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HomeMy WebLinkAbout02132008c~~~r ',,,~~-T HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 13, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the meeting to order at 7:00 p.m. 2. Boy Scout Troup 599 led the Pledge of Allegiance. 3. A moment of silence was dedicated to the victims of the Kirkwood, Missouri City Hall tragedy. 4. Council Member Wolff read the Civility Pledge. 5. 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 Deputy City Clerk, Jeanette Williams Records Manager, Donna Cyr Airport Director, Joseph Griffin City Engineer, David Fisher Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Police Chief, Jim Davis Police Lieutenant, Michelle Morris 6. AGENDA MODIFICATIONS Council Member Simchick announced the Sebastian River High School student presentation would be cancelled due to an emergency. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 08.015 A. Proclamation -Step Up Florida 2008 Tina Zayas, Indian River County Health Department, accepted the proclamation and invited the public to participate in the event to be held February 23, 2008 at the Sebastian Inlet State Park. Regular City Council Meeting February 13, 2008 Page Two 08.016 B. Recognition of Employee of the 4th Quarter -John Pratt Mayor Coy presented a plaque and savings bond to Mr. Pratt. 08.017 C. Announcement by Mayor Coy -City of Sebastian Recipient of the Distinguished 3 Budget Presentation Award for the Current Fiscal Year by Government Finance Officers Association (GFOA) Mayor Coy announced this is the third year for the City to receive this award and challenged the new budget director to continue the excellence in budgeting. Brief Announcements Mr. Neglia read a thank you letter from the Ecumenical Council for allowing a food box to be placed in the lobby of City Hall and asked that an Easter box be placed. Mayor Coy thanked the Fine Arts and Music Festival for such a nice event and the Clambake Foundation for serving clams during the festival. 8. ITEMS CARRIED FORWARD FROM 1/23/08 MEETING WHICH WERE NOT ADDRESSED 08.013 A. Sebastian River High School Student Presentation -Crime and Drug Use Prevention (backup previouslyprovided) This item was cancelled at the request of the instructor due to an emergency. 08.014 B. Set Bi-Annual Goals and Objectives for City Manager, City Attorney 5 As Required by Resolution R-07-31 (City Clerk Transmittal) Mayor Coy suggested each member identify three goals for each charter officer. The members started with the City Manager first. City Manager Mr. Neglia requested the City Manager have more hands on with department heads, continue dialogue in a timely manner, see issues though to completion, keep Council apprised of the City's financial stability, put more thought into issues before bringing them to Council, and in the event of his absence, appoint the City Attorney as interim manager. Mr. Paternoster said he is looking for the fulfillment of the Council's previously submitted short term goals list, requested that when soliciting input from Council, he contact all five Council members, and as to an interim there would be a conflict for the City Attorney who has his own set of guidelines to follow. Ms. Simchick requested he appoint the Police Chief to be interim manager if needed, completion of the previously submitted short term list, and provide a comprehensive report of available riverfront land (with structures and without structures). 2 Regular City Council Meeting February 13, 2008 Page Three Mr. Wolff requested a report on the impact of tax reform. The City Manager gave a brief report on methods that can be used in light of tax cuts and offered to provide a full report by the end of March detailing what needs to be done to stay within the City's financial parameters. Mr. Wolff also requested improved communications which are topical and perhaps bi- weekly including status reports when applicable. Mayor Coy requested he monitor and project the homestead exemption impact to City of Sebastian, continue quality customer service focus but monitor staff morale since they are asked to do more with less, and ensure the City's compliance with the Habitat Conservation Plan (HCP). The City Manager said he believed there will be further mandates from the State regarding tax reform. Council agreed on the following goals for the City Manager: 1 -Monitor, project and update the Council on property tax reform impact 2 -Update the Habitat Conservation Plan 3 -Streamline the process for business development/permits especially for the Riverfront area 4 -Identify riverfront property The City Manager noted