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HomeMy WebLinkAbout09122007my ~ ~~~ ~ ~ -~ ~1i1~~ - HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 12, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the regular meeting to order at 7:00 p.m. 2. Vice Mayor Neglia led the Pledge of Allegiance. 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 fhe 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 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 proclamations, 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 Special Agent Degnan thanked the Mayor and Council for allowing him to make the presentation, 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 renovation. 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. 2 Regular City Council Meeting September 12, 2007 Page Three 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 15-16 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 Laserfiche on the City's website and in City Clerk's officeJ, 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. 3 Regular City Council Meeting September 12, 2007 Page Four Roll call result was as follows: Ayes: All Nays: None Passed 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. 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 Vice Mayor Neglia and Council Member Paternoster - No Backup) Mayor Coy asked Mr. Neglia and Mr. Paternoster 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. 4 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. Paternoster 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. 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: 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 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. 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 City 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 City 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. 9 Regular City Council Meeting September 12, 2007 Page Ten 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 4t'' 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 10 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 Bargaining Agreement -Effective 127-171 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 Glerk/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. 12 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 Attorney 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. 13 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 11th 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. Paternoster 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 2tih, 2007 Regular City Council meeting. Andrea B. Coy, Mayo ATTE~ST~ ' ~ ~.. .. ~. -~ _ a~ Sally A. Maio MMC -City Clerk 14 O~'~'ICE Off' TIE CITY ATTORAEY s~~, 3r To: Mayor and Council From: Rich Stringer, City Attorney Date: September 12, 2007 Re: Sebastian Clambake Foundation; my position Before tonight's meeting, I felt it best for all concerned to clarify my position with the Sebastian Clambake. I am not authorized to be a spokesman for the Sebastian Clambake Foundation, its Board of Directors, or the Festival Committee. Although I was the President of the Clambake Foundation for the first four years of its existence, since May 2006, my only formal position with the Foundation is as one member of the seven- member Board of Directors. Additionally, I have always been active on the Festival Committee, which is the unofficial "working" group that puts on the event. Under Florida Statutes Chapter 112, public employees and officials are generally allowed to hold positions on the board of directors of nonprofit organizations without it being considered a conflict of interest. In fact, a councilmember sitting on such a board can still vote on matters relating to that nonprofit organization. Although I had tendered my resignation from the Board with the hope that controversies surrounding City involvement with the Festival would subside, at