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09262007
~~ ~~~~~_ HOME OF PELICAN ISLAN© SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 26, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -time limit five minutes where public input allowed 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER PATERNOSTER 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. PROCLAMATIONS, PRESENTATIONS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 07.171 A. Proclamations -Richard Campbell, Jr. and Joseph Stone, Jr. for Attaining the 1-3 Rank of Eagle Scout 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. 5-10 A. Approval of Minutes - 9/10/07 Special Meeting 11-24 B. Approval of Minutes - 9/12/07 Regular Meeting 25-2s C. Approval of Minutes - 9/19/07 Special Meeting 9. COMMITTEE REPORTS 8< APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 07.105 07.140 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS A. Council Selection of ISBA Representative (no backup) 12. NEW BUSINESS A. Ruth Meyers -Affordable Housing Coalition (no backup) 13. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Mayor Coy B. Mr. Neglia C. Mr. Paternoster D. Ms. Simchick E. Mr. Wolff 18. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on Camcast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL lS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS /N ADVANCE OF THIS MEETING. Upcoming meetings: October 3, 2007 -Workshop -Collier Creek 6 pm October 10, 2007 -Regular Meeting 7 pm October 17, 2007 -Workshop 6 pm -Vision -Long and Short Term Goals -Economic Development October 24, 2007 -Regular Meeting 7 pm November 14, 2007 -Regular Meeting 7 pm November 28, 2007 -Regular Meeting 7 pm December 12, 2007 -Regular Meeting 7 pm 2 UIY OF r ~~~ ~y--' ~-~ fiC?IVIE C3F PFAt~i ISb~IfA eroclamatioh WHEREAS, the Boy Scouts of America prepares a boy to grow into manhood by developing his abilities, teaching him responsibility and emphasizing his willingness to serve people, his community and his country; and WHEREAS, the rank of Eagle Scout is the highest possible rank attainable by a Boy Scout before he reaches his 18t" Birthday; and WHEREAS, the fact that a boy is an Eagle Scout has always carried with it a special significance, not only in Scouting but also as he enters higher education, business or industry, and community service. To earn the Eagle Scout rank, a Boy Scout must fulfill requirements in the areas of leadership, service, and outdoor skills and enormous energy, a strong desire and countless hours are devoted by the individual Scout in developing these skills and completing all of the requirements to attain the rank of Eagle Scout. Only about 5 percent of all Boy Scouts earns the Eagle Scout rank; and WHEREAS, it is traditional, in the spirit of scouting, to bestow specia! recognition and honor upon the individual Scout, who through perseverance and determination ultimately reaches his goal in becoming an Eagle Scout. NOW THEREFORE I, Andrea B. Coy, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, and on behalf of the City of Sebastian, do hereby commend and congratulate RICHARD CAMPBELL, JR., Boy Scout Troop 598, for his outstanding accomplishment in earning the rank of Eagle Scout in 2007. It is my honor and privilege to recognize him as an outstanding Scout and citizen of his community. May Richard continue to pursue higher goals and embody the character he has exhibited by this achievement throughout his life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 26t" day of September 2007. ~~~~; . ~ ~ _/ JUIYOFY ~,~1 .7 , ~~ S~BASTjA ~. ~- Andrea B. Coy, Mayor ~s~ `~-. ~~, FLORIDA ~~1 ~- I C[!Y Of fiS3li~ ~ PFAi~Rfd1 ISIIANl® Qroclamatioh WHEREAS, the Boy Scouts of America prepares a boy to grow into manhood by developing his abilities, teaching him responsibility and emphasizing his willingness to serve people, his community and his country; and WHEREAS, the rank of Eagle Scout is the highest possible rank attainable by a Boy Scout before he reaches his 18t" Birthday; and WHEREAS, the fact that a boy is an Eagle Scout has always carried with it a special significance, not only in Scouting but also as he enters higher education, business or industry, and community service. To earn the Eagle Scout rank, a Boy Scout must fulfill requirements in the areas of leadership, service, and outdoor skills and enormous energy, a strong desire and countless hours are devoted by the individual Scout in developing these skills and completing all of the requirements to attain the rank of Eagle Scout. Only about 5 percent of all Boy Scouts earns the Eagle Scout rank; and WHEREAS, it is traditional, in the spirit of scouting, to bestow special recognition and honor upon the individual Scout, who through perseverance and determination ultimately reaches his goal in becoming an Eagle Scout. NOW THEREFORE I, Andrea B. Coy, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, and on behalf of the City of Sebastian, do hereby commend and congratulate JOSEPH STONE, JR., Boy Scout Troop 598, for his outstanding accomplishment in earning the rank of Eagle Scout in 2007. It is my honor and privilege to recognize him as an outstanding Scout and citizen of his community. May Joseph continue to pursue higher goals and embody the character he has exhibited by this achievement throughout his life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 26t" day of September 2007. ~ _; . ,. ~~SEBASTI ~ ndrea B. Coy, Mayor ~~ ~' ~ FLORIDA , , ~, '1 I' arroF ~~ r- ~- ti~z HOME OF PELICAN. ISLAND SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING -BUDGET HEARING MONDAY, SEPTEMBER 10, 2007 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. 2. Mayor Coy called the Special Meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Airport Director, Joe Griffin Finance Director, Shai Francis Chief of Police, Jim Davis Police Lieutenant, Michelle Morris MIS Systems Analyst, Barry Siepmann oRPFt 4. CITY MANAGER UPDATE The City Manager gave a brief power point presentation (see attached), and reported that the budget is now balanced. He stated the super homestead exemption referendum will take place on January 29, 2008 and if it passes it would provide up to a 75% homestead exemption and could mean a $ 1 million reduction for FY 2009 revenues. He noted the City of Sebastian ad valorem tax represents just over 17% of a property owner's overall tax bill. He cited early retirement savings of $302,000, elimination of the fourth cut for Conlon resulting in a $100,000 contingency addition for a total of $225,000 non-departmental contingency fund, which he recommended should remain there. He said one thing that may affect the contingency fund is dealing with the shortage in personnel, and though optimistic that the plan in place should work, there could be a need to use a small portion of the contingency. He discussed the additional police officer issue and recommended not adding at this time, but if it is Council's wish to increase the police force, they may want to look at using the $100,000, but again cautioning to leave the workforce as it is in the face of the possibility of budget cuts for FY 09. 0 Special City Council Meeting September 10, 2007 Page Two 5. 