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HomeMy WebLinkAbout08222007crn c~F ~~~~~ _ R _ _ ; ~~ HOME OF PELICAN ISLAN© SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 22, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. 5. 6 Mayor Coy called the Regular Meeting to order at 7:07 p.m. The Pledge of Allegiance was led by Mayor Coy. There was a moment of silence. Mayor Coy read the civility pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. ROLL CALL City Council Present: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff City Council Absent: Staff Present in Chambers: Airport Director, Joe Griffin Finance Director, Shai Francis Human Resources Director, Debra Krueger Police Officer, Rob Kyzer Public Works Director, Jerry Converse Parks Superintendent, Chris McCarthy MIS Systems Analyst, Barry Siepmann Staff Present at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members MOTION by Mayor Coy and SECOND by Mr. Neglia to add two recognitions to the agenda for a Tree and Landscape Advisory Board member, and the Audio-Visual person was approved on a voice vote of 5-0 under item 7. Regular City Council Meeting August 22, 2007 Page Two 7. PROCLAMATIONS, PRESENTATIONS, BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff Announcements: Mayor Coy announced the September 10th and 19th budget hearings at 6 pm; and asked the public to please sign for the hearing devices and not take them out of the room. Presentations: Mayor Coy presented a Certificate of Appreciation to Mary Bennett for her service on the Tree and Landscape Board. Mayor Coy recognized Bob Barbour, Barbour Multimedia, who had done the broadcasting of the City's meetings and events camera work for the past five years and who is leaving due to budget cuts. She presented him with a Certificate of Appreciation and a gift from those who worked with him. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-29 A. Regular Meeting Minutes - 8/8/07 31-34 B. Budget Workshop Minutes - 8/15/07 07.160 C. Award Contract for Workers' Compensation Insurance Program FY 07/08 to 35-37 Florida Municipal Insurance Trust for One Year Term Effective October 1, 2007 from FY 2008 Funds (HR Transmittal, Bid Tab) 07.161 D. Waive Competitive Bid Process and Authorize Renewal and Application of the 39-57 Following Agreements: Group Health through Blue Cross Blue Shield of Florida; Group Dental through Florida Combined Life Insurance; Life Insurance and Long Term Disability to Blue Cross Blue Shield of Florida/Florida Combined Life Insurance Company Effective October 1, 2007 from FY 2008 Funds (HR Transmittal, Gehring Group Renewal Evaluations, CompBenefits Renewal Letter, 2006-2007 Employee Benefits Highlights) 07.162 E. Riverview Park Lights/Electric Improvements (Parks Transmittal, Drawing, 5s-s2 Original Bid, Revised Bid)(Site Plan Under Separate Cover) MOTION by Mr. Neglia and SECOND by Mr. Paternoster, to approve items A through E of the consent agenda. 2 Regular City Council Meeting August 22, 2007 Page Three Roll call result was as follows: Ayes: Coy, Neglia, Paternoster, Simchick Nays: Wolffe Passed 4-1 9. COMMITTEE REPORTS 8~ APPOINTMENTS 07.004 A. Natural Resources Board 83-91 (City Clerk Transmittal, Application, List, Ad) i. Interview, Unless Waived, Appoint One Alternate Member Ms. Simchick asked whether Ms. Miller had served on any boards, and the Deputy Clerk responded that she was a member of the Tree and Landscape Advisory Board and the Temporary Environmental Advisory Committee, had resigned before they were merged, but now would like to serve on the Natural Resources Board. Mr. Paternoster nominated Therese Miller for the alternate position to expire 7/2008. Being no other nominations, Ms. Miller was appointed. 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS 07.102 A. Dog Park Update (City Manager Transmittal, Site Spreadsheet, Site Aerials, s3-143 Conceptual Layouts, Site Pictures) The City Manager briefly reviewed his recommendation to Council as set out in the agenda packet. Carolyn Corum, agreed with the Stormwater Park as a great location and requested that Council set out additional funds for the park. Trish Adams, Chair, Natural Resources Board, said some of the areas are in locations which have sensitive environmental issues, cautioned against using the Stormwater Park, recommended a scrub jay survey, and said the Natural Resources Board could have made recommendations to the Parks and Recreation Committee and Council. The City Manager stated the City's Environmental Planner surveyed the properties with him and there was mention of the jays and other species being problematic for the Stormwater Park in his report to Council. Ms. Simchick asked Ms. Adams if she had any concerns with Schumann Drive and she said she was not aware of any. Damien Gilliams, 1623 US 1, Sebastian, said the airport was the best location, and asked if anyone contacted people adjacent to the subject residential properties. Regular City Council Meeting August 22, 2007 Page Four Jack Wilson, Rose Arbor Drive, said there was more clear area in the Schumann Park area than is designated on the map in the packet