the request of the Board I rescinded the resignation and agreed that seeing these pending matters through to the end is the honorable course of action. However, because of the on-going issues involving the Clambake, I told the Foundation that I did not wish to continue to serve on the Board after my current term. However, if the Clambake decides to dissolve, I feel duty-bound to continue on the Board, if it wants me, to help oversee the dissolution of the Foundation and the proper disbursal of its assets, including endowed and retained funds. If the Foundation decides to continue holding the Festival in the future, I intend to disassociate myself from its future activities. I hope that everyone will understand that I am at tonight's meeting as the City Attorney, and it is not appropriate for me to, and I do not intend to, take part in any public discussions about the Sebastian Clambake. Page 1 of 1 Sally Maio From: John Oakes [goflying777111@yahoo.com] Sent: Monday, September 10, 2007 10:38 AM To: Sally Maio Cc: Jeanette Williams; Andrea Coy; Eugene Wolff; Dale I. Simchick; Sal Neglia; AI Paternoster Subject: Request/Budget Review Committee Appreciation Certificate Sally, Hello. I would appreciate it if you would read the following on my behalf this evening at the Sebastian City Council Meeting (9/10/07) because I will not be attending. I will come by your office this week to pick up the certificate, if that is acceptable. "I would like to thank the Sebastian City Council for allowing me the privilege to serve on the Budget Review Committee the past three years. 1 would like to especially thank Councilwoman Dale Simchick and Mayor Nate McCollum for appointing me to this Board. I am grateful. Thank you, John Oakes" Thanks Sally.....1 appreciate it. Sincerely, John Oakes 772-480-1907 Be a better Globetrotter. Get. better travel answers_from someone who knows. Yahoo! Answers -Check it out. 9/10/2007 ~.•- SES~S~1~'~ C I~C v C L~.RK OFFICE OF THE ATTORNEY GENERAL Opinions Division ~t110..~~..._ .,-.__, ..___.~-__ BILL McCOI:LUM PL Ol The Capitol . Tallahassee, Florida 32399-1050 ATTORNEY GENERAL ~ ~ Telephone (850) 245-0158 STATE OF FLORIDA Fag (8501922-3969 January 5, 2007 Ms. Sally A. Maio City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Ms. Maio: This is in response to your request for assistance in determining whether the records of the Sebastian Clambake Foundation are public records subject to disclosure under Chapter 119, Florida Statutes. A public records request has been made for documents relating to the foundation which are not held by the city.. You state that the Sebastian Clambake Foundation (foiaridatiorl) is a rion-profit corporation that organizes an annual `festival knowri as the Sebastian Clambake ~~ ' Lagoon Festival. The foundation has full fnancial resporisibility for the~festival and controls the disbursement of all proceeds which are dedicated to• local charitable .and non-profit capital projects. The foundation approached the city about entering into a sponsorship and hosting agreement, which the city agreed to do in 2002. The city . assumed several responsibilities, including: hosting the festival from 2002 through 2011; aiding the foundation with necessary city personnel; dedicating exclusive use of the city's Riverview Park & Yacht Club facilities to the foundation during the festival; providing off-site parking and transportation to and from the event; providing power and water for the event; and reimbursing the foundation for promotional advertising. The city is a corporate member of the foundation and has agreed to indemnify the foundation for~any claims brought by city employees performing the city's obligations. You do not indicate that the foundation has made itself subject to the Public Records Law by the terms of the hosting agreement. You state that the city has provided all of the documents in its possession, but some requested records are foundation business records not in the possession of the city. Florida has a policy that all state, county and municipal records are open for. inspection~and copying by`any~pei-son; unless such records are rrrade~confdential or exempfiby law.' 