1ST PUBLIC HEARING AND ADOPTION OF PROPOSED MILEAGE AND TENTATIVE FY 2007/2008 BUDGET A. City Manager Announcement of Proposed Millage Rate of 3.0519 Mills Which is 4.99% Less than Rolled-Back Rate of 3.2121 Mills ®~ ~~ The City Manager announced the proposed millage rate of 3.0519 mills. '"" B. Mayor Opens Public Hearing on Proposed Millage and Tentative Budget Mayor Coy opened the public hearing at 6:16 p.m. Damien Gilliams, 1623 US 1, said these are trying times, asked about City Council budget increase for travel and cell phones and suggested sending one member for travel who then reports back. He commended the Clerk for budget reductions, however, the Clerk noted the decrease is due to no election expense in the budget this fiscal year which will be back in for FY 2009. Mr. Gilliams asked why property valuations decreased in the CRA district and if we are investing our money properly in the district so the property values increase. In response to Mr. Gilliams, the City Manager responded that the City has only annexed approximately 700 acres in the last ten years, therefore that property should have no real effect on overall numbers. He said in his opinion, the services provided to new annexed areas do not exceed taxes taken in for them. Ed Herlihy, Seagrass Avenue, said he realizes the super homestead exemption may have an effect on the possibility of hiring four additional police officers as he previously recommended, and urged the Council to educate the public on the exemption issue and also to develop a plan to add the four police officers this year, suggesting that the positions be phased in over the budget year starting in February following the referendum in January, and if it passes and budget cuts are necessary, they could freeze the program. C. Amend Tentative Budget as Council Sees Fit, Recompute Proposed Millage If Necessary and Publicly Announce the Percent, If Any, by Which Recomputed Proposed Millage Exceeds Rolled-Back Rate (Any Recomputed Millage Can Only Be Decreased and Will Not Exceed Rolled-Back Rate) Mr. Neglia asked the City Manager if they could try to hire officers as suggested by Mr. Herlihy, and the City Manager responded they could but that they will be taking away from the contingency. Mr. Neglia said he would be in favor of waiting until after January and perhaps we could hire one additional officer. Mr. Neglia asked, if the Clambake does not go forward, where would special events expense funds go. The City Manager said the transfer of funds from CRA funds to general funds for the Clambake will not occur. 0 2 DRAFT Special City Council Meeting September 10, 2007 Page Three Mr. Paternoster asked if we hired officers this way last year and the City Manager said we budgeted for two and one-half positions, started to hire, then lost some positions, and when we saw the budget reductions, we did not continue. In response to Mr. Paternoster, Chief Davis said the City is currently 27 officers below the State average of about 3 officers per 1000 population. The City Manager said he will not recommend additional officers because it is a financial risk at this time. Mr. Paternoster discussed the uncertainties of the super homestead exemption and the options that would be provided to individual property owners. Mr. Paternoster said if you ask business owners, it is said that Sebastian makes you go through hoops if you want to go into business, and hoped the process can be streamlined quickly because the more business we have the more revenue there will be. In response to Mr. Paternoster, the City Manager said Code Enforcement will be down to one officer this week but we are advertising for another and two positions is what we can afford. Mr. Paternoster asked about deu: financing for the Main Street/Indian River Drive Improvement project. The City Manage. said as of last Thursday a Supreme Court judge decided that agencies can no longer bond using tax increment funding without going to referendum, and since it has been the City's intention to do use this method, other methods will have to be researched and he will bring back a new recommendation. Mr. Paternoster said there were previously 11 staff in the Building Department and now it is down to six and the City Manager said this is a result of early retirement and reduction in workforce. The City Manager said there is approximately $100,000 in contingency tQ work with and Council could bring in four officers in stages with that money if the referendum failed, but cautioned waiting until after January 29, 2008. Ms. Simchick thanked the City Manager and the staff who took early retirement. She said that other cities operate under the levels of police officers per 1000 and it varies from 2 to 3, that she would not want to make promises with that contingency money but put it on a tickler file and make it an agenda item after the January referendum. She said the Budget Committee did a wonderful job. Mr. Wolff asked how many staff were offered the buyout plan and the City Manager said nine were offered and 6.5 accepted and when we last met four had not yet accepted. He asked why the City Manager thinks now that he may need money in reserve if staff may fall behind, and the City Manager said that is because of grumbling he has heard, and that his office has taken a hard line approach. Mr. Wolff asked how one measures that staff is overworked and we need to hire more people, and the City Manager said from the intensity of complaints he receives from department heads, affect on morale, what goes undone, that it may be grumbling based on change but it may be determined that he was overly aggressive and will be a wait and see type of thing. 3 Special City Council Meeting September 10, 2007 Page Four pRpFi In response to Mr. Wolff, the City Manager said the budget is set to eliminate the fourth Conlon cut which provides the $100,000 contingency. Mr. Wolff asked if the fourth cut savings was to cover the expense of maintaining the twin ditches, and the City Manager said he had to get back to Conlon and it would depend on where we're at financially going down the road. Mr. Wolff asked what the contingency would typically be set aside for and the City Manager said for example the A/C in the police department evidence room quits, which costs $20,000 or a mower breaks down and we would go through it if something catastrophic comes along. Mr. Wolff said setting the special homestead aside, looking at the economy and outside of raising taxes, asked how else he would increase personnel and the City Manager you couldn't increase personnel without raising taxes. He said that 1 mill equates to about $1 million dollars. Mr. Wolff congratuled Mr. Minner and his staff for this budget. Mayor Coy also congratulated staff and wished we could add even one more positicr, and when we decided to stay with this millage, it eliminated any new nu;~er positions. She agreed with the tickler following the referendum. She'saic~ ~~ money will not fund our police officers, and asked if we could have a CRA. nfiicer. Mayor Coy said Palm Bay was crying the ~;ues about cuts at the FLC conference and are having to make large cuts like f?; a stations, stating she was pleased with our budget, and would hate to hire an offi~zr this year and then tell them nexf year they do not have a job. She said she is ~'~uud of her City, for three years we have lowered taxes for property owners except for those whose property assessments went up, but most properties decreased. She thanked those who took early retirement. The City Attorney cautioned if a push comes to hire a CRA officer, there are a lot of hoops that you m~~;i