 2001, and staff is authorized to transmit the proposed charges as calculated under the rates adopted under Section 1, as well as the hearing date, to the Property Appraiser of Indian River County for inclusion on the TRIM Notice for the current year. Section 3. All Resolutions or parts of Resolutions in conflict herewith aze hereby repealed. Section 4. This Resolution shall become effective immediately upon adoption. ~~ 2 ~ ~ aM~~~ ~c ~~8/ai aC ~~fi:~ The foregoing Resolution was moved for adoption by Councilmember Hill The motion was seconded by Councihnember Ma jcher and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes aye Vice Mayor Ben Bishop aye Councilmember Joe Barczyk aye Councilmember James Ilill aye Councilmember Edward Majcher aye The Mayor thereupon declared the Resolution dully passed and adopted this 11th day of July, 2001. ATTEST: \~n ~ - ` G~ ~j+ aio, CMC City Clerk (SEAL) CITY OF SEBASTIAN, FLORIDA By: U~'G't~~1 ~ 0.0 Walter Barnes, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 3 ~1 ~ec~~ 1~ RESOLUTION NO. R-02-40 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REAFFIRMING AND ~ ADOPTING THE MAXJ[MUM STORMWATER UTILITY RATE OF $4.00 PER MONTH PER EQUIVALENT RESIDENTIAL UNIT; ADOPTING THE ASSESSMENT ROLL FOR THE FISCAL YEAR OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2003; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council adopted Ordinance No. 0-01-16,. establishing a Stormwater Utility; and WHEREAS, Ordinance No. 0-01-16 established the maximum stormwater utility rate of $4.04 per month per Equivalent Residential Unit (ERU); and WHEREAS, the City of Sebastian expanded its boundaries via annexation during the current year resulting in the necessity to adopt the assessment roll for the stormwater utility fee. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. MAXIMUM STORMWATER UTILITY RATE. The maximum stormwater utility rate is reaffirmed and adopted at four dollars ($4.00} per month per equivalent residential unit for the collection year October 1, 2002 through. September 30, 2003 as provided in Sebastian Code of Ordinances Section 102-125. Section 2. ASSESSMENT ROLL. The assessment roll for the fiscal year October 1, 2002 through September 30, 2003, as provided to the Indian River County Property Appraiser's office is hereby adopted. Section 3. CONFI.iCT. All resolutions or parts of resolutions in conIlict herewith are hereby repealed. Section 4. EFFECTIVE DATE, immediately upon its adoption. This resolution shalt take effect /`~ The foregoing Resolution was moved for adoption by Councihnember Coniglio ZO The motion was seconded by Councihnember Matcher into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor James A. Hill Councilmember Joe Baxczyk Councilmember Edwaxd J. Macher, Jr. Councilmember Raymond Coniglio and, upon being put absent aye aye aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 12sh day of September, 2002. ATTEST: Sally A. M ' , CMC City Clerk CITY OF SEBASTIAN, FLORIDA James A. Hill BY~ Vice-Mapor for Walter Barnes, Mayor Approved as to form and legality for the reliance b e City of Sebastian only: Rich Stringer, City Attu ey 197.3632 Uniform method for the levy, collection, and enforcement of non-ad valorem assessments.-- (1) As used in this section: (a) "Levy" means the imposition of a non-ad valorem assessment, stated in terms of rates, against all appropriately located property by a governmental body authorized by law to impose non-ad valorem assessments. (b) "Local government" means a county,. municipality, or special district levying non-ad valorem assessments. (c) "Local governing board" means a governing board of a local government. (d) "Non-ad valorem assessment" means only those assessments which are not based upon millage and which can become a lien against a homestead as permitted in s. 4, Art. X of the State Constitution. (e) "Non-ad valorem assessment roll" means the roll prepared by a local government and certified to the tax collector for collection. (f} "Compatible electronic medium" or "media" means machine-readable electronic repositories of data and information, including, but not limited to, magnetic disk, magnetic tape, and magnetic diskette technologies, which provide without modification that the data and information therein are in harmony with and can be used in concert with the data and information on the ad valorem tax roll keyed to the property identification number used by the property appraiser. (g) "Capital project. assessment" means anon-ad valorem assessment levied to fund a capital project, which assessment may be payable in annual payments with interest, over a period of years. (2) A local governing board shall enter into a written agreement with the property appraiser and tax collector providing for reimbursement of necessary administrative costs incurred under this section. Administrative costs shalt include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. (3)(a) Notwithstanding any other provision of law to the contrary, a local government which is authorized to impose anon-ad valorem assessment and which elects to use the uniform method of collecting such assessment for the first time as authorized in this section shall adopt a resolution at a public hearing prior to January 1 or, if the property appraiser, tax collector, and local government agree, March 1. The resolution shall clearly state its intent to use the uniform method of collecting such assessment. The local government shall publish notice of its intent to use the uniform method for collecting such assessment weekly in a newspaper of general circulation within each county contained in the boundaries of the local government for 4 consecutive weeks preceding the hearing. The resolution shall state the need for the levy and shall include a legal description of the boundaries of the real property subject to the levy. If the resolution is adopted, the local governing board shalt send a copy of it by United States mail to the property appraiser, the tax collector, and the department by January 10 or, if the property appraiser, tax collector, and local government agree, March 10. 2i (b) Annually by June 1, the property appraiser shall provide each local government using the uniform method with the following information by list or compatible electronic medium: the legal description of the property within the boundaries described in the resolution, and the names and addresses of the owners of such property. Such information shall reference the property identification number and otherwise conform in format to that contained on .the ad valorem roll submitted to the department. The property appraiser is not required to submit information which is not on the ad valorem roll or compatible electronic medium submitted to the department. if the local government determines that the information supplied by the property appraiser is insufficient for the local government's purpose, the local government shall obtain additional information from any other source. (4)(a) A local government shall adopt anon-ad valorem assessment roll at a public hearing held between January 1 and September 15 if: 1. The non-ad valorem assessment is levied for the first time; 2. The non-ad valorem assessment is increased beyond the maximum rate authorized by law or judicial decree at the time of initial imposition; 3. The local government's boundaries have changed, unless all newly affected property owners have provided written consent for such assessment to the local governing board; or 4. There is a change in the purpose for such assessment or in the use of the revenue generated by such assessment. (b) At least 20 days prior to the public hearing, the local government shall notice the hearing by first-class United States mail and by publication in a newspaper generally circulated within each county contained in the boundaries of the local government. The notice by mail shall be sent to each person owning property subject to the assessment and shall include the following information: the purpose of the assessment; the total amount to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the local government will collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. However, notice by mail shall not be required if notice by mail is otherwise required by general or special law governing a taxing authority and such notice is served at least 30 days prior to the authority's public hearing on adoption of a new or amended non-ad valorem assessment roll. The published notice shall contain at least the following information: the name of the local governing board; a geographic depiction of the property subject to the assessment; the proposed schedule of the assessment; the fact that the assessment will be collected by the tax collector; and a statement that all affected property owners have the right to appear at the public hearing and the right to file written objections within 20 days of the publication of the notice. (c) At the public hearing, the local governing board shall receive the written objections and shall hear testimony from all interested persons. The local governing board may adjourn the hearing from time to time. If the local governing board adopts the non-ad valorem assessment roll, it shall specify the unit of measurement for the assessment and the amount of the assessment. Notwithstanding the notices provided for in paragraph (b), the local governing board may adjust the assessment or the application of the assessment to any affected property based on the benefit which the board will provide or has provided to the property with the revenue generated by the assessment. zz (5) By September 15 of each year, the chair of the local governing board or his or her designee shall certify anon-ad valorem assessment roll on compatible electronic medium to the tax collector. The local government shall post the non-ad valorem assessment for each parcel on the. roll. The tax collector shall not accept any such roll that is .not certified on compatible electronic medium and that does not contain the posting of the non-ad valorem assessment for each parcel. It is the responsibility of the local governing board that such roll be free of errors and omissions. Alterations to such roll may be made by the chair or his or her designee up to 10 days before certification. If the tax collector discovers errors or omissions on such roll, he or she may request the local governing board to file a corrected roll or a correction of the amount of any assessment. (6) If the non-ad valorem assessment is to be collected for a period of more than 1 year or is to be amortized over a number of years, the local governing board shall so specify and shall not be required to annually adopt the non-ad valorem assessment roll, and shall not be required to provide individual notices to each taxpayer unless the provisions of subsection (4) apply. Notice of an assessment, other than that which is required under subsection (4), may be provided by including the assessment in the property appraiser's notice of proposed property taxes and proposed or adopted non-ad valorem assessments under s. 200.069. However, the local governing board shall inform the property appraiser, tax collector, and department by January 10 if it intends to discontinue using the uniform method of collecting such assessment. (7) Non-ad valorem assessments collected pursuant to this section shall be included in the combined notice for ad valorem taxes and non-ad valorem assessments provided for in s. 197.3635.. A separate mailing is authorized only as a solution to the most exigent factual circumstances. However, if a tax collector cannot merge anon-ad valorem assessment roll to produce such a notice, he or she shall mail a separate notice of non-ad valorem assessments. or shall direct the local government to mail such a separate notice. In deciding whether a separate mailing is necessary, the tax collector shall consider all costs to the local government and taxpayers of such a separate mailing and the adverse effects to the taxpayers of delayed and multiple notices. The local government whose roll could not be merged shalt bear all costs associated with the separate notice. (8)(a) Non-ad valorem assessments collected pursuant to this section shall be subject to -alt collection provisions of this chapter, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment. (b) Within 30 days following the hearing provided in subsection (4), any person having any right, title, or interest in any parcel against which an assessment has been levied may elect to prepay the same in whole, and the amount of such assessment shalt be the full amount levied, reduced, if the local government so provides, by a discount equal to any portion of the assessment which is attributable to the parcel's proportionate share of any bond financing costs, provided the errors and insolvency procedures available for use in the collection of ad valorem taxes pursuant to s. 197.492 are followed. (c) Non-ad valorem assessments shall also be subject to the provisions of s. 192.091(2)(b), or the tax collector at his or her option shall be compensated for the collection of non-ad valorem assessments based on the actual cost of collection, whichever is greater. However, a municipal or county government shalt only compensate the tax collector for the actual cost of collecting non-ad valorem assessments. (9) A local government may elect to use the uniform method of collecting non-ad valorem assessments as authorized by this section for any assessment levied pursuant to general or z3 special law or local government ordinance or resolution, regardless of when the assessment was initially imposed or whether it has previously been collected by another method. (10)(a) Capital project assessments may be levied and collected before the completion of the capital project. (b)1. Except as provided in this subsection, the local government shall comply with all of the requirements set forth in subsections (1)-(8) for capital project assessments. 