'It is the duty of each agency to provide such access.2 ~ Chapter 119, Florida Statutes; defines "agency" for purposes of tfie Public Records Law to iriclude private corporations acting on behalf of any public agency.3 Courts have emphasized in Ms Sally A. Maio. _ ... _ _ _ - Page Two . _ .: _. _ _ -- - _ _ __ analyzing Chapter 119, Florida Statutes, however, that the mere receipt of public funds by a private corporation under contract with a govemmental entity is not, standing alone, sufficient to bring the organization within the ambit of the open government requirements a The Supreme Court of Florida, in News and dun-Sentinel Company v. Schwab, Twitty & HanserArchitectura! Group, Inc.,5 set forth various criteria to be considered in determining whether a private entity is subject to the Public Records Law. The Schwab Court included such factors as: ~ the level of public funding; commingling of funds; whether the activity was conducted on publicly-owned .property; whether services contracted for are an integral part of the public agency's chosen decision-making process; whether the private entity is performing a govemmental function; the extent of the public agency's involvement with, regulation of, or control over the private entity; whether the private entity was created by the public agency; whether the public agency has a substantial financial interest in the private entity; and for whose benefit the private entity is functioning.g Fund-raising by the foundation in and of itself does not appear to be a governmental function. In.this instance, however, activities of the foundation are conducted on city properly and the commingling of the city's resources with those of the foundation in producing and carrying out the festival, apparently the sole function of the. foundation, is so pervasive that the distinction between any private activities of the foundation and the public nature of the city's involvement have been blurred. The fact that specific records have not been provided to the city and are maintained solely by the foundation does not preclude their inspection or copying.' Should there be activities of the foundation that are not.related to the festival and do not involve the city's participation, then records relating to such activities would not be public records. In light of the broad purpose of the Public Records Law to have transparency in government, it may be advisable to ensure that all records relating to the clambake festival be open. Foundation records-unrelated to the festival not involving the city's participation, however, would not be subject to disclosure. Sincerely, ~~,a.,,,~..~ Lagran Saunders Assistant Attorney General ALS/tsh .......Ms..Sally_A._Maio _.. . .... Page Three :-- _ 'See s. 119.01, Fla. Stat. z Section 119.01(1), Fla. Stat. s Section 119.011(2), Fla. Stat., defining "agency to include "any other public or private agency, person, partnership, corporation or business entity acting on behalf of any public agency." ~ . a See Parsons & Whittenmore, Inc. v. Metropolifan Dade County, 429 So.2d 343 (Fla. 3`~ DCA 1983); and New and Sun-Senfinel Company v. Schwab,. Twiny & Hanser Architectural Group,• Inc., 570 So.2d 1095 (Fla. 4~' DCA 1990), in which the court ruled that an architectural firm hired by a school board to perform professional services related to the construction of school was not an agency because "the architects did not participate in the school_district's process to decide whether schools should be built." 