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HomeMy WebLinkAbout09102008cm' ~ ~~il -._ . .. - HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 10, 2008 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the regular meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. A moment of silence was held in honor of those who perished as a result of the September 11, 2001 terrorist attack. 4. Council Member Wolf read the Civility Pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: 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 Police Lieutenant, Bob Lockhart Police Lieutenant, Greg Witt MIS Systems Analyst, Barbara Brooke-Reese MIS Systems Analyst, Rob Messersmith 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Coy requested authorization to hold and broadcast the upcoming Sebastian Property Owners Association, and Sebastian River Area Chamber of Commerce candidate forums on October 6 and October 17th. Regular City Council Meeting September 10, 2008 Page Two There was no objection to placing the item on the consent agenda. 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. 08.101 A. Presentation by Chris Pinson, Relay for Life Chris Pinson, Co-Chair, North County Relay for Life, gave a brief update on the 2009 Relay for Life Event, announced the kickoff party is Wednesday, September 24, 2008 at Marsh Landing, and urged everyone to participate in the 18 hour overnight team fundraiser "Surfing for the Cure". Ms. Simchick asked if the City Manager could put out an a-mail to City employees asking if anyone could attend the kick-off. 08.102 B. Presentation by Kay Clem, Indian River County Supervisor of Elections Re: Election Costs Kay Clem thanked the City Council for offering an early voting site over the years, said she took the time to take a good, hard look at costs, that her costs have gone down and she was able to get a cost of $ .45 to $ .50 per registered voter, that Sebastian will have its own ballot. She said she will charge only the cost of the ballots, that there are currently 14,723 registered voters in Sebastian, and further explained other costs involved in the election. Mr. Neglia asked for Sebastian's cost. Ms. Clem said right now it is about $13,000.00 at $ .45 to $ .50 a voter. Mr. Wolff said when Sebastian moved to November election we were told we would experience significant savings and asked what will happen next year when there are no County elections taking place. Ms. Clem said the costs should run very much the same as they were when we had March elections, and last year Sebastian paid $29,000. She said right now she could not really tell, but after the general election, she could total the costs and divide it by registered voter. Mr. Wolff reiterated the absentee cost is approximately $7.00 or $8.00, and asked what is the cost of a voter coming to the polling place. Ms. Clem said probably half of that. Mr. Wolff asked what happens in an election year when there are no challengers and Ms. Clem responded that there would be no ballot to print. 2 Regular City Council Meeting September 10, 2008 Page Three Mr. Paternoster asked if someone would be able to oversee the counting. Ms. Clem said people from the political parties with computer experience are allowed to observe, but there is glass around the tabulation room, and the Canvassing Board is made up of Peter O'Bryan, Judge Joe Morgan, and Judge David Wild who are open and honest. C. Brief Announcements i. 9-11 Memorial at Riverview Park on Thursday, September 11, 2008 at 8:46 am Mayor Coy announced the 9-11 Memorial Event in Riverview Park and in Vero Beach at Riverside Park at 8:30 am and if residents are unable to attend, take time to reflect on that day seven days ago. 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 - 8/20/08 Budget Workshop 15-26 B. Approval of Minutes - 8/27/08 Regular Meeting Added C. Candidate Forums SPOA - 10/6/08 and Chamber 10/17/08 MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve consent agenda items A, B and C passed on a voice vote of 5-0. 9. 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. None. 10. PUBLIC HEARINGS -none 11. UNFINISHED BUSINESS 08.025 A. Natural Resources Board (Council Transmittal) 27 Mayor Coy said when the Tree Board and Temporary Environmental Advisory Committee were combined, there were some difficulties, but she did not want to see the Natural Resources Board disbanded. She described a project they conducted last weekend at one of the City parks, along with volunteers and City staff. She said her expectations of the Board are to handle Earth Day, Arbor Day and the Champion Tree program, not solve the world's problems. She said she would like to remove a member of the board for cause who acted very inappropriately at the last Council meeting. 