2. The requirements set forth in subsection (4) are satisfied for capital project assessments if: a. The local government adopts or reaffirms the non-ad valorem assessment roll at a public hearing held at any time before certification of the non-ad valorem assessment roll pursuant to subsection (5) for the first year in which the capital project assessment is to be collected in the manner authorized by this section; and b. The local government provides notice of the public hearing in the manner provided in paragraph (4)(b). 3. The local government is not required to allow prepayment for capital project assessments as set forth in paragraph (8)(b); however, if prepayment is allowed, the errors and insolvency procedures available for use in the collection of ad valorem taxes pursuant to s. 197.492 must be followed. (c) Any hearing or notice required by this section may be combined with any other hearing or notice required by this section or by the .general or special law or municipal or county ordinance pursuant to which a capital project assessment is levied. (11) The department shall adopt rules to administer this section. History.--s. 68, ch. 88-130; s. 7, ch. 88-216; s. 8, ch. 90-343; s. 2, ch. 91-238; s. 1013, ch. 95- 147; s. 1, ch. 97-66; s. 1, ch. 2003-70. Z~f 403.0893 Stormwater funding; dedicated funds for stormwater management.--In addition to any other funding mechanism legally available to local government to construct, operate, or maintain stormwater systems, a county or municipality may: (1) Create one or more Stormwater utilities and adopt Stormwater utility fees sufficient to plan, construct, operate, and maintain Stormwater .management systems set out in the local program required pursuant to s. 403.0891(3); (2) Establish and set aside, as a continuing source of revenue, other funds sufficient to plan, construct, operate, and maintain Stormwater management systems set out in the local program required pursuant to s. 403.0891(3); or (3} Create, alone or in cooperation with counties, municipalities, and special districts pursuant to the Interlocal Cooperation Act, s. 163.01, one or more stormwater management system benefit areas. All property owners within said area may be assessed a per acreage fee to fund the~planning, construction, operation, maintenance, and administration of a public Stormwater management system for the benefited area. Any benefit area containing different land uses which receive substantially different levels of Stormwater benefits shall include stormwater management system benefit subareas which shall be assessed different per acreage fees from subarea to subarea based upon a reasonable relationship to benefits. received. The fees shall be calculated to generate sufficient funds to plan, construct, operate, and maintain stormwater management systems called for in the local program required pursuant to s. 403.0891(3). For fees assessed pursuant to this section, counties or municipalities may use the non-ad valorem levy, collection, and enforcement method as provided for in chapter 197. History.--s. 16, ch. 86-186; s. 34, ch. 89-279. 25 Z~ cmuF ~~~s-ry ~:~~- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 25, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. 5. 6. Mayor Coy called the Regular Meeting to order at 7:15 p.m. The Pledge of Allegiance was led by Council Member Wolff. There was a moment of silence. Mr. Wolff 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 Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff City Council Absent: Vice Mayor Sal Neglia -excused Staff Present in Chambers: Airport Director, Joe Griffin Building Director, Wayne Eseltine Finance Director, Shai Francis Growth Management Manager, Jan King Human Resources Director, Debra Krueger Police Chief, Jim Davis Public Works Director, Jerry Converse MIS Systems Analyst, Barbara Brooke-Reese Staff Present at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS Items not on the written agenda maybe added only upon a unanimous vote of City Council members Mayor Coy requested the addition of R-07-30 relative to the Fellsmere litigation issue at the request of the City Attorney to Unfinished Business. The City Attorney explained that the resolution formalizes the City's request to ask the court to put everything on hold and begin negotiations. 27 Regular City Council Meeting July 25, 2007 Page Two Roll call vote result was as follows: Ayes: Coy, Paternoster, Simchick, Wolff Nays: None Passed Mayor Coy recommended adding back in Council Matters which had inadvertently been deleted and it carried on a voice vote of 5-0. 7. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 07.004 A. Certificate of Appreciation for Pat Beckwith & Diane Powers Temporary Environmental Advisory Committee Service Mayor Coy read and presented certificates to Pat Beckwith and Diane Powers. Both addressed the audience and wished the new combined Natural Resources Board the best. 07.148 B. Sebastian Clambake Foundation Presentation of Checks to City of Sebastian and Sebastian Soccer Association Anjani Grillo, President of the Sebastian Clambake Foundation, said the 2007 event will take place on November 2, 3 and 4. She said for the last four events they have given away nearly $200,000, announced this year's beneficiaries are the Sebastian Soccer Association, and presented Pat Rivizzo and Cory Richter with a check for $30,766.94, which represents 60% of the proceeds. Ms. Grillo then announced 40% of the proceeds goes to the City of Sebastian in memory of former Public Works Director, Terry Hill for lighting in Riverview Park in the amount of $20,511.29. Mayor Coy thanked the foundation. Ms. Grillo thanked everyone involved in Clambake Festival. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes -July 11, 2007 Special Meeting B. Approval of Minutes -July 11, 2007 Regular Meeting C. Approval of Minutes -July 18, 2007 Special Meeting zs 2 Regular City Council Meeting July 25, 2007 Page Three 07.040 D. Resolution No. R-07-28 - 3~d Quarter Budget Amendment (Finance Transmittal, R-07-28, Memo, Reports, Statement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Mr. Paternoster, and SECOND by Mr. Wolff, to approve the consent agenda. Roll call vote result was as follows: Ayes: Paternoster, Simchick, Wolff, Coy Nays: None Passed 9. COMMITTEE REPORTS/RECOMMENDATIONS 07.004 A. Natural Resources Board (City Clerk Transmittal, Application, List) i. Interview, Unless Waived and Nominate and Appoint Regular Member with Term to Expire 7/2010 MOTION by Mr. Paternoster, and SECOND by Mr. Wolff to move James Slattery from alternate to regular member on a voice vote of 5-0. 07.149 B. Construction Board Issues -City Attorney (No Backup The City Attorney said it would be a good time to get out of contractor licensing, citing that most municipalities do not do this but have it done through the County, and noted licensing is about 95% of what the Construction Board does. He said enforcement actions can go to the Special Magistrate; technical appeals, which do not happen very often, relating to the Building Code can be heard at the County; and that the State has started a new system of registering contractors. He asked if Council would like staff to investigate farming out some of the Board's function. The City Manager said with reduction of staff, licensing will be more difficult to administer and he sought Council's direction regarding the licensing renewal which is around the corner. Ms. Simchick agreed with the recommendation, however the other members of Council requested backup to review before deliberating on this issue. The City Attorney said staff will prepare financial information and bring it back to Council. ~~ 3 Regular City Council Meeting July 25, 2007 Page Four The City Manager acknowledged the City generates about $17,000 from licensing. 10. PUBLIC HEARING 07.019 A. Ordinance No. 0-07-10 -Senior Homestead Exemption to Replace Emergency Ordinance No. 0-07-09 (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. Mayor Coy opened the public hearing at 7:37 p.m., and the City Attorney read Ordinance No. 0-07-10 by title. Todd Klitenic, 1274 Barber Street, Sebastian, urged approval. Mayor Coy closed the public hearing at 7:38 p.m. MOTION by Ms. Simchick and SECOND Mr. Paternoster to adopt Ordinance No. 0-07-10. Roll call vote result was as follows: Ayes: Paternoster, Simchick, Wolff, Coy Nays: None Passed 07.115 B. Ordinance No. 0-07-12 -Cemetery -Definition of Proof of Residency (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. Mayor Coy opened the public hearing at 7:39 p.m., and the City Attorney read Ordinance No. 0-07-12 by title. 0 Being no input, Mayor Coy closed the public hearing. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to adopt Ordinance No. 0-07-12. 4 Regular City Council Meeting July 25, 2007 Page Five Roll call vote result was as follows: Ayes: Simchick, Wolff, Coy, Paternoster Nays: None Passed 07.150 C. Quasi-Judicial -Resolution No. R-07-29 -Gables Preliminary Plat Extension (GMD Transmittal, R-07-29, Application, Letter, Plat A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN EXTENSION OF THE PRELIMINARY PLAT FOR A TOWNHOUSE DEVELOPMENT SUBDIVISION KNOWN AS GABLES AT SEBASTIAN; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor Coy opened the public hearing at 7:41 p.m. There was no ex-pane communication to disclose. Attorney Bruce Barkett, representing the applicant, addressed City Council on the request for extension. Mr. Wolff said this should not be considered workforce housing as was stated by Attorney Barkett during his presentation, with a cost of $300,000 per unit. Mr. Paternoster requested clarification that this is an 18-month extension, and Mr. Barkett said it was, and Mr. Paternoster agreed that this price range is not workforce housing. The Growth Management Manager said the project continues to meet City code, the only difference is they have agreed to change the gopher tortoise take permits to relocation permits in keeping with the new City policy. Mayor Coy asked if this is not approved, what would the alternative be. The Growth Management Manager said the applicant could reapply again tomorrow, pay for the full fee and staff would start the process over. Mayor Coy also added they could begin clearing tomorrow and leave the property as-is until the market picked up. The City Manager and City Attorney further explained the recommendation to extend. Mr. Wolff asked why preliminary plats have expirations and the Growth Management Manager said if there was no expiration, someone could come in twenty years later for final plat approval and the codes could change in that period of time. 31 Regular City Council Meeting July 25, 2007 Page Six The City Manager said the code allows 12 month extensions by staff, and that he reviewed the application to see if the City would lose anything if this additional 18 month extension was granted. He explained that if the applicant has to re-apply codes could get stricter, amenities might be added such as a turn lane onto Main Street, but in exchange this project will be completed and not a dirt field. Mr. Wolff asked the application cost for preliminary plat and the Growth Management Manager responded $1,500 for preliminary plat, and noted they paid $750 for the half fee. Mr. Wolff noted that to clear the property, the applicant would have to bond the project. The Growth Management Manager responded the applicant did make application for final plat which was signed off by the City engineer, noting the uncompleted project would have to be bonded at 110% of cost. Mr. Wolff stated that would be a lot of money if the applicant did clear and not develop. He said if the hands of time could turn back, it would be nice to have a turning lane by Sebastian River Landings' Publix. In response to Mr. Paternoster, the Growth Management Manager stated the first extension was granted for the site plan and noted this is complicated because this is a townhouse development and a subdivision. She said a site plan can be administratively extended for 12 months and the applicant has requested the site plan to be extended again (for the same amount of time Council will approve) by Planning and Zoning. Mr. Paternoster asked if the market does not pick up, could the applicant apply for another extension. The City Attorney said there doesn't seem to be any provision for an additional 18 month extension, and they would have to start the process over after the end of an 18 month extension. Ms. Simchick said she bets the builder is not going to bond out and said she was in favor of extending at half the application price. Damien Gilliams, 1623 US 1, said he was neither in favor or against, but said it was interesting to see Mr. Wolff pry the information out of staff, stating the information should have been in the packet. He said the citizens are going to pick up the tab for the turning lane, that the turning lane needs to be a contingency and bets it needs to be required by the Land Development