the direction. Mr. Gilliams raised his hand to speak and the Mayor gave him a warning stating this is an executive issue. City Attorney Mr. Paternoster cited the letter from the City Attorney (see attached), which stated that it is may be difficult to set goals for this position since it is by nature reactive, however, said he will sit with Mr. Stringer in private to air any concerns or suggestions he has. Ms. Simchick requested the City Attorney work toward streamlining the business development process in the Land Development Code (LDC) Mr. Wolff started by stating it was his belief that the City Attorney should not be a Charter office but should report to the City Manager, and requested improved communication with Council, such as bi-monthly or monthly updates and reporting follow-up on pending directives. He stated he did not think that prohibiting political activity on City property, as mentioned in the City Attorney's letter, is a priority. Mayor Coy requested he assist the City Manager in streamlining the business development process and the Habitat Conservation Plan, and improve communication with Council whether it be in writing or in meetings. 3 Regular City Council Meeting February 13, 2008 Page Four Council agreed on the following goals for the City Attorney: 1 -Continue working on Comprehensive Land Update Plan (CLUP) 2 -Update the Habitat Conservation Plan 3 -Streamline the business development process 4 -Improve communication with Council 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 7-16 A. Approval of Minutes - 1/23/08 Regular Meeting 08.010 B. Approve $500,000 Department of Environmental Protection Grant Agreement 17-64 #G0235 for Sebastian Collier Canal Retrofit Project and Authorize City Manager to Execute (City Manager Transmittal, Grant Agreement) 08.018 C. Approve Interlocal Agreement for Coordinated Planning and School Concurrency s5-7o with Indian River County, IRC School Board, Vero Beach, Fellsmere, Indian River Shores and Sebastian -Effective March 1, 2008 and Authorize Mayor to Execute (GMD Transmittal and Memo, Agreement Under Separate Cover) 08.019 D. Award Professional Services Agreement for Comprehensive Plan Update 71-82 Consultant to Land Design Innovations, Inc. in an Amount Not to Exceed $55,000 w/ Use of $5,000 from Contingency If Needed (GMD Transmittal, RFP Committee Minutes) 08.020 E. Approve Travel for Council Member Simchick to Tallahassee for Legislative s3 Meeting -Date to Be Determined (City Clerk Transmittal) 08.021 F. Waive Bidding Procedure and Approve Expenditure of $22,877.55 for Police s5-ss Department Purchase of Nine Jaguar Portable Radios, 18 Batteries, 9 Chargers, and 9 Microphones from Communications International Inc. Based on 20 Year Contract w/ M/A-COM Wireless Systems, Inc. (PD Transmittal, State Contract No. 725-001-01-1) 08.022 G. Resolution No. R-08-03 - 1st Quarter Budget Amendment (Finance Transmittal, 89-122 R-08-03, Memo, Capital Project Status Report, Schedule of Investments, 1st Quarter Accomplishments and Operating Statement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Neglia pulled items B and C. Mr. Wolff pulled items D and E. 4 Regular City Council Meeting February 13, 2008 Page Five MOTION by Mr. Paternoster and SECOND by Mr. Wolff to approve items A, F, and G on the consent agenda. Roll call on the vote was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed 5-0. The Mayor called recess at 8:17 p.m. and reconvened the meeting at 8:34 p.m. All members were present. Item B In response to questions from Mr. Neglia, the City Manager said the Environmental Planner will be buying a kit and testing the water; and as long as whatever material is used, whether rip rap or vinyl, will treat daily maximum loads and retention, the grant could go forward and then be amended at a later date. In response to Mr. Paternoster, the City Manager said if SJRWMD says no on the cross sections, we may have to discuss that at a later time, and the City Attorney said if we don't get approved for the change we can back out of the grant. MOTION by Mr. Neglia and SECOND by Ms. Simchick to approve item B. Roll call on the vote was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed 5-0. Item C Mr. Neglia asked if the school part of the CLUP will be completed within the required time frame. The City Attorney said it was included in the scope of services that the consultant would update that element within 120 days in the agreement. MOTION by Mr. Neglia and SECOND by Ms. Simchick to approve (item C) passed on a voice vote of 5-0. Item D Mr. Wolff requested a summary of the Review Committee's decision and an explanation