3 Regular City Council Meeting September 10, 2008 Page Four Ms. Simchick said she was the other member mentioned in the transmittal who was seeking removal, and she was aware of a member who was not happy with a staff member, and said when a relationship is deteriorating someone should bow out and she was looking to remove Todd Klitenic for no cause, no prejudice. She said she hears that there is interest again and people want to sit on the board, and would prefer to remove the member. Mr. Neglia said he has gone to every meeting of the Natural Resources Board since its creation, noted they stray into other areas, and he would like them to add Pelican Island Wildlife Day to their events. He said he received calls today to keep the board going to work on the Codes. Mr. Wolff said he was aware of the problems with the Board and they have gotten off course. He said, after sitting in on a few meetings, we need a better recruiting effort to build the board to a sustainable level, and suggested the Pelican Brief, through human interest articles. He questioned whether a staff member needs to be in attendance at the Natural Resources Board meetings. The City Manager said Planning and Zoning needs to have staff involvement. Mr. Wolff said he noticed the members look to the Environment Planner for her okay, and perhaps they should be empowered by staff, and that is where some of the personality problems come in and perhaps it could be monitored. He said he was concerned that we would try to remove someone who speaks out. He said he did not think Mr. Klitenic was being malicious, though misdirected. He said if we don't recruit, come up with creative ideas for fresh blood, or the board is not going to be successful. Mr. Paternoster said he agreed with the majority of what Mr. Wolff said, and had met with the City Manager, Mr. Klitenic, and Harvey Wheeler. He said it was suggested the Board meet from September to April unless there was something specific for Council to have them work on. He said at the last council meeting, the City Manager was inclined to sunset the committee, and that Mr. Klitenic was concerned about losing three good members because of the demeanor of the Environmental Planner. He said he had asked for credentials of the Environmental Planner, and he believed Mayor Coy and Ms. Simchick want to dismiss Mr. Klitenic because of what he said. He said it is intimidating for people to come before Council, and Mr. Klitenic may not be the most oratorically correct individual, but just because he steps up and airs an opinion, he imagined people are subject to the guillotine. He said a lot of people won't come up to the podium because they are not able to speak the way they wish to. He said we should not consider removing a member because we don't like what he has to say. Mayor Coy said since she has been on Council two people have been removed from Boards, one who was a friend of hers that came to the podium to say something she should not have; the other was the Planning and Zoning Commissioner who was suing the City and using the name of the City in vain. She said the same thing happened last week, when Mr. Klitenic chose to speak here and used the name of the board in vain. 4 Regular City Council Meeting September 10, 2008 Page Five She said she met with Ginny Koerner, and Cindy Schuster, noted there are two applicants who have expressed interest, and the City Clerk noted four applications had been submitted. Mayor Coy said her friend removed herself, and as much as she would have liked to keep her, the woman's action was inappropriate. Mr. Paternoster called for a point of order and asked if a previous removal had cleared through legislation and if it should be discussed at this time. The City Attorney advised not to discuss the details of what is going on. Ms. Simchick said without cause is without prejudice and asked what the requirements are for "without cause." The City Attorney said it requires four votes, is an administrative decision, it would be Council's option to decide on whether to take input; a "with cause" action is two steps, majority vote to send notice and then a hearing to show the cause. Ms. Simchick asked what were some of the criteria for removal "for cause" and Mr. Paternoster called a point of order. Mayor Coy said when we removed a Planning & Zoning member without cause; we did not have public input. The City Attorney read the criteria for removal "for cause" from the code. Ms. Simchick said again, she feels that the relationship has dwindled, without cause is appropriate and thank him for his service. MOTION by Ms. Simchick and SECOND by Mayor Coy to remove Todd Klitenic from the Natural Resources Board without cause and without prejudice. Mr. Wolff said he didn't know we were coming here to do this but hoped to rejuvenate the board and he asked the City Clerk about the applications received. The City Clerk explained she did not have the names with her but there are four applications on file. Mr. Wolff said he would be interested in hearing the public. Mayor Coy said it is not appropriate and asked the City Attorney if they had set precedence when they removed the P & Z member. Mr. Gilliams said something from the audience and Mayor Coy gave him his first warning. The City Attorney said they did not take input but the members could overrule the chair if they would like to include public input. Mr. Paternoster asked if input should be taken if the motion is already on the floor. The City Attorney said they could debate amongst themselves, but not at this point. 