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HomeMy WebLinkAbout07252007cm~~ 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. 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 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. 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-parte 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. 5 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. 7 Regular City Council Meeting July 25, 2007 Page Eight 11. UNFINISHED BUSINESS Resolution No. R-07-30 - (added to agenda -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 8 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. 9 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. 10 Regular City Council Meeting 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. 11 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 Rivertront 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. 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 ATTESL A. Maio, ~IIMC -City 13 RESOLUTION R-07-30 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PURSUANT TO FLORIDA STATUTES CHAPTER 164 INITIATING CONFLICT RESOLUTION PROCEDURES WITH THE CITY OF FELLSMERE AS TO ANNEXATION-RELATED ACTIVITIES WHEREAS, the City of Fellsmere adopted an initiating resolution pursuant to the Interlocal Service Boundary Agreement Act and invited the City of Sebastian, along with the other local government jurisdictions within Indian River County, to negotiate an agreement concerning annexation, land use, density and height of certain lands that could potentially request annexation into that City in the future; and WHEREAS, the City of Sebastian adopted a responding resolution indicating its willingness to negotiate these issues, as well as indicating other issues which it desired to negotiate concerning lands that had already applied to the City of Fellsmere for annexation; and WHEREAS, the City of Fellsmere has continued to proceed with the annexation process for those additional lands designated in the City of Sebastian responding resolution, and will not negotiate any issues related to these lands; and WHEREAS, the City of Sebastian has concerns that the impacts of those annexations upon the interests of Sebastian, especially in light of the provisions of the annexation agreements related thereto and the provisions of the adopted City of Fellsmere Comprehensive Growth Management Plan, have not been adequately addressed; and WHEREAS, on July 18, 2007, the City Council for the City of Sebastian, Florida held a special meeting and, finding that significant legal rights of the City will be compromised if the Court does not enjoin further action on these annexations pending dispute resolution, by unanimous vote authorized initiating litigation against the City of Fellsmere over these disputed issues; and WHEREAS, the City of Sebastian is mindful of its obligation under Florida Statutes Chapter 164 to otherwise attempt in good faith to resolve disputed issues with a neighboring city outside the litigation arena, and finds that such negotiations are in the best interests of its citizens so long as the status quo is maintained; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: 1. It is the intention of the City of Sebastian to initiate the conflict resolution procedures of Florida Statutes Chapter 164 as to issues set forth in pending litigation with the City of Fellsmere before prosecuting said legal action beyond the Court's initial consideration of an injunction to maintain the status quo on the disputed issues during such negotiations. 2. The issues the City of Sebastian desires to resolve through Chapter 164 conflict resolution with the City of Fellsmere are: a. The legal obligation of the City of Fellsmere to negotiate issues set forth in the Florida Statutes Chapter 171, Part II, responding resolutions of its fellow local governments, and the validity of any annexations processed during the course of such negotiations; b. The consistency of the annexation-related activities of the City of Fellsmere with its adopted Comprehensive Plan, and curative measures that can be taken to legitimize these annexation-related activities. c. Actions the City of Fellsmere can undertake to off-set impacts to the City of Sebastian from these annexation-related activities. SO RESOLVED this 25~' day of July, 2007. The fore oin Resolution was mov for ado tion b Councilmember ~~~-- . The g g r Y motion was seconded by Councilmember ~c. and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this ~5~ day of July, 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: `~.'` f Sally A. io, MMC City Clerk By: Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, Cit ttorney