of how staff was able to reduce the price. The City Manager explained the process and said Land Design Innovations had more familiarity with central Florida themes which better matched the City; where Giordano had more south Florida experience. He also said the reduction was the result of sharing the City's budget, cutting out a couple of workshops, and bullet-pointed cash driven costs. MOTION by Mr. Wolff and SECOND by Mr. Paternoster to award a professional services agreement for comprehensive plan update consultant to Land Design Innovations, Inc. in an amount not to exceed $55,000 with the use of $5,000 from contingency if needed. Regular City Council Meeting February 13, 2008 Page Six Roll call on the vote was as follows: Ayes: Wolff, Coy, Neglia, Paternoster, Simchick Nays: None Passed 5-0 Item E Mr. Wolff asked if this originated in the City Clerk's department. The City Manager explained that the City Clerk keeps the legislative budget and prepares transmittals for Council travel when requested and the request came from Ms. Simchick who inquired about lobbying for the community budget requests the City Manager made to the legislature. In response to Mr. Wolff, the City Manager said he thought he had previously distributed and listed the items for the benefit of Council. Ms. Simchick explained the meetings coming up between February 18-22 and said the week would be detrimental in getting the City's items possibly moved up on the budget list, that that some of the County employees are going, and Representative Poppell has agreed to meet with her and guide her. Mr. Wolff asked if it was detrimental why would we do it and the City Attorney clarified Ms. Simchick meant it would be detrimental not to go up there. Mr. Wolff suggested Council discuss the right approach to address these concerns rather than go to Tallahassee, noting local legislators are running and supporting others and we could lobby them locally to support Sebastian issues, and if further lobbying is needed, the City could have the City Manager fly up in a rented plane for a day. He said if we are serious we need to put a plan together and then proceed. Ms. Simchick said the hard-hitters do not sit on every individual sub-committee which will meet next week, said we don't pay a lobbyist and she stepped up to the plate because she thought someone should be there, and the City Manager would make up a proposal and she would present it. She said if they didn't want her to go that she would support someone else going. Mr. Paternoster said he agreed with Mr. Wolff, Council did not know what kind of outlines she has and suggesting looking into a paid consultant. The City Manager explained the Community Development Budget request process needs both a House and Senate sponsor and he understood Senator Haridopolis would not be sponsoring requests though had heard he may change his mind. He said he had picked projects that have regional impact and submitted them, and further stated that the City should not pay outside people to lobby another level of government because elected officials like to hear from other elected officials before hearing from bureaucrats. Ms. Simchick again said she is doing this on her own time because she thought it was important for the City. Mr. Paternoster asked if there are lobbyists that work on a contingency basis, and suggested a lobbyist should accompany Ms. Simchick. The City Manager said they work on a contingency basis, but that lobbyist fee could go to something else, and again, elected officials like to hear from other elected officials. 6 Regular City Council Meeting February 13, 2008 Page Seven Mr. Wolff said registered letters should go out to Representative Mayfield, Representative Poppell, and Senator Haridopolis and play hard ball urging their support and then he is willing to send Ms. Simchick to Tallahassee. The City Manager said he has sent letters with the budget requests. Ms. Simchick said she would like to try and next year Council could play hard-ball with the legislators. She said her planned dates are February 18-20, 2008. Mr. Neglia stated he attended the delegation meeting in December and supported Ms. Simchick going to Tallahassee, hopefully she will have an impact and it is good for the City. Mr. Paternoster asked what she would be asking on behalf of the Council and City. The City Manager recommended that Council pick three of the six issues that are least controversial, supported by all members, and with regional impact which he suggested would be widening the Schumann/Barber intersection improvements to join 66th Avenue, the extension of Laconia Street to go