and said he walked off 9/10's of an acre. Linda Scott, Dunn Terrace, requested that Council consider shade when they consider sites, strongly agreed with the Schumann site because of the shade, and said the airport is not a good location because of lack of shade and noise. Todd Klitenic, 1274 Barber Street, Sebastian said dogs will have to be kept away from scrub jays, and that John Oakes suggested if 1,000 dog lovers put up $20 each they could pay for the park. City Council discussion followed. Ms. Simchick suggested using the Natural Resources Board for items such as this and that Schumann does meet many of the criteria so she would have to go with staff recommendation. Mr. Wolff inquired about maintenance costs, discussed the need to utilize the Stormwater Park facility overall, said the Schumann site was too small and a larger site was needed, and suggested not making a rash decision tonight. Mayor Coy asked if more space can be utilized at the Schumann site and said she was hearing recommendations for Schumann from the people. Mr. Neglia also asked if the more property at Schumann could be utilized and about liability issues if we used the Stormwater Park before it is turned over to the City. Mr. Paternoster said he agreed with a larger site, asked if the City would restrict dogs in other parks if we have a dog park. Ms. Simchick asked the City Manager to look at the area off of Engler, where there is a parking area, to the west near the first pond of the Stormwater Park property. The City Manager said there are some acres in the Stormwater Park that can be re-examined. MOTION by Mr. Neglia and SECOND by Ms. Simchick, to approve the Schumann Park site and to include confirmation by the Natural Resources Board it is a viable site. Roll call result was as follows: Ayes: Coy, Neglia, Paternoster, Simchick Nays: Wolff Passed Mayor Coy called recess at 8:12 p.m. and reconvened the meeting at 8:27 p.m. All members were present. 12. NEW BUSINESS 07.163 A. Approval of Six Year Capital Improvements Program for FY 2008-2013 145-177 (FinanceTransmittal, Program) The City Manager said the CIP is in the same form as a previous meeting, except for the removal of funding for a community center, which has been moved to stormwater drainage projects. He said this is a guide and it can be changed with justification. 4 Regular City Council Meeting August 22, 2007 Page Five The City Attorney said by December Council will have to approve the formal capital improvement element of the comprehensive land use plan, and after formal adoption Council will not be able to move things around. James Spinelli, Cardinal Terrace, Sebastian, spoke about the petition objecting to the Indian River Drive/Main Street Improvement Project which was presented at tonight's CRA meeting, and stated reasons for the objection. Damien Gilliams, 1623 US 1, Sebastian, recommended a capital acquisition budget to buy riverfront property while prices are down, since Planning and Zoning is considering height limitations on the riverfront and taking away private property rights. He suggested moving funds for a community center to community parking in the riverfront. Mr. Wolff inquired about the proposed new clubhouse at the Golf Course, and the City Manager said this was for 2011-2012, because the facility is starting to show its age and the greens improvement debt issue would be expired in 2010, noting it is a "want" more than a "need." Mr. Wolff questioned the $800,000 t-hangar construction and the City Manager said it was mostly grant funded. Mr. Wolff asked the City Manager his feeling on acquisition, and the City Manager said land acquisition is something you should look at but you should have a goal and know where you want to go. He said there are spots on the riverfront that might be a wise investment, parking is a temporary problem, and the Indian River Drive project is not intended to fix parking, but is an ambience and flow project. Mr. Wolff asked what effect the permanency issue of capital improvement projects has on the items slated for 2012, and the City Manager said as long as Council does due diligence and shift accordingly and it is justifiable, the State would understand; and he did not see it as a huge hindrance. Mr. Wolff asked where the $568,000 reallocated from a community center to stormwater was going, and the City Manager said the number would have to be split into different drainage projects and if Council did not opt for drainage projects it might be shifted to land acquisition. Mr. Neglia said the only time he sees a problem with parking on the riverfront is when trucks park on Indian River Drive during restaurant fishing tournaments, and inquired about CR 512 improvements which the City Manager said is funded with an MPO grant. Mr. Paternoster asked about using recreation impact fees to put in sprinklers instead of CRA money, and the City Manager said CRA money could be used. 5 Regular City Council Meeting August 22, 2007 Page Six Mr. Paternoster asked how much was originally allocated for the Schumann/Barber realignment project and if the realignment was part of the intersection project. The