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HomeMy WebLinkAbout08082007CITY OF ~~ ~+&e° HOME OF PEUGAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 8, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. 5. Mayor Coy called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Council Member Wolff. There was a moment of silence. Council Member Wolff read the Civility Pledge. We will be respectful of one anofher even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. ROLL CALL City Council Present: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present in Chambers: Airport Director, Joe Griffin Finance Director, Shai Francis Police Chief, Jim Davis MIS Systems Analyst, Barbara Brooke-Reese City Council Absent: Staff Present at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Regular City Council Meeting August 8, 2007 Page Two 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members This item was not addressed. 7. ITEMS CARRIED FORWARD FROM JULY 25 2007 REGULAR MEETING 07.154 1. Update on Additional StormwaterAssessment Process (Code 102-121-, FS 1-25 197.3632, FS 403.0893, R-01-10, R-01-56, R-02-40) The City Manager had provided a memo just prior to the meeting and explained procedures to follow if Council wishes to increase the existing assessment (see memo with full explanation of the process attached). Damian Gilliams, 1623 US 1, Sebastian, urged Council not to increase the assessment. Todd Klitenic, 1274 Barber Street, Sebastian, recommended three cuts by Conlon per year, from April through November, rather than in January and March. Joe Scozzari, 1401 Thornhill Lane, Sebastian, urged Council not to increase the assessment suggesting other ways to bring in revenues through special events. Mr. Neglia described his reasons for bringing this item before Council due to funding shortfalls, suggested increasing it to $72 per year, and perhaps look to next year. In response to him, the City Manager said regardless of the amount of the increase, bulk mailing is required. Mr. Paternoster agreed to wait on this decision until next year's TRIM. In response to Ms. Simchick, the City Manager said the $10,000 expenditure for the special notice mailing would come from storm water funds, discussed the four year Conlon mowing contract term and possible negotiation for a fourth cut, and explained the costs and time frame of special notice process versus the TRIM notice process. Ms. Simchick said anything over $ .50 would not be necessary since the City Manager stated that would cover a fourth cut. Mr. Wolff said the management of the cuts should be investigated before we decide that a fourth cut is needed, and perhaps we can get away with three cuts if it was correlated to the proper time. He also recommended looking into whether the swales in front of vacant lots is needed when some people are already cutting them. In response to his question the City Manager said with the 3.0519 millage, a homeowner would save approximately $11 on their ad-valorem taxes. 2 Regular City Council Meeting August 8, 2007 Page Three Mr.Wolff said if the City Manager would come back with specific projects he would be willing to consider an increase. Mayor Coy said she is not in favor of doing this now but perhaps would do so for the next budget year. She said it would be hypocritical of us to increase after we have said we will reduce taxes. Mr. Neglia said he was just trying to save some jobs or add money to the City's general fund. He asked the City Manager to provide Council a list of specific projects that this tax assessment would help out. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to deny any tax increase or assessment on the storm water fees at this time, however we will put it off until our next budget cycle. Roll call vote result was as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Passed 8. PROCLAMATIONS, PRESENTATIONS, BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff Mayor Coy offered opportunity for brief announcements. No member of Council had any announcements. Mayor Coy announced 1) the Council will hear a presentation by the Veterans Council for an Interfaith in Action event at the Vets Memorial in the near future; 2) the Budget Workshop August 15, 2007 at 6 pm; and, 3) a Sebastian Kayak Cleanup on Saturday, August 18th and said they are seeking people, bags and gloves, call 794-9900. 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) Regular City Council Meeting August 8, 2007 Page Four MOTION by Mr. Neglia and SECOND by Mr. Paternoster to approve items A, B and C of the consent agenda. Roll call vote result was as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Passed 10. COMMITTEE REPORTS & APPOINTMENTS 07.001 A. Parks & Recreation Advisory Committee s~-66 (Clerk Transmittal, Application, List, Ad) i. Interview, Unless Waived, and Appoint Regular Member Position to Expire May 31, 2010 Don Wright, 720 North Fischer Circle, Sebastian, current Chairman briefly addressed Council. Mr. Paternoster asked why it took so long to reappoint to this position since the term expired in May. The City Clerk explained that when the Council was asked at a previous meeting to move all Parks and Recreation positions from zones to at-large the date for his term was missed. She said the position was advertised and he was the only applicant. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to reappoint Mr. Wright to the regular member position to 5/31/2010 was approved on a voice vote of 5-0. 11. PUBLIC HEARINGS -None 12. UNFINISHED BUSINESS 07.157 A. Art and Music Festival -Lisanne Monier (Transmittal, 2002-2006 Contract, 67-83 Contract Proposed in 2006, 3/22/06 Minutes Excerpt, 4/12/06 Minutes Excerpt) Lisanne Monier, gave a brief history of her involvement with the Art and Music Festival since its inception; said the Chamber is really not in the business of running an event such as this and after the end of the first five year contract she came before Council to say that she would be willing to continue to run the Art Show. She said she has formed a not-for-profit organization which is the Sebastian Riverfront Fine Art and Music Festival Inc. (see attached); and asked for Council's blessing since time is running out to begin the process of getting contracts out to vendors. Mr. Paternoster called a point of order, and asked the City Attorney if he is to understand that Ms. Monier is coming before Council as a representative of this group that she has formed, requesting Council consideration with regard to sponsoring this Art festival. The City Attorney responded "so it seems." 4 Regular City Council Meeting August 8, 2007 Page Five Mr. Paternoster then asked the City Attorney if he would be correct in stating that according to the State Ethics Committee: "a person elected to County, Municipal, School District, Special District offices, are prohibited from representing another person or entity for compensation before the government body or agency of which he or she was an officer for two years after leaving office. Appointed officers of County, Municipal, School District, and Special District may be subject to similar restriction by local ordinance or resolution."; and asked if this sounded familiar to the City Attorney. Mr. Paternoster then cited FS 112, sections 13 and 14, (see attached), and read from the sections. He then asked the City Attorney for a legal conclusion. The City Attorney asked Ms. Monier if she was being compensated by the non-profit organization and she said "no". He said the key element is compensation and you cannot be a paid lobbyist. Mr. Paternoster said he has a problem with this because there are other issues involved and also he has a State Attorney opinion, and asked if it would not be advisable at this time to table the matter until such time as the City Attorney can bring Council a legal conclusion. The City Attorney said he has not heard anything yet that says you can't do it for a non- profit but if Council wishes to hold off on it they can. Mr. Paternoster read from the AGO, "The government in the sunshine law is applicable to meetings of public boards or commissions such as the board of county commission in carrying out the affairs and duties of the board. Accordingly to the extent that the Board of County Commissioners is responsible for the process...." and then he said they are basically backing up what he is saying here, however, what he is going to do, because we may have a problem with Florida Statutes, is he is going ask that we table the issue until the City Attorney can research this matter and bring it back to us. The City Attorney said based on his knowledge of the statutes the person at risk is Ms. Monier and it is not that Council would be illegal in voting on something, it is whether or not she is doing something illegal by being a lobbyist in violation of the "revolving door" statute. He said if it is Council's pleasure he is more than happy to look into it. He said the basis of the revolving door law is that you not be in office, then leave office and then become a lobbyist with the people you've been working with. Mr. Paternoster asked if Ms. Monier will have a booth at the festival and Ms. Monier said she loses money on this event, and has from the beginning, she said she thinks this event is good for the City and that is why she is here tonight. Mr. Paternoster said she did not answer his question. Mayor Coy said we are on a point of order and did not think it was proper to be questioning Ms. Monier before she finishes her presentation. She reminded him his point of order was to ask the City Attorney a question. Mr. Paternoster said he asked his 5 Regular City Council Meeting August 8, 2007 Page Six question and would expect an answer and not the rest of her presentation if she could just say yes or no. Mayor Coy again asked him to continue his questioning of the City Attorney and that it is inappropriate for him to interrupt the presentation. Mr. Patemoster said the basis for wanting to table is whether Ms. Monier is going to receive any type of compensation and he asked her again if she will have a booth. Ms. Monier said she may have a booth but that has nothing to do with the organization, that she is volunteering hundreds of hours to this City to put on a good event. Mr. Paternoster asked the City Attorney by her having a booth, would that not enrich her. The City Attorney responded it depends on if she pays what the other people pay for the booth. Mr. Paternoster asked what if she makes a profit from the booth. The City Attorney responded if she doesn't get the booth comped by being the representative of the organization then he would not believe that would be compensation for appearing in front of Council. Mr. Paternoster asked the City Attorney to look into this law for Council, and the City Attorney said he can. MOTION by Mr. Paternoster and SECOND by Mr. Wolff to table this until such time