jump through, including proving the district is a high crime area. Mr. Paternoster said he would like to see if we can hire officers as outlined out by the Citv ivlanager. The City Manager said he can come back with a report in February. MOTION by Mr. Paternoster to amend the budget to include the possibility of incorporating four additional police officers as outlined by Mr. Minner when he brings the information back. Mr. Neglia seconded the motion. Ms. Simchick said she could not go with four officers and would agree with a consensus to put this in a tickler file. Mr. Wolff said ~e doesn't have enough details in front of him tc discuss four more police officers and it would require a separate meeting and a lot more information to determine what it all means. He said we have gotten people to take early retirement, were not cutting any additional positions and now we are talking about adding four additional police officers, but is not opposed to looking at it at a later time. Mayor Coy asked if we approved this now it would put the budget unbalanced. The City Manager said he did not think it would put it unbalanced, and the motion didn't have a specific fund. g 4 Special City Council Meeting September 10, 2007 Page Four DRAFT In response to Mr. Wolff, the City Manager said the budget is set to eliminate the fourth Conlon cut which provides the $100,000 contingency. Mr. Wolff asked if the fourth cut savings was to cover the expense of maintaining the twin ditches, and the City Manager said he had to get back to Conlon and it would depend on where we're at financially going down the road. Mr. Wolff asked what the contingency would typically be set aside fur and the City Manager said for example the A/C in the police department evidence room quits, avhich costs $20,000 or a mower breaks down and we would go through it if something catasi~~phic comes along. Mr. Wolff said setting the special homestead aside, looking at the economy and outside of raising taxes, asked how else he would increase personnel and the G~ty Manager you couldn't increase personnel without raising taxes. He said that 1 mill equates to about $1 million dollars. Mr. Wolff congratuled Mr. Minner and his staff for this budget. Mayor Coy also congratulated staff and wished we could add even one more position, and when we decided to stay with this millage, it eliminated any new officer positions. She agreed with the tickler following the referendum. She said CRA money will not fund our police officers, and asked if we could have a CRA officer. Mayor Coy said Palm Bay was crying the blues about cuts at the FLC conference and are having to make large cuts like fire stations, stating she was pleased with our budget, and would hate to hire a~ ~ ~fficer this year and then tell them next year they do not have a job. She said she is proud of he. City, for three years we have lowered taxes for property owners except for those whose property assessments went up, but most properties decreased. She thanked those wh.^ took early retirement. The City Attorney cautioned if a push comes to hire a CRi~ officer, there are a lot of hoops that you must jump through, including proving the district is a high crime area. Mr. Paternoster said he would like to see if we can hire officers as outlined out by the City Manager. The City Manager said he can come back with a report in February. MOTION by Mr. Paternoster to amend the budget to include the possibility of incorpor2ting four additional police officers as outlined by Mr. Minner when he brings the information back. Mr. Neglia seconded the motion. Ms. Simchick said she could not go with four officers and would agree with a consensus to put this in a tickler file. Mr. Wolff said he doesn't have enough details in front of him to discuss four more police officers and it would require a separate meeting and a lot more information to determine what it all means. He said we have gotten people to take early retirement, were not cutting any additional positions and now we are talking about adding four additional police officers, but is not opposed to looking at it at a later time. Mayor Coy asked if we approved this now it would put the budget unbalanced. The City Manager said he did. not think it would put it unbalanced, and the motion didn't have a specific fund. 4 Special City Council Meeting September 10, 2007 Page Five DRAFT The City Manager suggested a motion that Council a that the City Manager bring back a report in February ega ding the potential of ha it ng to additional police officers." Mr. Paternoster rescinded his motion and Mr. Neglia agreed. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to amend the budget to reflect that come February Mr. Minner comes back with the a when and how many police officers we can hire after the r?priat~ numbers to see if and ~erendum. Mayor Coy clarified one to four officers. Mr. Neglia said the City must be prepared for the super homestead exemption if it goes through. He said he has seen other cities cutting insurance for its personnel and its dependents. The City Clerk requested clarification that Council is not actually amending the budget because this is what the motion states, but is actually only giving direction to the Cit Manager. y The City Attorney said the motion on the budget will be made under Resolution No. R-07-35, and explained if Council was actually goin to c would at this time, have to amend the budget, recaSgulate the millageha dl a fate theet it proposed millage. He said in essence what Council will be doing is they are going to put an amendment into the resolution, sect~~n 3.E. that "the City Manager is directed to bring back an analysis for adding polio officers after February 1, 2008", so really at this point you haven't amended the b~,;aget so we don't need to make that amendment until two items down on the aaP~da. Mayor Coy sa;d we need to get consensus on this and called for a roll call The City Clerk again asked the City Attorney since motions are verbatim in the minutes are we voting on the motion on the floor made by Mr. Paternoster. The City Attorney said the motion should be "to accept the tentative budget for milla e calculations", and with Mr. Paternoster's indulgence the change will be added during action on Resolution No. R-07-35. Roll call on the motion carried 5-0. D• Adopt RESOLUTION NO. R-07-34 - Director Transmittal R-07-34 DR420~ I~ 5 arv o~ I ~! H(7ME OF PELICAN ISIAND' SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 12, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Coy called the regular meeting to order at 7:00 p.m. ~`~ ~A 2. Vice Ma or Ne lia led the Pled a of Alle lance. Y 9 9 9 3. A moment of silence was held. 4. Vice Mayor Neglia 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. 5. ROLL CALL + City Council Present: Staff Present in Chambers: Mayor Andrea Coy Airport Director, Joe Griffin Vice Mayor Sal Neglia Finance Director, Shai Francis Council Member AI Paternoster Human Resources Director, Debra Krueger Council Member Dale Simchick Police Chief, Jim Davis Council Member Eugene Wolff Police Lieutenant, Bob Lockhart Police Officer, Steve Marcinik Staff Present at Dais: MIS Systems Analyst, Barry Siepmann City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams I~ ~~ ~~ Regular City Council Meeting September .12, 2007 Page Two 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. None. