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HomeMy WebLinkAbout07162008Special~~~~ SE~,e'AsTU~V ~i - - - -~' HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES WEDNESDAY, JULY 16, 2008 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA PURPOSE: TO COMPLETE ITEMS NOT ADDRESSED AT 7/9/08 REGULAR MEETING Mayor Coy called the Special Meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. There was a moment of silence. 4. CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Police Chief, James Davis Police Lieutenant, Bob Lockhart MIS Systems Analyst, Rob Messersmith Announcements Mayor Coy announced the City Auction scheduled for Saturday, July 19, 2008 at the Municipal Airport, with a preview at 9 a.m. and the auction to begin at 10 a.m. She noted that miscellaneous surplus and abandoned equipment will be auctioned. Special City Council Meeting July 16, 2008 Page Two The City Attorney said we received correspondence from Indian River County regarding the Edward Byrne Memorial JAG Program expenditure of funds from drug forfeiture proceeds and said if there was no objection he would have the Mayor sign the letter, and there was no objection stated. Ms. Simchick asked that anyone interested to sign up for Sebastian soccer at the Lois Kennedy State Farm office on July 19, 2008 from 10 a.m. to 11:30 a.m. or at www.sebastiansoccer.com. 6. ITEMS CARRIED FORWARD FROM JULY 9 2008 REGULAR MEETING WHICH WERE NOT ADDRESSED (PLEASE REFER TO JULY 9 PACKET FOR BACKUP) 08.083 A. Consider Flagship Marina Offer (City Manager Transmittal, CRA Spreadsheet, 81-89 Previous Land Purchase Report, Three Appraisals (Benson, Armfield, Kleinl Under Separate Cover) The City Manager explained he provided detailed options available in the agenda packet and this was one of Council's long term goals. He said he had two appraisals done and Mr. Gilliams also had an appraisal completed and in short, Council can make an offer, review additional information, or no longer consider the purchase. The City Manager noted if the average price is offered it is something that financially could be done but there would not be room to change the property; and if over $2.8 million is offered, property changes could be done but the CRA funds would have to be dedicated for a number of years; and over the $3 million level is out of our affordability and will have negative effects in moving forward. He asked Council to look at it not from a business prospective, but as an amenity such as boat parking, community center-service enhancement which would make this fair and noted that looking at it in an enterprise fashion such as marina, the City would not see a return on those investments for quite a while as depicted on circle page 84. Public Comment Ken Moskowitz, 103 Tracy Drive, said he is a 17-year resident, boater and has nothing to gain from the purchase and he is an acquaintance of Mr. Gilliams who purchased the property in 1998 for $800,000; and noted the City inquired on the property in 2000 which was appraised at $700,000. He said the City missed an opportunity and should make every effort to purchase the property now and authorize staff to investigate full potential as a restaurant. Mayor Coy asked if we have the 2000 appraisal on file and the City Clerk replied that we do not. The Mayor asked Mr. Moskowitz to provide a copy of the 2000 appraisal to the City. Cindy Falco, said if this was before us before the Main Street project began, she would have thought this is a good idea but we have nothing to bring in the revenue if we take it off tax rolls, it's not in the best interest of the community and she encouraged Council to vote no. 2 Special City Council Meeting July 16, 2008 Page Three Keith Miller, 961 Riviera Drive, said he doesn't have the backup on this but he could not recall a business that has survived there for more than two years at that location, he noted we are laying off, freezing jobs, and suggested selling the CAVCORP property to hire more police and can't see the reason to buy the property. Bill Bodon, 614 Easy Street, said common sense tells us we need to find jobs, removing the property from the tax rolls is not good, and noted the property's business fell on hard times due to the ownership. Todd Klitenic, stated the City did not want to buy the property because it was owned by Mr. Gilliams. He suggested Mr. Gilliams sell the property to Hooters to bring life to this boring town. Richard Gillmor, 744 Kroegel Avenue, said he did not think the City should buy another piece of property, the best use is a marina and restaurant so for us to buy it and turn into parking lot doesn't make a whole lot of sense, and suggested someone else buy it and then we can still eat and drink there. Walter Barnes, 402 Azine Terrace, said the City is wasting time on this process, the property has been on market for years, the owner can't sell it, and maybe the owner is waiting for the City to get him out of a mess. He noted the City Public Works Department has enough to do and asked if the