as Mr. Stringer can give us a legal conclusion on this. Mr. Wolff said he did not like the way this was starting off, that it was embarrassing and he seconded the motion because it was not fair to Ms. Monier to be bringing this up in this atmosphere. He said Mr. Stringer can find out where we stand and we can get back to talking about this rationally and civilly. Mr. Neglia said he would care to table just to read the contract again because we just got it tonight. Ms. Simchick said she is embarrassed because we had someone coming before us tonight, there was no staff recommendation, it was not necessary to take action on it tonight, not directed by staff, Ms. Monier took the time to get herself on the agenda and she would like to hear her presentation. She said we have legal staff who say they see no problem, that it would be nice to hear the presentation. Mayor Coy said when someone is on our agenda to make a presentation they should be allowed to do that, and she will listen to what she has to say. Mr. Paternoster reminded her there was a motion on floor and she called for a roll call vote. Roll call vote result was as follows: Ayes: Wolff, Paternoster Nays: Simchick, Coy, Neglia Failed 6 Regular City Council Meeting August 8, 2007 Page Seven Ms. Monier continued her presentation stating this has been a City sponsored event and she wants it to be exactly the way it has been since the beginning of its inception, with no changes. She said the only area of contention was the paying of the advertising and we did not come to terms on that last year, and she then came before Council for reconsideration. She said an attorney drew up the articles of incorporation, which tracks the Clambake articles, said she is asking the City to sponsor the event. She said there is typically only one Parks employee on the weekend, the Chief has verified that there has never been an incident, and the other issue is the three ads, said it has taken six years to save $12,000 and she would like to dedicate it to art in public places, art scholarships, and eventually get it so there are reserves sufficient to cover start up costs so she doesn't have to come to the City. She asked if Council intends to deny her request could she at least have one year, she'll pay the fee for the park and have one last art show with the remaining money. She said her goal was that this was to become something bigger and better every year and wanted to bring in other businesses and have it become like the Melbourne Art Show which has a $335,000 budget. She said she doesn't make anything personally off of this, but is she going to set up a booth -yes -and if people buy something they do. She said she was doing this for the good of the City, did not intend it to be an ugly thing, that people missed it and she wanted to bring it back. Ms. Simchick said the festival is in line with our mission statement, said in the agenda the update on the storm water and this item appeared as if there was no action, and yet there are things in our packets that seem like there should be action, and then there were additional items provided tonight. She asked why Ms. Monier had chosen to move it from the Chamber to creating anon-profit. Ms. Monier said the Chamber is not in the business of promoting events but to represent the business community, and if this is to grow it should be out of the Chamber's hands. The City Manager said he was provided with the Articles of Incorporation today, we can check to see if they are registered with the State, the events we have in the City are the Fourth of July, the Clambake Festival, Pelican Island Wildlife Festival, and the fourth City event had been the Art and Music Festival. Ms. Simchick noted that the last time Council looked at this event in 2006 Council decided not to pay for advertising as we do for the Clambake Festival. She said she would like us to continue to see the four events continue, this Festival brings in revenues, but how we accomplish it she didn't know what will make her fellow Council happy. Mr. Wolff said when the Art Festival was canceled in 2006 he thought it was a political deal and not something done on logic and was payback for Ms. Monier running for office, was in favor of the Art Festival, would like to see a small budget for each of the festivals and then at the end of each he would like an audit or summary to see how we did, what it cost the City, because festivals are critical to our community, and did not like the cloud over the City with the Clambake. He said he did not have a problem with the City putting seed money into the festival, would like see something in the contract to have something to come back to he City if it grows, noted the Articles of Incorporation empowers the Board to be compensated for their services. He said we have local 7 Regular City Council Meeting August 8, 2007 Page Eight people doing this, former Council member Monier, Beth Mitchell from the Chamber of Commerce and Pam Peppe, and thought it was very small of us to take away a $3,000 advertising budget, and recommended moving forward in a transparent manner. He said the contract may need to be reworked for the new Articles of Incorporation and then said let's move forward, this is not rocket science and we have bigger fish to fry. Mayor Coy said she was sitting on this Council when this contract was last considered, there are budgets for the other festivals and wished she could go back and change her decision on this. She said she thought there was some political motivation and would like to see this back on an agenda. She asked Ms. Monier what she was asking for tonight, just the date or the terms. Ms. Monier said she knows we have to come back with a formal contract but what she was looking for was a good faith answer that we continue the process of the contract and the date and the advertising money so she can move forward with the contracts for the vendors and if it takes a month or two to finalize the paperwork she knows we have reached an understanding as to the basic terms of the proposed contract of March of 2006, which was the same contract as 2002. Mr. Neglia said last year he suggested the City keep track of what was being spent for the festival and maybe there would be an audit. He said he got a letter from the Chamber but never got any information as to what was spent, or what was made from the vendors. He said the word "festival" was crossed out. (this was only a records search highlighted area not a deletion) He asked if anyone remembered he and AI making a motion to put the advertising money back in. Mr. Paternoster said we got a total of $20,000 to remove derelict boats and $4,000 was to give to the Art Show. Ms. Monier said the ads have always been billed directly to the City and other than that it is police officers and one grounds person and that is the cost to the City. Mr. Neglia said he did not want to see a seven year contract, and would rather see renewal every two years. Ms. Monier said she can live with two years. Mr. Neglia said he wanted to see notification to people within 500 feet, wants it to move forward, but wants time to review the provisions. Mr. Paternoster cited page 81 citing that he was totally for the festival, but his concern with Ms. Monier being in front of us is that he does his homework by looking into Florida Statutes, Florida Constitution, Code of Ethics, and Attorney General opinions, and when he calls a point of order it is for a problem in the procedure, he does not need anyone to apologize for him or make a reference to feeling sorry for an individual because if he feels there is a breach in the process he has a right to say there is and the Mayor has to act upon it and make a decision. He said he would like to have time to digest the information provided tonight, said in essence what Ms. Monier is doing is asking the Council to give her an okay but we can't do that because that would actually be a vote, and perhaps the City Manager could put this on the next available agenda. 8 Regular City Council Meeting August 8, 2007 Page Nine Ms. Monier said she would be out of town but if Council would agree by consensus that the basics as far as the budget the police and the grounds crew is at least doable and it is just a matter of doing the paperwork, she had faith in Council. The City Manager agreed that we could pay for the police out of CRA funds. The City Attorney, in response to Mr. Paternoster, said in the event of sending out contracts to artists and then having things go south, they can be contacted, and to the degree to which she gets a warm, fuzzy feeling from Council is really at her discretion, and he guessed this is just something where she wants to know if you are interested. He said by no means would Council be bound. Mr. Paternoster said then we are possibly going to give her the go ahead to do this when the contract has not been worked out and we have not had an opportunity to review the information given us and you are saying that is okay? He said if it gets turned down that would not be fair to Ms. Monier. Ms. Monier said she is asking Council to direct staff to write a contract based on this discussion if we are in agreement to the basic terms. The City Attorney said she is asking staff to draft a contract along these general lines to be brought back to Council at the next meeting. Ms. Monier said she would have to ask someone to be here. Mr. Paternoster said if he understands the City Attorney correctly Council is being compelled to make a decision, to direct him to draw up a contract to bring back to Council so Council can look it over and what if we want to make some changes two weeks from now, this would put heron the spot. The City Attorney responded what he thought she was saying was that it may take two to four weeks to work out the details, but what she is trying to gauge is - is there enough interest on Council's part to do something similar to what was done before and would you direct staff to come back with a contract for Council review. Mr. Paternoster said certainly there is an interest but if a final document is placed before us and we are not satisfied, that he just doesn't understand how we can make that determination because she has to go through the effort, and based on what? The City Attorney responded "the feedback that she is getting tonight. Mr. Neglia asked the City Manager what is the CRA commitment to this. The City Manager said we had some miscellaneous revenue and had not spent that so what we would do going forward because it will be in the next fiscal year would be to budget some additional funds in the 2008 CRA budget for all events in an approximate amount 9 Regular City Council Meeting August 8, 2007 Page Ten of $20,000 to $25,000 and then we can do some extrapolation on police officer time and we have plenty of time for that. He said he thought we do some advertising for the 4th of July and Pelican