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proGamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 07.166 A. Presentation by FBI Supervisory Special Agent Mike Degnan, Ft Pierce Field Office to Officer Steve Marcinik for His Work on the Citrus Bank Robbery in 2006 ~p~cial Agent Degnan thanked the Mayor and Council for allowing him to make the presentaton, commended Chief Davis for his professionalism, the manner in which he operates his department, his cooperation with other agencies, and his support for counterterrorism efforts. He then read a letter from the District FBI Director commending Officer Steve Marcinik for his investigation and assistance in the resolution of the Citrus bank robbery in 2006 and presented him with a Certificate of Appreciation from the FBI. 07.070 B. Certificate of Appreciation to John Oakes for Citizens Budget Review Advisory Committee Service Mr. Oakes was not present and Mayor Coy read Mr. Oakes's a-mail and congratulated him. 07.003 C. Employee of the Quarter -Ernest "Bucky" Gerber -Public Works Mayor Coy read and presented a plaque and bond to Bucky Gerber after reading a bio listing his accomplishments for the City including the Yacht Club reriovation. Bucky thanked the staff who worked for him and made him look good. Announcements Mayor Coy advised that the American Legion has requested Council's participation in their Veterans Day program. Mr. Paternoster announced the resumption of his public forum on September 25, 2007 beginning at 6 pm. He said Commissioner Flescher may not be able to attend this forum but would try to make it. IZ 2 Regular City Council Meeting September 12, 2007 Page Three DRAFT 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. 1-13 A. Approval of Minutes - 8/22/07 Regular Meeting 15-1s B. Approval of Minutes - 8/29/07 Special Meeting 07.166 C. Award Bid and Approve Contract with H. L. Pruitt Corporation for PAPI System 17-126 with FDOT Grant in the Amount of $218,750 (Airport Transmittal, Two Bids, Contract, (Contract Technical Specs and Bond available in Lasenrche on the City's website and in City Clerk's office], Installation Info) Mr. Paternoster removed item C. MOTION by Mr. Neglia and-SECOND by Ms. Simchick to approve items A and B. Voice vote on the motion carried 5-0. Item C Mr. Paternoster asked the Airport Director to further explain this item for the public. In response to inquiries from Council the Airport Director said the light system is three-signal tier system which will bring the planes in at the right altitude and the Pruitt Corporation has been in business longer than the unsuccessful bidder and is highly recommended. Damien Gilliams thanked Council for seeking more than one bid. MOTION by Mr. Neglia and SECOND by Mr. Paternoster to award H. L. Pruitt Corporation $218,950 for construction of a PAPI System at the Municipal Airport. Roll call result was as follows: Ayes: All Nays: None Passed ' MOTION by Mr. Neglia and SECOND by Mr. Paternoster to approve the Runways 4-22 and 8-26 PAPI Construction Service Agreement contract between the City of Sebastian and H. L. Pruitt Corporation. i3 Regular City Council Meeting September 12, 2007 Page Four ~~ Roll call result was as follows:. ~~ Ayes: All Nays: None Passed 9. COMMITTEE REPORTS Sz APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Ms. Simchick reported on today's MPO meeting relative to the new bus schedule and routes. 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS 07.148 A. Clambake Discussion (Requested by ice Mayor Neglia and Council Member Paternoster - No Backup) Mayor Coy asked Mr. Neglia and Mr. Patemoster to explain, for the benefit of the public why they placed this item on the agenda. Mr. Neglia said he thought the Clambake should go on and was not sure why the Foundation canceled it. Mr. Paternoster also said he would like it to continue and would like to know why it was canceled. The following members of the public addressed City Council: Walter Barnes, Sebastian, said antics by two people need to stop and Council needs to not tolerate such actions at its meetings, and residents- are disgusted. Pat McDonald, Sebastian, read a letter asking Council to please continue the Clambake and said it was sad when two individuals who do not speak for the entire community can have it canceled. Russ Owen, Sebastian, briefly described the beginnings of the clambake festival, said this town's problem is Mr. Gilliams, and began to discuss that Mr. Gilliams has failed to pay taxes in the last three years and has been arrested. Mr. Wolff called a point of order stating the discussion is about the Clambake and did not understand how Mr. Gilliams' history has anything to do with the Clambake. Mr. Owen responded he was talking about Mr. Gilliams' credibility. Mayor Coy asked that facts be presented but noted sometimes a name is attached to facts, and that Mr. Gilliams has made public allegations about the Clambake. Ms. Simchick asked that the word alleged be used in Mr. Owen's input. l ~f 4 DRAFT Regular City Council Meeting September 12, 2007 Page Five Mr. Wolff said he wants to hear Mr. Owen but is concerned. Mr. Paternoster asked what this allegation has to do with the Clambake. Mayor Coy said it may be an indictment on someone's credibility. Mr. Patemoster said it would not be fair to delve into anyone's background but rather keep with the issues of the clambake. Mr. Owen said he knows no one has misused money, said Mr. Gilliams makes allegations that we took money and now we have to suspend the festival because they are making these allegations and it needs to be stopped. ` Rich Schwarzback, said the issue is what we need to do to get together and have a Clambake. He said if there is something going on, investigate it and get it over and move on. Mayor Coy clarified that the City is not the one that makes the decision on whether or not there is a Clambake Festival, but it is the Foundation that makes the decision. Robert Pliska, Sebastian, said the City is the host and holds the contract, supplies the police, public workers, pays for advertisement, water and electric. He recommended a City overseer who sees all the documents and if everything is alright then there is another festival. He said the City should have gotten involved over a year ago and had it resolved. Rosemary Bostinto, 1510 Glentry Lane, said she finds it kind of strange that two people can stop a Clambake, and asked if we ask them to do it again are we going to be safe with these people, and that they violated the contract. Joe Spinelli, Sebastian, asked why there is no accountability, that it didn't matter who it was there should be accountability. Louise Kautenberg, Sebastian, said the issue is not simply a couple of individuals made accusations, but the fact that committee members spent their own time, money and even vacation for this, and Council has not stood up for them in light of accusations made. She said she has seen the books and she has never seen such well kept records in her life. She said Mr. King told her he would never give the records to a "pack of rabid jackals" and volunteers have been treated as criminals. Damian Gilliams, 1623 US 1, Sebastian, said shame on you to Mayor Coy for allowing allegations against him, and thanked Mr. Wolff and Ms. Simchick for supporting him. He said Mr. Scozzari started this questioning when he was not allowed in the festival. Mr. Gilliams then proceeded to read the Attorney General letter dated January 8, 2007 into the record (see attached). Mayor Coy told him when his time was nearly up. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to let him continue his input 4-1 (Coy -nay) Mr. Gilliams said they were not asking for records about the Foundation, but for records related to the festival and it is Council that is to blame for not demanding the records. l~ 5 Regular City Council Meeting September 12, 2007 Page Six Mr. Wolff thanked him and said he was out of time. Todd Klitenic, Barber Street, Sebastian, said if the Foundation doesn't want to continue ask them to give it to someone else or another organization. He said. if they canceled for two people, maybe there is something wrong. Betsy Field-Connelly, Kildare Drive, Sebastian, said she is speaking to her own remarks and not for the Sebastian Property Owners Association. She said she is feeling grief, things are happening in these Chambers, such as the Dog Park presentation. Mr. Paternoster called a point of order. Mayor Coy said some of her discussion will be about this same thing and there is relevance to what Ms: Field is saying about Council's actions. Mr. Wolff said if a person says an incidence has a bearing on her discussion, then we throw away our civility, throw away the rules and we cannot be selective. Mayor Coy said Mr. King cited the same reasons to her that it has to do with Council behavior and Council needs to take the licks. Ms. Simchick said Ms. Field addressed Council as a whole and did not single.anyone out. Mr. Wolff said if the Dog Park discussion can.be related to the cancellation of the Clambake there is something wrong. Ms. Field said her reference was to how people are treated by Council, how Mr. Wright and Ms. Monier were interrogated when they came before Council. She said you have heard allegations from Mr. Scozzari and Mr. Gilliams on many issues over the last year. MOTION by Mayor Coy and SECOND by Ms. Simchick to allow Ms. Field to continue her input. Voice vote on the motion carried 5-0. Ms. Field asked when it became a crime to volunteer, said accusations are that money was being skimmed and books were being cooked and is all bunk, that she has seen the books and they are clean. She said Damian and Joe have an axe to grind with the City and want to have their own festival. She asked people who supported her to quietly stand and the majority of the audience stood. Baxter Coston, 660 Balboa Street, Sebastian, said it is unbelievable what is going on, that the Clambake is public and asked what is wrong with a person in City asking for records, if you have nothing to hide you hide nothing, just show them the books and tell them they are not right. Joe Clark said he is appalled that someone on the Council ask questions, and then said ask them and ask them aggressively. Mayor Coy called recess at 8:24 p.m. and reconvened the meeting at 8:38 p.m. All members were present. ~~ 6 Regular City Council Meeting September 12, 2007 Page Seven Council deliberation followed: DRAfT Mr. Neglia described the beginnings of the Clambake festival when he was president of the Property Owners Association and approached by Mr. Stringer with an idea; said what is happening now is because two guys went around taking pictures of volunteers and he can't believe it has gone this far; that Council has always supported this; that City workers got paid but also gave their time and some spent their own money and used vacation; and thought we had enough people to do this and it should not die. He read an example of an e- mail from Mr. Scozzari into the record showing the level of malice toward those involved and stated how many times he had to endure these things at home; and finally that we should not lose the Clambake festival. Mr. Paternoster said he wants the Clambake to go on as long as possible, that he worked the clambake festival, but didn't think it fair that Council gets blamed for not having it. He read from the article about the cancellation from the Press Journal, specifically John King's quotes about the various reasons for the cancellation; explained his questioning of Ms. Monier when she requested approval of the Art Festival stating he asks questions until he understands the answer; cited minutes which show that he had money turned back to the Art Festival for advertising last year; and cited comments in the Hometown News that some City employees worried they might lose their jobs and asked why. Mayor Coy asked for this article. Mr. Paternoster continued, stating the City did not pull out of the festival; asked are we to understand that two individuals can hold a City hostage and if it were up to him he would have provided them the records; read from Mr. King's letter to Council canceling the clambake dated August 22, 2007; noted that on July 25, 2007 Anjani Grillo gave funds to recipients and talked about this year's event wondering what happened between July 25 and August 22 to precipitate canceling the event; said he obtained records showing the City is a corporate member and said we should. have a right to look at the books; said the City collected money for the clambake and handed it over to them the first year and we don't have those records. He said he thought the people who run this are of higher caliber than to cave to two people; that he would like to see the records, and prior records should have been provided. He said Council has to act within the parameters of the law and that is what he was elected to do, and now we cannot ask anything of our attorney because he has submitted a letter which he then read it into the record. (see attached). Mr. Paternoster said this limits some of the legal questions we might have asked and puts on in a precarious position. Mayor Coy pointed out we can ask the City Attorney legal questions. Mr. Paternoster asked the City Attorney if we can ask him questions about the Clambake and the City Attorney responded he would not be comfortable in answering them. Mr. Paternoster said we can only ask, wait and see if records are brought forward, and stated This Council can start an investigation into any department of the City and it needs a vote. ~~ 7 Regular City Council Meeting September 12, 2007 Page Eight pRpFt Ms. Simchick said it is good that everyone got a chance to vent; was disappointed in the cancellation, said everyone has a different perception to this. She said from what she understood, the Foundation is a separate entity which took this on for public good, that she had talked to Mr. King tonight and he said they are done, their perception was they worked very hard and there were a lot of complaints, that their contract did not ask for financials, and she confirmed that he told her they did not want to turn over records to a "pack of jackals", but wanted a certified accountant to look at them. She said it makes her feel good that people saw the records, that the Foundation has made a choice, though disappointing, and accusations are a two way street. She said the letter from the AG states this is a non- profit agency, that staff can only give over records it has, and has been forthright with what they have. She said there is a difference between questioning and asking questions. She said we have four festivals, we have asked for financials for the Art festival and they will be forthcoming, perhaps we can find another organization to take over the Clambake, put our heads together and create a tickler for next year, or