City Manager said only the intersection improvement part which he outlined in a recent update memo, adding the allocation is needed if the County wants to split the cost. Mr. Paternoster asked if the construction of the perimeter road at the airport will also be on shared basis. The City Manager said grant money would be sought. The Airport Director said it was funded in 2003 with a City match and taxiway C may not be constructed because it may be overkill for the size of the airport. Mr. Paternoster asked if the 2010-2011 corporate hangars would receive grant money. The Airport Director said it is also a 80-20 match but might be funding entirely by the City. In response to Ms. Simchick, the City Attorney said the annual capital improvement element approval is outside of the two amendments allowed per year by DCA and Council would need to justify any changes to your capital improvement element. Ms. Simchick asked if the turning lane from Barber into Schumann vs. Schumann from Barber to CR510 were the same project. The City Manager said there were two separate projects originally: eliminating the bend and improving the intersection. Ms. Simchick said the improvements on Schumann from Barber to CR510 should be a County project. Ms. Simchick said she had complaints on the clubhouse and asked how old the clubhouse is, to which the charter officers replied they believed it was built in the early 80's and there may have been one expansion. Ms. Simchick said if Council decided to get aggressive with land acquisition, could grants or debt formula be sought, to which the City Manager replied yes. She pointed out that if the City bought riverfront land it would be removed from the tax rolls and be a double-edged sword. Ms. Simchick clarified that the speaker who submitted the petition at the CRA meeting was opposed to the current engineering design not the project and invited the public to assist with the design of the planned improvements at Riverview Park. Mr. Wolff asked about the dog park included in the new Barber and Acorn Park and the City Manager said that was an error which should have been omitted. MOTION by Ms .Simchick and SECOND by Mr. Neglia, to approve the six year Capital Improvement Program. Roll call result was as follows: Ayes: Neglia, Paternoster, Simchick, Coy Nays: Wolff 6 Regular City Council Meeting August 22, 2007 Page Seven Passed 4-1 07.164 B. Charter Officer Contract Amendments (City Attorney Transmittal, Amendments 179-185 i. Rich Stringer, City Attorney The City Attorney briefly explained the proposed amendments. Damien Gilliams, 1623 US 1, Sebastian, asked if this would be the time for him to speak in reference to the City Attorney's job performance. Mayor Coy said this item was to amend the charter officer evaluation process. Mr. Gilliams said he tried to meet with the Mayor about the evaluations, but she told him he could only speak to her in public so this is his only opportunity. Mayor Coy asked if he wanted to read the City Attorney's evaluation and told him to go ahead and embarrass himself. Mr. Gilliams began to read his evaluation of the City Attorney. Ms. Simchick called a point of order and said the item is about procedures, and there is time under public input or at the annual review to discuss Mr. Gilliams' displeasure with someone's performance. Mr. Gilliams said he had tried to do this but is not allowed to speak by the Mayor, and could not address it until the end of the retreat. Mayor Coy told him to read it now and get it off his chest. Mr. Gilliams read his evaluation of Mr. Stringer and referenced the Attorney General's opinion that clambake records should be kept at City Hall. Mayor Coy asked if he was charging criminal activity and asked him to sit down. MOTION by Mr. Neglia and SECOND by Mr. Wolff, to approve the 2"d amendment to the agreement with Rich Stringer. Mr. Paternoster questioned paragraph 2 and the City Attorney explained the reason for changing from exempt to regular full-time employees is that exempt increases are approved by the City Manager and the City Manager would in essence be creating his own COLA and because CWA employees' COLA are approved by Council, Council would be approving the Charter officer COLA. The City Attorney explained what a "generalized" increase means. 7 Regular City Council Meeting August 22, 2007 Page Eight Roll call result was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed Sally Maio, City Clerk The City Clerk asked the Mr. be changed to Ms. in the amendment. MOTION by Mr. Paternoster and SECOND by Mr. Neglia, to approve the amendment to the agreement with Sally Maio. Roll call result was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed iii. AI Minner, City Manager MOTION by Ms. Simchick and SECOND by Mr. Neglia, to approve to approve the amendment to the agreement with AI Minner. Roll call result was as follows: Ayes: Wolff, Coy, Neglia, Paternoster, Simchick Nays: None Passed 07.164 C. Resolution No. R-07-31 -Charter Officer Evaluation Procedures (City Attorney 187-190 Transmittal, R-07-31) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PROCEDURES FOR CHARTER OFFICER EVALUATIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR EFFECTIVE DATE. MOTION by Mr. Neglia and SECOND by Ms. Simchick, to approve Resolution No. R- 07-31. Roll call result was as follows: Ayes:, Coy, Neglia, Paternoster, Simchick, Wolff Nays: None Passed 8 Regular City Council Meeting August 22, 2007 Page Nine 07.072 D. Resolution No. R-07-32 -Council Meeting Procedures (City Clerk Transmittal, 191-198 R-07-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-07-18; ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Damien Gilliams, 1623 US 1, Sebastian, said there is a sign in the back of the Chambers prohibiting signs and t-shirts and that the City should take down the sign because it violates constitutional rights, citing a case that was won. Ms. Simchick called for a point of order and reminded Mr. Gilliams of the offensive sign displayed during the Paradise Marina site plan consideration and when he recently pulled a funny hat out of a bag. She said rules are needed for safety and respect. The City Attorney cited a City of Cocoa Beach case that went through federal court. Mr. Paternoster read from "certain remarks prohibited," and said he hoped applauding during presentation of an award was allowed, recommended the second offense should be a second warning rather than asking them to be seated, and recommended changing the reference to the Roberts Rules of Order to be the most recent edition. Mr. Wolff concurred with Mr. Paternoster about the second warning. MOTION by Mr. Neglia and SECOND by Ms. Simchick, to approve R-07-32 with an amendment that the most current edition of Roberts Rules is cited. Roll call result was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed Mayor Coy called recess at 9:48 p.m. and reconvened the meeting at 9:59 p.m. All members were present. 07.157 E. Sebastian Fine Arts and Music Festival Agreement (City Manager Transmittal, 199-203 Agreement) Damien Gilliams said there are some modifications in order, it should be a one-year agreement, there should be a limit on what City personnel are utilized, and there is no need to close the road. He said by closing the road traffic is driven away from businesses, most of vendors at festival are out-of-towners, said he thinks the Art 9 Regular City Council Meeting August 22, 2007 Page Ten Festival is good for the community but the City should be reimbursed for staff and advertising. Joseph Dunaway, said it is time to have a model for events like this, Council may be approached by many for small festivals like this, these events are destinations, and in fairness if the City is willing to put up money without being repaid, anyone else should be able to do it. Todd Klitenic, Barber Street, Sebastian, urged Council to support and fund a real Earth Day festival. Ms. Simchick said she thought it was a good concept, contracts are an issue, and maybe it should only be a one year contract, suggested a percentage of funds returned to the City and it should be a standard contract. Mr. Wolff said when Council visited this at the last meeting he was hoping a model for all of the events would come back; was disappointed with this and understood the time constraint; said some people said this was not a service organization, he didn't want to see it as an individual's event; would like to the see festival get off the ground. He said some dynamics need to be changed but it appears to be a good start and he recommended a shorter time frame for submitting a financial statement rather than at the end of their fiscal year. Mayor Coy said she had spoken to Ms. Monier today, and she said it was her intent to provide a local scholarship and funds for Sebastian Art in Public Places within the CRA District. She said the previous Council did say a standard contract should be devised and this Council should do that when time allows. She said she would go along with the one year if Council is going to look at a model agreement. Mr. Neglia said he would like to see all alcohol prohibited in the parks in the future. Mr. Paternoster agreed that it should be a one year contract. The City Attorney said he provided an opinion regarding Mr. Paternoster's question of the lobbying and revolving door restrictions (see opinion attached) and reiterated his opinion that if a booth is offered to others under the same terms, there is no special compensation. He said he doesn't think the City would have any problem, and if there is a problem, the City is the victim. MOTION by Mr. Paternoster and SECOND by Mr. Neglia, to approve the joint project agreement for one year. Roll call result was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed 10 Regular City Council Meeting August 22, 2007 Page Eleven MOTION by Mr. Paternoster and SECOND by Mr. Neglia to extend the meeting. Voice Vote 5-0. Passed 07.087 F. Resolution No. R-07-39 -Airport R' ~~i„~ Layout Plan Grant (Airport Transmittal, R-07-39, Draft Agreement, Application, Recommendation) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING CITY MANAGER TO EXECUTE GRANT AGREEMENT WITH FEDERAL AVIATION ADMINISTRATION FOR AIRPORT LAYOUT PLAN UPDATE; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. The