5 596 So. 2d 1029 (Fla. 1992). g: ld. at 1031. ,- See Times Publishing Co. v. City of St. Petersburg, 558 So. 2d 487, 492-493 (Fla. 2d DCA 1990), in which the court found that the city and the private entity violated the ~-Public Records.Act when the city avoided taking possession of negotiation documents reviewed and discussed by both parties, but left in the possession of the private entity's attorney. See also Wisner. v. City of Tampa Police Departmenf, 601 So. 2d 296, 298 (Fla. 2d DCA 1992) (city may not allow private entity to maintain physical custody of polygraph chart used in an internal investigation to circumvent the public records law). M.S.. Sally :A.. Maio .....::....:.::... . _.. _ _ _. _ .Page Four _ . RE: PUBLIC RECORDS -NON-PROFIT CORPORATIONS -MUNICIPALITIES - ,pervasive involvement of city in activities of private corporation festival subjects records ' relating to festival td public records law. s. 119.01, Fla. Stat. Good Evening, Members of the Council, My name is James Spinelli, Carnival Terrace, Sebastian. I have been asked by Chuck Lever of Sebastian, to read the following to you, because he is unable to attend two different matters of importance at the same time. At the August 22, CRA meeting Mr. Lever presented this council with a petition containing 124 signatures in opposition to the reconfiguration of Main Streetllndian River Drive Project. A question posed by Council Member Simchick was "You're not in opposition to this, just this particular plan?" Let me say that all one hundred and twenty four who signed the petition including myself (Mr. Lever) are unequivocally against this particular location for any work to begin there. Furthermore, we would be in favor of having another boat ramp done further down along Indian River Drive to ease the flow of boats placed into the water and to be less restrictive on traffic flow. Also suggested was to have all 124 people present . I remind Council that a petition is in fact the voice of the people. It should also be noted by Council the fact that Mr. Wright brought in a petition that contained an alleged three hundred signatures with almost one hundred of them from outside the Sebastian City Limits for a dog park and no suggestion of bringing in the people was required or asked of him.. With that said council, I now would like to present to you on behalf of Mr. Lever with additional signatures of Sebastian Residents against this work on Main Street and Indian River Drive. The Total number of signatures being presented this evening is (234} .. Bringing the total number of residents in opposition to this at (358). Please keep in mind that more signatures are being collected as ~~~e speak. isated: i 2 Sept 2Gp i ~ ~ 1 PETITION We the undersigned residents of the City of Sebastian, County of Indian River, State of Florida, do hereby affix our signatures to this page in opposition to what has been dubbed the "Indian River Drive/Nlain Street Improvement Project." The cost of this project is estimated to be, 1.9 million dollars. It is our considered opinion that the proposed engineering design, in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature ~ ~ 33 r~ ~ e t~V°~ ~ ~ L ~ ^-~ jyry~ h V (pit' li ~(J1 ~]'J~ ~'V ~~y' `/ r C~s~~ld~ s ~ ~ ~3~ ~ ~r ~,~.. ;~Y ~ ~~ ~ r ~:..~ Q~~-J X00 ~6 ~3 S j~ `~'C'.~ ~r~-~-~-~' ' ~ ~ I~ - r n rrl ~ ~.. f i ~~ ~'~ ~ ~~''c~ ~~- ~ `' ~ ~,,.,r,...~.~' Page ~ of T PETITION We the undersigned residents of the City of Sebastian, County of Indian River, State of Florida, do hereby affix our signatures to this page in opposition to what has been dubbed the "Indian River Drive/Nlain Street improvement Project." The cost of this. project is estimated to be, ~1.9 million dollars. It is our considered opinion that the proposed engineering design, in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature ,~ a ,~~ ~ v r /s~°! ~~~sce~T sre J~ ~~~ sG~ 7~~ ~~ ~ ~. ~,~_ ~LL~ ~fl ~- a ~ l U o ~' ~- a~~c ~ ~ R ~ ~ C~~ ~ ~ ~ ~n ~r~itrv~v ~ - ~ ~~ ~ ~ ~ ~~ i~ ` J t~ co~ ~ !L(? r" ~ .,~~ ~~ 7- IJC.