Code. Mr. Barkett said he would respond to questions. The Growth Management Manager recommended approval. Being no further input, Mayor Coy closed the public hearing at 8:06 p.m. 6 Regular City Council Meeting July 25, 2007 Page Seven Mr. Paternoster said the real estate market is hurting everyone but Council is talking about an additional $750, and Council is looking at giving $750 away for what reason. He said this is not affordable workforce housing in his opinion, and would not approve an extension. Ms. Simchick said if they reapplied rather than extended, staff man-hours would be increased and agreed with staff recommendation due to the extra burden it will create for City staff. Mr. Wolff said he does not like the way the application was brought to Council, read from a letter from the applicant's attorney regarding bonding out and clearing which seemed like a threat. He pointed out that Mr. Barkett's presentation was clouded with talk about workforce housing, and he did not know of any teacher who could afford a $300,000 home, was concerned about the first extension and said this request is not being straightforward. Mayor Coy asked Mr. Schulke to approach the podium. Mr. Schulke said they met with staff about what the process was, were not aware of the fee and would be happy to pay the entire $1,500 for the extension if the issue was money, that there was no threat intended and as far as bonding and platting, noted that the City will be bonding the value of the improvements not the property at 110%. Mr. Wolff thanked him for his input, and said the fault lies with the way the material was presented to Council and not the material itself. Mayor Coy said there are projects around the County that are adead-stop, and does not want them to go in and do that; and that she would accept the full amount of $1,500. MOTION by Ms. Simchick, and SECOND by Mayor Coy to adopt Resolution No. R-07- 29 with the full $1500 application fee. Roll call vote result was as follows: Ayes: Wolff, Coy, Simchick Nays: Paternoster Passed Mayor Coy called recess at 8:20 p.m. and reconvened the meeting at 8:35 p.m. All members except Mr. Neglia were present. 33 Regular City Council Meeting July 25, 2007 Page Eight 11. UNFINISHED BUSINESS Resolution No. R-07-30 - (added to aaenda -see attached The City Attorney read the resolution title and explained its intent to initiate conflict resolution procedures of F.S.164 as to issues set forth in pending litigation with the City of Fellsmere before prosecuting legal action. The following members of the public addressed Council: John Oakes, Birch Court, Sebastian, urged Council to withdraw its litigation against Fellsmere. Joe Scozzari, Sebastian, said what this Council is doing to Fellsmere is immoral. Neil Lagin, 838 Wentworth Street, Sebastian, commended Council for what they are doing. Trish Adams, 47 River Oak Drive, Sebastian, appreciated Councils efforts, expressed concerns for environmental issues. Damien Gilliams, 1623, Sebastian, said there are many ways out of Fellsmere, and disagreed with the action of the Council. Chuck Lever, Sebastian, commended Council for the action they took. Todd Klitenic, Barber Street, Sebastian, said City of Fellsmere has right to grow. Ms. Simchick said three county commissioners said the City was aggrieved and good planning will come out of this. Each member of City Council expressed his and her reasons why Council unanimously approved entering into litigation, not with an intent to keep Fellsmere from growing, but to protect the citizens of Sebastian from unplanned growth which may result if providing for services and infrastructure is not addressed at this time, and because Fellsmere refused to include the 18,000 acres currently going through the annexation process in the 171 Part II negotiations as requested by Sebastian. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to adopt Resolution No. R-07-30. Roll call vote result was as follows: Ayes: Simchick, Wolff, Coy, Paternoster Nays: None Passed 3y Regular City Council Meeting July 25, 2007 Page Nine 12. NEW BUSINESS 07.151 A. Certification to Set Maximum Fiscal Year Millage Rate (Finance Director Transmittal, Alternative Forms DR-420 (4)) The City Manager reiterated his recommendation as set out in the agenda packet to set 3.1157 mills as the maximum rate, which is the state mandated millage and 3% lower than the rolled back rate. He said Council can reduce this amount but not increase during budget adoption. Damien Gilliams, 1623 US 1, Sebastian, said last year's rate was 3.059, and that Council would be raising the millage rate, and recommended the max should be 3.059. Mr. Gilliams said he came here to discuss the budget since the 2"d Citizens' Budget Advisory Review meeting was cancelled. Mayor Coy asked Mr. Gilliams to sit down when he continued to speak about the budget rather than the millage. John Oakes said he serves as the Chairman of the Budget Advisory Review Committee and urged Council to give the City Manager flexibility with the budget. Joe Scozzari, Sebastian, told Mayor Coy to stop interrupting people and let them speak. Todd Klitenic discussed the Budget Advisory Meetings. Mr. Wolff said he agreed with the 3.0519 and challenged the City Manager to cut to the chase and do the right thing for the taxpayers. He said he wants to see hard decisions made and the City does not need flexibility and staff will deliver the goods. Following input from each member of Council and explanation of the rolled back rate and a new recommendation from the City Manager for 3.0519, motion was made. MOTION by Mr. Paternoster and SECOND by Mr. Wolff to set the maximum millage rate at 3.0519. Roll call vote result was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Nays: None Passed 07.152 B. Airport Aviation Fuel Contract (Airport Transmittal, Agreement, RFP Responses The Airport Director stated his transmittal outlined what has been going on at the Airport leading to the need for a fuel supplier and recommended East Aviation Fuels to be the supplier. 0 35 Regular City Council Meeting July 25, 2007 Page Ten George Skelzy, local pilot, Brushwood Drive urged approval of the contract. Damien Gilliams asked if the fuel would be leased from a potential tenant. Mr. Paternoster answered not at this time. Mr. Paternoster asked if there is a set amount per year, and if the fee per gallon remains to be established. In response to Mr. Paternoster and City Council, the Airport Director said there is a delivery fee of $800.00. The Airport Director said the tank will hold 9,000 gallons, Eastern has 24 hour delivery service and the delivery fee is the same no matter how much is delivered and this contract is for avgas not jet A fuel. He explained the reasons for negotiating a one year contract; the tank will be certified free of charge by Eastern Fuel; fuel charges will run for a week and change on Tuesday and the City would change prices accordingly; recommended not having the lighted sign, and the credit card reader is not yet there but will come together at site. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to approve the contract with Eastern Aviation Fuels, Inc. Roll call vote result was as follows: Ayes: Simchick, Wolff, Coy, Paternoster Nays: None Passed Mayor Coy called recess from 9:57 p.m. to 10:10 p.m. All members except Mr. Neglia were present. 07.153 C. General Fund Early Retirement Incentive (CMS The City Manager recommended an early retirement program for qualifying employees as an option to reduce the millage rate. He said he is not going to twist arms but it is a program the City should put on the table, then departments can restaff and rebudget accordingly. He requested ability to spend up to $225,000 out of reserve fund for employees within 37 months of age 65, who will receive $1,000 per year of service, continuing health care, dental and eye benefits up to age 65, and if approved he will talk to the individuals. Damien Gilliams, 1623 US 1, asked if it was standard for a municipality to start this type of policy but stated it will, in the long run, benefit the taxpayers. Regular City Council Meeting 3G to July 25, 2007 Page Eleven The City Manager said the positions are scattered throughout but are mostly in administration and the departments will be asked to do more with less. He said if they don't take the early retirement he will be back to Council to find other ways to reduce the budget. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to extend the meeting until 11 p.m. passed on a voice vote of 4-0. MOTION by Mr. Paternoster and SECOND by Mayor Coy to approve the general fund early retirement incentive. Roll call vote result was as follows: Ayes: Wolff, Coy, Paternoster, Simchick Nays: None Passed 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda Bruce Elly, Biscayne Lane, asked Council to adopt an ordinance to have owners of unimproved properties to take care of their properties. The City Manager said the City is mowing the front swales of undeveloped properties. The City Attorney said as to the side swales, if the City made it difficult to maintain, it is the City's responsibility. Mayor Coy invited him to speak to the City Manager. Chuck Lever, asked what law dictates that the public cannot participate in the retreat. The City Attorney said our procedures resolution says that public input is not allowed at workshops or special meetings except by vote of Council and as long as there is meaningful input in the process it meets muster with the first amendment. He further explained that since there is no action at a workshop and any approved action would have to be approved at a public meeting where there is public input. Mr. Lever said the Sunshine Law requires public participation and cited AGO 04-51. The City Attorney said he would double check on this and get back to Council. Damien Gilliams agreed with Chuck Lever, and said holding the retreat at the Yacht Club only accommodates twenty people and hopes Council will change the location. He asked what the City's expenditures were on the Clambake last year, and hoped the Clambake covers City expenses first before they start divvying it up to others; asked about the citizens academy getting started; said the City should consider a lobbyist to get extra money for the City; said there is money for grant writers out there; said he has a right to speak about the Attorney's evaluation; and then pulled out a gavel from his pocket. 3? Regular City Council Meeting July 25, 2007 Page Twelve Ms. Simchick called for a point of order and said Mr. Gillliams' action is a mockery. Mr. Gilliams took his seat. Bob Kirby, 502 Biscayne Lane, said his stepson met with the City Manager about an idea to save $30,000 in electricity costs for the City and it was suggested he speak with the Finance Director, and after meeting with them no one called him back. The City Manager said he talked to him, intends to return his phone call, but has to prioritize his time. He noted the offer was to do an energy audit and to save $30,000 it would cost the City over $100,000 in improvements and fees and he made a judgment that it wasn't as big a priority as originally thought. Neil Lagin, 838 Wentworth Street, said if Conlon doesn't paint the stumps of pepper trees within five minutes they will grow back. He also said lot owners of unimproved property should be billed to save the City mowing expenses. Joe Scozzari, asked about the status of the $400,000 grant the Environmental Specialist put in for. He then asked if the Chair is uncivil can the public have the Chief escort her out the door. Todd Klitenic, Barber Street, suggested giving free land or a lease to the YMCA rather than build a community center. Ms. Simchick told him it would not be appropriate to give a recommendation on the budget outside of the recommendation of the full Budget Committee. Mr. Klitenic talked about the liaisons to committees and asked that if a Council member liaison is needed, that the member have background related to the committee or perhaps the members rotate. Mayor Coy cautioned that the Environmental Committee was an exception and it could be a conflict to attend the meeting and then make a ruling on the Committee's recommendation. Mayor Coy asked Council if they had any input with the retreat's agenda or location and there was none. Ms. Simchick said the mile markers are in along the Riverfront and invited the public to enjoy them. Mayor Coy Adjourned the Regular Meeting at 11:00 pm. The remaining items will be carried forward to the next Regular Meeting agenda. 38 12 Regular City Council Meeting July 25, 2007 Page Thirteen 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 07.154 A. Update on Additional Stormwater Assessment Process (No Backup) 16. CITY CLERK MATTERS 17. COUNCIL MATTERS 18. ADJOURN Approved at the August 8~h, 2007 Regular City Council meeting. Andrea Coy, Mayor ATTEST.• Sally A. Maio, MMC -City Clerk 13 ~ ` 4~ SEBASTIAN CITY COUNCIL RETREAT/ WORKSHOP MINUTES SATURDAY, JULY 28, 2007 - 9:00 A.M. SEBASTIAN YACHT CLUB INDIAN RIVER DRIVE SEBASTIAN, FLORIDA 1. Mayor Coy called the retreat workshop to order at 9:05 am, followed by the Pledge of Allegiance. 