5 Regular City Council Meeting September 10, 2008 Page Six Mr. Neglia suggested filling the board vacancies, give it two months, and tell the Board to educate the people. Mr. Neglia said he isn't a very good speaker but, Todd Klitenic's message was loud and clear. Mr. Paternoster called for the question. Roll call on the motion was as follows: Ayes: Neglia, Simchick, Coy Nays: Paternoster, Wolff 3-2 failed (requires four affirmative votes) Public Input Ginny Koerner, Chairman of the Natural Resources Board, said they had a successful Earth Day in Vero, even though they did not have press coverage, people told her that Sebastian rocked because of the gifts and teaching tools the Board provided. She said another board project was the Periwinkle Stormwater Park where three members came to pull vines and took down trees in the way of light to protect gopher tortoises. She said Margie Reynolds is an excellent teacher, and the problem with the board is a lack of participation. She said she came up with an eight page teaching tool that is running on Channel 25. She said the board is very excited about what is going on and said former member, Harvey Wheeler, brought up the idea of using prism blocks in docking material. Mayor Coy reminded her we are still under Unfinished Business and her five minutes was nearly up. Ms. Simchick asked Ms. Koerner if the Natural Resources Board had sanctioned what Mr. Klitenic said at the last Council meeting. Mr. Wolff said Ms. Koerner resigned at the last meeting and was cajoled to stay on. He noticed the Board was tackling items that are far beyond their purview, the meetings go back and forth on subjects and digress. He suggested the board take baby steps and grow into a force where they can tackle bigger issues. Ms. Koerner said she intended to stay on, and had resolved to take baby steps and would take on recycling bins as a first step. She said she needs people to be there if they are going to commit. Mr. Neglia asked her to stay because she is a strong leader and we have to try to forget personal issues, and we can start fresh. Ms. Koerner said for the most part they don't have hostilities, and one member speaks for the board without permission. Damien Gilliams, 1623 US 1, read the Council's rules and procedures for public input and stated it is allowed under Unfinished Business. 6 Regular City Council Meeting September 10, 2008 Page Seven Mayor Coy gave him a second warning and told him to keep his input to the Natural Resources Board. Mr. Gilliams said this Board is needed; there should have been exit interviews to find out the problem, and that it is intimidating to present to someone up at the dais. He said you have to entice volunteers to the City with benefits. He said he knows Mr. Klitenic and he would not have spoken unless he knew something was wrong and he noted there are personalities involved. Harvey Wheeler, Seahouse Street, said the Board should not be sunsetted, Ms. Koerner is a good leader, and he could not support any negative action against Mr. Klitenic. Mayor Coy asked Mr. Wheeler if he quit because of Margie Reynolds. Mr. Wheeler said this is not an appropriate time to answer that question but would talk to her in private. Ms. Simchick said if he did not disclaim it, he was saying it was true. Mr. Paternoster called for a point of order. At this point, the City Manager said any conversation about an employee was not the purview of Council, he had heard issues with Margie, her heart is in the right spot, he is not ready to do anything with her, and Council should talk privately with him about her. Mr. Wolff reminded everyone they were there to talk about the Board. Mayor Coy said she called Mr. Wheeler and asked him if Mr. Klitenic had his permission to use his name and his answer was no. Ms. Simchick said she wanted to make sure this does not happen again with another disgruntled member. Mr. Wolff said when people apply we need to tell them that if there is something they want to say they should go back and get permission from their Board. Mr. Paternoster asked if it was possible to review the applications earlier than Friday before the meeting so we can contact the applicants. He also asked the City Attorney if he gives members advice on the sunshine law and when to speak. The City Attorney said he tries to have orientation with members, and sometimes it is with the whole group. The City Clerk explained board members are advised during orientation not to speak on behalf of the Board unless it is a Board position. 