Island Wildlife, and that we could reimburse back to the general fund from CRA, or you could negotiate those some of those funds coming from the festival. Mr. Neglia said if this comes next time, and we don't like it, then here we go again. The City Manager said she understands if she starts contacting artists, she does so at her own risk. Mr. Neglia said he hoped that when the City Attorney drafts the contract he does so with what we discussed here tonight so we have an edge and can go on with it. Mayor Coy recapped that Council was being asked is -yes we want an Arts Festival or no we are not interested, for the contract negotiations she is asking for no more than we approved before, noting we do not have the contract in front of us, and she proceeds at her own risk and assumes the risk. Ms. Monier said she would like to put "sponsored by the City", that this is not her event. Mr. Neglia said this was a City event atone time for the 75th Anniversary, so now they took it away from us because the Chamber wanted to run it and Ms. Monier wanted to run it and now the Chamber doesn't want anything to do with it so it is coming back as a City sponsored event. Ms. Monier said it has always been a City sponsored event. Mr. Neglia said you can see we are all in agreement with this, we would just like to see this contract written up and be able to agree on this thing. Ms. Simchick said the Clerk said it was always a City sponsored event. The City Clerk cited the 2002 contract which notes it was a City sponsored event. Ms. Simchick said we are not talking about a new event and it was a City sponsored event. She asked the City Attorney if it would be appropriate to make a motion to move ahead with the joint project for the Fine Artist Agreement and Festival subject to terms of a contract at a later date, so that there is a consensus and vote so it is easier to plan and then to cancel. Ms. Simchick said this is coming on the trail of other events, Council had a string of contracts coming in, she had a problem with interpreting the legal on page 80, and was concerned if non-members from out of state were covered. She said the event contracts have to be stream-lined, we need to require a copy of financial statements submitted prior to the next event, and would like to give it a nod subject to terms of a contract at a later date. She said it is easier to cancel, and again asked if she could make that motion. The City Attorney said she could make that a motion and clarified that this is a City event owned by the City, that the fourth of July celebration is a City event owned by the City, and the agreements the City had were agreements for those organizations to run them for the City. He said the Clambake and Pelican Island Wildlife Festival are not 10 Regular City Council Meeting August 8, 2007 Page Eleven owned by the City but are owned by other organizations and the City has agreed to host and sponsor them, and they could take those events somewhere else. He said the first year the art show was by a volunteer committee as part of the 75~' Anniversary celebration, and then it was decided to keep going, the next year Lisanne did it on her own and starting the third year the Chamber came in and said we will do what the Lions Club does for the 4~', and would organize it for you. Mr. Neglia said if this is owned by the City, then the City is responsible for all the financial statements and who is responsible and who is going to give us a statement at the end of this festival. He said he would like to see this. The City Attorney said we have had an agreement that said - in this event we will do these things and you do those things, and we have always within our confines known what we spent, and should know and as part of this in exchange for you organizing and running this thing we agree to let them do the vendors booths and the proceeds go to the non-profit. He said this is not much different than the Eagles Nest situation. Mr. Neglia said we are not getting anything from the event, for these vendors to be on our City streets, and he would like to pay someone to run this thing if we are going to be in charge of this. Mayor Coy talked about the KIRB show at which the proceeds ended up going to an events organizer, disagreed with paying someone. Ms. Monier said we are not-for-profit, would have an accountant, athree-year plan, by- laws, said she has always done this above board and always will, and all she is asking for is police and grounds crew and advertising. Mr. Paternoster asked the City Manager if he had the Articles of Incorporation and if it had a raised seal, asked Ms. Monier if she had a copy with a raised seal, and she said she hasn't gotten it back but had a transmittal from the computer to show active status. She said the Articles were done by an attorney, and Mr. Paternoster said he did not see the attorney's name. Ms. Monier said they were done by John Evans in Sebastian. Mr. Paternoster asked the City Attorney with no raised seal, no attorney signature, how can we be sure that she is a registered 501 C3 before we get into giving her our blessing to go forward with something that might not be anything at all. Ms. Monier said she had papers from the Division of Corporations from Tallahassee and would be happy to put it into the public record (see attached). Mr. Paternoster told Ms. Monier he was asking the City Attorney a question. The City Attorney said there is a distinction between non-profit corporations and 501C3s. He said anon-profit corporation is what the state regulates, and that means that you are a corporation that will not make money and that is typically who you get involved with. He said there is a plethora of different tax statuses for non-profit corporations, 501 Cis, 501 C6s, tons of different kinds and that would not have an effect on whether we're getting involved with one, tax status only comes down to whether or not someone giving money to them can, write if off on taxes and that is not what is going on here 11 Regular City Council Meeting August 8, 2007 Page Eight He said we can check on the computer to see if they are registered as anon-profit corporation with the State of Florida. Mr. Paternoster said then anyone can come up in front of us and say they want to put on an event and approach the City to be a co-sponsor, is that what you are saying, and they don't have to be registered as anon-profit organization. The City Attorney said no, there is nothing that requires they be anon-profit but that has been our policy. Mr. Paternoster said his question is - how do we know that she is, she is offering herself as that but we don't even have an attorney's signature or raised seal. The City Attorney said there is typically no raised seal and the one with the signature is off to Tallahassee, he said the paper provided is a report off the Secretary of State site showing that it has been filed. Mr. Paternoster said actually it is a facsimile and there is no raised seal. Ms. Paternoster said he didn't mean to make this difficult but wants to do this properly, he then asked the City Attorney that he says this is owned by the City and we have an agreement with anon-profit organization, noted the agreement in the packet is with the Chamber and asked why Ms. Monier was here, then asked her if she was representing the Chamber. Ms. Monier said she came before Council because the Chamber is no longer wanting to run events in the City, so she started anot-for-profit organization in order to keep the festival alive. She said Council was given the old contracts for reference so we could have a discussion as to the particulars of what she needed to run the event and she was hoping they would direct staff to rewrite the contract with this legitimate not-for-profit organization and the City as a joint venture to put on something for the good of the community. Mr. Paternoster said initially this was supposed to be a discussion now we are talking about a contract, however, Ms. Monier came to the City and said that she was going to be the representative and asked, was the City able to say they were looking for someone to put on the Art Festival. He asked the City Manager if this was done or if this was a one shot deal with Ms. Monier. The City Manager said the Art Festival was originally put on by the agreement before you by the City and the Chamber, Ms. Monier has not had an agreement with the City, the presentation before you as I envisioned it this evening would be to outline the high points of what Ms. Monier was looking for and renegotiate a new agreement, using the old Chamber agreement as a model, Council coming up with some points as we discussed, budget, audit, advertising costs, tighten up insurance issues, changing the term, setting the date, then Ms. Monier would get a fuzzy warm feeling as to where we're headed and she would go on her own and start the project and on the 22"d we'd be back with an amended contract. 12 Regular City Council Meeting August 8, 2007 Page Thirteen Mr. Paternoster asked when the Chamber backed out of their involvement agreement, and when did Ms. Monier approach the City to say she was willing to take over the Art festival. Ms. Monier said she came before Council last March and asked if you would reconsider putting it back in the budget and there was consensus. When he asked her if it was for the Chamber, she said no it was to have an Art Show. The City Manager said he did not know when it split from Chamber to the Sebastian River Art Festival but did not think that was an important point. He said what is important is that before Council is a model for a contract and we can get on down the road and we'll bring you back a new model for the 22"d Mr. Paternoster read from March 2006 minutes showing Chamber involvement, and said obviously the Chamber decided not to be involved, and Ms. Monier decided she was going to be, and asked if an opportunity was given to any other non-profit organization to be able to sponsor this Art Festival between March 2006 and now. The City Manager responded no. Ms. Monier said when she came before Council in the spring and asked them to reconsider an Art Show is when she decided to get involved. She said she as a volunteer is offering her knowledge and her services and a lot of passion for the well- being of the City of Sebastian. She said she has been working on the Articles for months and it makes sense. Mr. Paternoster said he did not want this to be bickering back and forth and we do not need to cloud the issues with a whole bunch of fluff, all we need to do is to find out the things that need to be found out so we can move forward. He said we are all in favor of this but we have about two or three different contracts in front of us, everything is being flip-flopped back and forth and now he understands from Mrs. Coy is - either do we want and Art Show or don't we want an Art Show. He said now Ms. Simchick is talking