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 Mayor Coy said for the record we are audio taping the workshop,. read an excerpt from and distributed to each member an Attorney General Opinion relative to participation in meetings and allowing the Mayor to set reasonable rules for orderly conduct of meetings without violating someone's First Amendment rights (see attached). She also distributed to each member a Notice of Claim filed the previous day in City Hall by Damian Gilliams, Joe Scozzari and Julie Scozzari alleging violation of their First Amendment rights (see attached). Mayor Coy said public comment will be allowed at the end of the workshop and Vice Mayor Neglia recommended each speaker be allowed three minutes. Mayor Coy said she would rather address during the Public Comment period. yl Retreat Workshop July 28, 2007 Page Two 2. CHARTER OFFICERS (Charter Language Designation, Appointment and Removal Procedures) a. City Clerk i. Council Direction for Role/Function of City Clerk ii. Evaluation Process 3-26 (Contract, Charter/Code Provisions, Duties List, Evaluation Criteria) b. City Attorney i. Council Direction for Role/Function of City Attorney ii. Evaluation Process 27-44 (Contract, Charter Provision, Evaluation Criteria) c. City Manager i. Council Direction for Role/Function of City Manager ii. Evaluation Process 45-62 (Contract, Charter Provision, Evaluation Criteria) City Council discussed the Charter Officer evaluation process in general. In response to Mr. Paternoster, the City Manager explained the evaluation process in place whereby one month before the date of employment for each officer, an evaluation form is sent out by HR, they come back to HR and the Officer reviews them, it is encouraged that Council members. sit down with Charter Officers, and as long as they are satisfactory there is the automatic merit increase, but if a member wants to give more or less they would place the issue on a Council agenda. The City Attomey said the COLA is in the contract as is provided to CWA employees. He said the merit is voted on by the Council if they want to give more than or less than 3%. Mr. Paternoster read from the Attorney's contract regarding evaluation and asked if this required a public Council meeting. The City Clerk said Charter evaluations were done publicly until about three years ago, when Council made a motion to change the process to the process just explained by the City Manager. Mr. Paternoster read from Attorney General Opinion 89-37 and 93-90 (see attached) relative to the evaluation process being subject to the Sunshine Law. He asked the City Attorney, if he is interpreting it properly, this process has to be done at a public meeting. The City Attorney stated this is saying you can't skirt the Sunshine Law by saying "everybody send in your number and we'll average them" or some other type of thing where you come up with a number outside of the Sunshine. He said a couple of years ago Council voted, and it is subject to change at any time upon three votes, that in the absence of unsatisfactory evaluations there would be an automatic three percent after the evaluation date, which is the CWA standard merit increase, unless there was an ~FZ 2 Retreat Workshop July 28, 2007 Page Three indication from Council that there was dissatisfaction or that some Council member specifically brought it forward. He said this was done by a motion and vote of Council. Ms. Simchick said she was concerned about newly elected officials having to evaluate a Charter Officer right after election to office and that Council should be goal setting for each Officer. It was noted the Charter Officers' evaluation periods are -City Attorney, April -City Manager, June -City Clerk, October based on their employment anniversary in accordance with employment contracts. Discussion took place on evaluating all atone time and moving the time away from the election which is now in November. Mr. Wolff said clear direction is missing and agreed with the need for goal setting. The City Clerk said. the majority of Council members have not come to her during the evaluation to speak about her performance and she felt that this is a very important part of the process and is supposed to be done. She added that sometimes evaluations are simply not done. She said she believed the reason that the existing process was put in place was because for many years, Council was typically giving each Officer the same 5% or 5 % % merit increases each year on top of COLA every year at a public meeting and it seemed they did this so as to provide the same to each and not hurt anyone's feelings. The City Attorney added that sometimes a majority of evaluations didn't come in until four months after the evaluation time. He said currently there is a presumption that you are ok unless there is a negative. Mr. Paternoster said on the form there is a space for an increase percentage, and asked if this recommendation is not a vote and how can it be an official recommendation if there is no vote on it which takes place in the public. The City Attorney said the form predates the current policy and unless there is unsatisfactory or someone brings it forward there is an automatic 3% the same as CWA Discussion followed on establishing a public meeting to establish Charter Officer goals. Mayor Coy asked if this would be an executive decision of Council and if it would be subject to public input. The City Attorney said it would be executive and would not have to be subject to public input. Ms. Simchick said that Council could possibly allow public comment, not debate, at the end of its business, and noted we are getting into too much debate with the public. Mr. Wolff recommended that Council could allow the public to speak on this issue at the beginning of the meeting because Council might hear something it hadn't thought of. Mr. Paternoster agreed with this. ~{3 Retreat Workshop July 28, 2007 Page Four Mr. Paternoster said each new Council member should have at least six months before they have to prepare an evaluation. Mr. Neglia suggested doing all three evaluations at once and recommended October. It was the consensus of Council to evaluation all three at one time, that it would take at least sixty days to become familiar with the Council role, and discussion took place on establishing a schedule for the goal setting and evaluation process. Mayor Coy suggested goals in January and evaluation in July. Ms. Simchick said she will not turn her written evaluation in until she has an oral conversation with the Officer, because of her concern for people reviewing the evaluations that are handed in to HR and then coming to another Council. member to tell him or her what the others wrote in their evaluations. She felt that these people were breaking the sunshine law by doing this. Mr. Wolff asked if he has a beef with a Charter Officer, when does he get the opportunity to talk to other Council members. Mayor Coy recommended private issues be discussed with the Officer and then Council can make policies at its meetings. Mr. Wolff asked for example, what if he found out an Officer was not returning calls, how would he convey that to other members. The City Attorney said a member of Council can send an a-mail to the Officer and copy it to other members of Council. Mayor Coy said it can also be addressed under his or her matters. Mr. Paternoster said, though you are trying to get away from tearing each part of the evaluation apart, it is going to have to be that way in an open meeting. Mayor Coy said the evaluation is not as important as the goal setting meeting and then we as Council members use that in our evaluations. Ms. Simchick asked then how do you get your average, describing the system she used. Mr. Paternoster said the evaluation process has to be done in public, and Ms. Simchick agreed. She suggested the evaluations should be done one month after the goal review meeting. The City Manager said he really thinks the Sunshine Law hurts this process and there is no good way, there needs to be some private discussion, in other states the process has been done at an executive session. He said the form has its place, each member of Council should do some type of communication, and then there needs to be a culmination collectively of what you all think and Florida does that in the Sunshine. The City Clerk said she greatly appreciates aone-on-one discussion, is not fond of being publicly evaluated though she knows it comes with the job and agrees with them as long as members of Council can be very honest in their evaluations. ~~ 4 Retreat Workshop July 28, 2007 Page Five It was the consensus of Council to publicly set goals in January for each Charter Officer and then publicly review the goals in July and reset them as necessary. Mayor Coy called recess at 10:07 am. Mayor Coy reconvened the workshop at 10:15 am and the City Clerk started SIDE II at this time. All members were present. Mayor Coy recapped that Council has agreed that in January and July Council will, at public meetings, set and review Charter Officer goals. Discussion took place on the evaluation process. Mr. Paternoster asked the City Attomey to check out the AGO he had read earlier, which states the review and appraisal process needs to be done in an open forum according to 286.014. It was the consensus of Council to evaluate all three officers at one time. The City Attorney advised that this will take an amendment of each Officer's employment contract. It was the consensus of Council to recommend the following schedule: January -set goals June -submit evaluations at a special meeting in June July -review goals and reset them if necessary Mr. Paternoster clarified that this process does not circumvent that each Council member can sit down individually with a Charter Officer, and asked how this process would be adopted, and the City Attorney said it could be done by resolution or ordinance amending Chapter 2. It was the consensus of Council that Human Resources should submit the forms to Council six weeks before the Special Meeting in June. It was also the consensus of Council that they can use the forms provided, write their own narrative, or whatever each member deems most appropriate. Mr. Paternoster suggested writing a narrative under each of the goals. The City Manager asked if there is an assumption that the COLA stays the same for the Officers and are we are talking just about the merit. Following some discussion about the fact that Charter Officers receive the same COLA as other employees, and the fact that some taxpayers do not receive COLA, it was decided that the Human Resources Department should provide the COLA percentage for a particular year when providing the evaluation forms to Council. 5 y5 Retreat Workshop July 28, 2007 Page Six 3. COUNCIL MEETING OPERATIONS a. Agenda Preparation/Prioritization i. Examination/Definition of Headings (Coy) 63-78 (Currently Utilized Agenda Headings, R-07-18, Procedures Since 82) City Council reviewed the agenda headings and explanations therefor as provided in the packet. Agenda Modifications, Additions or Deletions It was the consensus of Council that the current procedures resolution (R-07-18) should read "Modifications and additions need unanimous vote. Deletions do not apply." (This will require an amending resolution) Proclamations. Announcements, and Presentations Mayor Coy noted we have been allowing a dialogue, action under presentations and public input and this should not be allowed unless a member of Council brings it back as an action item or unless an issue is time sensitive. The City Attomey said that typically an item is first listed under Presentations when someone has information to provide to Council and then if action is needed it is listed on the agenda as a follow up item or a Council member can make a motion to take action on it. The City Manager said he was concerned Council is limiting itself from being reactive if it needed to take action. The City Clerk advised that the heading Presentations originally was created for someone to make a presentation to the City or for the City to make presentations such as certificates and were not related to City "issues". The City Manager said maybe these issue matters should be under New Business or Introduction of New Business from the Public. The City Attorney advised that Council can currently pass a motion to suspend rules with four affirmative votes and then could take action on an item under Presentations. It was the consensus of Council that Presentation is defined as someone giving an award to the City or the City giving something. The City Manager discussed the possibility of changing the title of Introduction of New Business from the Public to Public Input. Ms. Simchick said maybe Public Input/Information. ~m 6 Retreat Workshop July 28, 2007 Page Seven Mr. Paternoster asked if members of Council could make brief and timely announcements at this time rather than waiting for Council Matters. Mr. Wolff suggested important date sensitive announcements can be provided ahead of time and posted during Council meeting breaks orr Channel 25. Ms. Simchick said these notices can be placed on Channel 25 at any time. The City Clerk noted that MIS would need these at least the day before the meeting. Ms. Simchick said maybe the announcements could be written and handed to the Mayor for her to read. It was the consensus of Council that Council could make brief general announcements during that time. Council agreed with changing the heading to "Proclamations, Presentations and Announcements". Consent Agenda Discussion but no changes. Committee Reports/Recommendations Mayor Coy requested clarification as to whether actionable items should be listed here. The City Clerk noted that Committee appointments are listed here. The City Attorney said it would be better to put the item on an agenda