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HomeMy WebLinkAbout09242008c~ cnvuF ~`v-~1. I -~ -- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 24, 2008 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor 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. 4. Mayor Coy 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 City Engineer, David Fisher Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Zoning Technician, Dorri Bosworth Police Chief, Jim Davis Deputy Police Chief, Michelle Morris 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Coy asked to add the Barber Street count as Unfinished Business item C. She said the City may want to write to the County and ask them to hold off on Liberty Park until we have made a determination. Regular City Council Meeting September 24, 2008 Page Two Ms. Simchick asked if the City could be included in the count before Liberty Park is approved and the City Manager said a statement could be made but it was really up to the County. There were no objections to adding the item. 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. Mayor Coy announced that the Indian River State Community College is offering office skills training at the Sebastian campus starting the week of September 30th and the contact number is 226-2500. Mr. Neglia reported on the Emergency Services District meeting, noting they are ready to start construction of the new fire house on Roseland Road. 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. 1-9 A. Approval of Minutes - 9/8/08 Special Meeting -Budget Hearing 11-26 B. Approval of Minutes - 9/10/08 Regular Meeting 08.106 C. Resolution R-08-21 -Final Plat for Chesser's Gap Subdivision Phase II 27-36 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CHESSER'S GAP PHASE II; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to approve Consent Agenda Items A through C. Result of the roll call was as follows: Ayes: All Nays: None Passed 5-0 9. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee membernominations and appointments under this heading. 08.107 A. Construction Board 37-43 (City Clerk Transmittal, Application, Board Member List, Ad) Interview and Submit Nominations for One Regular Member, Citizen Position -Term to Expire 9/30/2011 City Council interviewed Jean Carbano. 2 Regular City Council Meeting September 24, 2008 Page Three MOTION by Mr. Neglia and SECOND by Mr. Paternoster to extend Jean Carbano's term on the Construction Board passed on a voice vote of 5-0. 08.010 B. Parks & Recreation Advisory Committee 45-52 (City Clerk Transmittal, Application, Board Member List, Ad) i. Interview and Submit Nominations for One Alternate Member Position -Term to Expire 5/31/2011 City Council interviewed Matthew Sims. Mayor Coy noted Mr. Sim's plate was rather full during his previous committee service and he acknowledged that things have slowed down for him and parks and recreation are really his area of expertise. Mr. Paternoster cited Mr. Sim's experience. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to appoint Mr. Sims to the Parks and Recreation Advisory Committee passed on a voice vote of 5-0. 08.025 C. Natural Resources Board 53-66 (City Clerk Transmittal, Applications, Board Member List, Ad) Interview and Submit Nominations for the Following: City Council interviewed Robin Graves, fifteen year resident, who explained her involvement in Green Peace and the Sierra Club. City Council interviewed Mr. Grudens. Mr. Paternoster cited his vast experience. City Council interviewed Mr. Nelson. Mr. Nelson distributed additional information (see attached). City Council interviewed Barbara Salmon, who said she is a Florida native, raised as a naturalist and wants to give back to community. Mr. Paternoster asked about her activity in wildlife rescue and she said it was only informally. Unexpired Regular Member Position -Term to Expire 7/1/2009 Ms. Simchick nominated Robin Graves. Mr. Paternoster nominated Barbara Salmon. Roll call on the nominations were as follows: Mr. Paternoster -Simon Ms. Simchick -Graves Mr. Wolff -Graves Mayor Coy -Graves Mr. Neglia -Salmon Ms. Graves was appointed. One Regular Member Position -Term to Expire 7/1/2011 Mr. Paternoster nominated Mr. Grudens and being no other nominations, Mr. Grudens was appointed. 3 Regular City Council Meeting September 24, 2008 Page Four iii. One Regular Member Position -Term to Expire 7/1/2011 Mr. Neglia nominated Ms. Salmon. Mr. Wolff nominated Mr. Nelson. Roll call on the nominations were as follows: Ms. Simchick -Nelson Mr. Wolff -Nelson Mayor Coy -Nelson Mr. Neglia -Salmon Mr. Paternoster -Nelson Mr. Nelson was appointed. iv. One Alternate Member Position -Term to Expire 7/1/2011 Mr. Paternoster nominated Ms. Salmon and being no other nominations, Ms. Salmon was appointed. 08.107 D. Natural Resources Board Chairperson Ginny Koerner Power Point Presentation Ms. Koerner gave a power point presentation on the Board's past year events, mission statement, proposed programs such as shoreline and sea grass protection by encouraging use of prism blocks on docks through education programs and strengthening City codes to make it mandatory, educate the public on the need to remove invasive plants and to plant natives, reported on the cleanup of Periwinkle Park and pilot program for recyclables in Riverview Park with donations for aluminum to help support food banks; and described planned future endeavors such as the Native Garden. Mr. Neglia commended her on the new recycling program. Ms. Koerner said she was excited about the new members and with baby steps the committee will get their focus. Mayor Coy asked if Council members would like to agendize any of the items. The City Manager said he will work with Public Works on placing the recycling barrels in Riverview Park. Mr. Paternoster asked if she had any research on the prism blocks. Ms. Koerner asked how often the Council would like her to report back. Ms. Simchick suggested quarterly. 