about contract provisions. Mr. Paternoster asked the City Attorney what his take on this was. The City Attorney corrected something he said previously, said Articles of Incorporation do not require a seal, and in fact most of them are done on-line and the only copy you will get is from the Secretary of State on-line. He said his impression on this is that Ms. Monier is the one who has run this Art Show since it began on behalf of the committee the first year, she ran it on her own the next year just to keep it alive, ran it for the Chamber for the next five times, the Chamber has expressed that they are not interested in doing it anymore so she is looking to take the same people who have done it up to this point, set it up as an independent organization and continue to do this on behalf of the City. He said if we want to continue it, he didn't see us being able to do it with City personnel and no one else has expressed an interest in it and she just wants to know if 13 Regular City Council Meeting August 8, 2007 Page Fourteen there is interest in this being put on by an independent non-profit group with people that have been doing it for the past six or seven times. Mr. Paternoster asked if he just said she ran it for the Chamber for the past years and the City Attorney answered yes. Mr. Paternoster said that is while she was a Council woman and the City Attorney answered yes. Ruth Sullivan, Indian River Drive, said the Art Festival is nice to go to, Ms. Monier has a lovely shop, said the Lions Club makes no profit, the Frog Leg festival and Clambake give funds to other organizations, but the Art and Music Festival has never given funds, and money should be going to the community. She said this is why the former Council discontinued paying for the ads, police and public works personnel and insurance, she said she has a problem with the money not going to the community and there should be a firm commitment to do this. Joe Scozzari, Sebastian, echoed Mrs. Sullivan's sentiments, said the Art Festival is a cool event but the City should get a piece of the pie, noted the Chamber hopes it stands on its own and wondered how much longer it should go before it does stand on its own, said Ms. Monier should put together a committee that can solicit donations. John Oakes, Birch Court, Sebastian, said Mr. Paternoster's due diligence is valid, and cited Mrs. Sullivan's comments are valid, but summarized Mr. Wolff's comments that this is pretty basic and we have bigger fish to fry. He asked when did the City become a for profit business, the economic benefit to our businesses will offset any minimal expenses, asked if the City Manager gives you a go ahead to go forward in good faith that Council call the question and make a motion, and any Council member uncomfortable for any reason for any reason to moving forward should vote no. Louise Kautenberg, Sebastian, Sebastian, member of the 75th Anniversary Committee, said with total unpaid devotion of Ms. Monier the first festival was held, that continuing the Art Show is a benefit to the City, we get to see art and hear music, folks came here to see what we had to offer. She said this issue sounds like much ado about nothing, that Ms. Monier is presenting a concept and not necessarily the details, and that people do need to apologize for Mr. Paternoster because he is not gentleman to do it for himself. Mayor Coy asked if anyone would like to speak. Mr. Paternoster called for a point of order and said now would be a good time for the Mayor to go into her routine about civility to that lady for the comment that she just made. Mayor Coy said she made the comment to him and she understands there is some blood between them. 14 Regular City Council Meeting August 8, 2007 Page Fifteen Mr. Paternoster said to her she was the Chair of this meeting so he would expect her to act appropriately, as she does with everybody else who goes up there that she is not satisfied with, and if not, he will have to take the appropriate measures. Mayor Coy said take the appropriate measures. Rob ????, Foster Road, Sebastian, said he was a member of Melbourne Jaycees for 20 years and instrumental with the first Melbourne Art Show, was watching these proceedings at home, that when they went before the Melbourne Council they asked us how much money do you want and tried to promote it, said there is little going on in Sebastian and said it is painful to watch this meeting, and is almost unbelievable that you are not promoting this and trying to help our City and make something happen here. Todd Klitenic, 1274 Barber Street, said if we give $3,000 or $4,000 to Art and Music Festival then the same should be given to the City Earth Day celebration, because it is more important than an Art Festival. Damian Gilliams, 1623 US 1, asked where the leadership was tonight from staff, said there were no signatures on the agenda transmittal, said he sees a lot of red flags, there should be a budget and an estimate should have been included, he noted the 2002 contract says the City is the host and the Chamber is the organizer and sponsor, commended Mr. Paternoster for his due diligence, noted there are too many gray areas and said Ms. Monier is getting compensated for her participation and she sat on the Council. He said he is for the Art festival but asked is this right for the taxpayers, he said Council represents the taxpayers and Ms. Monier just because she was a Council member and a big spender which is why she is no longer up here, commended Ms. Simchick, said the IRS does not approve a 501 C overnight, he said he would make a bet tonight that she won't get that within a year, said this is sloppy and is a mess, you can't make an educated decision. He started to read from the agreement. Mayor Coy said he did not have an agreement before him and he said he was reading from the one being used as a guide. The City Clerk said she would like an opportunity to speak when Mr. Gilliams was done because there were miscommunications as to the backup provided. She said she put it there. Mayor Coy said a contract will be coming before us at another date and he can discuss it then and asked him to move on. He said he would move on but didn't think she was being fair. Mr. Gilliams continued his presentation stating it is time to establish policies and procedures for your little parties down there at the park where you shut down the road, out of 80-100 vendors you are lucky if 20 are from the community, but taxpayers should be footing the bill, they should wean themselves off the welfare roll, we need to talk to the Clambake and the Lions too, let's start putting money back into the City's coffers so 15 Regular City Council Meeting August 8, 2007 Page Sixteen we can take care of police officers, PBA, CWA, as a property owner he is fed up with paying for outsiders coming into our community, half won't have licenses, Council should table this, it is sloppy, questioned beer sales and said Art people are big drinkers, we don't want to promote alcohol in our parks, said he pays taxes to serve liquor and a mortgage on his liquor license, and shutting down roads is not right. Chuck Lever, Mulberry Street, suggested Council have the City Attorney look into FS 11.045 and what Mr. Paternoster attempted to do was to protect each member before they made a decision. MOTION by Ms. Simchick and SECOND by Mayor Coy to move ahead with the joint project with Fine Arts and Music Festival with the Sebastian Riverfront Fine Arts and Music Festival Inc. subject to validation of their status and subject to terms of a contract at a later date. Mayor Coy said the City Clerk pulled up the Articles of Incorporation on-line by the appropriate office in Tallahassee, said that we spent one and one half hours on this, was disappointed that we had to go this route, though some think it necessary to hash away and pick away ad nauseum she finds it an embarrassment, we embarrassed people who came up here, and will apologize when she believes it is inappropriate, was disappointed we wasted this much time on a simple issue, and said if you didn't like it vote no but don't go on and on and belabor it. She said she is in full favor of this and we can tweak issues of concern in the contract, we can establish the funds to go out in a contract, all we are saying is we want the festival back the way we had it. Mr. Neglia said he agreed to a point and ask to amend it to have the City Attorney draw up an agreement with the Sebastian Riverfront Fine Arts and Music Festival, with the issues we discussed tonight and come back with the revised agreement he would be in favor of going ahead with it. Mayor Coy asked if Ms. Simchick would add to her motion "to direct the City Attorney to negotiate a contract in accordance with our discussion." Mr. Neglia said that is correct. Ms. Simchick added "to direct the City Attorney to negotiate a contract in accordance with our discussion and it comes back to us for approval", as rephrased by Mayor Coy to the original motion. Mayor Coy seconded the addition. Mr. Paternoster said we were not given opportunity to address all the articles in the contract, and did not think that is what we were here for, he thought we were here for a presentation. He said we are looking to draw up a contract for using the Fine Arts Festival as the sole individual on our behalf is that correct? Ms. Coy said we are drawing up the contract in accordance with Ms. Monier's request in her presentation using her Articles of Incorporation as the not-for-profit. 16 Regular City Council Meeting August 8, 2007 Page Seventeen Mr. Paternoster said he would like to amend the motion as well to put in "provided that once Mr. Stringer has had the opportunity to do some research on the items that he had brought up, if all of that is okay he would certainly go along with that, if not then he guessed we'd have to start from scratch and get another sponsor." Mayor Coy asked if this was amenable to Ms. Simchick and she said it was not. She said she feels it is the Attorney's obligation to investigate what Mr. Paternoster said and that will come whether it was this group or another. Mr. Paternoster asked the City Attorney if he was making an amendment would this be voted upon by all Council or just one person. The City Attorney said his motion to amend would require a second and a vote. MOTION by Mr. Paternoster "I move to amend". Mr. Wolff requested the City Clerk to repeat the amendment. The City Clerk said the motion to amend was "to have the City Attorney research and come back with some information and if it comes back in a favorable manner then he would agree to the motion was what I think he said." Mr. Wolff seconded the amendment. The City Clerk said you first take a roll call on the amendment and then a roll call on the motion. Ms. Simchick said she wanted a clarification because Mr. Paternoster added "then we'd go to another non-profit" and that is the problem she had. The City Clerk said this whole discussion has been very difficult to follow. The City Clerk asked the City Attorney as parliamentarian if we have two amendments or one to call. The City Attorney said we have a motion to amend to add, "subject to review by the City Attorney as to the issues of the conflict of interests, etc," and Mr. Paternoster did say, "in the event there is one we would work with another non-profit", and the question would be do you want to accept that amendment to the pending motion. Roll call vote on the amendment result was as follows: Ayes: Wolff, Paternoster Nays: Coy, Neglia, Simchick Failed 3-2 Ms. Simchick said our little shows are not our little shows, but are the community's, are economic development, thanked the man from Melbourne for coming down tonight, would bet if we had world class ballet show most would not be from Sebastian, that culture that is brought in would be enjoyed by all of Sebastian. 