before action is taken because it gives the public time to see what the report is and staff time to review the report. It was the consensus of Council that this be changed to "Committee Reports and Appointments" and that it would be for City Committee reports to Council, Council member reports on their County and Regional meetings, and City Committee appointments. It was also the consensus of Council that there would be no public input on Committee Reports. Unfinished Business Discussion but no changes. Mayor Coy called recess at 11:15 am. Mayor Coy reconvened the workshop at 11:28 pm and the City Clerk started SIDE III at this time. All members were present. N~ Retreat Workshop July 28, 2007 Page Eight Introduction of New Business from the Public Ms. Simchick read from public input forms and procedures from Indian River County, Fellsmere and Vero Beach. She recommended adopting some of these procedures, and said no props such as hats, etc. should not be allowed. She said we want respect. A lengthy discussion took place on input procedures, signup sheets and whether time limits should be imposed. Ms. Simchick noting Indian River County and Vero impose three minutes, and Fellsmere and Indian River Shores impose five minutes. Mr. Paternoster said he had championed elimination of time limits and it would not sit right with him or people he represented to put it back into effect. He said the average person speaks about four minutes. Ms. Simchick said the grandstanding that has been going on has to stop and the props have to end, and if you want respect you. have to give it. She discussed interrupters and people who want to put fifteen items on the agenda. Mr. Wolff said Council should still welcome someone saying things that we don't like to hear because it is so important to hear that other side. Mayor Coy said a lot of times people are not discussing issues but are discussing personal vendettas against people. Ms. Simchick again read from Fellsmere procedures regarding not allowing personal and slanderous remarks (see attached). Mayor Coy recommended a three minute time limit with three votes to extend Mr. Neglia agreed that grandstanding has to stop, and cited the positive input received during the Fleming Street issue, that people should be allowed to raise their hand to be recognized but have a three minute limit. Mr. Wolff said we need to allow responses to questions and a member of the public should be allowed to request information. Ms. Simchick said the public should be addressing Council and then Council can ask the City Manager to look into an issue. Ms. Simchick Council should be protecting the Charter Officers from badgering and answers from the City Manager can be obtained by phone calls. Mr. Wolff said he recognizes we are not getting through meetings, but we don't want to be too authoritarian, though we need to try to stop the circus atmosphere. ~f8 e Retreat Workshop July 28, 2007 Page Nine Council debated whether three or five minutes was more appropriate and decided that they will decide the time at the next regular meeting. Ms. Simchick wanted assurance we will still adopt some language tracking Fellsmere's procedures for public participation (see attached). She also suggested prohibiting props or items to be carried to the podium without approval. Mayor Coy added political campaigning and shirts and paraphenalia. It was the consensus of Council to bring back action on limiting public input to three or five minutes for all public input. Mayor Coy said she would like flexibility to stop meetings before the end to allow Council members or Charter Officers to provide input that may be time sensitive. ii. Minimize Proclamations/Certificates (Wolff) 79 (No. for 2006) Mr. Wolff asked if we could get more creative with proclamations to shorten time spent on them at meetings. Ms. Simchick said she would still like to recognize outstanding citizens. It was the consensus of Council that perhaps long proclamations can be synopsized by the City Clerk prior to reading by the Mayor. iii. Time Sensitive Issues (Coy Mayor Coy said if something is not time sensitive she would recommend not adding it to a full agenda. The City Clerk changed to SIDE IV at 12:30 pm. Mayor Coy said it is her goal to finish meetings, so there will be no carryover items. Ms. Simchick suggested if something is really big it be placed on a Special Meeting agenda. Mayor Coy suggested that an item note specifically its time requirement. Mr. Wolff suggested organizing the agenda to put more important and time sensitive issues first. Council recessed for lunch at 12:38 p.m. The workshop reconvened at 1:50 p.m. All members were present. (Still on SIDE IV) 9 Uq Retreat Workshop July 28, 2007 Page Ten b. Public Input Issues 81-83 (Hudson Article) i. Reconsider Time Limit (Neglia) This item was considered previously. ii. Move Introduction of New Business Further Up on Agenda (Paternoster) Mr. Paternoster recommended moving IONBFP forward on the agenda, but after some Council discussion relative to meeting business, public priorities, and attendance by elderly people who have to wait, he agreed to hold his recommendation for sixty days until Council assesses how some of the other changes made as a result of today's discussion will workout It was decided to place this item on an agenda sixty days from now as recommended by Mr. Neglia (September 26, 2007). c. Public Requests i. Introduction of New Business from the Public vs. Presentations (Minner) ii. Reconsider Sign-up Sheets (Maio) 85 (Indian River County Form) This issue was considered previously. d. Councillssues i. Civility -Public and Council Expectations (Coy) ii. Council Function -Business or Politics? (Coy) Mayor Coy said although we are politicians we are not a political forum, but are conducting business meetings. She said we have stepped over the edge to making political speeches from the floor and would like to hear other Council members' feelings on the issue, stating we need to be civil to the public and they need to be civil to us. The City Attorney said Council cannot stifle things because it is a personal attack and they don't like it, but a personal attack that is not going toward the business of the City is inappropriate, citing case law relative to this issue. He also cited a case whereby Cocoa prohibited campaigning at the podium and it was upheld. Mr. Wolff said when someone comes to the podium respect has to be given, and it is up to Council to set the bar professionally, stating that Council cannot lower itself to people's values who come before us. He said when he first started coming to meetings, he felt there were two camps in Sebastian and the camp you were in determined how you were treated. He said this Council got off to a bad start, said people can disagree but can get along and it is sad to see bad relationships on Council. He urged Council to put the past behind, get a fresh start, agree to disagree and be civil. ya 10 Retreat Workshop July 28, 2007 Page Eleven Mr. Neglia said meetings have been getting better and he would like to see this continue. Mayor Coy said she needs help from Council in enforcing rules so she isn't always the bad guy and that she wants Council to be a role model. Ms. Simchick said we have been referred to as the "gladiator pit", and if everyone plays fair and if rules are being followed it will go nice. She extended an olive branch and said she would like to see an all around new tone. Mr. Paternoster said five people have different mind sets, we have to practice what we preach, it is a privilege to serve the public and not the other way around, need to be tolerant of one another, and questioned the use of point of order at meetings. He said he would like to see more civility displayed toward the public. Mayor Coy said to be fair it is only two people and not the general public we serve that we are talking about. Mr. Paternoster said every City has instigators and while everyone is saying we should play nice with each other, we should develop a thicker skin and not let emotions take over. Mr. Wolff said Mayor Coy did a wonderful job at the last meeting and did not take the bait. The City Attorney said it is stated within Roberts Rules of Order that it is truly designed for larger bodies and in application to small, collegial bodies they often times take a more relaxed approach, and if Robert Rules is impeding business, Council can feel free to suspend the rules. Mr. Wolff said interruption of speakers is not appropriate. Mr. Paternoster said our procedures states that we will follow Roberts Rules of Order as a general guideline. He said maybe the City Attorney can put something together to guide Council and the public as to the procedures we are following. The City Attorney said with a small body like this, as long as it doesn't interrupt the flow, it is probably okay to offer a point of information while someone is speaking, and said the key word in the City's procedures resolution is that Roberts Rules will be followed as a "general" guideline, and not strictly. Mr. Wolff said we can all agree to be very sensitive to the person who has the floor going forward from today and see if that works. 5~ Retreat Workshop July 28, 2007 Page Twelve Mr. Patemoster said we expect that from the public but we are not portraying it, and said he was asking for a set of guidelines and now understands the we are not going to operate by any type of guidelines unless it is convenient and now knows the game he is in. The City Attorney said it states in Roberts Rules if the meeting is flowing smoothly you don't need to stop. The City Clerk started SIDE V at 2:47 pm. The City Attomey said the only thing he had any concern about when he came to Sebastian was the Mayor making motions. In response to Mr. Paternoster, the City Attomey said the AGO's are simply opinions and do not set guidelines. Mr. Paternoster recommended that the City Manager not schedule Executive Sessions on the same day as Regular Meetings because he does not want to be rushed. Mr. Patemoster said the City Attorney is referred to by the general public as the sixth Council member and influences Council deliberations.when he provides input. The City Attomey said it is his obligation to let Council know all the alternatives available before it makes a decision and sometimes he provides historical information that may have an impact on a decision. Ms. Simchick said maybe before Council action, Council could ask if there is anything from legal, to which the City Attorney responded that it would then seem he was more acting as the sixth Council. Mayor Coy said she hoped he would jump in if they were going down an illegal path. The City Attorney said he would more likely advise each member in a recess if that was the case. Mayor Coy said if someone wants to bring Roberts Rules back for discussion they should put in on an agenda. e. Consensus vs. Voting Mayor Coy clarified that if Council wants to give some direction it is by three votes or by consensus of Council. The City Manager requested that Council give clear direction to him by consensus of Council and it is reflected in the minutes. Mr. Paternoster asked what was happening with the Charter Officer evaluations that are hanging in the balance. The City Attorney said his had already passed by 5~ 12 Retreat Workshop July 28, 2007 Page Thirteen submission of a satisfactory evaluation and he had received his 3% merit in April. The City Manager said he had received three satisfactory evaluations and also received his 3% merit. Mr. Paternoster asked the City Attomey to check Florida statutes to see if it is necessary to have a vote of City Council to approve salary increases for Charter officers or if our procedures are satisfactory. The City Attorney said he thought our procedure was good because there was already a specific number voted upon at an open meeting. Mayor Coy called recess at 3:00 pm. Mayor Coy reconvened the workshop at 3:15 pm. All members were present. The City Attorney left the workshop at recess. 4. GOALS AND OBJECTIVES Council decided to move on to Affordable Housing. a. Council Policy Directives i. Annexation ii. Affordable Housing (Simchick) Ms. Simchick said she wanted to introduce this to put it on the table. She said she asked the Ruth Meyer, Coalition of Housing, to give an overview of what they do, send a packet to Council, the City Manager and City Attorney and then we can review and she call the City Manager for a presentation. It was decided to skip to Capital Projects and then short term and long term goals. iii. Taxation iv. Overlay Districts v. General Service Expectations b. Capital Projects The City Manager said he was still waiting for CIP recommendations from Council members, and he will be bring the CIP issue back in August. c. Short Term Goals Mr. Wolff said he would like to see monthly updates from the City Manager including people he had been contacted by. He said he would like to see updates from the City Attorney relative to his contacts and litigation updates. Mr. Paternoster asked the City Attorney to provide case law and statutes when he is bringing an issue to Council rather than Council having to research. 