~ /f ~~~ ~/)`~il) ~~` ~ ,I ~p ~~ GIG -,~~~+~~//~~ ~~z ~i~i~ ~/~~ ~~° ~. ~~ is ~ ~ v-~ l ,. ( Page oCA of / PET~TI®N We the undersigned residents of the City of Sebastian, County of Indian River, State of Florida, do hereby affix our signatures to this page in opposition to what has been dubbed the "Indian River Drive/Nlain Street Improvement Project." The cost of this project is estimated to be, 1.9 million dollars. It is our considered opinion that the proposed engineering design; in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City ~ Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature ~~Lc_~`t~~ ~~~ 7 ~ / u/~ ~ ' ~ LI .. ~/ ,,~ -~a~~ 5~~do ~ ~ ~3~ ~~~~n~~~ sf . ~~~ ~~~~ ~~~.. 1 , Page .jiQ of PETITION We the undersigned residents of the City of Sebastian, County of Indian Rlver, State of Florida, do hereby affix our signatures to this page in opposition to what has been dubbed the "Indian River DriveiNlain Street Improvement Project." The cost of this. project is estimated to be, 1.9_ million dollars. It is our considered opinion that the proposed engineering design; in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature ~fU ~e. ~ ~~ ~ ~ -E' ''7~2-~,-~c.._ ~ ~G ~ - ( ( I~~~~ ~~ 'll'~~ n ~I ~~~ ~~~~~ ~~ ~ _~ . ~.~ ~~~ ~~ 11 ~ ~~~ h ~~ 1 I ~0 r ~ ~ ~- ~k~~-. , V ~ I f V ~~- Page ~,~ of PETITION We the undersigned residents of the City of Sebastian, County of Indian River, State of Florida, do hereby affix our signatures to this- page in opposition to what has been dubbed the "Indian River Drive/Main Street Improvement Project." The cost of this project is estimated to be, 1.9 million dollars. It is our considered opinion that the proposed engineering design, in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature } ~. ~. ~ c ~' r ~] ! ~ ~ c G~l~ c~l~ sue" ` ~~%~--~_ 1 hrl '~'~v'"tUr ~ ~'' Z~~ f `~rt~s~e~l I~!/ 4~,,. ~. /, ~ / f, . H_ t S~~rJ z Z K, v~ v ~ .../,.~~4--- a`~a Juo,~,.~~ aid '3~\ ~;a~e, ~~~~~.?~ -~.~~ ~ - ~~ ~~ ,• - --~ ~•Z C~ I ~ ~`~j / ~ ~ ~ C~ G4-~~I~U 16~ ~ ~ ( ~ ~ - ~~ Page~~ of PETITION We the undersigned residents of the City of Sebastian, County of Indian River, State of Florida, do hereby affix our signatures to this page in opposition to what has been dubbed the "Indian River Drive/Nlain Street Improvement Project." The cost of this project is estimated to be, 1.9 million dollars. It is our considered opinion that the proposed engineering design, in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature R ~- ~~ ~~~°,~.~ s~ .~, ~~~~ S ~ ~ J~ l1 ~ ~ 1 cC~Q ~.S Ova, ~ _ ~ ~~ 1,cSZu ~~e S f ~ ~. U p~ ~ JJ~ 7 i ~~I ~ ~. f I ~ i ~.5.~~ ~ ~ ~ `b ~ ~ ~ -.~ ~~ ~ Page Gig of ~ r '~' "" PETITION We the undersigned residents of the City of Sebastian, County of Indian River, State of Florida, do hereby affix our signatures to this page in opposition to what has been dubbed the "Indian River DrivelNTain Street Improvement Project." The cost of this project is estimated to be, 1.9 million dollars. It is our considered opinion that the proposed engineering design, in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located. behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature ~ ~ ~ , ~d~l ~S ~~/ ~~ 1~ r ,~ ~~ ~~ ~~ ~b !~ ~OK~~.,~ 7J.3 rYI~~G 2 ~~ ~l(..e~ to ~ ~ ~~ / v ~ / lJ~` (mss-C•~ /~Clf~. "r ,C15 ~~a~ L ~`Go~a SY". ~- ~ ~~ ~~~~ i~ ~~ ~~cvjr Tel . ~. ~. ~ ~., ~~i ,. ~, ~ ~. ~~~~~~~ M`C~AI!~~ ~~~C9~N~,~l6r~ ~~ ~~- ~t v 7 Page ~ of PE~IZ'ION We the undersigned residents of the City of Sebastian, County of Indian Rlver, State of Florida, do hereby affix our signatures to this- page in opposition to what has been dubbed the "Indian River Drive/Main Street Improvement Project." The cost of this. project is estimated to be, ~.9 million dollars. It is our considered opinion that the proposed engineering design; in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature lof(~-W Nz ~ vs c ~.~f~TG1 ~C~~z~ C'cLVzu-~`~'~,t: ~'1 ~ ~~6. ; ~ ~ ~. ~~ Yf~~' ~ ~ Jr~s~'~ ~ ~,e,,~ ~- ~r ~ d ~i~ " .~ s~f.~.