City would bail out Capt. Hiram's if they fell on hard times. Jim Sunnycalb, said this would be a great project but keep in mind the economy is bad, let's make sure every thing is checked out, noted a lot of times you end up buying someone else's trouble, and suggested not paying too much in today's market. Council Comment Mayor Coy said the City doesn't need to go into marina business, there isn't deep water to attract big boats, she can't see taking it off the tax rolls, and the business under proper ownership, could be successful. She said we should not be in a hurry since the market is changing drastically, and maybe we can get it a fire sale price. She said she is willing to negotiate a lower price. Ms. Simchick said she is not willing to make offer this evening without proformas, financial statements, asked what public service this would provide for our citizens, and said if it is to be a community center it should go to the Parks and Recreation Committee to determine what square footage is needed. Mr. Neglia said he doesn't see the City going into the restaurant or marina business. He noted a lot of things have to be done to the building, a marina would require a breaker wall, and if the City can get a good deal go for it, but not now. 3 Special City Council Meeting July 16, 2008 Page Four Mr. Paternoster said in the past he inquired about the cost to make a new community center hurricane proof so it can act as a shelter and pointed out he would not want a shelter right on the water. He said it should remain a marina; it doesn't need to be taken more off the tax rolls, if it is a made into a parking lot, what would people come to see. He said on the flip side, we are a boating community, have 6,000 registered boats and he would go along with expanding the existing ramp and creating more parking and if we stop the Main Street project we could build another ramp by the twin piers. He said he is not inclined to make any moves on this tonight and reminded it will be a cost to the City to have the building knocked down. He suggested closing Sebastian Blvd. or Harrison Street to expand the park either way, a concession stand would be user friendly, or a band shell would draw people to visit. He said he would like to know exactly what would be done with the property before making a determination either way. Mr. Wolff said he thinks this property is unique in it's location across from the Yacht Club and diagonal from Riverview Park; and there are only two properties the City should look at which is the old Wal-Mart property and this one. He noted last week the City spent $2.4 million for a parking lot and this week riverfront property which can remain in stewardship for future generations with a $3,000 tax income is suddenly a significant amount of money. He pointed out there are no jobs there, the proforma shows a 36 year payback time, which he is doubtful anyone would undertake. He doesn't think the City should be in business of any sort, but it is a tremendous opportunity and the rush is that another buyer might come along. Mr. Wolff said the agenda calls for authorization for the City Manager to make an offer on the property, he complimented the City Manager for checking this out and working with Mr. Gilliams and he hoped the possible dismissal won't put the City Manager off from looking into other potential purchases. Ms. Simchick asked what should be done with the property. Mr. Wolff suggested purchasing the property, raze the building and figure out the best way to serve the community. The City Manager said if the parcel can be bought for $1.5 to $2 million that would be great and would advise not to purchase at any level over that as the appraisals gave high marks for the marina use that even Capt. Hiram's and Squid Lips do not receive. He said he did not think Mr. Gilliams would accept a $1.5 million offer and advised if not that Council to move on. The City Manager said he offered Mr. Gilliams a contingent $2.5 million but he declined, and he requested guidance from Council. Mr. Neglia said he is afraid of how long the parcel will be barren before we can develop and the City Manager said the CRA is open for another major project in 2009. Ms. Simchick asked what is a fair price for the raw land and marina. The City Manager said $1.5 million but he knew Mr. Gilliams refused a $2.7 million offer and he did not know what else to provide to Council other than future use and plans. He pointed out the appraisals have discrepancies in that Vero Beach Marina is charging $10-12 a square foot where the 4 Special City Council Meeting July 16, 2008 Page Five boat is protected, has a dock master and then to charge the same amount at Flagship with no protection and open to the elements is not fair. Mr. Paternoster suggested telling the City Manager to make the best deal and go, or it's a no-go. Mayor Coy suggested a time limit of six months and in the meanwhile Council members can individually discuss what to do with the property with the City Manager. Ms. Simchick asked to confirm that Council did not want to get into the marina business. Mr. Wolff asked if any members want to run a marina, and everyone said no but Mr. Paternoster did not want to lose the slips out there but would forego everything to make the ramp wider. Mr. Neglia suggested finger slips that could be rented out. It was the consensus of Council to let the City Manager negotiate for six months with Mr. Gilliams. The Mayor called for recess at 8:02 p.m. and reconvened the meeting at 8:17 p.m. All members were present. 