7 Regular City Council Meeting September 10, 2008 Page Eight Jim Sunnycalb, 721 South Easy Street, said Mr. Klitenic did not have his permission to use his name, that Margie Reynolds is an asset to the City, and for someone to come before Council to get someone fired is wrong. He said Mr. Klitenic has a lot to offer, has a good heart, and if he is off the committee Mr. Klitenic can help him. Charles Cardinale said he believed in this Board and urged Council not to sunset it. Todd Klitenic, thanked Mr. Wolff and Mr. Paternoster for their support, said he was elected as President of the Pelican Island Preservation Society in 1996, was passionate when it comes to the Environmental Committee, and has only missed one meeting. He began describing the private meeting between Harvey Wheeler, Mr. Paternoster, and the City Manager. Mr. Wolff asked him not to get into the staff position this evening. Mr. Klitenic said he talks to Mr. Sunnycalb at his house, along with Sal Neglia. He said he is supporting Mr. Wheeler in his campaign for Council. Mayor Coy gave him a warning for mentioning the campaign and said we have heard from three people who refuted his statements and suggested it would have been helpful if he had come up and apologized to them for misrepresenting them and letting everyone know he wanted to stay on the Board. She told him his is a good guy but instead he wanted to continue the rhetoric. Mr. Klitenic apologized if he misrepresented Mr. Sunnycalb and began to say the Board knew at the last meeting .... Mayor Coy thanked him and asked him to sit down. Ms. Simchick said she had a lot of complaints, Mr. Klitenic seemed personally upset, and people shouldn't have to work to get along on our committees. She said he is her appointee and this is the polite way to have him leave based on comments she had heard. Mr. Wolff advised Mr. Klitenic to look inside and see if he is happy and wants to participate because the Board dynamics are not going to change. Chuck Lever, Sebastian, said he was appalled at the three because they talked about how bad Mr. Klitenic was which was against an earlier pledge not to air dirty laundry. Cayleen Wheeler, said she has attended meetings and the Board needs one technical thing at a time to work on to feel a little more productive. Mayor Coy called recess at 8:24 pm and reconvened the meeting at 8:35 p.m. All members were present. Mayor Coy asked Council to consider her request for removal for cause which would mean a hearing. Mr. Neglia asked to move on and continue and make this a better Board Regular City Council Meeting September 10, 2008 Page Nine Ms. Simchick said she thought Mr. Wolff's words to Mr. Klitenic were kind and reasonable. Mr. Paternoster said he believed we should move on. MOTION by Mr. Neglia and SECOND by Mr. Paternoster not to sunset the Natural Resources Board passed with a voice vote of 5-0. Mayor Coy asked for the applications and a report from the Chair at the next meeting. The City Manager offered to get with the Chair to work on a new direction and the four board-sponsored events and will offer staff when needed. The City Clerk asked Council if they wanted applications any earlier. Mr. Paternoster said he would like the opportunity to schedule meetings with applicants and the Wednesday or Thursday prior would be good for him. He also asked that applicants be called to see if they will come to the interview. Ms. Simchick asked Mr. Neglia if he participated in the Natural Resources Board meetings and he said he did not. 12. 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. Richard Gillmor, 744 Kroegel Avenue, spoke of the Keep Indian River Beautiful reuse center next to City Hall that has all kinds of free things and asked if it can be advertised on Channel 25. He gave the center's phone number and website: 388-5472, keepirbeautiful(cr~.bellsouth. net. Sandy Diephouse, 502 Park Avenue, said she thought the Mayor abuses her power. She said her neighbor told her that the Mayor was upset with the palm fronds and limbs that sat on the curb since tropical storm Fay. Ms. Diephouse called Mr. Wolff to see why the yard debris was not picked up and Mr. Wolff offered to find out. She said on Thursday Richard from Code Enforcement Board came to her house to say Ms. Coy wanted her debris picked up right away and if it wasn't picked up by tomorrow she would receive a $500 fine which would be a lien on her house if not paid. Ms. Diephouse said she stayed home from work, removed the palm fronds, and raked the leaves. Ms. Diephouse said she did not get along with Ms. Coy and has called the police department about her dog being out between 6:30-7:00 a.m., howling at 2:00-5:00 a.m. She said she felt the Police Department calls and warns the Mayor since they have not observed the dog barking or howling. 