with the 86th Avenue expansion, and the Collier Creek project. He said Laconia is scheduled by MPO for 2025. Mayor Coy said a lobbyist is not feasible, and face to face lobbying does work. She encouraged each member to get on the phone and lobby, but Council should not bring re- election. MOTION by Mr. Neglia and SECOND by Mr. Wolff to send Mrs. Simchick up to Tallahassee to lobby. The City Manager asked to include the three projects in the motion and the members advised that she should lobby for as many of the projects as she could. Ms. Simchick said her priorities were the Collier Creek project, Schumann/Barber intersection and the Laconia Street extension. Roll call on the vote was as follows: Ayes: Coy, Neglia, Simchick, Wolff Nays: Paternoster Motion carried 4-1 10. COMMITTEE REPORTS & 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. 11. PUBLIC HEARINGS -None 12. UNFINISHED BUSINESS 08.023 A. Discussion -Airport Advisory Committee (No Backup) Council Member Simchick said there seem to be quality of life issues with the airport and is receiving a lot of calls from City and Roseland residents. She said she wanted to bring the issue back for public input, and if necessary to take action. 7 Regular City Council Meeting February 13, 2008 Page Eight Dave Carvey, President, Friends of Historic Roseland, read from a prepared statement. (attached) Wesley Davis, Indian River County Commissioner, said he was asked to represent the North County community from Roseland before Council and respected the City's jurisdiction. He said there are issues they would like to see addressed and this could be done through education and suggested addressing flight patterns at a workshop. Scott Baker said before a committee is formed, Council question the need and mission for such a committee, and seek advice from neighboring communities as to whether existing committees are effective. He recommended workshops rather than a committee at this time but suggested that airport tenants, city businesses, county residents and emergency management officials should be included if a committee is formed. Jack Spitza, Roseland resident, said Sebastian's Airport Manager is always available and helpful and most times the activity is acceptable but there are times when he must leave his house due to the noise. He agreed with a workshop or committee. Chuck Lever, Mulberry Street, Sebastian, stated he is in total disagreement with forming a committee, that people who moved here had to know it was there, Mr. Griffin has done an excellent job and a committee would increase the bureaucracy. Cindy Falco-DiCorrado, Sebastian, said she has a train that goes by her house and business, understands the Council's concern for Roseland residents but there are other issues, and the airport should be developed to bring tax relief to the City. Damien Gilliams, 1623 U.S. 1, suggested sending Mr. Neglia to Washington to lobby Congressman Weldon to move the Airport. Mayor Coy gaveled Mr. Gilliams with his second warning and asked him to stick to the topic. Mr. Gilliams continued by suggesting the Airport move west to Fellsmere and the train to Highway A1A and then the scrub jays and tortoises would have plenty of land. He said the Chamber of Commerce could tout the wildlife, forget the people because they would be okay with the government checks they are about to receive. The Mayor gaveled him again, said three strikes and told him good night. There were inaudible comments from Mr. Gilliams and he sat down. Mayor Coy again said goodnight and responded, "It would be disorderly conduct." Mr. Wolff asked for a minute to figure out what is going on and why Mr. Gilliams was being thrown out. The Mayor said she would be happy to explain as Chair. Mr. Paternoster suggested a vote. Mayor Coy said her decision could be challenged with a motion. Mr. Wolff thanked her for explaining the process. The City Attorney said a second on the motion was not required on an appeal of a ruling of the Chair. MOTION by Mr. Wolff to discuss the ejection of Mr. Gilliams from the chamber. 