17 Regular City Council Meeting August 8, 2007 Page Eighteen Mr. Wolff said the City Manager had listened to comments for the last one and one half hours and would like him to take the lead, he has heard the concerns, and can sit down with Mr. Stringer and put together a contract that will make this festival a success that will ensure our transparency that we are looking for, that will cover any major concerns and get this festival going forward and possibly use that for a blue print for future festivals. Roll call vote on the main motion result was as follows: Ayes: Coy, Neglia, Paternoster, Simchick, Wolff Nays: None Passed The City Clerk again requested permission to be heard and explained that she placed the backup in the packet last Friday because she felt that with two new members on Council, and with no other backup provided, that it would provide a history of this item from its beginning and that it was strictly a background and was not presented as a proposed contract. She apologized if she confused any member of the public or the audience and said she would not do it again. Mayor Coy said there was no need to apologize, that the Clerk had advised her she was going to provide this backup prior to it going out and she concurred, and if there was any confusion we did it to ourselves. Mayor Coy called recess from 9:30 p.m. to 9:46 p.m. All members were present when the meeting was reconvened. 13. NEW BUSINESS 07.158 A. Council Action on Issues Discussed at 7/28/07 Council Retreat Workshop (City 85-88 Clerk/City Manager Transmittal) Mayor Coy asked Council to review each topic and direct staff and take action on accordingly. The items are set out for each topic as provided in the agenda packet. 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 Attorney 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. 18 Regular City Council Meeting August 8, 2007 Page Nineteen 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 contract amendments for Council approval at a regular meeting. MOTION by Mr. Wolff and SECOND by Mr. Neglia to direct the City Attorney to come back with Charter Officer contract amendments at a regular meeting. Mr. Paternoster said we talked about the evaluation process being done in public and asked the City Attorney if he had any information on that. The City Attorney said this would be done in public at a City Council meeting. Mr. Paternoster wanted clarification that this is when the increase if any would be established. The City Attorney said yes. Voice vote on the motion carried 5-0. 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. The City Attorney said personnel, operational types of things are typically resolution. MOTION by Mr. Wolff and SECOND by Ms. Simchick to propose that we establish this procedure by resolution and direct the City Attorney to bring back the appropriate language accordingly at a regular meeting. Mr. Paternoster said state law, Attorney General and case law mandates that it must be done in public, and asked would a resolution give the possibility of having it dissolved. The City Attorney said you can't override Florida law either by ordinance or resolution. Mr. Paternoster asked if we incorporate that into a resolution, how does that stand on its own. 19 Regular City Council Meeting August 8, 2007 Page Twenty The City Attorney said right now it is done by a policy that was done by roll call or voice vote, it wasn't a resolution, just a vote, so this actually formalizes the policy above what is in place. Mr. Paternoster said he hoped the City Attorney would incorporate the appropriate State statute into the resolution when he drafts it, so that this or future Councils will understand it. The City Attorney said he personally is not of the opinion that the way it is being done is in violation of Florida statutes. Mr. Paternoster said he has a plethora of paperwork from the Florida Attorney General, from the Florida Constitution and State statutes that it is definitely mandated but we'll discuss it at a later time, and if the City Attorney wants to leave it out we can discuss it at a later time. In response to Mr. Neglia, the City Attorney said with a resolution it would take one meeting to change, with an ordinance it would take two meetings to change and be advertised. Voice vote on the vote carried 5-0. 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 City Attorney to amend R-07-18 and bring back for Council approval at regular meeting. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to direct the City Attorney to amend R-07-18 and bring it back for Council approval at a regular meeting. Voice vote on the motion carried 5-0. 20 Regular City Council Meeting August 8, 2007 Page Twenty One 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 Inpubinformation': 3. Council will be able to make brief timely announcements under this item in case they are unable to get to Council Matters. 4. Consensus to change this title to Proclamations, Presentations and Announcements. 5. 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 Input/Information'; Council should direct the City Attorney to come back with an amendment to R-07-18. There was a consensus to change the title to "Public Input". Council could amend R-07-18 to add other directives for this agenda heading if they feel it appropriate. MOTION by Mr. Paternoster and SECOND by Mr. Wolff to make the changes as stipulated above. Voice vote on the motion carried 5-0. 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. 21 Regular City Council Meeting August 8, 2007 Page Twenty Two Council Action Needed: Council could amend R-07-18 to add directives for this agenda heading if they feel it appropriate. MOTION by Ms Simchick and SECOND by Mr. Neglia to amend R-07-18 to add these directives. Voice vote on the motion carried 5-0. 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 8th 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). Council Action Needed: Direct City Attorney to amend R-07-18 to include time limit and any other recommendations stated above if Council deems appropriate. Mayor Coy reiterated that Council had concurred with changing "Introduction of New Business from the Public" to "Public Input", and now would consider a time limit and other issues stated above. Mr. Paternoster said he believed Mr. Neglia had discussed this at the retreat, and Mr. Neglia said he would like to move Public Input to before the consent agenda. He said he could wait the sixty days or we could decide to change it. Ms. Simchick said she could wait the sixty days, and said she did not think we said to move it before consent. She said we could shorten the sixty days, but move it to where we discussed at the retreat. Mr. Paternoster said it was moving it to after Unfinished Business. Ms. Simchick said she would be in favor of this. Ms. Simchick said Fellsmere's ordinance contains the following language, "Personal, impertinent and slanderous remarks and applauding are not permitted and may result in expulsion from the meeting", and we may want to consider this. 22 Regular City Council Meeting August 8, 2007 Page Twenty Three Mayor Coy noted it was listed in the recommendations, and there were no objections to her recommendation. Mr. Wolff agreed with everything here and asked would it take a judge to determine what is a slanderous remark. The City Attorney said ultimately from a legal standard it would be a judge, but as for a policy established in these types of meetings, the Mayor would make a determination, then there could be an appeal process and ultimately it would be a vote of Council. Mr. Wolff said he would be willing to reduce the sixty day timeframe to two more meetings. Mayor Coy said she would like to see the full sixty days but we could bring it up again. She cited tonight's meeting as an example of why we are not on track yet, a light agenda that turned into a very long agenda. MOTION by Mr. Neglia and SECOND by Mr. Wolff to direct the City Attorney to amend R-07-18 to include time limit and any other recommendation that Council deems appropriate. Mr. Wolff said he would propose starting off with five minutes. Mayor Coy said we need to add in that it takes a majority of Council to extend public input. She said would yield to five minutes. Mr. Neglia said he would like to see three minutes with extension to five if needed by majority vote. Mr. Paternoster said he was not in agreement with a time limit, and asked Mayor Coy, as a teacher if two or three of her students in a whole class were disrupting the class would she punish all the class. He said it seems like we are punishing the entire public for two or three people. Mayor Coy said on the other hand she would not punish the entire class for the bad behavior of two or three people which is what is happening now, not only to members of the public here, but to those in the television audience who have to endure it. She said his analogy is good but as a teacher she would not allow two disruptive folks to take over an entire meeting and run the show. Mr. Paternoster then said she would probably remove them from the class. Mr. Paternoster said decision to extend should be allowed by one person, in case one of us needs more clarification, and because it would be subjective. 