10. PUBLIC HEARINGS 08.104 A. Second Reading and Final Adoption of Ordinance No. 0-08-09 -Amending Final 67-70 Date for Qualifying Fee to Comply with New Charter Provision (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. (PJ 9/14/08) 4 Regular City Council Meeting September 24, 2008 Page Five The City Attorney read the title of Ordinance No. 0-08-09 and Mayor Coy opened the public hearing at 7:08 p.m. City Clerk advised this was a clean up to comply with the revised Charter. Damien Gilliams, 1623 US 1, Sebastian, said the whereas language read incorrectly and suggested there be an alternative to allow qualifying by petition. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to adopt Ordinance No. 0-08-09. Result of the roll call was as follows: Ayes: All Nays: None Passed 5-0 11. UNFINISHED BUSINESS 08.010 A. S.E. Cline Construction -Collier Creek Design/Build Contract $3.9 M (City Manaoer) 71-302 The City Manager briefly updated Council on the project, cited objections that had been received, said he has worked closely with the City Attorney on the objections, and reiterated staff recommendation to execute the staff recommendation as set out on page 73. The City Attorney advised all provisions under 15.2, 15.3; provision 15.6.2; and provision 15.6.6 regarding property insurance should be deleted as it is already covered under the performance bond. The City Manager described the work scope phases, design, permitting within 90 days, issuing the notice to proceed, and hopefully completion in an 18 month time frame. Mayor Coy asked if we are to hear input, and the City Attorney said to whatever degree public input is allowed generally it can be allowed. He advised Council to listen and not respond. Mr. Paternoster asked if a questions did arise, should they not listen at all. The City Attorney advised if there is new information that Council may want to consider they should continue to the next meeting and explore the questions with staff. Susan Truitt, Public Relations Manager, ATL, said they did submit a proposal and introduced Maria Tixson. Mayor Coy stated there would be a five minute time limit for public input. Maria Tixon, ATL, said the first material submitted by S.E. Cline material did not meet the RFP specifications, they were allowed to provide an alternative that is not in use and not tested. She said if the material was allowed, an opportunity should be given to other contractors to put them on an equal footing, and that it is capricious to allow one bidder to submit material outside the bid. Regular City Council Meeting September 24, 2008 Page Six Damien Gilliams, 1623 US 1, advised there were insurance problems encountered with the North County Pool, he asked if there is a builder's risk policy, said this is starting to sound like it needs to be looked over and rechecked, and perhaps get a second opinion from an outside attorney. Cindy Falco, Sebastian, asked if it is due process that we do allow other contractor's to submit a bid. The City Attorney said he would address all questions at the end The City Attorney said this is not a bid, but an RFP process, and the courts have finally laid out the legal processes for bids, RFP, and RFQ process. He said a bid is, "I want this, how much will you do it for," and an RFP is, "I'm trying to accomplish this, how will you do it." He explained that the proposal stated we wanted ShoreGuard 525 or the demonstrated equivalent or better. He said everything was in writing, the vendor was asked to demonstrate his product with outside resources, and they offered to bump up to the next level of product. He said the argument made was the same argument made by the other manufacturer to the Army Corp of Engineers in the studies Council looked at previously, they did not change the price, they came in with a higher grade of material, and staff feels this has been demonstrated as equivalent or better. The City Manager added that pages 163, 164 and 165 show the materials in question, with charts depicting vinyl walls with the final product as being thicker and stronger material. He pointed out pages 172-230 depicting material that will work, meets specs, and has demonstrated to be above what we asked for at a lower cost, not an inferior or untested product. The City Attorney said he was comfortable with the RFP process, and when the arguments started, he requested everything to be in writing, and it all had to flow through him. He said the North County Pool was different and there was question of who was assigned the risk until the pool was built and we have clearly assigned the risk with this project. The City Manager said this has been bid three times, Council directed the use of vinyl, staff shopped well for the Council and the community and he recommended the three pronged motion as set out in the packet. Ms. Simchick asked if the project comes in under, would we be transferring any money back to the storm water fund reserve. The City Manager said yes. Ms. Simchick commended the City Manager for placement on the 2009 Indian River Lagoon initiative bill which might add back to the fund. She asked him to keep them apprised of the winter legislative delegation meeting so they may collectively speak in favor of the initiative. In response to Mr. Paternoster, the City Manager said we will spend debt proceeds first, then interest on them with the grant, and the reserve at the end. He said we did not enter arbitrage because the bond proceeds were invested in different accounts. Mr. Paternoster said on page 72 the total is listed as $ 4,836,067, and asked if the figure could go quite higher. 