08.084 B. G & R Development, LLC Airport Lease Agreement and Lease Option Agreement 91-144 (Airport Manager Transmittal, Lease Agreement, G & R Business Plan for Condominium Hangar Project at X26) The Airport Director said G & R Development made an application to develop condo hangars on the west side at the Airport through a negotiated lease with three phases. He drew Council's attention to "landlord provided infrastructure items" to include a fire hydrant and 5,000 cubic yards of fill dirt. There was no public input. Council Ms. Simchick asked about providing the delivery of the fill on circle pages 92 and 98, noting it will tax City equipment, personnel, and gas to have the fill delivered and suggested the delivery be eliminated. She also asked about allowing the company to come under the City's wind insurance policy. The City Manager said the City would not insure their building. Ms. Simchick said when all the condos are sold out, and there is a new sublease, there isn't language that the condo association should be incorporated, and asked if that needs to be changed for our safety. The City Attorney said on page 124 it states "legal entity" which covers it. Mr. Wolff asked if the 30 year lease starts anew at that point. The City Attorney said yes. Mr. Wolff asked how long the actual lease is; the City Attorney said when they get phase III done and receive a certificate of occupancy the 30 years will begin. The Airport Director said we assume they will be done in five years and at that point, they have a new 30 year lease with the new condo association. 5 Special City Council Meeting July 16, 2008 Page Six MOTION by Mr. Wolff and SECOND by Mr. Paternoster to approve the Airport lease agreement with G & R Development. Mr. Neglia asked about the fill which belongs to the City. The City Manager said the agreement states as long as the City has availability of fill, they can use it. Mr. Wolff confirmed the availability of fill is for Phase I and II, and optional in III. Ms. Simchick asked if the motion includes paying for the delivery of the fill. Gabrielle Ferrer, 3702 N. Hwy. A1A, N. Hutchinson Island, representing G & R Development, said the SheltAir agreement included many options they are not receiving and offered to re-negotiate the agreement, pay for fill delivery if the lease is extended for 5 years. The City Attorney pointed out the Charter does not provide for 30+ year leases at the Airport. Mr. Ferrer asked if the second term could be for 30 years and he will deliver the fill. The City Manager said the fill is $200 a truckload, a $40,000 value, using only airport ops, costing $500 to $1,000 of our time and equipment. Roll call on the motion was as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: 0 5-0. The Airport Director requested a motion on exhibit D, circle page 123, the lease option agreement. MOTION by Mr. Paternoster and SECOND by Mr. Wolff to approve lease option D. Roll call on the motion was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None 5-0 08.024 C. Airport -FPL Utility/ITT FAA Navigation Tower Easement (City Attorney Transmittal, 145-150 Grant of Easement w/Legal and Schematic, 2/13/08 Minutes Excerpt, Airport E-Mail) The Airport Director said this is needed to provide permanent power for the tower MOTION by Mr. Neglia and SECOND by Mr. Paternoster authorize execution of a utility easement at the airport to FPL to service the FAA radio tower. Mr. Wolff said because his childhood friend works for FPL, he will vote against this. Mr. Paternoster asked if the tower comes down, is the verbiage standard on circle page 146 stating the easement is granted for $1.00. The City Attorney said yes, FPL is good about abandoning easements if they are not needed any more. 6 Special City Council Meeting July 16, 2008 Page Seven Roll call on the vote was as follows: Ayes: Simchick, Coy, Neglia, Paternoster Nays: Wolff 4-1 08.085 D. First Reading of Ordinance No. 0-08-05 -Marina and Dock Facilities -Electrical and 151-168 Lighting Plans -Set Public Hearing for 8/13/08 (City Attorney Transmittal, Proposed 0-08-05, City Attorney Memo 6/9, Proposed 2008 ZTA #1, and P & Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 543- 11.40 COASTAL RESOURCE IMPACT ANALYSIS: MARINAS AND DOCK FACILITIES TO ADDRESS ELECTRICAL AND LIGHTING PLANS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. The City Attorney read the title and explained this was taken to the Planning and Zoning Commission (P & Z) as discussed in the past by Council that