~ L<v ~1~~~~ ., car ~ . ~~_~ ~-` , ~~-- ~ ~ ~_ ~-~~ ~~ t~~ ~ ~ ~ ,~ c ~~~ ~~ ~ ~ ~- ~~ t w t'w - J ' i D CG S ~ 4 ~ f ~+L~ F- ~~P.f ~. ~4 L~' Page ~iQ of PETITION We the undersigned residents of the City of Sebastian, County of Indian Rlver, State of Florida, do hereby affix our signatures to this page in opposition to what has been dubbed the "Indian River Drive/NTain Street Improvement Project." The cost of this project is estimated to be, 1.9 million dollars. It is our considered opinion that the proposed engineering design,, in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desia-ed goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature ~-~'" ~ ~ 3 I c° , ~~ r r ~ c Q~ ~a1 ~~ S ~n ,~.~" ~~_ f C~-~-- f ~~ ~. ~vu. ~~ is a ~u n a vh ~ .~~ ~ ~., ~~ N ~ C <~/ r c ~ a,~ V l~ ~ l ~ ~ ~(~,~C ~1~ ~ q ~~~~~ ~ n ~ ~s ~ ~. c L„ Page ~ of ~ g PETITION . We the undersigned residents of the City of Sebastian, County of Indian River, State of Florida, do hereby affil our signatures to this page in opposition to what has been dubbed the "Indian River Drive/Nlain Street Improvement Project." The cost of this project is estimated to be, 1.9 ,million dollars. It is our considered opinion that the proposed engineering design, in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Si nature ~ l/Io' ~b~ ~`~~ ~~~~C~~`~~ ~~ a ~a`Z ~ ~e-~me~ S ~ ~ ,- h J ~ ~ ~~-~~~ ~~~~ ---- ch. '~~ ~ ~~~ ~ , ~ < ~ r ~ ~ .~!~~ ~~~ r,~ ~~ ~ U~ ~-,. . ~.~~ `~ / ~ ~C C u Page ~~ of (~ P~~I~ION We the undersigned residents of the City of Sebastian, County of Indian River, State of Florida, do hereby affix our signatures to this page in opposition to what has been dubbed the "Indian River Drive/l~Iain Street Improvement Project." The cost of this project is estimated to be, 1.9 million dollars. It is our considered opinion that the proposed engineering design,~in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature ~~ r~ ~r ~ ~~' ~ ~~ r6 s~ ~ ~ ~~.~ ~ - ~ ~ ~~ l`~r ~~ ,~ u . ~ ~ ~~ ~ ~ ~ ~~ a ~ ~~ ~ ~ ~~~ ~ ~ ~ ~~,~ ~ ~ ~ ~ ~ ~f ~L .~ ~~,~J ~~~1~~~ ~~ ``- `7~~ - ~ l ~~~ ,_ :~ ~ ~~ ~~~1 ~o~~~ ~ l ~ , arc ,~ r ~~ ~ r~ ~ ~Q ~~ Q 0 Dom. Page ~//~ of PETITION We the undersigned residents of the City of Sebastian, County of Indian River, State of Florida, do hereby affix our signatures to this page in opposition to what has been dubbed the "Indian River Drive/1Llain Street Improvement Project." The cost of this project is estimated to be, 1.9 million dollars. It is our considered opinion that the proposed engineering design, in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. ~Ve strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature '~ -Z~ iY~ ~~~ ~~ 1 I ~ ~ ,~a -'~ -, C~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~~ s I ~;~ /~ ~J'r ~~~ ~ u ~~%~ ~ ~ ~" ~~' ~ ~ ~ l ~ ~ ~ ~~~ ~- ~~ ~ "tom ~' ~ ~ ~ ~ ~,~ ~ ~';; ~ ~ :~ ~ '~ ,1~~~°~~~ ~~~ Lh1F~~,~ I~ ``~ i J ~b ~ "~ F , ~ ~ ~ L ! 2 v v Page /o2iQ of ~~ PETITION We the undersigned residents of the City of Sebastian, County of Indian River, State of Florida, do hereby affix our signatures to this page in opposition to what has been dubbed the "Indian River Drive/Main Street Improvement Project." The cost of this project is estimated to be, 1.9,million dollars. It is our considered opinion that the proposed engineering design, in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. W'e firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature ~~ ~. ~ ~ l ~ 9~ 1 ~~~~~ ~~~ , ~~~~1 ~A~ ~ ~ ~/~ ,~ J~ d Cv r7~ ~; ~r-~-~ ~, 13 q z w~ ~ -~ s d~-, j ~~, ~1 ~-'tn ,~~ ~~r2~. i i ,e ~~~ ~~ ~~~ I2n ~i l uric ~~ ~ . V~ ~~ ' ~y~ r~ '.nIS~~~~n X ~ '~~~j' Jvn~svn ~~~~,~Cid~ ~ ~oS~~c~ v X37 2 ?6 v ~-e~`i"e ~~ I '~ U Page ~~ of PETITION We the undersigned residents of the City of Sebastian, County of Indian River, State of Florida, do hereby affix our signatures to this page in opposition to what has been dubbed the "Indian River Drive/1Vlain Street Improvement Project." The