Airport Director said he had lobbied for the J & S Aviation litigation settlement, has read Mr. Stringer's pleadings, said he did an exemplary job and the City owes him a debt of gratitude. He then recommended approval of the grant. Mr. Gilliams addressed the settled litigation and Mayor Coy warned him to stay on the grant, and Mr. Gilliams replied it was okay for the Airport Manager to address the litigation, and Mayor Coy gave him his first warning. Mr. Wolff asked the Airport Director how the cost substantially came down, and the Airport Director explained this is supposed to be a substitute for a master plan update and he worked with the City's consultant to get the "bare bones" needed to satisfy the FAA and FDOT until the master plan is revised in 2012. Mr. Paternoster said there have been issues in the community with noise and asked if the FAA might withhold the grant because of the complaints. The Airport Director replied the update will mostly address mapping and economic development of the west side of the Airport near the administration building. Ms. Simchick said the Airport Director coordinated the effort of reviewing impacting endangered species. MOTION by Mr. Paternoster and SECOND by Mr. Neglia, to approve the airport layout plan as submitted. Roll call result was as follows: Ayes: Wolff, Coy, Neglia, Paternoster, Simchick Nays: None Passed MOTION by Ms. Simchick and SECOND by Mr. Neglia, to award the airport layout plan contract to the LPA Group, Inc. Mr. Wolff inquired as to the time frame for commencement and completion. The Airport Director said six months but the LPA Group said it could be done in four, which would be January. 11 Regular City Council Meeting August 22, 2007 Page Twelve Roll call result was as follows: Ayes: Wolff, Coy, Neglia, Paternoster, Simchick Nays: None Passed 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda -speakers are asked to try to limit input to five minutes Trish Adams, River Oak Drive, Sebastian, said she had received reports from Sebastian Inlet State Park attributing sky glow to sea turtle disorientation and asked that staff consider this while working on the Park lights. In response to Mr. Wolff, Ms. Adams said the Florida Fish and Wildlife Conservation can measure the light and clarified that the sky glow is just over the dunes which would not be measurable. Mr. Wolff asked if the Natural Resources Board had looked at the lights for Riverview Park. The City Manager said he would have to get back to Council on that. Damien Gilliams, referred to a document he had provided to Council (see attached) for a Family Fun and Food Fest. He asked for a consensus of Council to approve this concept to be held in January right after the Art Festival to benefit the community. Ms. Simchick asked who is "we" that he referred to in the presentation and Mr. Gilliams responded it would be anon-profit organization chaired by prominent business and church leaders and staffed by organizations. Mayor Coy said his five minute time limit was up. 14. CITY MANAGER MATTERS 07.029 A. Collier Creek Update (City Manager Transmittal, City Engineer Report, Moulton 233-263 Memo, Nichols/Zhao Memo, Webster Letter) The City Manager said he had received previous approval to move forward on the Collier Canal and was asking whether anyone wanted to discuss this at a special meeting or move forward as previously approved. Mayor Coy said unless the City Manager hears from a member of Council by the next council meeting the project is to continue as previously directed. 15. CITY ATTORNEY MATTERS 16. CITY CLERK MATTERS 12 Regular City Council Meeting August 22, 2007 Page Thirteen 17. CITY COUNCIL MATTERS 18. Due to the hour, the Regular Meeting adjourned at 11:03 p.m. Approved a~t the September 12, 2007 Regular City Council meeting. Andrea Coy, Mayor ATTE~7y i ~, ~ ~ /i Sally A. Maio, C -City Clerk 13 QTY OF 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 To: Mayor and Co From: Rich Stringe Re: "Revolving-door" legislation Date: August 22, 2007 TELEPHONE (772) 388-8201 FAX (772) 589-5570 I have been asked to render an opinion on the implications of the collective statutory provisions commonly termed the "revolving-door" restrictions on the City's consideration of the proposed agreement with the Sebastian Riverfront Fine Art and Music Festival. The point of concern centers on the fact that the President of the organization, Lisanne Monier, presented the proposed agreement to Council and she was a member of City Council until March 2006. Some of these provisions, such as the "Sunshine Amendment" to the state Constitution and F.S. 11.045 apply exclusively to former members of the state legislature. However, two provisions within F.S. 112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys, come into play with municipal actors: (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 governing body 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 person 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 purposes of collective bargaining. Nothing in this section may be construed to prohibit such ordinance or