8 Regular City Council Meeting February 13, 2008 Page Nine Mayor Coy said Mr. Gilliams was given a first warning for being distracting when he .raised his hand, was told to put it down and raised it again, was asked by a police officer to put down a newspaper and then warning number two was when he was asked to stick to topic, and when he did not he was given a third warning. Mr. Paternoster said some of the warnings were trivial and subjective. He said Mr. Gilliams was walking away when she asked him to and she did not have to tell him to keep walking. Mr. Wolff said Mr. Gilliams delivered his comments in an unorganized manner but he did not take offense to it and wasn't sure if he should be thrown out of the chamber. Mr. Neglia agreed that Mr. Gilliams was not of line, but his way of doing and saying things does irritate most people, including himself but should not be kicked out. Ms. Simchick stated this is why Council is not respected and she has a problem with him holding up the newspaper, previously bringing bags with funny hats to put on during the meeting, especially after the recent murders in Kirkwood, Missouri. She said concern for her safety, Council's safety, and Mr. Gilliams' continuous going off task and not being held responsible is a problem. She said she supported the Mayor. Mayor Coy said Mr. Gilliams is aware of the chamber's parameter and he continually seeks attention, tries to distract Council, and she find some things offensive. She said shame on Council for allowing someone to come to the podium wearing a disguise and do nothing. MOTION by Mr. Paternoster and a SECOND by Mr. Wolff to let Mr. Gilliams to stay the rest of the evening, and be allowed to have public input passed on a voice vote of 3-2 (Coy, Simchick -nay) Returnina to Item #12A -Discussion -Airport Advisory Committee Mr. Wolff said he liked the idea of a workshop with all of the parties. Mayor Coy said she would also like to have a workshop, and invited non-city residents to speak to Council at any time. She also suggested a pilot workshop and then have the pilots at a citizen workshop. Mr. Neglia suggested having periodic meetings, maybe every three to six months. Mr. Paternoster said initially a few workshops should be held, and then every six months as Mr. Neglia suggested, and the pilots should be at every meeting. Ms. Simchick said she receives calls from Sebastian residents too. She also said the City realigned the runway, and the City supported non-residents on the Chamber's Economic committee. She said she sees this as an enforcement issue or "being a good neighbor" issue and a workshop is a great place to start. The Airport Director approached the overhead screen and identified the runways. He said receives the most complaints about runway 4-22 which has not been realigned and is most used. He said runway 13-31 was closed because it would go right over the Roseland area. 9 Regular City Council Meeting February 13, 2008 Page Ten The Airport Director explained that a year ago he instituted a voluntary program to change the flight path so that is over the least populated area but still, some airplanes won't take that path. MOTION by Ms. Simchick and SECOND by Mr. Neglia to have a workshop in the near future for Airport issues passed on a voice vote of 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. A. Polly Coe - Fellsmere Day Update and Invitation (No Backup) Ms. Coe invited everyone to Fellsmere's birthday celebration, April 5th, which is falling on the exact day of the 97th anniversary of their incorporation. She thanked the Police Volunteers for their annual help with the parade. She invited Council to participate in the parade, and she thanked Ms. Maio for putting this on channel 25. Mayor Coy said she would be out of town on April 5th, but urged Council to RSVP with Ms. Coe. B. Vickie Williams - My Safe Florida Home Program Update (IVo Backup) Roy Friedrich, Dept. of Financial Security, substituted for Ms. Williams. He stated that not enough people are aware of the program and went over three segments that can be applied for. He urged everyone to apply by calling 1-866-513-6734 or online at mysafefloridahome.com. Mr. Paternoster asked to put this information on channel 25. The City Manager said he would try to put it in the Pelican Brief, the website and channel 25. MOTION by Mr. Paternoster with a SECOND by Mr. Wolff to extend the meeting until 11:00 p.m passed on a voice vote of 5-0. The Mayor called recess at 10:21 p.m. and reconvened the meeting at 10:28 p.m. All members were present. Bill Bodon, 614 South Easy Street, expressed concern for the downturn in the economy, stated it was great to see the Art Festival successful comeback and hopefully the return of the Clambake Festival, since festivals contribute revenues to our community. He said Council has expressed interest in high-paying jobs which can be achieved by three steps: let companies to know they are wanted, identify sites for light industrial at the Airport, and provide economic incentives and fast track regulatory process for businesses. He also said he would also like civility and respect to return to the chamber. Russ Owen, Sebastian, thanked Lisanne Monier for allowing clam dishes at the Fine Arts Festival and he hoped to see everyone working in November to make Clambake Festival happen. 