9 Regular City Council Meeting September 10, 2008 Page Ten She noted there were tree limbs out at other residences and asked why she was the only one reported to Code Enforcement. She said Mayor Coy likes women and her advances have been rebuffed. Ms. Simchick called for a point of order and asked Ms. Deiphouse to keep her report to the issues, on target, and not personal assassination. Ms. Diephouse said none of this happened until she was rebuffed. Mr. Wolff asked when the Code Enforcement officer came out if they had a written notice of complaint. Ms. Diephouse said he did not, and she did call that day and spoke to a woman who did not have knowledge of the complaint. She said it felt like it was malicious and she would like an answer as to why just her fronds had to be removed. Mayor Coy said there is not a good relationship with her neighbor, her attorney will take up some of the issues raised, and she did call Code Enforcement on the limbs lying out for two weeks. She said the limbs were not cut up for Waste Management, her sticker expired, so they were stacked by a paying neighbor and at a recent meeting she had asked people to keep in mind that no special pickups were coming and be sure to bundle correctly hoping Ms. Diephouse noticed. Mayor Coy said Ms. Diephouse has issued complaint after complaint against her and it is simply that if you don't have Waste Management service you don't get stuff picked up. Mr. Paternoster asked how the contract worked with Waste Management. The City Manager explained the standard operating procedure is yard waste pickup is cancelled before a holiday and it is advertised in the paper. He said what compounded this is the debris from Fay and the community concern to have Fay's debris picked up before hurricane Ike and Josephine blew in. He said they were waiting to see what hurricane Ike was going to do. The City Manager also explained that tropical storm Fay was not declared a federal emergency so the debris was standard operating pickup and special requests to him are picked up by Public Works in cases such as abandoned houses. In response to Mr. Wolff, he said you do have to subscribe to Waste Management to receive trash and yard debris pickup. Mr. Paternoster said the speaker mentioned Richard from Code Enforcement stated that Ms. Coy wanted him to go out. Ms. Diephouse said she did call Waste Management and was told it was okay to put out the fronds. 10 Regular City Council Meeting September 10, 2008 Page Eleven Mr. Paternoster asked how many times Code Enforcement has come out to her house for this complaint and Ms. Diephouse said only this one time and noted the lady who answered the phone did not have a record of the complaint. She said Mr. Gilliams requested and received a public record of the complaint so she felt it was backdated after the fact. Mr. Paternoster asked if the officer keeps a daily log sheet. The City Manager said there was a public record request by Mr. Gilliams and Ms. Coy was listed in the log book. Mr. Paternoster asked if the log sheet was computer generated or part of his log sheet. The City Manager said it was on the message board. The City Clerk requested that she be asked about the records request as she is the records manager for the City. Mr. Paternoster asked if this sounded like a confidential complaint, noting he has about 50 complaints about staying confidential. The City Manager explained that the code enforcement message says not to leave your name for confidentiality, so the log book will show "cc" for caller confidentiality and Mayor Coy did not request confidentiality. Mayor Coy confirmed she did not receive confidentiality. Mr. Paternoster asked the procedure for when the Code Enforcement officer goes to someone's home and then answered; they see the violation, try to contact the person, give reasonable amount of time, and they write a report and do a recheck and if they can't reach the person they send out a return receipt letter and tell the person there will be a fine and possibly come before the magistrate. He asked Ms. Diephouse if this was the case to which she said it was not. Mr. Paternoster asked why we don't have information that a call was generated and asked how it is known to keep someone confidential. The City Manager said staff will keep it confidential. Mr. Paternoster requested the records pertaining to this particular case, and said he knew the officers keep log sheets. He asked if Ms. Diephouse would