resolution. (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. H+C~A/~E ~F PELICAN ISLA~'JD (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 support staff. (d) The "government body or agency" of an elected special district officer is the special district. (e) The "government body or agency" of an elected school district officer is the school district. While the first subsection has been raised as a concern, is not applicable to the current situation for two reasons. First, the city has not passed an ordinance regulating former officers and employees as authorized therein. Secondly, the ordinance authorized by subsection (13) only affects appointed officials, such as our Planning and Zoning Commissioners, not elected officials. Subsection (14) governs the post-office holding actions of an elected municipal official like Ms. Monier. It is clear that Ms. Monier "was an officer" of the City Council, and there has not yet been "a period of 2 years after vacating that office". Based upon the interpretations of the Commission on Ethics, it is reasonably certain that her appearance before City Council would be construed as having "personally represent another person or entity" before the City Council. The remaining question is whether she undertook such representation "for compensation". The situation as I understand it, is factually very similar to that described in CEO 83-16, which is enclosed. While the question presented therein was whether it would be considered "compensation" if the former official had "out-of-pocket travel, food, lodging or similar expenses" reimbursed by the non-profit corporation he headed, in this case the question involves whether selling art work from a booth at the subject festival would constitute Lobbying activities "for compensation". In making this determination, it is important to examine the purpose of the "revolving-door" restrictions, as discussed by the Commission on Ethics in the landmark decision reversing previous decisions applying the prohibitions on lobbying to former legislators who had taken positions in the Executive Branch of the State government that required appearances before the legislature: "We previously have stated that the prohibition of Article II, Section 8(e) establishes the principle that one's public service career and contacts developed in that capacity should not be used to enrich oneself at the expense of the public, that the provision was intended to prevent influence peddling and the use of public office to create opportunities for personal profit through lobbying once an official leaves office, and that, in the context of the Legislature, the provision seeks to preserve the integrity of the legislative process by ensuring that decisions of members of the Legislature will not be made out of regard for possible employment as lobbyists. In our view, these are "the objective to be accomplished and the evils to be remedied" by Article II, Section 8(e). In our view, also, these objectives can be met without precluding further public service by former members of the Legislature." CEO 00-7 -- March 17, 2000. Thus, the perceived "ills" which the restrictions combat are "influence peddling and the use of public office to create opportunities for personal profit". Discussions throughout various Commission on Ethics opinions address the concern that official actions will be taken with an eye towards currying favor with potential future employers, or that the promise of future employment might sway votes of the official. Standing in contrast to the concerns addressed by these "revolving-door" restrictions is a consistent public policy which allows officials to function as normal citizens in situations where there is equal opportunity to both public officials and everyday citizens. Examples of this policy are seen numerous areas: 1. In the exemptions from restrictions against doing business with one's own agency when there is open and competitive bidding, and 2. In rulings that misuse of office charges will not apply where the information utilized by a public official to generate personal gain was generally available to the public. There are also public policy considerations that favor activities by public officials on behalf of non-profit organizations. Examples of this policy are seen numerous areas: 1. In the exemptions from restrictions against doing business with one's own agency when a charitable employer receives funding from the agency, so long as the officer's compensation is not based upon the funding and he did not vote on the matter, and 2. Exceptions from voting conflict laws for officials sitting on the board of directors for a nonprofit organization. Examining the compensation issue in light of these public policy considerations, it is my opinion that the sale of art at a booth in the festival, if such booths are available to artists generally, would not constitute compensation to Ms. Monier. Payment would be for her art, not for her work with the festival. I am not addressing the finer questions of what exactly would constitute compensation for lobbying versus compensation for some activities beyond the duties of corporate