10 Regular City Council Meeting February 13, 2008 Page Eleven Damien Gilliams, 1623, said closing the roads for out-of-town business owners was not fair to the local business people, said Indian River Drive will be realigned for more Park in the future, asked Council to look into resolutions restricting use of Jordan Park, thanked the City Manager for the wish lists for the legislature, thought a lobbyist should go to Tallahassee, will not be giving up on the citizens academy, thanked Mr. Wolff for bringing up the property tax amendment and freedom of speech, hoped Ms. Simchick can help get his electric permit for his dock while in Tallahassee, blessed Mr. Paternoster's family, and thanked Mr. Neglia for freedom of speech. Chuck Lever said it is confusing that the City Manager has been directed to watch how property tax reform will affect citizens but by the same token Council approved the $2 million on the Main Street/Indian River Drive project. He said to the Mayor that she ignored the residents that signed the petition but is listening to Roseland residents about the Airport. He asked Ms. Simchick to take into consideration that the Main Street project will bring vehicles with leaking oil closer to the river, take out trees and noted that Mr. Wolff tried to stop the Collier Creek rip rap which is made of limestone. Nate Episcopal, 374 Bayharbor, said he had concerns of people speeding at the intersection of South Easy Street and Wimbrow Drive. The City Manager said he would refer this to the traffic committee and report back to Council. 14. NEW BUSINESS 08.024 A. Approve ITT Land Lease at Sebastian Municipal Airport for FAA Approved 123-150 Unmanned 60' Radio Navigation Tower (Airport Director Transmittal, Land Lease, ITT Proposal) The Airport Director explained this tower is basically a cell phone tower for airplanes and is the next generation of air traffic control system for the FAA. Scott Baker said this is really neat for the region and just happens to be parked at Sebastian. Discussion followed that this was not a traffic tower, would not attract more planes but was simply a radio tower which would provide a measure of safety. MOTION by Mr. Neglia and SECOND by Mr. Paternoster to approve the Land Lease between ITT and the City of Sebastian. Roll Call on the vote was as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Passed 5-0 11 Regular City Council Meeting February 13, 2008 Page Twelve 15. CITY ATTORNEY MATTERS The City Attorney said they have worked out the language of the Fellsmere settlement agreement and requested an executive session if Council would like to have input. Council concurred to meet at 6 p.m. on February 27t", 2008. The City Attorney said he would get something in writing to them prior to that date. 16. CITY MANAGER MATTERS The City Manager reported that permits to begin the Easy Street improvement have been received and letters are set to go out to folks who will be affected by the construction from Main Street to Lake Street and a project time line will be forthcoming. 17. CITY CLERK MATTERS None. 18. CITY COUNCIL MATTERS A. Mr. Neglia None B. Mr. Paternoster Mr. Paternoster announced his public forum on February 26t" at 6 pm. He asked if the Clambake Festival contract will be renegotiated. The City Manager said it is on his to-do list to get with the Clambake Board and he will report back. Mr. Neglia agreed there are some things that need to be changed. C. Ms. Simchick Ms. Simchick said she would like the KIRB litter free event program incorporated into each event contract. She reported that citizens in the audience who are still having trouble hearing the City Manager and Attorney and she would like them to return to the dais. D. Mr. Wolff Mr. Wolff reported there is still a chain on the entry to Ashbury onto Powerline Road. The City Manager said he would look into it and report back. E. Mayor Coy Mayor Coy thanked everyone again for a successful Art Festival and looks forward to renegotiating the contract for the Clambake. She also said she went to local businesses to see if they were adversely affected and found businesses had increased activity due to the event. She asked Council to review the decorum in debate section of Roberts Rules before the next meeting, there are things that could be tightened up, and would get with the City Clerk to copy the members. 