like to meet with him and the City Manager the next day in his office. Mayor Coy asked the City Manager for a full blown investigation without Council members present and give a report to all Council members. Mr. Paternoster asked if the investigation requires a vote. The City Attorney said if Mr. Paternoster wants to investigate it does. Mr. Wolff explained he received a phone call from the complainant about debris not being picked up, he had seen in the newspaper that pickup was cancelled, remembered the Mayor telling the residents at the last Council meeting that normal debris pickup was 11 Regular City Council Meeting September 10, 2008 Page Twelve in operation, he drove by and looked at it, noticed it was not bundled, he called the City Manager who gave him Waste Management's number. Mr. Wolff said he spoke to George Geletko of Waste Management who said he would send out a truck. Mr. Wolff said he called back Ms. Diephouse and was told it was too late that Code Enforcement had been there and he advised her to call and see if there was a record of this call because he received another letter from a resident who received a notice of violation due to his vegetable garden. Mr. Neglia asked Ms. Diephouse if she told Waste Management she was not a customer, noting Mr. Wolff did her a favor by arranging the pickup. Mr. Wolff said he wanted to take care of it so it didn't come before Council at a meeting. The City Attorney said section 2.11 of the charter states Council can do an investigation or ask the City Manager to do one; and if not satisfied, Council can then do one. Mr. Paternoster said he wanted to check into the Code Enforcement issue. The City Manager said he would get the log to all of the members. The City Clerk said she has heard twice that records are generating themselves and noted there was a request this morning, she provided them to the person who asked for them, and this is the first she had heard of all this. (Editor's note: the request was for "A copy of code enforcement log of complaints that were filed last week (8/31/08 - 9/06/08)" She asked everyone to contact the City Clerk's office for all records requests. Mr. Paternoster asked the Clerk if it was a handwritten log from the officer. The City Clerk said her office provided handwritten telephone message book pages. The City Manager said if there is no log, we will not make up a record and took Mr. Gilliams' request as the telephone message log. Cindy Falco, Sebastian, asked where we were with the Senior Center. Mayor Coy said she would address this under her matters. Jim Sunnycalb, 721 South Easy Street, thanked Margie Reynolds, and AI Minner for cleaning up the island at Easy Street Park. He said he went to City Hall to get an application for the Natural Resources Board and it was like getting into Fort Knox, asked if applications could be put out at the back table. The City Clerk explained applications are available online and in the City Clerk's office. Damien Gilliams, 1623 US Highway 1, offered his copy of the records he had obtained for Mrs. Diephouse to Mr. Paternoster, said he hopes the community shows up when we raise taxes on September 17, 2008, asked why can't we find $470,000 to help taxpayers, said we should do a revenue cap, said the Mayor does abuse her powers because the procedures state under Unfinished Business the public is allowed to speak, he said it was time for the Mayor to step down when her neighbors are complaining about her sexual advances. Mayor Coy gave Mr. Gilliams his third warning and asked him to leave. 12 Regular City Council Meeting September 10, 2008 Page Thirteen 13. NEW BUSINESS 08.103 A. Approve FAA Airport Improvement Program Grant (Airport Transmittal, 29-58 Agreement, Application, Review) The Airport Director explained the areas outlined in the transmittal that would be covered by the grant and asked for questions. Cindy Falco, Sebastian, said this is great to receive the grant and see things progressing at the Airport. The Airport Manager said there was construction money for the road extension. Ms. Simchick said the summary described some items not in the capital improvement program, such as Taxiway D and asked where it fits in the capital improvement program. The Airport Director said the schematic (attached) given to them depicts the layout update in which the orange section, Taxiway D, was added after the plan was completed at the recommendation of the FAA. In response to Ms. Simchick, he said it would be added in the upcoming capital improvement's five years. Ms. Simchick asked the City Manager to explain why the work is to be awarded sole- sourced to the LPA Group. The City Attorney said there is a continuing services agreement with the LPA Group and this would be four projects that fall under the continuing services threshold. In response