find another organization and get the event on again. Mr. Wolff said it is unfortunate that we've reached this point with the Clambake; that volunteers get self-satisfaction and don't need a slap on the back; thanked the volunteers and said they are an integral part of the event. He said the Clambake Foundation talks about two people who stopped project, but rather he saw five people who stopped it. He said the event started informally and was a massive success, but he didn't think record keeping grew with the event and when you start taking in money you've got to be accountable. He said Mr. King is real estate, and Mr. Stringer is an attorney, had good intentions but at some point no one should have been surprised that when a disgruntled vendor was turned away there would be trouble, and said Mr. Scozzari said he was going to get back at them and see if everyone was following the same rules. He said whether the rules were evenly applied he couldn't tell, but there will always be disgruntled people. He said when Mr. Scozzari showed the photos, immediately the Clambake Foundation should have put together their records because these are business people and they should have known better. He said Scozzari and Gilliams kept coming at the Council and Council wasn't involved. He said he thought it fantastic that citizens gave funds back to the City but it ticked him off when he came to a meeting and found a piece of paper stating they were not going to have the festival, because the Clambake is the heart of our community. He said it is time for the City to take this away from the Committee if they are going to say we don't like your attitude, we have hundreds of volunteers who can do it, accept the complaints and move on. He said we can't have five people telling us, and think they hold all the cards, the City can we provide the employees and we don't need those five people because we have brilliantly talented people in the community to do it. He said it is an insult to the community, and maybe people involved in the future shouldn't have insider ties or be the City Attorney. He said he would be happy to hold a special meeting and take it out of the hands of the foundation who are irresponsible for dropping the event, and Gilliams and Scozzari will complain to us but so what. 18 s Regular City Council Meeting September 12, 2007.. Page Nine Mayor Coy said there is an awful lot of anger in her because we have a divided Council again; said there are two reasons we are here tonight, the handful of folks who have made it very. divisive deserve 49% of blame and 51 % of the blame is right here on Council. She said this is our City and she has been unhappy about some of Council's performance lately noting people are upset with Council's behavior. She said Council runs the City and people elect them to do that. She said in 2002 a group of people got together, some worked for the City and some did not, they didn't expect to be thanked but they also didn't expect to be condemned. She said over the four Clambakes they have donated $196,208 to the community and we blew it. She said to say we could go on, that we should not blame the victim. She said the Clambake Foundation has turned records over to an accountant; said she had begged them to hold the event but fully understood their position. She said this past October a couple of somethings happened and City workers were being attacked, the City Manager was accused of criminal activity, the City Attorney was accused of criminal activity, City workers were accused of criminal activity and there has been no proof and Council did nothing to stop it. She said Council should not allow false allegations, and tell them either put up or shut up, the City has done everything it was required to do by law and if this Council will not stand up we won't have anymore festivals. She said she read the AG letter as it is written, and it was advice of the Attorney General and not a directive. She said there is a public record name attached to the letter to the editor that says Sal Neglia got a check for $9,250. She said Council doesn't need to shred people's integrity when they come before them, said she would not support turning the Clambake over because she has seen two requests from the same people who tried to destroy the Clambake to have their own festival. She suggested asking the Ciry Manager to get with the Foundation and whatever we need to do to get them to do it. MOTION by Mr. Neglia and SECOND by Ms. Simchick to ask Ciry Manager to talk to the Foundation to get the festival going again. Ms. Simchick said she did not think any conversation at this time would be productive but she would like the City Manager to have conversation with them maybe in about a month. Mr. Wolff said he was not in favor of going back to Clambake Foundation, because of the way the director wrote the letter and then went to the newspapers; said we need to move on; and asked what if five people run around with video cameras, there are always going to be troublemakers; said people say "we've got to stop these two people" and asked what do we do, string them up? He said there are always going to be unhappy people, but we have got to get organized and get the festival back but don't go back to the people who are so offended that they can't get it back, let bygones be bygones. He said Mr. Stringer has given it up, noting Mr. Stringer was having the time of his life at Clambake and there is no reason why the festival doesn't go forward and again said you will never get rid of the troublemakers because there will be four more to take. their place. i4 9 Regular City Council Meeting September 12, 2007 Page Ten pRpFS Mayor Coy said Council is at fault because it did not stand up for its staff, people stormed City Hall and we should defend the good people who have done things, and not make it a crime for being a volunteer. She said if they have done something wrong let's investigate, but again said our staff endures it over and over and we allow it, and she has faith in these people, didn't believe Sal got a check for $9000. She said to Mr. Wolff that when he is written about in the newspaper and starts to be accused he will feel it, to be accused when nothing has been proven hurts her heart because it hits home, and for her staff and all the volunteers. Mr. Paternoster said he was not for asking anyone if they want to move forward because.. they made it clear by canceling without any notice, stating it was. a little bit crass, and a representative could have come forward and now we are going to put our tail between our legs and say oh please have the Clambake. He asked Mayor Coy if she had been overseeing what the. accountant was doing. Mayor Coy said she had not been in touch with the accountant but had been told by Ms. Kautenberg and Ms. Field.. Mr. Paternoster asked Mayor Coy if asking questions is considered a crime to her. Mayor Coy said Mrs. Simchick said it best, there is a way to ask questions and a way to question and your get what you pay for,, that his interrogation techniques need refinement because he is turning people away, we are turning this .into interrogation and maybe it is because of his background in law enforcement. Mr. Paternoster said he gets the same complaints that she is the Gestapo of the Council. Ms. Simchick asked Mr. Paternoster to just continue his input and not ask questions of Council. Mr. Paternoster asked if she