electricity would match up every 10 feet as in a home; however, P & Z chose to completely rewrite the ordinance and he drew Council's attention to circle page 154 noting among the things to submit for a dock are: "A utility and lighting layout plan. Service may be provided to slips that have been permitted and authorized for use, as well as incidental service for maintenance and lighting of the docks. In addition to immediate environmental impacts, lighting shall also be sensitive to the nearby nesting turtle population." The City Attorney said this is only place in our code that we talk about what would be on docks and P & Z's thinking was there is more than electricity to a marina such as water, potential for cable, and they wanted to leave these in discretion of plan's reviewer to look at. Cindy Falco, Sebastian, said it sounds like good thing, and asked if this provides for electricity each 10 foot portion of a dock. The City Attorney said originally it was proposed to set a distance, but P & Z wanted to optionally provide utility services to docks approved, shown in a plan and provide incidental utility services for docks as needed. Damien Gilliams, 1623 US 1, asked after a year and three hurricanes, can he light up his dock. The City Attorney said if this is adopted, this would allow for lighting. Mr. Gilliams asked about pedestals that have 30-50 amp service that were existing previously. The City Attorney said if that is a slip authorized to be used, yes. Mr. Gilliams reiterated, if the City issued permit to build a dock/replace a dock and the dock is existing, is it o.k. to electrify the slip. The City Attorney said no, because the docks were rebuilt from what was previously authorized and the 50 amp pedestals were not permitted and authorized for use. 7 Special City Council Meeting July 16, 2008 Page Eight Mr. Wolff asked what constitutes a boat slip being non-usable. The City Attorney said in this case, the marina came first with 49 slips, than the restaurant came without sufficient parking, so the applicant gave up marina slips, then the applicant wanted an apartment so he gave up some more parking, then the restaurant expanded onto the deck so he gave up marina slips, so it's been a voluntary thing by the owner through the process of approvals over the years. Ms. Simchick said we are back to square one in assuming transient slips will need 9:01 pm electric and asked why the transient slips could not be electrified. The City Attorney explained there are three types of slips: full marina use, transient parking, and the additional 22 approved slips that are not to be used at all and P & Z designed this to allow transient slips to be electrified. He also explained the pedestal is a larger amp/220 volt to charge boats, and along the dock you should be allowed to have 110 volts for power washing, and radio. In reply to Ms. Simchick, Mr. Gilliams said he has 47 slips. Mr. Paternoster said a year ago, the whole Council said to electrify the 22 slips. The City Attorney explained a free standing marina was built, it had 49 slips with parking, then the owner put in restaurant at the site, there was not sufficient parking, during approval it was offered that X number of slips would not be used in exchange for the restaurant parking. Ms. Simchick asked everyone turn to page 154, and in section H, and asked if "authorized for use" was struck, could all 47 slips be electrified. The City Attorney said it depends because there are two sets of permits, it has been permitted as a structure but not permitted for use. Ms. Simchick than asked about striking "authorize for use" and "permitted to be built." The City Attorney said than the next issue is when he rents out the slips, do you want Code Enforcement to ignore use when it hasn't been authorized to be used. Mayor Coy asked for a point of clarification of what kind of permit was authorized to be rebuilt. The City Manager said there was old agreement exchanging slips for parking, a permit was issued to rebuild after the hurricanes and pulled it back when the City didn't feel it was applied for in good faith. The City Manager said the first issue is to fix things going forward in what can be lit and what shouldn't be lit at docks within the City; and the second issue is Mr. Gilliams' wanting to use all 47 slips requiring a variance and an amendment to old agreement should be considered, he will get heavy amp for 25 slips and 120 volt for the rest. Mr. Wolff said if a businessman comes in why wouldn't we want to encourage as much business as possible with 220 volt for each slip. The City Attorney said he was trying to write a governmental regulation and assumed a pedestal is in between every other dock and after the hurricane a counter permit was issued based on a stand alone dock for replacement of docks but so he didn't lose the land use of the docks, the property owner was always supposed to get 8 Special City Council Meeting July 16, 2008 Page Nine another place to park cars, such as valet parking, using other