to Mr. Neglia, the Airport Director explained the grant would be for $228,000 and our portion is $12,000. Mr. Neglia asked about Taxiway E. The Airport Director said it is a portion of the original 1943 runway and the extra money is for designing drainage along with repaving the runway. MOTION by Mr. Paternoster and SECOND by Mayor Coy to approve the FAA Airport improvement grant. Roll call on the motion was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: 0 5-0 The City Attorney advised the second motion should include language that authorizes work orders under the continuing services agreement for the airport improvement program. MOTION by Ms. Simchick and SECOND by Mr. Paternoster execute four work orders for airport improvement program in planning to LPA Group not to exceed $240,086. 13 Regular City Council Meeting September 10, 2008 Page Fourteen Roll call on the motion was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: 0 5-0 08.104 B. First Reading of Ordinance No. 0-08-09 -Amending Final Date for Qualifying 59-64 Fee to Comply with New Charter Provision -Set Public Hearing 9/24/08 (City Clerk Transmittal, 0-08-09, F.S.99.092) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 38-2 PERTAINING TO THE CITY QUALIFYING FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-08-09 by title. Mr. Wolff asked why we would not want to increase the qualifying fee. The Clerk said the fee was designed many years ago to be kind to the public that might want to run, and without it the fee would be $108 under Florida Statutes. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to pass Ordinance No. 0-08- 09 on first reading and set public hearing for 9/24/08. Roll call on the motion was as follows: Ayes: Wolff, Coy, Neglia, Paternoster, Simchick Nays: 0 5-0 08.105 C. Modify November and December Council Meeting Calendars (City Clerk/City 65-69 Manager Transmittal, Calendars) The City Manager said this is for them to decide how they want to work around the holidays. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to extend the meeting until it is finished. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to hold a November 12tH and December 10th meeting with the option of a special meeting if needed passed with a voice vote of 5-0. 14. CITY ATTORNEY MATTERS -None 15. CITY MANAGER MATTERS -None 16. CITY CLERK MATTERS -None 14 Regular City Council Meeting September 10, 2008 Page Fifteen 17. CITY COUNCIL MATTERS A. Mr. Paternoster -None B. Ms. Simchick Ms. Simchick mentioned her request for a disclaimer stamp to be signed by engineers submitting applications to City Hall and asked if a similar stamp should be included on bid packages as well. The City Manager said bid plans are sealed and it is already on there. She requested a public meeting with the City Manager and Council to discuss their position on the Interlocal Services Boundary Agreement (ISBA) before the next joint elected officials meeting. She also requested the elected officials joint meeting be conducted at night so that working people would be able to attend. She noted we are the hosting committee, we meet at night, but the City of Vero does not want to meet at night. The Clerk added that Indian River Shores and the City of Orchid also did not want a night meeting. Mayor Coy suggested the options of a Saturday and bringing it up at the next meeting. The City Manager said the staff is about to meet and he offered bring it up at the September 17th staff meeting and report back to Council at their 24th meeting. C. Mr. Wolff Mr. Wolff thanked the Supervisor of Elections for coming tonight and said it shows, "If you don't ask you don't get." D. Mayor Coy Mayor Coy requested a revisit of the Capt. Hiram's Fagade, Sign, and Landscape grant request for the next CRA meeting on September 17th, at 5:00 p.m. She said she went before the Ecumenical Council to request a room and extra bodies for the Senior Center Adult Congregate Meal Program and found the issue right now is the churches already have many activities in their facilities. She suggested the City look for space at one of our facilities and the churches may offer to take turns volunteering. She said personal attacks make her more grounded and there was a lot of misinformation discussed tonight. She reminded everyone of the 9/11 program tomorrow. 15 Regular City Council Meeting September 10, 2008 Page Sixteen E. Mr. Neglia Mr. Neglia said he watched Detective Marcinik's bicycle safety program at a recent Sebastian Property Owners' Association meeting and requested bicycle regulations be placed on channel 25 to reach more residents. 18. Being no further business, Mayor Coy adjourned the regular meeting at 10:14 p.m. Approved at the Septembe 24, 2008 Regular City Council Meeting. Andrea Coy, Mayor ATT T: ~` ~ ~_ Sally A. Mai , MMC -City Clerk 16