12 Regular City Council Meeting February 13, 2008 Page Thirteen Mr. Paternoster reminded Council that during the retreat, although the Charter says we use Roberts Rules, the City Attorney says we don't necessarily have to and Mr. Wolff said he was amused to hear her say this because of her standing when another member wanted to use the rules. Mayor Coy said she would prefer never to use Roberts Rules but there are some things that need to be tightened up like decorum. Mr. Neglia asked when the park rules would be coming back to them and the City Manager said he would put it on the list. 19. Being no further business, Mayor Coy adjourned the meeting at 11:00 p.m. Approved at the February 27th, 2008 Regular City Council Meeting. Andrea Coy, Mayor ATT T: ~~-~. Sally A. Maio, MC -City Clerk 13 FOHR Presentation to Sebastian City Council, 02-13-08 1. I'm David Canvey, current President of the Friends of Historic Roseland. 2. Our organization's purpose is to: Preserve historic integrity, Maintain the quality of life, Promote a peaceful way of life, and Protect the community of Roseland. 3. We, in North Indian River Co., realize we are part of an area community which values the ambience, life style, and the physical, social, and economic resources of the area. These are major reasons why we have located in and remain in the area. 4. Over time, changes in air traffic and flight patterns at the Sebastian Airport have created concern on the part of many North County residents that the enjoyable ambience and quality of life are being threatened. Many residents have resorted to phone calls and other contacts to Council members, the Airport manager, and businesses using the Airport. 5. Concerns over Airport impacts on North County residents were brought from our Organization's membership to our Board of Directors a few months ago. As a result, we formed an Ad Hoc Airport Committee from our general membership and began friendly dialog with the Airport manager and various flight related businesses. 6. Results of these conversations led our Airport Committee and our Board of Directors to the conclusion that we must open communications with the Sebastian City Council. y FOHR Presentation to Sebastian City Council, 02-13-08 7. In a letter to Mayor Coy, dated January 16, 2008, I, representing the Friends of Historic Roseland, requested that the City Council create an Airport Advisory Committee. This Committee could provide analysis and advice concerning operations and activities of the Airport. We suggested membership representing Sebastian, Roseland, and Airport businesses. At the same time, we also requested the County Commissioners to assist us in this regard, as the County is our government of reference. To date, I have not heard directly from Mayor Coy or the City Council. 8. At the February 5, 2008 meeting of the County Commissioners, Councilman Neglia informed the Commissioners, and indirectly the audience, that the Sebastian City Charter forbade any non-resident participation on any City committee. He stated that an Airport Advisory Committee (as we had proposed to the City Council) was not possible. (Not a quote as I have not downloaded the meeting video.) 9. During his remarks to the Commissioner's, Councilman Neglia, offered the concept of workshops to discuss issues related to the Airport. I am assuming that non-residents of Sebastian would be well-represented and that some of the issues to be considered would include those of great interest to those of us living outside Sebastian. 10. Therefore, I am here to support Council's workshops and the Friends of Historic Roseland will work to make these workshops friendly and useful to further development of the spirit of "good neighbors". 11. The Friends of Historic Roseland thank you for a place on your agenda, we thank you for your time, and we look forward to meaningful and friendly dialog. ®ff~ce of ~~e C~~ A~~o~~ey 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 To: Mayor and Council From: Rich Stringer Date: February 12, 2008 Re: Current and Upcoming "Projects" TELEPHONE (772) 388-8201 FAX (772) 388-4420 Just as it is difficult to evaluate a city attorney because, when the job is done right, the result is usually that nothing (bad) happens and there is an absence of news about it, it is likewise challenging to set goals for the position. Typically, being a city attorney is a reactive undertaking, responding to the situations that others create. However, to assist you in setting goals and objectives for me for the first part of the year, I wanted to let you know of some proactive "projects" I look to undertake during this time period. I. Comprehensive Plan Update When the Comprehensive Plan (and the Land Development Code, for that matter) was updated in the past, my office was largely kept