53 13 Retreat Workshop July 28, 2007 Page Fourteen Mr. Wolff asked if the Council agenda packet can stay on the website after the meeting for a short time, and the City Clerk advised that the packets are posted to Laserfiche on the website immediately and stay there. The City Clerk said she would like to see more information on the City website,' such as agendas for all boards. Mr. Wolff said he does find some frustration when he is seeking information and will make some specific notes. The City Clerk said she understands that MIS is very busy and if departments don't give what is needed MIS is not going to beg for them. Mr. Paternoster asked the City Clerk to follow up with a .telephone message when she sends out important information by a-mail Ms. Simchick asked if a video of meetings can be played on the website, and the City Clerk said that she had looked into how the County was doing it, but found out from MIS that a T1 line is needed at a cost of $800 per month to be able to do this. She said we are doing the best we can with what we have. Ms. Simchick said maybe we can talk about this at budget time. d. Long Term Goals Ms. Simchick asked everyone to think about vision and where we want to be and asked to add an item to the next agenda entitled "Vision/Wish List" to agree on a format to follow. 5. PUBLIC COMMENT Joe Scozzari, Thornhill Lane, Sebastian, said the City Attorney is giving Council bad information;discussed automatic raises for Charter Officers; asked if Council will have a three minute time limit to speak; said one vote of Council should be enough to ask a member of the public to continue speaking; told Ms. Simchick to stop talking about Indian River County; said Council is not there to protect staff but to make sure they do their job; that it is really rough to reach Mayor Coy and that she misled him early on regarding a code; apologized for any disrespect and asked to start anew and that he will give her the same respect she gives him. Todd Klitenic said we should go to three cuts for Conlon. He was advised that issue is not on this agenda and he could .bring it up at the next regular meeting. Chuck Lever, Sebastian, said the City Manager has made several mistakes in his estimation, including the airport mobile home, always looking for direction from Council. Mayor Coy said Council has set a time frame for evaluations. Mr. Lever said when Council is in violation of the Sunshine Law they are subject to fines and penalties. 54 „ Retreat Workshop July 28, 2007 Page Fifteen Mr. Wolff thanked Mr. Lever for bringing the information about public input at workshops to Council's attention, Council asked Mr. Stringer to look into it and he did and public input was provided for. Ms. Simchick said this was an Attorney General opinion only, Council decided it was in the best interest but did not acknowledge that it was required, but thanked him for his information. Mr. Lever responded that it is also case law. Jay Dunaway, recommended development of a community enterprise objective to assist the Council in seeking information and doing legwork that they may not have time to do. Mr. Wolff agreed that it is time for a citizen volunteer group. Mr. Dunaway cited the need for a community center, and offered his assistance in fact finding. He said he would start the ball rolling to encourage City unity for our community. 6. Being no further business, Mayor Coy adjourned the Workshop at 3:58 pm. Approved at the August 8"', 2007 Regular City Council meeting. Andrea Coy,. Mayor ATTEST.• Sally A. Maio, MMC -City Clerk " 55 5~ tmtt~ `~ s ~' ~, ~ ~K. HdNSB dF ~ PELtCl4N I5tA[VU CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Contract for FY 2007/08 Agenda No. ~~ , (~ (p Property, Casualty & Liability Insurance Program Finance Director: City Attorney: App ved Submittal by: City Manager City Clerk: Date Submitted: August 1, 2007 For Agenda of: August 8, 2007 1 nne Exhibits: Exhibit "A": Property, Casualty, and Liability Insurance Proposals Tabulation EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIltED: N/A SUMMARY The City's Property, Casualty and Liability Insurance contract with Preferred Governmental Insurance Trust will expire at the end of this fiscal year. In accordance with Purchasing Procedures, a notice of invitation - Request for Proposal. (RFP) was advertised soliciting proposals from firms that specialize in providing these services. Proposals received from Florida Municipal Insurance Trust and Public Risk Insurance Agency (Agent for the current insurance company) were opened on July 27, 2007. The Finance Department has done an analysis of the proposals received, and determined that Florida Municipal Insurance Trust's proposal was the best overall. Since the premium difference between Option 1 and Option 2 is $27,038, staff recommends selecting Option 1 with a lower deductible (same coverage as current policy) to reduce the City's exposure. The Property, Casualty, and Liability Insurance Proposal Tabulation worksheet is attached to this agenda as Exhibit "A". The proposed total insurance premium for Option 1 from Florida Municipal Insurance Trust is $274,054. This amount represents a 25% decrease from the current premium of ($366,767). RECOMMENDED ACTION Move to award the Property, Casualty and Liability Insurance contract to Florida Municipal Insurance Trust in the amount of $274,054 for the FY 2007/08 Property, Casualty, and Liability Insurance Program and authorize staff to execute it. ~~ ~s d F /H w x w C7 O Cd H 0 R. O ,~ a ~ ~ ~' ~ o ~ o N ~+ ~ l~ `V ~ O ~ ;~ N oaw U ~ CQ U d a a N ~ O O O ~ N O o ~ V~ ~t cn O N b oo \O O O F.y • l~ oo O 69 ~ ~ ~N. U M N ~ .N. .~~- N ~ 69 6 9 69 ~ ~ 6 9 69 ~ z x p a F ,.., ~ o 0 0 0 0 0 0 0 V O ~ o 0 0 0 0 0 0 0 0 o000 00 0 z u vi ~n v~ o ~n vi ~ A ~ O O i h O O O r N b o o v i ^ ~ 01 ~ M O .~ Ul ~ _ N w ~ `~~~ ~ ~ . -i ~ ~ ~ ~ ~ a ~, E., ~, oooo 00 ° 00 ~ a a ° o °o o o 0 0 0 0 o o o o p ~ o ~ 69 v, N 69 C7 b ~~~ X ~ A ~ A o ~ y ~ O O /-1 ~ a ~ ~ Q b b b ~o d' N ~n ~ O "b 'b 'b O N N M • ~ N 69 H H ~ 69 ~ 69 ~ a r -~ - ~, C a a a oooo2 000 °ooz E" ' p ; 0 o l ~ ~~~ 0 vi (7y N N N b9 V1 ~ ~ v1 69 V b 6a ~ va rs3 ss ~ ~ b b b ~ N ~ N ~ ~ ~ ~~~ •~ ~ U U U Om ~ N ~ a ~ ~ ~~~~ ~ ~~ d z , a p ~ o 0 0 0~ o o z o o z p o 0 o vi o vi -~ ~ ~ 59 M 6A N 69 . . ,~ 69 b9 69 69 64 d A bs O y rn a a o ~ ~a ~ o z ~~ v ~ ~ o ~ y ~ u o ~ i, >e [wQa ~b „a ~ a o 0 ~ ~ ~ ~ c 0 c ~ ~ o ~ ~ o ~ ~ , > ~ ~ w aa' V ~ ~ ~ > •~ ~ oa ow ~ a~ V ~ O ~ ~,~~b °' ~ ~ o :' V ~ ~ v~ ~ v~ ~ cs o ~ W ,~ ~ a°qi g ~ a ,~ .~ ~ h b aO4i ~ ~ e+a cue E "" ~ ~ ~ ' e o ~C7.awUQ o 0 0 ,~ o PgaQ °' a n ~Q ~ ~ a ~ a 7 d o a d d L7 ~ ~ U U NU~. U U O ~ a ~`' ~ o ~o 'b o p ~ w ~° \° C o ~'. ~. .~ ~~ ;n cd U ~ Y b ~ p~ 0 a~ H o U ~ ~ a ~ U N p" U U p ~ a ~_ ~~ w h E, o ~ b ~ a ~ '~ ~ b ~ ~ o c ~ C7 ~ ~ w ~ ~ .-~ p., 0 z 59 ~~ arc a ~~~~, i HOME OF PEL(GN ISUWP Subject: Parks & Recreation Advisory Agenda No: J7. ~~ I Committee Expired Regular Member Position Department Origin: City Clerk's Office Approved for Submittal by: City Clerk: City Attorney: Date Submitted: 8/2/07 City Manager For Agenda of: 8/8/07 Exhibits: Application, List, Ad Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT During the zone elimination process, Chairman Don Wright's position expired. Both his and an alternate member position has been advertised since June. Mr. Wright is the only applicant. RECOMMENDED ACTION Interview unless waived and nomination Mr. Wright for another term to expire May 31, 2010. C~ ~Z o:3'i~t,:F .: ... ~it3M>~ t~ PI;f~GAN ISI:Xi~#D APPLICATION TO SERVE ON CITY BOARD/COMMITTEE i:ilE?;.,f: ~SG~E4'Ci,tii;i(.~i.• ..~r:r.:::.F;i; "::t>.: '+ s• i•t`u,' r`': {~ `i ~1' '~::a :. .. ....... ...... ..................:.......:.:...........:~:::....er'f''yt;s~:.:...~:.::~...i.?i: E?E lE,tc;i~~..~~.::••:I?::~~4`» NAME: p~u~/J ~ ,GU,~~~T HOME ADDRESS: ~:7~ /'(/, jlSc'%~~/2 G~I.Z~c•,~" S1z ~~5 Ti~~J i`~~ ~ ~ F~~ HOME PHONE:77~ -S3'/ ^ 2d'7~' HOME FAX:772 _S ~/~,~ t1Sj E-MAIL: uiQ/G~/-St3S sett X13-~~20 BUSINESS: p lG~sre~~~~ ./P~~, ~/~/~' ~ o ~5~~ Za` BUSINESS ADDRESS: U l ~~5 ~~~ ~"~ 3~ SS d' BUSINESS PHONE: ~/~~- ~yrz BUSINESS FAX~s'3'9`~ss9 E-MAIL: ~~~f~,1t~~r./~w„ ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~p5 HOW LONG? ~'~~,,,~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? ,W~iH/ICH BOARDS/COMMITTEES? ~S' M~~ ~e G'//~ /~.~e~~~ u,~ ~f w,~'~ / /~P ~ c9 .g-C fz rG~ .~i i/~GC PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years -meets next in 2006) CIT-ZENS BUDGET REVIEW ADVISORY BOARD (temporary- meets during summer) CODE ENFORCEMENT BOARD (permanent board -meets once a month)* CONSTRUCTION BOARD (permanent board-meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board-meets quarterly) PLANNING AND ZONING COMMISSION (permanent board -meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutoryboard-meetsquarterly)* ~~PARKS & RECREATION ADVISORY COMMITTEE (permanent board- meets once a month) Zjj~ TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE / TREE & LANDSCAPE ADVISORY BOARD (permanent board- meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointment I v 1 1. ~7 e,` rN~~ 4~ l~ c,~ ~s KJ (03 /1As/J~l,~.,.r v Ai/O/At//_n /~-C'~ ,d/~~1~ Tied' APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) ~~ r ~i9 -~.¢sAN~FarN t/~`ia/l/ys~.y~/t ~C~~r ~~~~r~~ ~°~ ~liSi.-P.~ ~u+r~. - ~sr~~7'r S~O ~'`ar7~rS ~ /99'~i2°QO ,Qi'o+zc~o ~ t ~,+'~ahr-c tOi`c~ ~i~s.~~f - /~J /~ .a.~v/F~ l:, .Zs~S u.~j ~'r.,. f ~j/t /G..T HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? jv,J~u ~i Gui ~ ~/~~u' :/° ~J~-, f ~?o~i p~ •t ~. ~c` 5 i)-•~o`~ -2k QGa~ '!~/7`Q LI/SJT ANY ADDITIONCAL QUALIFI/C~ATIONS TO SERVE ON BOARD OR COM/MITTE/E~: ~/L(jl~,L' ~,T ~D/sr/ i;.~n i rv !rte" ° ~ ,~5 Jls ~i ~.pQ`a pup ~h. ~ ~~cN ~c/i Tti /li'e M S/~T"s C~m"~ /Y¢"~ oos~^ei^S. ~~G~~/'~cso~ . n ~u»ri~rs~i~y SG / v/~r~ HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE?~v HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE?~v WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? `/ J e5 I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a speafic board or committee is available if requested. ,~ _ ~ ~ ~,~ ~~1~/ ~~~ pR pTi"cant Signature - S:u~bscribed n and sworn to before me this ~~day of ~Q ~S by T /9//'~~ ~r~ ~0~ who is personally known to me, or has ~- ,(?7 Lr' ~-, as identifiq~~,p~ l v `i` ~ C~f?~ilE B. r~ik'3EI~SO~d G/~1~ ~~=~~ ,.- ~~ NiY COMiM15SI0N ~ D~ 12652 Notary Public, State of Florida ~~°:;Y.~:~~~ EXPIRES: Ociob2r i4, 2U05 '~fi;o~f~~.•` BondadThruNoiarypublicUnderwraers Please return to Office ofthe City Clerk, 1225 Main Street, a as'an, 5~"-'x(772) 589-5330 twp-f o rm~a p p l i cat. wp d rev. 102005 ~v i~ ~~~ ;, I_ ~ . ~ _ ..._. -;,~_ ,`: produced 99Z -~~Py ~v~J °~ ~ ~~ ~~~ ~~ ~ g ~ ~ ` ~~ ~. ~~`^® Q ~~ ~$~~ ~' ~ ~ ~. C~ ~~~~ '®y 0 ~ ~ ~r h ~ ~ 1 C ~ ~ 0 ~ 1 ?, e PARKS &.RECREATION ADVISORY COMMITTEE Ordinance No. 0-07-07 3-YEAR TERMS MEMBER NAME AND ADDRESS Kelly Palfi 872 Jordan Avenue Sebastian, FL 32958 539-7113 Cindy Falco 1309 Louisiana Avenue Sebastian, FL 32958 581-9291 Jeff Kagan 430 Easy Street Sebastian, FL 32958 539-9674 JoAnn White 449 Easy Street Sebastian, FL 32958 589-9300 TERMS Term to expire 5/31/2008 Appointed 4/11/07 Term to expire 5/31/2009 Replaced Merlin 6/14/06 Term #o expire 5/31/2008 Appointed 10!12/05 Term to expire 5/31/2009 Appointed 6/27/07 Dpn Wright Term to expire 5/31/2007 720 N. Fischer Circle Appoin e Sebastian, FL 32958 581-2978 Gary Barth - Altemate Member Term to expire 5/31/2008 1751 Mainsail Street Appointed 7/13/05 Sebastian, FL 32958 589-8079 vacant -Alternate Member -Term to expire 5/31/2009 BOARD SECRETARY, LINDA KINCHEN 76 (~5 CITY OF SE~AST ~,. ROME OF PELICAN ISLAND July 16, 2007 PRESS RELEASE PARKS 8~ RECREATION ADVISORY COMMITTEE THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL A POSITION ON THE PARKS AND RECREATION ADVISORY BOARD: REGULAR MEMBER -expiring 5-31-2010 THIS COMMITTEE MEETS ON THE LAST MONDAY OF EACH MONTH AT 5:30 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM AND WILL BE ACCEPTED UNTIL JULY 31, 2007. #~# ~~ alr of S~B~r h'r.`v __ HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: ~ ~ • U5 7 Art and Music Festival Agreement Department Origin: ''' City Manager City Attorney: Date Submitted: 8/2/07 For Agenda of: 8/8/07 Exhibits: 2002-2006 Agreement, 3/22/06 Minutes Excerpt, Transmittal and Draft Agreement, 4!12/06 Minutes Excerpt, 9/20/06 CRA Minutes Excerpt SUMMARY STATEMENT Background: City Council entered into a five year Joint Project Agreement with the Sebastian River Area Chamber of Commerce for the City to host and the Chamber to organize and sponsor a two day Art and Music Festival in 2002. The `first" festival was actually the City's 75~' Anniversary Celebration in 2000. In March 2Q06, an item was brought before Council to approve a new five year Joint Project Agreement from 2006 through 2011. The agreement was approved with three amendments and one correction (see 3/22/06 minutes). The agreement was never signed by the Chamber of Commerce. In April 2006 Mr. Paternoster brought the item back for reconsideration after receiving phone calls, had some questions, however no further action was taken. ~~ ~8 JOINT PROJECT AGREEMENT This agreement entered into this ~ day of ~, between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY") and the SEBASTIAN RIVER AREA CHAMBER OF COMMERCE (hereinafter called the "CHAMBER") provides that WHEREAS, the City has hosted a two day Arts and Music Festival for the last two years, with a juried Art Show and Music Entertainment along the City's Riverfront in December each year, and WHEREAS, the Chamber agrees to organize and sponsor the event, and WHEREAS, the City and the Chamber desire that the CHAMBER be designated the status of sponsor and organizer of the Art and Music Festival, and the parties hereby set forth the obligations and privileges of continuing the Festival; THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises provided herein, the sufficiency of which is hereby acknowledged by the parties, it is agreed: 1. The parties shall cooperate in organizing and conducting the Fine Arts and Music Festival for the years 2002 through 2006 as set forth herein. 