land, and if we did not allow to rebuild in the footprint that he had, he would have lost all of his land use rights with the state. The City Attorney said if Council wants Mr. Gilliams to use the docks, he will need to do a variance and address the agreement. Ms. Simchick disagreed with the City Attorney and said if the language is changed in section H, striking "the authorized for use" and put "have been permitted and built" it will help Council's initiative for transient boats. Mr. Paternoster agreed and would like Mr. Gilliams to have use for all of the piers. The City Attorney explained there a number of things that have to happen that are Council initiated: eliminate the resolution having the limitation (outdoor seating on the restaurant); modify the site plan; and give a variance for parking. Ms. Simchick asked how many parking spots a transient slip receives. The City Attorney said the next ordinance clarifies transient live aboards and transient parking spots and P & Z is recommending one parking space for every three boat slips. Ms. Simchick said she doesn't want to touch the agreement regarding seating Mr. Paternoster asked if we should do everything as a package. 9:20 pm Mayor Coy said this facility has seen more overnight transient use and asked what is wrong with authorized use. Mr. Paternoster said only 25 slips are authorized. Mr. Neglia asked what if the voltage was the same for all of the slips. The City Attorney said P & Z's concern was if the slips are ready to use and all are used with the heavy amp, there is an enforcement problem. Discussion followed on if the ordinance was designed just for Mr. Gilliams or the economic development of the City. Todd Klitenic, 1274 Barber Street, said everybody has a right to electricity and urged Council to support the electrification of the slips. Fred Clement, 302 Easy Street, described his transient boating trips. Ken Moskowitz recalls this meeting a year ago and if the variance is still available that was then, Council should direct staff to get it done. Council 9:47 pm MOTION by Ms. Simchick and SECOND by Mr. Wolff to pass Ordinance 0-08-05 with modification on letter H to read, "Service may be provided at slips that have 9 Special City Council Meeting July 16, 2008 Page Ten been permitted and built, and then incidental service for maintenance and lighting of the docks. . " Mr. Neglia asked what effect it would have on other businesses. The City Attorney said future staff will have problems with interpretation because of the word permitted and suggested if Council wanted to say "slips that have received a building permit," to specify the type of permit, it would be helpful. Ms. Simchick modified and Mr. Wolff concurred, her motion to read, "Service may be provided for all slips that have been permitted by the City's Building Department and built, and then incidental service for maintenance and lighting of the docks. ." Mr. Paternoster asked if this will cover Mr. Gilliams' situation with the 47 slips, and the City Attorney said no; he will still need to modify the site plan, abolish the special use resolution, and apply for a variance. Mayor Coy pointed out that changing the words "authorized for use" won't make a difference to Mr. Gilliams today because at the end of the four steps, he will be authorized for use. Ms Simchick said we are in a round robin. Mr. Wolff said it is not in Mr. Gilliams' interest to put in for a site plan modification and we are wasting our time. The City Attorney said the site plan is a unified site plan covering both the dock and the restaurant and the variance would also be overall. MOTION by Mr. Neglia and SECOND by Ms. Simchick to extend the meeting passed with a voice vote of 5-0. Mr. Paternoster said there were modifications that were going to be made but they didn't meet Mr. Gilliams' satisfaction and maybe someone reneged. The City Attorney said he laid out the four steps and one step was the special use resolution which Mr. Gilliams asked to withdraw and the other thing staff was trying to do was think about one parking space for one transient slip which was felt to be overkill, so staff has been trying to make this a unified package. 10:01 pm Ms. Simchick said if he has to resubmit the site plan, it isn't happening because today's code has more stringent parking and she asked the Growth Management Director how many slips are to be electrified. The City Attorney said electricity is in all 47 slips. Mr. Paternoster said only 25 are permitted for use. Ms. Simchick asked how many slips were authorized by the Building Department which was 47. Ms. Simchick said to do everything without the site plan modification, and the variance will follow to the next owner. The City Manager advised to loosen up the regulations so the next owner doesn't have the one space to one slip problem, then do a variance which will follow to the next owner. The City Attorney did not agree with the City Manager's opinion. The City Attorney said the condition would need to be removed from the site