president, because I have received no indication that such issues exist. As a final issue, I am of the opinion that the City would not particularly be in jeopardy if Ms. Monier is found to be in violation of F.S. 112.313. Penalties are assessed against the former officer found to be in violation. Any contract entered into in violation of the restrictions can be voided by the parties to the contract, or by the Court upon an action by the Commission on Ethics, the Attorney General, or amaterially-affected citizen. CEO 83-16 -- March 10, 1983 CEO 83-16 -- March 10, 1983 SUNSHINE AMENDMENT Page 1 of 2 APPLICABILITY OF POST-OFFICEHOLDING RESTRICTION ON LOBBYING To: Mr. Wilmer H. Mitchell, Attorney, Pensacola SUIVIMARY: Article II, Section 8(e), Florida Constitution, does not prohibit a former member of the House of Representatives from receiving reimbursement for travel, lodging, food, and other expenses incurred in activities he has undertaken involving the Legislature in behalf of a nonprofit organization. Section 8(e) prohibits a former legislator from personally lobbying the Legislature for compensation within- two years after leaving office. However, reimbursement for expenses is not "compensation." CEO 80-41 is referenced. QUESTION: Does Article II, Section 8(e), Florida Constitution, prohibit a former member of the House of Representatives from receiving reimbursement for travel, lodging, food, and other expenses incurred in activities he has undertaken involving the Legislature in behalf of a nonprofit organization? Your question is answered in the negative. In your letter of inquiry and in a telephone conversation with our staff, you have advised that Mr. Tom Patterson, formerly a member of the Florida House of Representatives, presently serves as Executive Director of a newly formed association of entertainment and dining interests which has been created as a nonprofit organization. You also advised that he has not been compensated for his work in this capacity, although. it is intended that he will be compensated in the future. He will not undertake any activities in behalf of the association which might constitute lobbying before the Legislature while receiving compensation from the association, you advised. However, prior to the date of your inquiry he undertook some activities for this group which might be construed as "representing another" before the Legislature under the provisions of Article II, Section 8, Florida Constitution. He was not due or paid any salary or other compensation during the time he undertook these activities, and you advised that he will not be compensated for these activities. You question whether the association may reimburse him for out-of- pocket travel, food, lodging, or similar expenses he incurred in these activities. Article II, Section 8(e), Florida Constitution, provides in relevant part: No member of the legislature or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of two years following vacation of office... . In CEO 80-41, we advised that this provision would not prohibit a former member of the House of Representatives from serving as a legislative officer for a veterans' organization without salary but with reimbursement for travel expenses. That opinion was based upon our interpretation of the word "compensation" as not including reimbursement for expenses. Similarly, we do not find that Article II, Section 8(e) would prohibit the reimbursement for expenses which is contemplated by the association in this case. http://www.ethics.state.fl.us/opinions/83/ceo%2083%2D016.htm 8/22/2007 CEO 83-16 --March 10, 1983 Page 2 of 2 Accordingly, we find that Article II, Section 8(e), Florida Constitution, would not prohibit the subject former legislator from receiving reimbursement for expenses incurred in activities in behalf of the association which might constitute representing the association before the Legislature. http://www.ethics.state.fl.us/opinions/83/ceo%2083%2D016.htm 8/22/2007 Don't Miss The Opportunity To Enjoy This Week~Long Sample Of A Slice Of Tropical Paradise As You WHILE EXPLORING POINTS OF INTEREST AND LOCAL BUSINESSES BY FOOT, BII~, CAR OR FREE HOP-ON-AND-OFF TRAMS DURING OUR FAMILY FUN AND F4C~D FEST PLUS VIRTUAL TOURS OF AFFORDABLE SEBASTIAN HOMES DAILY FROM MONDAY THROUGH SUNDAY, JANUARY 7 -13, 2008 CENTERED AT SEBASTIAN'S RIVERVIEW PARK ----- FEATURING FANTASTIC FUN, FABULOUS FOOD AND FESTIVE FROLICKING WITH LIVE MUSIC PERFORMED NIGHTLY BY LOCAL ARTISTS FOR LISTENING, SING-ALONG AND DANCING...FOR ALL AGES!!! SPECIAL EVENTS -GAMES AND CONTESTS -PRIZES AND SURPRIZES Daily Special ,Events, Activities And Just Good OId Fashioned Family Fun In And Around The Park, Up And Down The Indian River Lagoon And All Around Town Beginning Each Day At 9:OOAM And Featuring Nightly Live Participation Type Entertainment In The Park From 6:00-10:00PM. Plus, A Spectacular Weekend Games And Contests Finale At The Park!!! • FREE INDIAN RIVER DRIVE, U.S. 1, MAIN STREET AND SEBASTIAN BOULEVARD TRAMS FROM WHICH YOU' CAN HOP-ON-AND-OFF WHEN YOU CHOOSE AT ANY OF THE FIFTY DESIGNATED STOPS. TRAMS WILL BE OPERATING FROM 8:00 AM TO 10:00 PM