2. The Chamber, with the aid and assistance of necessary City personnel, shall organize and administrate all activities and events for said Arts Festival in compliance with all applicable ordinances, statutes, health codes and other goverrunental regulations and subject to the safety controls of the Sebastian Police Department, Fire Marshall and Health Department. 1 G9 3. Said Festival shall entail, at a minimum, a juried art show, a food and drink court and musical entertainment over atwo -day period, with such additional events to be determined by the CHAMBER to be feasible. 4. The City shall provide public works personnel to supervise and help in maintaining the park and grounds, including trash removal and insect control, beginning on Friday evening set-up through Sunday evening breakdown. Additionally, the City shall provide all electric power as needed by the Festival. 5. The City shall provide law enforcement personnel, as deemed necessary by the Chief of Police, throughout the event, including an officer who shall be specifically assigned to duty at Riverview Park for security overnight on the Saturday evening of the event. 6. 'The City shall provide three (3) half page ads in the Press Journal and advertising in the TGIF of the Florida Today. 7. The Chamber shall have the right to rent concession booths in Riverview Park and if needed, close a portion of the Indian River Drive right-of--way as part of the Festival, and shall be entitled to all proceeds from said concession activities. 8. The Chamber shall organize fundraising and otherwise have full financial responsibility for funding the Festival event. 9. The Chamber agrees to indemnify, defend and hold City harmless from any and all claims of any nature brought by the Chamber members, or '~D z agents in the course of performing Chamber's obligations under this Agreement, or from any claims by any persons arising from or damages incurred by the City from the actions of Chamber members or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder. 10. The City agrees to indemnify, defend and hold the Chamber harmless from any and all claims of any nature brought by City's employees or agents in the course of performing City's obligations under this Agreement, or from any claims by any person arising from the wrongful acts of City's employees or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder. Nothing herein shall be deemed a waiver of sovereign immunity. AGREED to on the date first set forth above. C OF SEBASTIAN B ____. _ rrence .Moore City Manager SEBASTIAN RIVER AREA CHAMBER OF COMMERCE By: ~.ob~r~' A. ~~,bt~kow (Seal) Attest: / ' J l~J . ~~~.~` C~' 7 C(erk {vr Sally A. Maio, CMC City Clerk Approved as to Form and Content For Reliance by the City of Sebastian O Rich Stringer, Ci ttorney (Seal) 3 ~~ /L' ~kf,N(,'~, 7z Regular City Council Meeting March 22, 2006 Page Five 11. OLD BUSINESS 06.041 A. .Fine Art and Music Festival Agreement (City Attorney Transmittal. Proposed 55-58 Agreement) The City Attomey reviewed the amendments for Council, noting he did not write the original agreement. Mr. Paternoster said he would like to see businesses within 500 feet be notified. Mr. Neglia agreed with 500 feet, and said he was concerned about money spent during this festival for overtime by Ciry staff and Press Journal advertisements. He said the City should be reimbursed for these services. Discussion took place on definitions of charitable organizations and Beth Mitchell noted that the Chamber is a 501C 6 organization. Mr. Neglia said the Ciry should keep track of what it is spending for the festival, and maybe there should be an audit for this festival at the end of the year.. Ms. Mitchell said the City expenses are budgeted through the CRA, and said she would be happy to provide the Ciry with a financial statement. Damien Gilliams, Sebastian, said he had a big problem with this agreement, said the City needs to be frugal with money for storm water and roads; and asked why it is a seven year agreement. Side 11, Tape 1, 8:02 pm The City Attomey noted an error and said it should be a five-year agreement. Mr. Gilliams said he gathered business cards from vendors and most were from out of town, that money is leaving the community, and questioned serving alcohol at City sponsored events. He said individuals should be allowed rebuttal during public discussions. Russ Owen said it is called `free enterprise', and the vendors spend money in the City. He pointed out that Mr. Gilliams serves alcohol at his two bars in the CRA district during these events. Trish Adams, 47 River Oak Drive, said she supports the Fine Art and Music Festival and she is glad they bring in vendors from outside because they have quality work. She said she had an issue of singling out one event, and thanked Ms. Monier for the event. She said it is a great asset to the City and if Council is going to audit festivals they should audit all of them. She took exception to someone who owns a bar making these comments. Mr. Neglia asked if the word "Council" could be added to paragraph 11 of the contract. 5 73 Regular City Council Meeting March 22, 2006 Page Six Mr. Neglia said the agreement states the Chamber shall have full financial responsibility, and asked whether the City gets anything out of it. The City Manager said part of a City's benefit is recreation, leisure services, and promotion of the community which are not tangible and do not have the expectation of financial gain.. Mr. Neglia said the City's cost and benefit should still be tracked. The City Manager explained the costs come from the CRA district and any savings or reimbursement would go to the general revenue fund to pay for staff overtime or other park activities. The City Attomey pointed out this event was done without a sponsor the first two years and an event organizer would definitely cost the City money. Mayor McCollum suggested changing the dates, notifying property owners within 500 feet, the elimination of City funded newspaper advertising and add the word °council" in provision 11. Mr. Burkeen asked why the wording states the Chamber is funding the event but they are not doing so. The City Attorney said the key word is `otherwise' and what is stated in the agreement the City is responsible for, other than that, the Chamber would pay for the rest. Mr. Burkeen pointed out the Chamber just received a beautiful lease from the City on prime real estate and perhaps the Chamber could reimburse the City from the proceeds of the event. He asked if there is a benefit for asix-year lease versus aone-year lease. The City Attomey said there was not. Mr. Burkeen agreed we should not single out this event, and if we are going to audit we need to audit all. He said he had issues with providing alcohol in public parks and letting people drive away. Ms. Coy said this Council has given people unlimited time to publicly speak, and would not debate or rebut tonight because she and Mr. Gilliams had done so twice today already. The. City Manager said the CRA budgets approximately $25,000 per year for the four events and $10,000 goes to clambake. Ms. Coy said she has never heard from anyone that the four events should be canceled, nor has she heard about prohibiting alcohol at the events, nor has she heard of any problem with alcohol at the events. She said you have to ask is it worth spending $25,000 to sponsor these events, and her answer to this is yes it is worth it because it provides quality functions for citizens. She responded to the outside vendors, stating it would be hard to have a juried art show if you only allowed local people. She said she would concede to change number six if the rest of council had a problem with that. Mr. Paternoster asked if there would be stability with athree-year contract or renewable year-to-year contract. He pointed out services will increase each year and options to renew should be available. He concurred with the other changes recommended. 6 7~ Regular City Council Meeting March 22, 2006 Page Seven Beth Mitchell said an issue important to her is that the Chamber is anot-for-profit agency and they are not making money on this festival; and said she had written a letter with financial statements to Council in October 2005 about the event and she did not want there to be an impression that they are making a lot of money on the event She stated the end goal is for the event to stand on it's own. On MOTION by Mr. Neglia and SECOND by Mr. Patemoster, the Fine Art and Music Festival was approved with the following amendments -add "Council" in provision 11, change "300" to "500" feet in provision 3; eliminate provision 6; and correct the date to 2010 in provision 1 on a roll call vote of 41. (Burkeen -nay) Mayor McCollum called recess at 8:45 p.m. and reconvened the meeting at 8:52 p.m. All members were present. 12. NEW BUSINESS 06.065 A. Boys and Girls Club Request for Tennis Court Discount (No Back) The City Manager reiterated the request from the Boys and Girls Club for a discount for use of the tennis courts. (see transmittal attached) Ally Wolff, said families only need to pay $35 a month to belong to the Boys and Girls Club and if the City wants to give a discount to the Boys and Girls Club members, then all children of Sebastian should be given a discount. Ms. Coy said tennis court revenues are still down, and this is an excellent opportunity for the City. Mr. Hewitt said the cost for membership to the Boys and Girls Club is actually $35 per year. Mr. Patemoster said he thought this was a good opportunity. Mr. Neglia said perhaps the courts could be opened up to other children at the same cost when the courts are not in use. Mayor McCollum asked if staff is still looking into bringing in a tennis pro and the City Manager said he would be bringing recommendations during the budget process. The City Manager explained the formulas he used to determine the cost. Mr. Burkeen agreed with making an offer for other children. On MOTION by Mr. Neglia and SECOND by Ms. Coy the discount for the Boys and Girls Club as recommended by the City Manager was approved on a roll call vote of 5-0. ' ~5 7~ City of Sebastian, Florida ~~~ C~ T~i~ ~~ ~TT'Ci~i~~' AGENDA TRANSMITTAL Agenda No. n~ • 04 ~ Subject: Fine Art 1~'1J agreement Date Submitted: 3/16/06 For Agenda of 3/22/06 SUMMARY: This agreement is based upon the one in effect the previous five years with the following significant exceptions: 1. Provides that the specific dates shall be coordinated with the City Manager (paragraph 1). 2. Clarifies that "drinks" includes beer and wine (paragraph 3). 3. Specifies that Indian River Drive closing shall be determined by City Manager after notification to businesses (paragraph 3). 4. Allows Chamber to turn event management over to another nonprofit with City Council approval (paragraph 11). The agreement runs for five years. RECOMMENDED ACTION: At Council's discretion - Move to authorize execution of JOINT PROJECT AGREEMENT FOR FINE ART AND MUSIC 1~`~'I between City and Chamber of Commerce. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER• ~~ 1~ JOINT PROJECT AGREEMENT FOR FINE ART AND MUSIC FESTIVAL TffiS AGREEMENT entered into this day of March, 2006 between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY"), and the SEBASTIAN RIVER AREA CHAMBER OF COMMERCE (hereinafter called "CHAMBER"), provides that: WHEREAS, CITY founded and has hosted a Fine Art and Music Festival featuring a juried art show and musical entertainment along the Riverfront during winter for the last six years; and WHEREAS, the CHAMBER agrees to sponsor and organize the Event; and WHEREAS, CHAMBER and CITY desire that CHAMBER maintain the status of sponsor and organizer of the Celebration, and the parties hereby set forth the obligations and privileges of continuing this valued relationship; THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises provided herein, the sufficiency of which is hereby acknowledged by the parties, it is agreed: 1. The parties shall cooperate in organizing and conducting the-Fine Art and Music Festival during the winter season for the next five years beginning with the winter of 2006/2007 and continuing through winter 2011/2012. The specific dates of the festival shall be coordinated between CHAMBER and the City Manager 2. CHAMBER, with the aid and assistance of necessary City personnel, shall organize and administrate all activities and events for said Festival in compliance with all applicable ordinances, statutes, health codes and other governmental regulations and subject to the safety controls of the Sebastian Police Department, Fire Marshall and Health Department. 3. Said Event shall entail, at a minimum, a juried art show, a food and drink court that can include beer and/or wine service, and live musical entertainment over a two day period in Riverview Park, with such additional events as is detenmined by the CHAMBER in consultation with CITY to be feasible. Indian River Drive shall be closed in the vicinity of the Park at such times and locations as determined at the reasonable discretion of the City Manager, following notification to businesses within 300 feet of a closed segment. 