was saying he shouldn't ask questions too. He said as far as his background he was a police officer and a good one, and Council needs to grow up because things and times are changing. He said the Clambake had a contract until 2011, and had no reason to ever come before Council, and said if someone asked him for information he would tell them what they wanted to know, if the Lions Club doesn't want to put on the 4~' of July we will find someone else to do it, we should just move on, there are a lot of people willing to volunteer their time and he will not accept 51 % of the blame. He said Mr. Scozzari and Mr. Gilliams have a right under the constitution to stand at this podium and ask for information. Mayor Coy called for a roll call and clarified that the motion did not include a certain time for the discussion between the City Manager and the Clambake Foundation. Roll call result was as follows: Ayes: Coy, Neglia, Simchick Nays:- Paternoster, Wolf Passed 3-2 2~ ~o DRAFT Regular City Council Meeting .September 12, 2007 Page Eleven Mayor Coy called recess from 10:12 p.m. to 10:18 p.m. All members were present. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to extend the meeting to 11 p.m. Voice vote on the motion carried 5-0. 12. NEW BUSINESS 07.167 A. Resolution No. R-07-40 -CFPBA Collective Bar acl fining Agreement -Effective 12~-1~1 10/1/07 through 9/20/10 (HR Transmittal, PBA Letter, R-07-40, Tentative Agreement A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATE, INC. (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager gave a brief explanation of the agreement, noting ratification by the union and recommended staff approval. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to adopt Resolution No. R-07-40, collective bargaining agreement between the PBA and the City of Sebastian from October 1, 2007 until Sept. 30, 2010. Roll call result was as follows: Ayes: All Nays: None Passed 07.168 B. November and December Council Meeting Schedule (City Clerk/City Manager 173 Transmittal) The City Manager recommended canceling the December 26 meeting due to it being in the middle of the holiday vacation week. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to approve the schedule as read by the City Manager. Voice vote on the motion carried 5-0. 13. PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote of Council members present. Baxter Coston, Balboa Street, Sebastian, said we, the people of Sebastian, have been told that we do not have a right to speak at Council meetings and that it is a privilege. He said he had a right to be here. Facing the audience, he said that a person instigating a lawsuit against the City was not allowed to speak, and was thrown out of the chamber by the Chief. ~~ 11 Regular City Council Meeting September 12, 2007 Page Twelve Mayor Coy asked him to address the Chair. Mr. Coston praised the Chief and noted Council made a motion defying the Chief's wishes for an appreciation week. Mr. Coston described the terms of the Indian River Community College (IRCC) lease. Mayor Coy said his time was up. MOTION by Mr. Wolff and SECOND by Mr. Paternoster was made to give Mr. Coston two or three more minutes. Voice vote on the motion carried 3-2 (Coy, Neglia-nay). Mr. Coston stated a conflict of interest existed with Mayor Coy's employment at IRCC and the City's lease of the old school house. Ms. Simchick called for a point of order explaining this was previously discussed and he was making a wrong accusation. Mr. Coston said if there is a bad apple in the bunch you take it out. He asked for Mayor Coy's resignation and asked the public to support him. James Spinelli, Carnival Terrace,'Sebastian, read a letter from Chuck Lever, regarding a petition. previously submitted opposing the Indian River Drive/Main Street Improvement Project (see attached). He presented additional 234 petition signatures (see attached). Damien Gilliams, suggested putting the Finance Department's records on the website. Ms. Simchick called for a point of order and stated that is what the budget and amended budget does. She also noted that staff has just been cut and suggested Mr. Gilliams volunteer. Mr. Gilliams said the Mayor doesn't run the City, but the City Manager does; apologized for the public records request; stated he was surprised that the City Attorney took the fifth, saying he should have answered the Council member, and until records turned in he should. step down. He asked where the City logo sign was that he donated to the City, noting he heard there was a vote not to put it up and he did not receive a thank you for the sign. Ms. Simchick called for a point of order explaining she did thank Mr. Gilliams for his donation but she did not think he wanted it publicly known that he used the City's logo. Ms. Simchick asked if a City employee reproduced the sign illegally for him to which he said no. In response to the Mayor, he said it was done by a print shop that does a lot of work for the City. The City Clerk said Mr. Gilliams came into her office and asked about the City logo sign and she told him that three Council members told her they did not want it up and two said they did and she wasn't doing anything with it until she had a vote of Council. ZZ a Regular City Council Meeting September 12, 2007 Page Thirteen Todd Klitenic, Barber Street, stated that he was glad taxes were going to be lowered and noticed there are three cuts included by Mr. Conlon. He requested the cuts occur during the growing season as opposed to the winter season. 14. CITY ATTORNEY MATTERS The City Attorney asked Council to consider the appointment of a designated representative at the Interlocal Services Boundary Agreement meeting. Mayor Coy agreed to put the matter on the next agenda. He also asked each Council member to meet with him on the status of the Fellsmere discussions. He reported the Planning and Zoning Commission heard and rejected .the proposed riverfront height change and they will bring a report to Council. He also said last night, the Construction Board considered the continuation of testing contractors and if another entity tests contractors, would they still want to meet~quarterly or every six months to do background investigations. The City Attomey said their decision will be included in a future Building Department report. He clarified that during the clambake discussion, there was a huge difference with taking fifth and his decision that it is not appropriate for him to answer questions regarding the City's relationship with the clambake. 