DAILY. • FREE AIRPORT PARIONG SHUTTLE BUSES TO/FROM RIVERVIEW PARK ON WEEKEND. • FREE TREASURE COAST TREASURE HUNT AND BUSINESS BINGO CONTEST EVERY DAY. • FREE SEBASTIAN MAPS AND "DISCOVER SEBASTIAN" -- KFAMILY FOOD AND FUN FEST" LITERATURE, INCLUDING TREASURE HUNT AND BUSINESS BINGO CONTEST SHEETS. • IT COSTS YOU NOTHING TO TAKE PART IN MOST OF THE EVENTS AND ENJOY ALL THE SIGHTS AND SOUNDS OF THIS SPECIAL WEEK-LONG FAMII.Y FUN AND FOOD FEST. • ON-SITE VENDORS AND LOCAL AREA BUSINESSES WILL BE OFFERING THEIR SPECIAL FOODS AND BEVERAGES, MERCHANDISE AND SERVICES FOR YOU TO PURCHASE AT YOUR DISCRETION AS THE SPITIT MOVES YOU. NO ONE WILL AGRESSIVELY SOLICIT YOUR INDULGENCE, BUT YOUR TASTE BUDS AND SENSES WILL SURELY BE TEMPTED. YOU WILL BE DEALING WITH LOCAL SEBA.STL~N MERCHANTS AND ORGANIZATIONS AT ALL TIMES AND THEY HAVE ALL PLEDGED TO OFFER NOTHING BUT THE BEST IN PRODUCTS AND SERVICES FOR CONSIDERATION WITH A MONEY BACK GUARANTEE. Sebastian, Florida: A Slice of Tropical Paradise That Is Sure To Excite You! Special Events: 5 Fishing Tournaments -- 3-K Wallcs -- 5-K Runs ( Three Age Groups: Youth, Adults and Seniors ) ( Cash Prizes and Trophies for Each Age Group ) Treasure Coast Treasure Hunt (Follow the Clues ) Business Bingo (Pick up Numbers around Town ) ( Numbers Drawn Nightly for Cash Prizes ) VIP Dunk Tank (You pay just for the fun of it! ) ++ Get to Know the People Who Run the City ++ Meet the Elected and Appointed City Officials Up Close and Personal in a Relaxed and Congenial Atmosphere: Mayor any City Manager, Attorney, 1 City Council Members, Clerk and Chief of Police Activities: Helicopter Rides -- Sightseeing River Cruises (Pelican Island, Sebastian Inlet State Park, More) Spoil Island Hopping Cruises with Catered Picnics Spoil Island Overnight Camping with Campfires Water Skiing -- Wind Surfing -- Para-Sailing Rental Paddle Boats, Jet Skis and Pontoon Boats ++ Open House Tours of Sebastian City Hall ++ The Boys & Girls Club, Golf Course and Airport Games and Contests: Amateur Talent Competitions (For All Categories ) (i.e., Singing, Comedy Routines, Magic Acts, etc. ) Individual, Pair and Team Races: Rickety Raft (Prize for Most Unique Raft) -- .Kayak Shell -- Relay - Tater Sack -Four (Tie Two) Legged Human Wheelbarrow -- Wheelbarrow with a Rider Stilt Walking -- Pogo Stick Hopping -- No Spill Tray Individual, Pair and Team Contests: Horseshoes -- Watermelon Eating -- Hog Calling Line, Square, Swing, Funky, Robo or Other Dancing Fish-In-A-Barrel (For Very Small Children ) Individual, Pair and Team Matches: Volleyball -- Badminton -- Tug-O-War -- Egg Toss Chess and Checkers --giant Chess and Checkers Bring Your Special Entry -Cooking Contests: Pie -- Sheet Cake -- Layer Cake -- Brownies -- Fudge ( Entries will be sliced and sold after the judging. ) Chili -- Real Chili (Meat and Spices Only ) ( Entries will be dished u~p and sold after judging. ) Other than the usual Hat Dogs, Hamburgers, Snow Cones, Cotton Candy, Popcorn, Peanuts and Sodas, Look What Else Is On The Menu ****9am to 6pm Monday through Friday Offerings -- ***6pm to 9pm Monday through Friday Offerings **All Day Saturday and Sunday Offerings - *All Day Every Day Offerings You're sure to go HOG WILD over our heaping helpings of Sliced Barbecue Pork Pulled Pork Platters Barbecued Baby Back Ribs Deep Fried Pork Chops Whole Roasted Pig Selections Tropical Pork Kabobs Sausage, Onions and Peppers Candied Yams with Pecans Southern Style Collard Greens Black Eyed Peas Fried Okra and Green Tomatoes Jalapeno Corn Bread Steaming Hot or Iced Coffee Iced Cold Bottled Water Come early and STEAK OUT your choice of mouthwatering Sizzling Cuts of Choice Beef Steamship Round of Roast Beef Home Made Pot Roast with Vegetables Sliced Corned Beef Brisket with Kraut Sassy Barbecued Beef Ribs Beef and Mushroom Kabobs Grilled Steak and Cheese Regular and Three Alarm Chili Baked Potatoes with Fixings Old Fashioned Baked Beans Fresh Garden and Caesar Salads Buttermilk Biscuits and Gravy Sun Brewed Iced Tea Iced Cold Soda And for all of you SEAFARERS you'll go overboard for the Grouper and Mahi Sandwiches Steamed Garlic Crabs Large Peel and Eat Shrimp Oysters on the Half Shell Mountains of Steamed Mussels Clams Galore in Every Form Grilled Shrimp Kabobs Sensational Seafood Paella Monster Potato Wedges Roasted Corn-on-the-Cob Creamy Cole Slaw Corn Fritters and Hush Puppies Refreshing Smoothies Iced Cold Beer It'll be easy pickings for CITRUS lovers to get their fill of delights like Refreshing Grapefruit, Orange and Tangerine Salad Selections Cold Citrus Based Soup Special Citrus Desserts Unique Citrus Flavored Sorbet, Ice Cream and Soft Serve Fresh Valencia Oranges Fresh Navel Oranges Fresh Honeybell Oranges Fresh Pink or White Grapefruit Fresh Squeezed Citrus Juices Citrus Flavored Bottled Water Fresh Made Lemonade and Limeade A variety of other specialty foods, beverages and goodies will be available from vendors. Eat on site or take it with you. You can get anything we serve to go. Just ask for some: PIG IN A POKE or BEEF IN A BROWN BAG or SEAFOOD IN A SACK or CITRUS IN A SACK as well ... or whatever else strikes your fancy!