4. CITY shall provide law enforcement personnel as deemed advisable by the Chief of Police throughout the Event including, at a minimum, an officer to be specifically assigned to duty at Riverview Park for overnight security on the Saturday evening of the Event. 5. CITY shall provide personnel to supervise grounds, including trash removal and insect through post-event breakdown. Additionally, required for the Event. and assist in maintaining the Park and control, beginning with pre-event set-up CITY shall provide all electric power 79 6. CITY shall provide three half page ads in newspaper(s) published in Indian River County as designated by CHAMBER, and advertising in the TGIF section of Florida Today. 7. CHAMBER shall have the right to rent concession booths in Riverview Park and the closed portion of the Indian River Drive right-of--way as part of the Festival, and shall be entitled to all proceeds from said concession activities. 8. CHAMBER shall organize fund-raising and otherwise have full financial responsibility for funding the Event. 9. CHAMBER agrees to indemnify, defend and hold CITY harmless from any and all claims of any nature brought by CHAMBER's members or agents in the course of performing CHANlBER's obligations under this Agreement, or from any claims by any persons arising from or damages incurred by the CITY from the actions of CHAMBER's members or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder: 10. CITY agrees to indemnify, defend and hold CHAMBER harmless from any and all claims of any nature brought by CTTY's employees or agents in the course of performing CTTY's obligations under this Agreement, or from any claims by any persons arising from the wrongful acts of CITY's employees or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder. Nothing herein shall be deemed a waiver of sovereign immunity. 11. The sponsorship and organizational duties under this agreement may be assigned to another city-based nonprofit organization with the formal consent of the City. AGREED to on the date first set forth above. CITY OF SEBASTIAN SEBASTIAN RIVER AREA CHAMBER OF COMMERCE Al Minner, City Manager ATTEST: Sally A Maio, MMC City Clerk (Seal} ~~ By: Its: Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Regular City Council Meeting April 12, 2006 Page Nine 14. CITY MANAGER MATTERS -none. 15. CITY CLERK MATTERS -none. 16. CITY COUNCIL MATTERS A. Ms~Coy Ms. Coy stated comments made earlier during the meeting were inappropriate, and stands behind the City Manager on his personnel decisions; and asked the City Manager to look into our becoming a Tree City again. The City Manager suggested it might be included in the next budget cycle. Ms. Coy reported on the Land Acquisition Committee's favorable decision for recommendation to the County Commission on the Capt'n Butcher purchase. The City Attorney pointed out that Sebastian's citizens provided four million dollars towards that purchase through their property taxes, which can be found on their TRIM notices. Ms. Coy said her heroes were the citizens who came out and participated in the meetings related to the Capt'n Butcher purchase; and her dodos were the ---~----~~ appraisal companies who could not justify their reports on Capt'n Butcher or ''y attend our meeting. B. Mr. Paternoster 06.041 i. Reconsider Fine Art and Music Festival Agreement as Modified at 3/22/06 151-152 Meeting_(Modified Agreement) Mr. Paternoster said he received many phone calls and brought this back to better understand the amount the City spends on the four festivals. He requested a line item cost breakdown for each festival in the budget. The City Manager explained that the cash outlay could be easily seen from a display ad (which has been taken out by Council) but labor and vehicle use is based on FEMA reimbursement figures, which might be difficult to formulate into line items. Mr. Paternoster thanked staff for the timely installation of cleats and lighting at the Yacht Club boat ramps; asked if government acronyms could be spelled and discussed in full out for the public; and stated some code enforcement matters would be coming to Council in the future. C. Mr. Neglia Mr. Neglia invited the public to participate on the City's committees and boards; and wished everyone a Happy Easter and Passover Seder. " ~p\ ~z CRA Meeting Minutes September 20, 2006 Page Five Damien Gilliams said the motion should have said certified MAI, residential appraisal. Ms. Coy said she will let her motion stand and will trust the City Attorney's judgment as to type of appraisal. The City Attorney said it would be appraised at highest and best use. B. Provisional FY 2007 Community Redevelopment Budget -Set Final Adoption for September 27.2006 Ms. Coy asked on the Riverfrortt Redevelopment what is unobligated. The City Manager stated 5821,242. He went on to recap the numbers and said he would try to get more info on gateway project before the 27ri meeting. Ms. Coy asked ff we need to make the Main Street/Indian River Drive a line item. The City Manager explained that ff the Agency liked the numbers, it would came bads for fom~tal adoption on the 27~'. Mr. Paternoster asked where the lighting in the park was and the City Manager said it is caged corridor street landscaping. Mr. Neglia asked about the fagade improvement program was for just one applicant winner and the City Manager said it would be broken up as it was this year. He also asked about the Billero project and the City Manager stated there is potential for those monies to be transferred to another project. Mr. McCollum had no questions. The Mayor had no questions either. l Lisanne Monier. pointed out that the Billero project is in limbo, the CRA could put in ~ $90,000 worth of palm trees up and down the Riverfront District which would make a dramatic difference. She said last year the budget inducted art show funds, and she wanted Coundl to know she will work on the art show again if they would reoortsider an advertising budget fora 2008 show. She said she believes it is a wonderful event for the City because it brings people in who spend money. She said she loses about 66,000 of her own profd to work on the art show. In response to Mr. Neglia, she saki about 53600 was alkx~ted for advertising in the past. Mr. Neglia asked ff this would have been in special events expense. Donna Keyes, said before beautifying the district, codes must be enforced and she had provided photos to Coundl of properties in disrepair and sample properties well-cared for. Damien Gilliams said Council wanted a market value. as-is appraisal done. g3 ~~ as a HQME OF PE1dC8N tSt11ND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: ~7. ©~j ~' Council Action on Items Discussed at July 28, 2007 Retreat Workshop Relative to Charter Evaluations, Public Input and Department Origin: Ci Clerk Other Meeting Procedures City Attorney: Date Submitted: 8/2/07 City Manager For Agenda of: 8/8/07 Exhibits: SUMMARY STATEMENT City Council met in a retreat workshop on Saturday, July 28, 2007 to discuss various issues such as Charter Officer evaluations, and meeting procedures issues such as agenda prioritization, public input, and civility. They also briefly addressed expectations of Charter Officers such as monthly updates and communication. Because City Council cannot take action at workshops, it was decided to bring the issues they discussed forward for formal action at the August 8~' regular meeting. Some of the issues discussed can be handled administratively such as renaming of agenda titles which are not specifically set out in Council's procedures Resolution unless Council wants to formalize them. Some of the issues will require further discussion prior to approval such as determination of the appropriate time limit for public input -three or five minutes. Some of the issues will require adoption by other methods such as Charter officer contract amendments to change evaluation dates, and procedural amendments that are currently set out in Resolution No. R-07-18. _. I g5 have listed each issue individually and Council should take action accordingly. A. Charter Officers 1. Consensus to establish procedure to evaluate City Manager, City Attorney and City Clerk in June of each year at a Special Meeting of the City Council, and decide upon appropriate, if any, merit increase. 2. Consensus to establish policy to set goals for the City Manager, City Attomey and City Clerk at a public meeting in January of each year, to re-evaluate goals at a public meeting in July and reset as deemed- necessary. 3. Consensus for Council to prepare a written evaluation in whatever form they deem appropriate, can hold until the June meeting, but should take opportunity to sit down with Charter officer to conduct oral evaluation. 4. Consensus for Human Resources to provide evaluation forms and current Cost of Living percentage to City Council at least six weeks prior to June.Special Meeting to conduct evaluations. 5. Consensus (3) to allow public comment at these meetings, where on agenda needs to be decided. Council Action Needed: Direct City Attorney to come back with Charter Officer confract amendments for Council approval at a regular meeting. Decide whether to establish this procedure by resolution or ordinance and direct the City Attorney to bring back the appropriate language accordingly for approval at a regular meeting. 8L 2 B. Agenda Preparation/Prioritization Agenda Modification, Additions or Deletions 1. Consensus to change language in R-07-18 to "Agenda modifications and additions require unanimous vote. Deletions do not apply." Council Action Needed: Direct Cify Attorney to amend R-07-18 and bring back for Council approval at regular meeting. Proclamations, Announcements and Presentations 1. Consensus that Presentations mean the giving of something such as certificate or plaque to someone by the City or to the City by someone from the public. Presentations of issue related business will be placed on the agenda under New Business or *Introduction of New Business from Public by City Manager at his discretion and not under this title. No action items under this title and no public input. 2. City Manager suggested changing the title of "Introduction of New Business from Public° to "Public Input". Ms. Simchick recommended "Public Input/Information". 3. Council will be able to make brief timely announcements under this item in case they are unable to get to Council Matters. 3. Consensus to change this title to Proclamations, Presentations and Announcements. 4. Consensus to get more creative with proclamations and those which are lengthy can be synopsized for the Mayor by the City Clerk whenever possible to save time. Council Action Needed: If Council should concur with changing the title of "Introduction of New Business from Public" to "Public Input" or "Public Inpubinformation'; Council should direct the City Attorney to come back with an amendment to R-07-18. Council could amend R-07-18 to add other directives for this agenda heading if they feel it appropriate. Committee Reports/Recommendations 1. Consensus to change title to Committee Reports and Appointments and only City committee reports, Council member reports on County and regional meetings, and City committee appointments to be listed here. No action on reports. 2. Consensus no public input on reports. Council Action Needed: Council could amend R-07-18 to add directives for this agenda heading if they feel it appropriate. 3 ~~ Introduction of New Business from the Public 1. Consensus to consider three or five minute time limit for IONBFP and all other public input at the August 8~' meeting. Ms. Simchick recommended adopting some of Fellsmere's public input policies, to not allow personal and slanderous remarks or props, but no consensus. Mr. Paternoster requested moving Introduction of New Business from Public up on agenda but said he would wait 60 days to see how public input time goes and then place on agenda (September 26). City Manager suggested changing the title of "Introduction of New Business from Public" to "Public Input". Ms. Simchick recommended "Public Input/Information". Council Action Needed: Direct City Attorney to amend R-07-18 to include time limif and any other recommendations stated above if Council deems appropriate. C. Other Issues: Time Sensitive Issues -perhaps keep time sensitive issues off of full agendas (Coy), place on special meeting agendas if something really big (Simchick), note the time requirement right on agenda (Coy), organize agenda to put time sensitive issues first (Wolff). D. Other Requests by Council/Staff - no consensus: • City Manager and City Attorney to provide monthly updates (Wolff) • City Attorney to review AG and Statutes relative to current evaluation process (Paternoster) • City Attorney to provide case law and statutes when issues brought to Council (Paternoster) • City Manager asked Council to give clear directive to him by Council consensus or vote • City Manager not schedule Executive Sessions same day as Regular Meetings (Paternoster) • City Attorney to hold back from offering information during Council deliberation (Paternoster) • City Clerk to leave follow up phone messages for important a-mails (Paternoster) • City Attorney provide guidelines for use of Roberts Rules of Order (Paternoster) • Coalition on Housing to provide information to Council, Manager, Attorney for review -then call Manager for presentation (Simchick) • Look at T1 line during budget for replay of meetings on website (Simchick) • Add item to next agenda "VisioniVl/ish List" to decide on format to follow (Simchick) 4 88