23 Regular City Council Meeting August 8, 2007 Page Twenty Four Mr. Paternoster said he would not want to wait sixty days, and his preference would be five minutes. Ms. Simchick said she would tend to say three minutes but to be fair and would go to five, and feels extension should be by majority vote of Council, stating that an individual can be advised to contact a Council member, and said she could go thirty days instead of sixty. Mayor Coy called for a motion, and the City Clerk advised that there is a motion by Mr. Wolff to agree with the all of this consensus given and then Council started talking about the time limit and then he added the five minutes so what needs to be decided is the sixty days. Mayor Coy amended the motion to for the sixty days subject to review if necessary and would also like to add Council consensus for extension. Voice vote on the amendment carried 4-1 (Paternoster -nay) Roll call vote on the main motion result was as follows: Ayes: Coy, Neglia, Simchick, Wolff Nays: Paternoster Passed 4-1 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). Mayor Coy said this did not need to be incorporated into anything but just wanted to remind Council if they wanted to add something or modify the agenda and it is not time sensitive and we have a full agenda, or until we get on our feet and start getting through agendas in a timely fashion, she would ask that you not bring it up. The City Clerk said the rest were items addressed by individual Council members and did not think they needed further recommendations, noting they seemed to be strong suggestions. Mayor Coy said when this comes back, if anyone feels strongly about any of these issues, they bring them up and if not they will go away. 24 Regular City Council Meeting August 8, 2007 Page Twenty Five Ms. Simchick asked that the City Clerk list these items in the packet when the other issues come back. The Clerk reported that the Affordable Housing information came in yesterday and was in front of Council. Mayor Coy clarified this item will be on the next agenda and the City Attorney said it would. 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 John Oakes, Birch Court, Chairman Budget Advisory Committee, requested six minutes and then responded to comments made by Mr. Wolff at the July 25, 2007 Council Meeting, quoting him regarding "decisions bandied about at that (Budget Advisory Committee) meeting, he then read the definition of "bandied" from Webster's Dictionary, he encouraged people to review their proceedings and conclude whether it met that definition. Mayor Coy asked Mr. Oakes to keep his input non-specific. Mr. Oakes said he was not trying to attack Mr. Wolff but was responding to his comments, continued relative to the responsibilities of the Budget Committee, asked all Council members to give consideration as to whether these types of comments have any effect on trying to find board members, or do they discourage volunteers. He said if this or any other committee is felt to be irrelevant that you place this item under your items for consideration at a Council meeting and if after rational discussion, Council make a motion to dissolve the committee. He said he called Mr. Wolff and left a message, acknowledge that he is not required to return calls, but because he was unsuccessful he thought it his responsibility to bring this item, and said he looked forward to hearing Council comments on the Budget Committee's recommendations. Mr. Wolff had no response. Joe Scozzari, Sebastian, said he dropped off an agreement almost verbatim to Ms. Monier's (see attached), said he was looking for an agreement for a bike festival, described how to skin a rabbit, said he was not anon-profit, but has connections with motorcycles, Charlie Daniels, and Billy Lane, would pay for police, pay for any landscaping and trash removal and within 3 years bring money in. He asked if the City Manager could look into it and put it on the next agenda, look at the Leesburg event which has a promoter and brings in millions of dollars. He said he would give 75% of booth space back to the City and 50% of all proceeds back to the City to keep employees and fund other things. 25 Regular City Council Meeting August 8, 2007 Page Twenty Six At 10:31 motion was made: MOTION by Ms. Simchick and SECOND by Mr. Neglia to extend the meeting carried on a voice vote of 5-0. Mr. Scozzari continued. He said we can set up as anon-profit or as promoter and take 25% and can maybe get others involved. He again asked if someone could ask the City Manager to put this on an agenda. Ms. Simchick said in concept perhaps individuals from the community with non-profit status like ABATE can be formed, and said she was glad to see his mind is working toward good things. Mr. Scozzari said Mr. Paternoster is a member of the Blue Knights and the State police would be anxious to come here. He said he heard a personal attack where someone was called "non-gentlemanly" and if he said someone on Council was not "ladylike" he'd be thrown out of this place and feels for Mr. Paternoster to have to take that abuse, ask for help and for that Chair to ignore his request and hopes the Chair realizes there may come a time that she'll be requesting help from other Council members and may not get it. Damian Gilliams, 1623 US 1, said it is nice to hear someone who wants to have a festival and. giving money back to the City; that it is nice to see the Mayor is allowing us to speak, said he was disappointed with the Retreat because we challenged the City Attorney and got to speak at the Retreat that was not publicized, that the Public Input was put at the end of the agenda and you didn't care what we thought, it was not on TV, and he left because it was an insult, noted they did not discuss the City Attorney evaluation and then proceeded to read his City Attorney evaluation, started to discuss his physical appearance. Mayor Coy stopped him stating it was inappropriate. Mr. Gilliams said it was freedom of speech and he has a right to evaluate people who work for him and the City Attorney works for him. He continued his evaluation of Mr. Stringer, said he was unprofessional, his dress code is not tolerated, everything is a joke, acts like a clown, sets double standards. Mayor Coy told him to take his seat. He questioned where his warning was. She gave him a first warning and asked him to take his seat. Mr. Gilliams said he was not done yet and asked for a point of order by other members if they were going to allow this. 26 Regular City Council Meeting August 8, 2007 Page Twenty Seven Mayor Coy said put him out and said she was not going to play this game with him and it is a game to him. She said this is exactly what he was told at the last meeting by Council member Simchick. Mr. Gilliams yelled from the back of the room and Mayor Coy again told him to leave the room. Ruth Sullivan, Indian River Drive, Sebastian, said she greatly sympathizes with the Council that they have to sit meeting after meeting and be subjected to this and it is a shame that they have to think about limiting public input because of one or two gentlemen that abuse public input, and she would have liked to see ten minutes, that unlimited is unnecessary. She said it is a shame we have to put up with this kind of thing by so few people, now thank God we are down to one tonight. She said she attended a Planning and Zoning meeting last week and the same thing happened with the same person, but said that most communities have one, she had one in Michigan and it takes great patience and she commends them for their patience. 15. CITY ATTORNEY MATTERS The City Attorney requested an Attorney-Client Session with City Council on the Fellsmere litigation issue, and asked Council to particularly review the two annexation agreements, and asked Council to review the packet he provided to them previously. It was the consensus of City Council to conduct the Attorney-Client Session to discuss settlement strategy on August 29, 2007 at 6 pm. City Council will meet at a Special Meeting at 6 pm and then adjourn and move to the 2"d floor conference room for the closed session. 16. CITY MANAGER MATTERS -None. 17. CITY CLERK MATTERS -None. 18. CITY COUNCIL MATTERS A. Mr. Paternoster Mr. Paternoster asked about the status of the overgrown lot issue. The City Manager responded the ordinance is being updated and will be going out to Fish and Wildlife. The City Attorney said they needed some other stuff which we sent out and they will get it within the week. Mr. Paternoster asked if he will provide a draft to Council. 27 Regular City Council Meeting August 8, 2007 Page Twenty Eight B. Ms. Simchick 07.159 i. Vision/Wish List Format Ms. Simchick said she put this item on because we couldn't get to goals and objectives at the retreat, and said she would like to collectively create a plan at a special meeting, and would like to see us put a footprint into the future and take the City to the next step. Mayor Coy asked if we could do this in conjunction with the budget workshop Ms. Simchick said she did not want to confuse the issues, would bring it up in 60 days or so and wants it to be active and have 100% from everybody, workshop format would be great and make it a joint effort with citizens. Other Matters Ms. Simchick reminded everyone there is a court date on August 21St at 9:30 am and hoped Council members can make it to show support. C. Mr. Wolff Mr. Wolff said goals were not discussed at the retreat workshop but as soon as we have time we should go back and sit down with City Manager and talk about some goals for next few years and establish whether we are in consensus with a few items. D. Mayor Coy Mayor Coy suggested a Wednesday, October 17~' workshop and making it for short and long term goals and vision. It was the consensus of Council to schedule the workshop. E. Mr. Neglia Mr. Neglia asked if Fish and Wildlife can throw a wrench into the overgrown lots ordinance. The City Attorney said that has been the snag and now we will have to have permit to take out nuisance plants. He said we started out to compel people to cut back and it is turning out to be an ordinance to prevent people from cutting back. 28 Regular City Council Meeting August 8, 2007 Page Twenty Nine The City Attorney further described what they are asking for, and Mr. Neglia said what they are requiring was not constitutional. 19. Being no further business, Mayor Coy adjourned the Regular Meeting at 10:59 p.m. Approved at the $ ~ 2 2 ~ ~ ~ Regular City Council meeting. ndrea Coy -Mayor ATTE ~_ ~ ~ ~~ Sally A. Maio MC -City Clerk 29 www.sunbiz.org - llepartment of State Home Contact Us E-Filing Services Previous on List Next on List Document Searches Forms No Events No Name History Detail by Officer/Registered Agent Name Florida Non Profit Corporation SEBASTIAN RIVERFRONT FINE ARTS AND MUSIC FESTIVAL, INC. Filing Information Document Number N07000007722 FEI Number NONE Date Filed 08/06/2007 State FL Status ACTIVE Principal Address 1125 US HIGHWAY 1, SUITE B SEBASTIAN FL 32958 Mailing Address 1125 US HIGHWAY 1, SUITE B SEBASTIAN FL 32958 Registered Agent Name & Address MONIER, LISASNNE 1125 US HIGHWAY 1, SUITE B SEBASTIAN FL 32958 Officer/Director Detail Name & Address Title DV MONIER, LISANNE 1125 US HIGHWAY 1, SUITE B SEBASTIAN FL 32958 Title D PEPPE, PAM 326 FLEMING STREET SEBASTIAN FL 32958 Title D Yage 1 ofL Help http://www. sunbiz.org/scripts/cordet.exe?action=DETFIL&incLdoc_number=N070... 