cost of this project is estimated to be, 1.9 million dollars. It is our considered opinion that the proposed engineering designy 'in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park far this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature CA~Tt~~v, b sS~ L.4y~~,r~ ~ rC ~G n~ ~i r ~ ,~-~-F_ sko ~~~ © ~a~~ ~f ~ _ ~', G ~ ~ 7 ~ ~ ~~ S e ~ - ~~~ ~~K~11 ~ ~~ ~~.pi0~ ~ ~~G~XI ~~ r Gy i c~'L ~~~ ~3 f~ b f c- I ~ ~"~` ~. l ~~ t~ ~ ~~ 1,~~ ~~ ~ ~ ~ o,~~/~- ~ ,~l F" 6 Sc ~ o ~ ~ `S'T ~, d ~~~J Page [~ of PE'~ITION We the undersigned residents of the City of Sebastian, County of Indian River, State of Florida, do hereby affix our signatures to this page in opposition to what has been dubbed the "Indian River Drive/Nlain Street Improvement Project." The cost of this project is estimated to be, 1.9 million dollars. It is our considered opinion that the proposed engineering design; in~its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature 'i L ~ ~ ~-~ O~ ~o a ~ ~~5 ~ ~, C ~ ~. ~ ~U~ ~o ~a ~ ,--e s ~ ~ .-~ c~ ~ ~a z. g v~ v r L~ ~~ ~ ~ ~~~~ ~ 6 ~~,, ~` (~~N L ~ '~ ~ -~ I C ~ ~ ~(~ ava ~f, ~~E~- ' ~ ~ ~~ ~~~ ~ 1 ~`Y ~R G~ W ~ L ~ ~i d "J ~ C'~GCk.- L l%L t _ ~ LP/~-~x+"~ ./.l~- (~~__J~ !" ~ / f, Page ~~`'/a of PETITION We the undersigned residents of the City of Sebastian, County of Indian River, State of Florida, do hereby affil our signatures to this page in opposition to what has been dubbed the "Indian River Drive/1~Iain Street Improvement Project." The cost of this project is estimated to be, 1.9 million dollars. It is our considered opinion that the proposed engineering design, in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature °~ 1 ~ ~ ~ L ~/ L C' 7 In ~k ~ ~ ~ ~ ~ ~~ ~, Y -~ ~- ~~~ ~- i e ~ ~ ~, ~ ~, ~ 6 ~ ~ ~ , ~~ ~ s t ~_~ rJ ~.~~~ G~ ~~ ~ ~ l~ s ~-~ ~ C ~ VGA ,~fl `f~ ~ ~ r% ~ K ~-' ~ /~~ ,S ~" ~~ %~~ ~-~-~x-f- (~ ~ " ~~ ~~ ; ~~ ~ ~ ~` ~_ ~ m ^u n '~ ~ w ~ s u-r1 ~. ~ ~ ~ ` ' r ~~. ~ ~ ~a~~ 1 ~~~r ~ ~ ,. ;J ~ ~,1~ ~~ z ~ 1 _ ~~ ,~ ~~~" ~ -~-~;~ ,~-w~~-°~ ~ ~ / s ~~~L _ 1~~~ ~ ~iL ~. Page ~~~ of PETITION We the undersigned residents of the City of Sebastian, County of Indian Rlver, State of Florida, do hereby affix our signatures to this page in opposition to what has been dubbed the "Indian River Drive/Main Street Improvement Project." The cost of this project is estimated to be, 1.9 million dollars. It is our considered opinion that the proposed engineering design, in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address Signature t~l,J 1 k() i .~ ~ SC/ ,~ _ ~~ ~' ~ ~J` ~L~(?/~ ~_ ,/ ' z 1- u ~a ~ Jam, t~~-~~ ~~~ I~r7n st .,~:.~ ~~. ~ ~~~ -, ~;~ r y ~ ~ L ~ ~~ ~~ r ~ ~ _~-- -- ~ d ~ 5 l1v/~ ~ ~ ~ S ~ - ,~" - V Page ~ ~~ of PETITIQN We the undersigned residents of the City of Sebastian, County of Indian Rlver, State of Florida, do hereby affix our signatures to this page in opposition to what has been dubbed the "Indian River Diive/Main Street Improvement Project." The cost of this project is estimated to be, 1.9 million dollars. It is our considered opinion that the proposed engineering design, in its present form, is not beneficial to our public, boaters and motorists. Correspondingly, the present design permits the obliteration of an existing park, located behind the Chamber of Commerce, to make way for a parking lot. We are not in favor of eliminating our park for this purpose. We firmly believe through further study of this project, a more economical and improved design could be engineered to achieve the desired goal. We strongly urge our elected City Council to reconsider this matter prior to any advancement or approval of the project. Print Name Address ignature S -- J~. ~~ c~ ~' (~ ,cr1~~t,~.~ r ~ ~--~ ~ ~~ ~ cdr- 1 va ~ ~j"~ ~ J ~d ~~ ~/ tom" ~~/ / / ~ V /~ ~ ~ V / l/ //`~/'~!+~~~~'~ -f~i~~% ,_S~a ~1 ~Ca~-~ j ~ ~'t d~'r a I '~ C ~ ~ ~ ,/~r 'l ~ ~ /~ V ~i" 1' , _ 1 ~~ ~ HN fZ `3~~ of ~-'/ _~ 7 a c~ i ~~ R us ~cl~ -'~ ~~~~-L ~. Page ~ of