out of the process. Current management does not have the reticence that past leadership had in taking input and legal review for growth management matters, and has expressed a willingness to allow me to be active in the upcoming Comprehensive Plan Update. In the time that I have been here, the City has not given the Comprehensive Plan the importance that the law says it is due, and as it became more outdated with the years, the Comp Plan became virtually impossible to utilize in the manner anticipated by state statutes. Accordingly, a major objective for the first part of the year is to have hands-on involvement, with due deference to the Growth Management Director and City Manager, in the development and review of the Comprehensive Plan update that will be brought before Council for deliberation and enactment. r II. Assumption of Claims Management In cooperation with the City Manager, my office has recently taken over responsibility for claims management. In the past, when a claim for damages came to the City it was processed through the Finance Department (probably athrow-back to the days when the City was smaller and the Finance Director was one of the few full-time administrators on staff), who coordinated processing the claim through our insurance carrier. When I arrived, I found that the city attorney would only be notified of a claim if a lawsuit was eventually filed, and the Finance Director would be continue to be consulted by the attorneys hired by the insurance carrier as the city's liaison for management of the lawsuit. As general counsel to the City, I changed the practice so that the city attorney's office was the point man for coordination of litigation being handled by outside attorneys. However, through the years there were occasions when I felt a matter could have been handled better if my office had been involved from the time the dispute first arose. For this reason, I began to discuss this transfer of claims management responsibilities with administrative staff. Now that these discussions have come to fruition, the goals and objectives for the office in these matters are: 1. Complete transfer of, and fully integrate, existing files into the City Attorney's system. 2. Develop and implement an indexing and tracking system for claims, tied to key dates at which time the claims mature, expire under statutes of limitations, or reach other milestones. 3. Propound an updated manual for use by departments in identifying, documenting and reporting incidences that may lead to claims. 4. In course of developing next year's budget, work with Finance to determine the best way to address claims settlement and litigation expenses, whether as a line item or interdepartmental expense. III. Public Hearings Matrix The City Clerk has told me that at one time the City followed a matrix of advertising deadlines and- meeting schedules for the various types of public hearings. I did not feel that some of the timeframes being followed met the appropriate statutory requirements, possibly due to legislative amendments over the years, so the matter has been addressed on a case-by-case basis. Both the Clerk and Growth Management staff have asked (begged?) that I create an updated matrix to assist them in providing legal notices for the multitude of different hearings required under the City Code and state law. Political/Expressive Activities on Public Property Although many will not believe it, the First Amendment does not provide afree-for-all when it comes to campaigning, protesting, advocating or otherwise engaging in expressive behavior on public property. The City has addressed some of these issues in various ways, whether by resolutions of Council, administrative policies, or legal memos from my office providing guidance on the judicial interpretations of constitutional law. The lack of a single source for black-letter guidance (in other words, an "ordinance") has left our law enforcement leadership uneasy in enforcing the rules that we have in place. There have been significant developments recently in the field of acceptable time, place and manner restrictions on First Amendment expression in public areas. A number of cases originating in Florida have been decided in the few years on many of the issues that the City has faced. I request Council authorization to develop comprehensive code provisions providing parameters governing expressive behavior on public lands within the City. This project will likely extend beyond the first half of the year, but my goal would be to provide Council with at least a legal framework for considerationwithin that time. Cc: City Clerk City Manager