8/ 16/2007 www.sunbiz.org - llepartment of State MITCHELL, BETH L 598 FUTCH WAY SEBASTIAN FL 32958 Annual Reports No Annual Reports Filed Document Images 08/06/2007 -- Domestic Non-Profit Note: This is not official record. See documents if question or conflict. Pagel otL Home Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright n 2007 State of Florida, Department of State. http ://www. sunbiz. org/scripts/cordet. exe?action=DETFIL&in~doc_numbeY =N070... 8/ 16/2007 ~, _ Joint project agreement for THE SEBASTIAN RIVER LAGOON BIKE-FE~t'~ ~ , ~ ~~ ~ ~ y 2 PRESENTED BY BY BIKERS-4-BIKERS PUBLISHING & PROMOTIONS LLC. This agreement entered into this- day of between the City OF SEBASTIAN , a Florida municipal corporation (hereinafter called "CITY") and BY BIKERS 4 BIKERS PUBLISHING LLC.(hereinafter called "BB4B")PROVIDES THAT: WHEREAS, It is the desire of BB4B to sponser and organize a weekend motorcyclist enthusiast event in a month to be determined so as not to interfere with other city events. BB4B and city desire that BB4B begin and maintain the status of sponsor and organizer of the celebration, and the parties hereby set forth the obligations and privileges of this valued future relationship: THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises made herein the sufficiency of which is hereby acknowledge by the parties, it is agreed: 1. The parties shall cooperate in organizing and conducting the the "Sebastian River Lagoon Bike-Feat" during the winter season for the ne$t 5 years beginning with the winter of 2007/2008 and continuing through the winter of 2012!2013. The specific dates of the festival shall be coordinated between BB4B and the CITY. 2. BB4B shall have full responsibility for maintaining, and is authorized to maintain, the HOG PIT" open spit pig roast B-B-Q adjacent to the food preparation area in accordance with established fire safety guidelines, and shall at all times have representatives tending the same. 3. BB4B 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 Sebastian Police Department, Fire Marshall and Health Department. 4. Said Event shall entail , at a minimum, a juried motorcycle show, a food and drink court that can include beer and/or wine service, with live musical entertainment over a 2 day period in Riverview Park, with such additional events as determined by BB4B 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 and or Sebastian Police Department following notification to businesses within 300 feet of a closed segment. S.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 river park for over night security on the Saturday evening of the event. 6. CITY shall provide personnel to supervise and assist in maintaining the park and grounds, including trash removal and insect control, beginning with pre-event set-up through post-event breakdown. Additionally, City shall provide all electric power required for the event. 7. CITY shall provide 6 half page ads in newspaper(s) published in Indian River County , Martin County, and Bravard County as designated by BB4B,and advertising in the TGIF section of Florida today. Additionally, City shall provide 20 radio advertisement spots, stations to be determined through coordination of BB4B and City. 8. BB4B shall have the right to rent concession booths in Riverview Park and the closed portion of Indian River Drive right- of-way as part of the festival, 75% of proceeds from concession booth fees shall be given to the city to defray the cost of the event from the taz payers of Sebastian. Additionally 50% of all profit shall be donated back to the CITY and placed in the General fund portion of the city budget to defray the taz burden for Sebastian residents. 9. BB4B shall organize fund- raising and otherwise have full financial responsibility for funding the Event. 10. BB4B agrees to indemnify, defend and hold City harmless from any and all claims of any nature brought by BB4B members or agents in the course of performing BB4B's obligations under this agreement, or from any claims by any persons arising from or damages incurred by the City from actions of BB4B'S members or agents whatsoever arising from the eacercise of the privileges and obligations set forth herein. 11. CITY agrees to indemnify, defend and hold BB4B 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 persons arising from the wrongful acts of CITY'S employees or agents whatsoever arising from the ezercise 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. CITY OF SEBASTIAN Al Minner, City Manager BB4B Publishing L.L.C. Joseph Scozzari, President ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC Rich Stringer, City Attorney City Clerk (Seal) TO: Members of the Sebasti City ouncil FROM: AI Minner, City Mana r RE: STORMWATER FE ASE -ITEMS TO CONSIDER DATE: Wednesday, August 8, 007 I do apologize for the tardiness in providing this information. This item was scheduled for brief review at the last Council Meeting, but since that time additional information has been acquired. Moreover, Richer Stringer was out last week and I needed to confirm some of this information, so there was not ample opportunity to provide this information to you prior to agenda packet dissemination on Friday, August 3~d Below is a short question and answer brief on items and process concerning a potential stormwater utility fee increase. This process is a bit tricky, so I find that explaining in the following manner, directly and concisely sums up issues of consideration. WHAT IS REQUIRED TO INCREASE STORMWATER UTILITY FEES? The stormwater utility fee can be increased by a supermajority passage of a resolution, which is considered after a public hearing that has been duly advertised and properly noticed to all affected property owners. The increase is effective for any term that the Council sets forth. WHAT IS PROPER NOTICE AND ADVERTISEMENT? Because this fee has been established as an assessment, two processes are available. First, the City can work with the Indian River County Assessor's Office to publicly advertise public hearings and notice via the TRIM process. To advertise this way, the Assessor's Office needs notification in early/late spring of the preceding fiscal year in which you plan to collect additional revenue. To collect revenue in FY 08, it is too late for the City to use the TRIM process. This process would be available for an FY 09 collection/increase. However, the second option is to conduct a special notice process by the City. In this case, the City can mail to all affected parties, notify of the intent to increase fees, hold a public hearing and pass a resolution in time to increase the fee for FY 08. This special process is permitted by State Statutes. WHAT WOULD BE A TIMELINE FORA "SPECIAL NOTICE PROCESS"~ A notice is written providing all information per State Statues. Sending out this notice to all parties, including postage, paper, etc. would cost approximately $10,000. The notice would need. to be sent by August 23`d, to meet the requirement of a 20-day notice period. Then a public hearing could be set for September 12tH. Assuming the resolution would pass, this process would meet the assessor's office Final TRIM deadline of September 15tH HOW MUCH REVENUE CAN BE GENERATED BY AN INCREASE? In short, every $0.50/month increase would create an additional $105,600 per year. Right now approximately $800,000 is generated by a $4/month - $48/annual fee. Below is a quick chart, which depicts a $0.50 incremental increase up to $6.00 per month. CURRENT RATE UO/Annually TOTAL REVENUE ADDITIONAL MONTHLY INCREASE I NEW REVENUE (NEW ANNUAL COSTI $0.50 ($54) $105,600 $1.00 ($60) $211,200 $1.50 ($66) $316,800 $2.00($72) $422,400 WHAT ARE THE BUDGET IMPLICATIONS FOR FY 08? There are many implications. As of this writing I have asked Council to consider not moving forward with a 4th ditch cutting. That cost is $100,000. However, since the Budget Committee reviewed the budget in mid June, the deficit has been reduced from $585,000 to approximately $185,000. At this time, there still are a number of employees that have not returned notice for the early retirement incentive. In short, if all employees opt for early retirement, there should be enough money to balance the FY 08 Budget with a 4th ditch mowing option and many of the other items originally considered for reduction. WHAT ARE SOME OTHER ISSUES TO CONSIDER WHEN EXAMINING A FEE INCREASE? • There is intent for capital purpose in the utility fee. Although this requirement was amended to achieve some maintenance goals (i.e. ditch cleaning and'/< round installation), Council may want to provide special consideration if they really want to increase the fee for maintenance purposes. Should an increase be needed, some time may be needed to consider new capital projects and planning once the major projects such as Collier Creek and Twin Ditches are complete. • A special capital project may provide more purpose/justification for an increase. • When originally instituting the current $48 annual fee, the TRIM process was used. Should an increase be considered, Council may want to consider using the TRIM process again, as this was the first way the public was notified about the assessment. WHAT'S THE BOTTOM LINE? If Council wants to generate additional. revenue for a specific purpose such as additional maintenance or a specific project, fees can be increased ..and new revenue can be realized in time for FY 08. q~~ ~ ~ ~ Vn~~ ARTICLES OF INCORPORATION OF SEBASTIAN RIVERFRONT FINE ARTS AND MUSIC FESTIVAL, INC. In Compliance with Chapter 617, F.S., (Not for Profit) ARTICLE I. NAME The name of the corporation shall be: SEBASTIAN RIVERFRONT FINE ARTS AND MUSIC FESTIVAL, INC. ARTICLE II. PRINCIPAL OFFICE The principal place of business and mailing address of this corporation shall be: 1125 US Highway 1, Suite B, Sebastian Florida 32958. ARTICLE III PURPOSE This not for profit corporation is organized and shall be operated for the following purposes: A. To promote public interest in and appreciation of the arts and to promote cultural enhancement and awareness through the arts and public exhibition and performance of the arts within the City of Sebastian and its environs; B. To promote and finance this charitable function through sponsorship of public festivals, concerts, exhibitions, and other productions and fund-raising events and activities within the City of Sebastian and its environs; C. To encourage the creative arts and scholarships by making grants to needy artists and to support the participation of all children in quality of life programs and by those who might not otherwise have access to such cultural enhancements; D. To encourage and support the City of Sebastian and neighboring areas in the development of cultural activities and the arts; E. The purposes for which Sebastian Riverfront Fine Arts and Music Festival, Inc. is organized are exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under §501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code. ARTICLE IV POWERS This Corporation shall have the following powers: A. All powers necessary or convenient to effect any or all of the Corporate purposes, including such powers as granted in Chapter 617, F.S., and all amendments subsequent thereto, subject to the limitations set forth herein. B. No part of the net earnings of the corporation shall inure to the benefit of, or be d.s~:butable to .ts me::2bers, tri:s±ees, officers, or other private persor~, except fi,ar the COrYoration shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article III hereof. C. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation__shall not_. participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permit- ted to be carried on (a) by a corporation exempt from federal income tax under §501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or (b) by a corporation, contributions to which are deductible under § 170(c)(2) of the Internal Revenue Code, or the corresponding section of any future federal tax code. ARTICLE VI. MEMBERSHIP A. The Board of Directors of the corporation shall be the Members of this Corporation and shall be selected in accordance with the bylaws. B. The Board of Directors may also establish advisory members, who shall be individuals approved for membership by the Board of Directors who subscribe to the goals and purposes of the organization. Advisory members shall not be entitled to vote at membership meetings. ARTICLE VI. BOARD OF DIRECTORS AND OFFICERS A. This Corporation shall be managed by a Board of Directors of not less than three (3) nor more than fifteen (15) members of the Corporation; provided that, qualification and election of Directors and other matters regarding functioning of the Board of Directors shall be set forth in the Bylaws. B. The initial Board of Directors of the Corporation shall be: Lisanne Monier Pam Peppe Beth L. Mitchell 1125 US Highway 1, Suite B Sebastian FL 32958 326 Fleming Street Sebastian FL 32958 598 Futch Way Sebastian FL 32958 C. The number and manner of appointment of officers of this corporation and other matters regarding their functioning shall be as set forth in the Bylaws. The initial officers of the Corporation shall be: Lisanne Monier Pam Peppe Beth L. Mitchell President Vice President Secretary-Treasurer ARTICLE VII. EXISTENCE, DISSOLUTION The Corporation shall have perpetual existence, unless dissolved according to law. Upon the dissolution of the corporation, assets shall be distributed for one or more exempt pupsoses within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by a Court of Competent Jurisdiction of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. ARTICLE VIII. AMENDMENT These Articles may be amended at a regular or special meeting of the members called for that purpose by atwo-thirds (2/3) vote of the members. The Bylaws may be approved or amended at a regular or special meeting of the members called for that purpose by atwo-thirds (2/3) vote of the members. ARTICLE IX. PRIVATE OPERATING FOUNDATION At any time during which this corporation is classified as a private operating foundation it shall be subject to the following restrictions: A. The corporation will distribute its income for each tax year at a time and in a manner as not to become subject to the tax on undistributed income imposed by section 4942 of the Internal Revenue Code, or the corresponding section of any future federal tax code. B. The corporation will not engage in any act of self-dealing as defined in section 4941(d) of the Internal Revenue Code, or the corresponding section of any future federal tax code. C. The corporation will not retain any excess business holdings as defined in section 4943(c) of the Internal Revenue Code, or the corresponding section of any future federal tax code. D. The corporation will not make any investments in a manner as to subject it to tax under section 4944 of the Internal Revenue Code, or the corresponding section of any future federal tax code. E. The corporation will not make any taxable expenditures as defined in section 4945(d) of the Internal Revenue Code, or the corresponding section of any future federal tax code. ARTICLE X. INCORPORATOR The name and address of the Incorporator is: LISANNE MONIER, 1125 US Highway 1, Suite B, Sebastian Florida 32958. ARTICLE XI. INITIAL REGISTERED AGENT AND STREET ADDRESS The name and Florida street address of the registered agent is: LISANNE MONIER, 112 US Highway 1, Suite B, Sebastian Florida 32958. J /~ ~ _ ~ August 2, 2007 Monier Incorporator Date Having been named as registered agent to accept service of process for the above stated corporation at the place designated in this certificate, I am familiar with and accept the ap~°intment as registered agent and agree to act in this capacity. l / /, 1\ n ~ August :2,~a~7 Monier, Registered Agent Date Ch. 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS (h) The transaction is made pursuant to s. 1004.22 or s. 1004.23 and is specifically approved by the presi- dent and the chair of the university board of. trustees. The chair of the university board ofi trustees. shall sub- mit to the Governor and-the Legislature by March 1 of each year a report of the transactions approved pursu- ant to this paragraph during the preceding year. (i) The public officer or employee purchases in a private capacity goods or services, at a price and upon terms available to similarly situated members of the general public, from a business entity which is doing business with his or her agency. (j) The public officer or employee in a private capacity purchases goods or services from a business entity which is subject to the regulation of his or her agency and: 1. The price and terms of the transaction are avail- able to similarly situated members of the general pub- lic,• and 2. The officer. or employee makes full disclosure of the relationship to the agency head or governing body prior to the transaction. (13) COUNTY AND MUNICIPAL- ORDINANCES AND SPECIAL DISTRICT AND SCHOOL DISTRICT RESOLUTIONS REGULATING FORMER OFFICERS OR EMPLOYEES.-The governing body of any county or municipality may adopt an ordinance and the gov- erningbody of any special district or school district may adopt a resolution providing that an appointed county, municipal, special district, or school district officer or a county, municipal, special district, or school district employee may not personally represent another per- son or entity for compensation before the government body or agency of which the individual was an officer or employee for a period of 2 years following vacation of office or termination of employment, except for the pur- poses of collective bargaining. Nothing in this section may be construed to prohibit such ordinance or resolu- tion. (14) LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.-A person who has- been elected to any county, municipal, special district, or school district office may not personally represent another person or entity for compensation before the government body or agency, of which the person was an officer for a period of 2 years after vacating that office. For purposes of this subsection: (a) The "government body or agency" of a member of a board of county commissioners consists of the commission, the .chief administrative officer or employee of the county, and their immediate support staff. (b) The °government body or agency" of any other county elected .officer is the office or department headed by that officer, including all subordinate employees. (c) The "government body or agency" of an elected municipal officer consists of the governing body of the municipality, the chief administrative officer or employee of the municipality, and their immediate sup- port staff. (d) The "govemment body or agency" of an elected special district officer is the special district. (e) The "government body or agency" of ~,~, school district officer is the school district. (15) ADDITIONAL EXEMPTION.-No elect' lic officer shall be held in violation of subsectiti' the officer maintains an employment relationst~ an entity which is currently atax-exempt orga; under s. 501(c) of the Internal Revenue Co which contracts with or otherwise enters into..,`- ness relationship with the officer's agency and•, (a) The officer's employment is not directly`o~ rectly compensated as a result of such contractor Hess relationship; (b} The officer has in no way participated>s~~ agency's decision to contract or to enter into'the Hess relationship with his or her employer, whefhr participating in discussion at the meeting, by co '` eating with officers or employees of the agency, or erwise; and ;; (c) The officer abstains from voting on any~m which may come before the agency involving the . cer's employer, publicly states to the assembly,` nature of the officer's inferest in the matter fromw. he or she is abstaining, and files a written memo`. dum as provided. in s. 112.3143. '' (16) LOCAL GOVERNMENT ATTORNEYS (a) For the purposes of this section, "local. gout ment .attorney" means any individual who routi serves as the attorney for a unit of local goverrirri The term shall not include any person who reri'' legal services to a unit of local government pursuai.; . contract limited to a specific issue or subject, to s~eaj litigation, or to a specific administrative proceeding:lF, the purposes of this section, "unit of local governme, includes,- but is not limited to, municipalities, count~i.,, and special districts. ;;; (b} It shall not constitute a violation of subseoti (3) or subsection (7) for. a unit of local governm'ent~#o~; contract with a law firm, operating as either a partner ;~; ship or a professional association, or in any combirja~, tion thereof, or with a local government attorney.wh9Ai~s'~: a member of or ,is otherwise associated with the law firm, to provide any or all legal services to the urit~of .local government, so long as the local governmefi! attorney is not afull-time employee or memberof~rthe governing body of the unit of local government. H,ow- ever, the standards of conduct as provided in subecc, tions (2), (4), (5), (6), and (8) shall apply to any person who serves as a local govemment attorney. ~:~q (c) No local government attorney or law firm in which the local government attorney is a member, parti Her, or employee shall represent a private individual or entity before the unit of local government to whichifhe local-government attorney provides legal services.:~4 local government attorney whose contract with the unit of local government does not include provisions ;that authorize or mandate the use of the law firm of the: local government attorney to complete legal services for the unit of local government shall not recommend or other- wise refer legal work to that attorney's law firm to be completed for the,unit of local government. ,;.Y~; (17) BOARD OF GOVERNORS AND BOARDS OF TRUSTEES.-No citizen member of the Board of God- ernors of the State University System, nor any citizen 984 has ~ ~s