15. CITY MANAGER MATTERS -None. 16. CITY CLERK MATTERS -None 17. CITY COUNCIL MATTERS A. Mr. Wolff Mr. Wolff asked in regard to the clambake, if Council considered the clambake festival over or if there was a plan B. B. Mayor Coy Mayor Coy responded that once Council sees resolution, agrees how to treat people it would inappropriate to extend an invitation to people other than those hard working people already involved with the clambake. ~~ 23 Regular City Council Meeting September 12, 2007 Page Thirteen C. Mr. Neglia Mr. Neglia said last night he went to bike night at McDonalds and enjoyed commemorating September 11~' with the bikers; and reported that tomorrow night the American Cancer Society will gather at the Sebastian River High School to see how many teams will gather for the next Relay for Life event. D. Mr. Patemoster Mr. Paternoster agreed with Mr. Wolff that Council should move on to clambake plan B for the next agenda; and asked the City Attorney to get information to Council ahead of time, citing his memo tonight about the clambake. He suggested receiving a phone call or heads up regarding situations. E. Ms. Simchick Ms. Simchick reminded that Council had a 3-2 vote to have the City Manager talk to Clambake Foundation members. The City Manager explained he was responsible for delivering Mr. King's letter to Council just before the meeting because he was on his computer up to the meeting time, received the a-mail and provided copies for them at the meeting. Ms. Simchick suggested seeking other public funds, advertising and memorial funds for benches and garbage cans along Indian River Drive. To address Mr. Wolff's query, Mayor Coy recapped there was a motion to direct the City Manager to approach the clambake foundation in regard to a future clam bake. 18. Being no further business, the regular meeting adjourned at 10:57 P.M. Approved at the September 26th, 2007 Regular City Council meeting. Andrea B. Coy, Mayor ATTEST.• Sally A. Maio, MMC -City Clerk Z`+ 14 cm ~ ~~~~~~ " ~; - HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING -BUDGET HEARING WEDNESDAY, SEPTEMBER 19, 2007 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the special meeting to order at 6:00 p.m. 2 3. 4. 5. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present at Dais: City Manager, AI Minner City Clerk, Sally Maio City Attorney, Rich Stringer (excused) CITY MANAGER UPDATE Staff Present in Chambers: Airport Director, Joe Griffin Finance Director, Shai Francis Police Chief, Jim Davis MIS Systems Analyst, Barry Siepmann ORpFT The City Manager said the budget has been updated in accordance with Council direction and staff recommends approval. FINAL PUBLIC HEARING AND ADOPTION OF MILEAGE AND FY 2007/2008 BUDGET A. The City Manager Announced Proposed Millage Rate of 3.0519 Mills Which is 4.99% Less than Rolled-Back Rate of 3.2121 Mills. B. Mayor Coy opened the Public Hearing on the proposed Millage and Budget at 6:02 p.m. Z`' Special City Council Meeting September 19, 2007 Page Two The following members of the public addressed Council: Damien Gilliams, 1623 US 1, commended Council, the Budget Committee and employees for their due diligence, and recommended the following: preparation for cutting the millage for next year to 2.9 or 2.8, funding for a lobbyist which brings money to the taxpayers, a wellness program to reduce insurance costs, need for a citizens academy, more festivals to bring more people into town, getting cut of Waste Management revenues for recycling, solar, wind, hydrogen cells, having a financial committee all year round, and putting checks on the City website. Mr. Paternoster read a letter from Chuck Lever, Mulberry Street, Sebastian, ~~ recommending the hiring of additional police officers (see attached). ~.~ C. Council Deliberation Mr. Neglia said Council cares about the safety of citizens, but he has not heard throughout the year that people don't feel they are being protected, and if we can do something in March to hire additional officers he is for that. He said he is satisfied with the budget as it is. Mr. Paternoster agreed with a wellness program, recommended contacting other cities to buy fuel in bulk, said his concern is with the safety of the officers and hoped that the City Manager can come back after the Super Homestead is voted on with a plan to hire on additional officers, that people's cars and homes are being broken into, crime is all around us and we need to ensure we are properly protected, and recommended we move forward with this budget. Ms. Simchick also liked the idea of a wellness program, suggested sick day compensation for no sick days, said one of her goals for the next fiscal year is a line item for outsourcing grants writing, noted we have put officers on a tickler file for January, said people may see inequities in spending but in reality moneys earmarked for a specific project cannot legally be moved around for other purposes. She thanked the Budget Committee and staff for this budget and said hopefully in our goal setting workshop we can get clever. Mr. Wolff thanked the City Manager, Shai Francis and staff for this budget, said our greatest challenge is payroll costs which cannot be underwritten by grants. He said our challenge is to balance our workforce with needed services, that we have not had to let anyone go, said the millage may possibly be at an all time low, but it may be difFcult to maintain this low millage rate, and taxes may have to go up. He said we cannot fund additional personnel with grants and having festivals, so to provide services we will have to look at our tax rate and this will be our greatest challenge. He agreed with the wellness program idea, and going forward we can direct the City Manager to send out our insurance broker to get us a better plan. 2~v 2 Special City Council Meeting September 19, 2007 Page Three Mayor Coy congratulated staff who contributed to the budget, said she was pleased that we did not have to let anyone go, that we met and exceeded the State mandates, but the downside was that we had to set limits and because we decided to maintain this millage we will have to wait until February to look at hiring additional police. She said scrubbing the CRA funds for the boat ramp will not get us new officers because those funds can't be used for personnel. Mr. Neglia reported on Port Saint Lucie's wellness program, which includes medical facilities for their employees. He said he provided information to the City Manager and Human Resources Director and they are looking into it. D. Adopt RESOLUTION NO. R-07-37 - Millage Rate for Calendar Year 2007 (Finance Director Transmittal, R-07-37~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILEAGE RATE OF 3.0519 MILLS FOR THE CALENDAR YEAR 2007; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read Resolution No. R-07-37 by title only. MOTION by Mr. Paternoster, and SECOND by Vice Mayor Neglia, to adopt Resolution No. R-07-37. ~~ Roll call result was as follows: ~, Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Passed E. Adopt RESOLUTION NO. R-07-38 -Fiscal Year 2007/2008 Budget (Finance Director Transmittal, R-07-38, Schedule "A") A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS OF THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "A" ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read Resolution No. R-07-38 by title. MOTION by Mr. Paternoster, and SECOND by Ms. Simchick to adopt Resolution No. R-07-38. z~ Special City Council Meeting September 19, 2007 Page Three Roll call result was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed 6. OTHER FISCAL MATTERS oRPFt A. Adopt RESOLUTION NO: R-07-36 -City Financial Policies (Finance Director Transmittal, R-07-36) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, READOPTING AMENDED FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN ATTACHMENT "1"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read Resolution No. R-07-36 by title and briefly described the amendments. MOTION by Ms. Simchick and SECOND by Vice Mayor Neglia to adopt Resolution No. R-07-36. Roll call result was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed 7. Being no further business, Mayor Coy adjourned the special meeting at 6:37 p.m. Approved at the City Council Meeting. Andrea B. Coy, Mayor ATTEST.• Sally A. Maio, MMC -City Clerk 28 4