plan. Ms. Simchick said if the condition is removed from the site plan, it would need to 10 Special City Council Meeting July 16, 2008 Page Eleven come up to code which is more stringent than the 1998 code. The City Attorney said if he expands the restaurant, he would have to come up to code. The Growth Management Director said a variance could override the 2008 code requirement. The City Attorney said the bottom line with the variance is you can name uses with this many parking spaces and you are o.k. but another issue a year ago was that the request to add more seats to the restaurant under the awning was happening at the same time. The City Attorney reiterated what is needed: remove condition of resolution, administrative change to site plan approval, pass a resolution rescinding special use resolution, and grant variance for parking with removal of the limitation of the seating Ms. Simchick rescinded her motion and requested an a-mail from the City Attorney recapping the needed procedures. MOTION Mr. Paternoster and SECOND by Ms. Simchick to pass on first reading and set the public hearing at the time the variance is considered for parking which will happen within two months. Roll call on the motion was as follows: Ayes: Coy, Neglia, Paternoster, Simchick, Wolff Nays: None 5-0 08.086 E. First Reading of Ordinance No. 0-08-06 -Marina Parking Requirements -Set Public ass-2o2 Hearing for 8/13/08 (City Attornev Transmittal, Proposed 0-08-06, 6/19/08 P & Z Minutes, Proposed ZTA #2, P & Z Backup from 3/6/08, City Attornev Memo 2/28/08 GMD Sample LDC Provision) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-3- 15.2 PARKING SPACES REQUIRED BY USE TO ADDRESS MARINAS AND WATERFRONT RESTAURANTS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. The City Attorney read the title and advised to pass on this on first reading, set the public hearing on night the variance is considered for the Flagship Marina within two months. MOTION by Mr. Paternoster and SECOND by Ms. Simchick as previously stated by the City Attorney. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to continue the ease of enforcement of commercial signage, carry the ordinance (item F) to the July 23~d meeting, and move up item G for consideration passed on a voice vote of 5-0. 11 Special City Council Meeting July 16, 2008 Page Twelve 08.054 F. First Reading of Ordinance No. 0-08-07 -Specified Commercial Signage -Set 203-214 Public Hearing for 8/13/08 (Growth Management Transmittal, 0-08-07 P & Z Minutes 5/14/08 and 6/19/08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ENACTING TEMPORARY RELIEF MEASURES FOR SPECIFIED COMMERCIAL SIGNAGE TO ADDRESS THE CURRENT ECONOMIC DOWNTURN; PROVIDING FOR SEVERABILITY, CONFLICTS, SUNSET AND EFFECTIVE DATE. Preceding motion carried this item to the July 23~d, 2008 meeting. 08.087 G. Consider Offer to Compromise Fine Amount and Authorize Release of Lien in Code 215-219 Enforcement Case #07-03445 for the Amount of $5200 (City Attorney Transmittal) The City Attorney advised this involves the KB Home sales trailer on CR510 which sat long after they no longer did business in the area. He advised Council that the primary purpose is to achieve compliance and they should consider how severe the threat was to public safety. He also explained that KB Homes does not have any property here and we would have to lien records at another location. There was no public input. MOTION by Ms. Simchick and SECOND by Mr. Wolff to authorize the fine of $5200 in the case #07-03445. Mr. Neglia wanted to make a motion for $5500 plus cost and interest. Mr. Paternoster noted $5200 is 1/7 of what they owe and he wanted to consider 1/3 as they were properly notified, the trailer remained after the notice, we are talking about a corporation, maybe $8000 for the trouble involved. Mayor Coy agreed the amount is lowball and would like to see at least 50%. The City Attorney said one concern is we are not sure what kind of assets they have, it is actually Treasure Coast KB Homes LLC, don't know if property left so we have to go after bank accounts which would be difficult. Ms. Simchick said the most important thing is compliance and asked if we want to exercise the City Attorney in this manner. Discussion followed on offering a counter fine. Ms. Simchick withdrew her motion. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to counter with a $10,000 fine from KB Homes for all of the City's efforts in this matter. Roll call on the motion was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: 0 5-0 12 Mayor Coy adjourned the Special meeting at 10:30 p.m., and the following items will also carry to the July 23~d meeting: 08.088 H. CITY MANAGER MATTERS -Movies in Park (City Manager Transmittal, DVD on 22t File in Clerks Office) 7. CITY COUNCIL MATTERS 8. ADJOURN (Special meetings shall adjourn at 10:00 pm unless extended for up to one half hour by a majority vote of City Council) Approved he August 13, 008 Regular City Council Meeting. Andrea Coy, Mayor ATTEST. Sally A. M ' , MMC -City Clerk 13