6 Regular City Council Meeting September 24, 2008 Page Seven The City Manager said the unknown factors are: the cross section and dredging amount was based on the rip rap bid and might need to be dredged more or less; cost of leasing or purchasing the lots; cost of replacing of the docks; cost of repairing the mitigation lines; and cost of the Hardee Park mitigation. Mr. Paternoster asked if the cross section is revisited to meet the total daily maximum loads, would that redesign cost us more. The City Manager said it could be more or less, the grant has certain total daily maximum load requirements. In response to Mr. Paternoster, the City Manager said staff plans to provide information to the residents regarding the spoils. Mr. Paternoster asked if CDM was involved in the last portion of project and how much did it cost. The City Manager said CDM was involved, and $12,000 went towards redoing the proposal. In response to Mr. Neglia, the City Manager said S.E. Cline has met all the material standards. Mr. Neglia asked the City Attorney about the liability insurance, and the City Attorney responded they will be getting the insurance and indemnify us from any cost. Mr. Neglia asked if the non-permitted docks would be replaced. The City Manager said Council has not yet tackled the dock question but has a trump card because the seawalls cost more than the originally planned rip rap. The City Attorney said Council will probably be more charitable than its legal obligations, because we do not have to replace the docks as they are subservient to the drainage usage. The City Manager said replacing a dock would be about $2,000 a piece and he advised Council to get the project going before thinking about dock replacement. Mr. Neglia asked if the legal matters are resolved on page 258. The City Attorney said any legal steps can be taken after their decision tonight. MOTION by Mr. Wolff and SECOND by Mr. Paternoster to award the Collier Creek Canal Design/Build Retrofit Project to S. E. Cline (Palm Coast, FL) in the amount of $3,994,325 and authorize the City Manager to execute said agreement and transfer $301,305 in bond reserve monies into the Collier Creek Canal Project Fund; and transfer $750,000 from the Storm water Reserve Fund into the Collier Creek Canal Project Fund. The City Attorney asked if this included the author's amendment he cited at the beginning of the discussion relative to insurance and Mr. Wolff said it did. Result of the roll call was as follows: Ayes: All Nays: None Passed 5-0 Mayor Coy called recess at 8:03 p.m. and reconvened the meeting at 8:20 p.m. All members were present. 7 Regular City Council Meeting September 24, 2008 Page Eight 08.030 B. Council Position on ISBA and Schedule for Joint ISBA Workshop -Request from 9/10/08 Regular Meeting (No Backup) The City Manager said we are here to schedule the joint workshop, and the City Attorney said the other agencies' representatives have agreed to meet at 5:30 p.m. Ms. Simchick said she thought tonight was to discuss the latest issues so they may unite as a Council and she asked for the latest developments from their meetings. The City Attorney reported that Sebastian brought up desires to modify the 65 feet to which we were lone wolf on that, no one is willing to concede on that, so all elected officials will need to discuss that. Ms. Simchick asked if the other agencies have lightened up on our reserve area. The City Attorney said while we don't want new towns on our border, they agree the core portions will not be closer than a quarter mile, not counting the greenbelt but he pointed out the green belt is to be more than a quarter mile in size. He also said Fellsmere would like four total new towns, with only one east of 195. He said everyone is willing to work with what can be worked out with the County; however Fellsmere hit a snag when they proceeded to DCA with the Villages. He also said we are more concerned with densities, we told the County they are over-reaching in trying to control things that will happen 20 years from now, therefore side discussions of Fellsmere and the County; and Sebastian and the County are supposed to be taking place before October 1St Ms. Simchick asked if he anticipated this to be the final document. The City Attorney said what is left is mostly details and the County is the lone party on details; Fellsmere was to submit their set and the County submit their set to work out at the joint workshop. Ms. Simchick said once we have a joint meeting, an agreement should be set in stone and if it is changed that day, all Sebastian members won't be able to comment if they are not present. The City Attorney pointed out the joint meeting is a workshop where no action is taken, and the agreement will come back to respective councils for adoption. Mayor Coy asked if they wanted to do apre-meeting before the workshop. The City Attorney said staff representatives anticipate being done October 1St. The City Manager offered to put the draft agreement on the 8th agenda. Mr. Neglia asked what if all the agencies don't approve it. The City Manager said they will not be parties to the agreement. Ms. Simchick recapped that staff will come back from their October 1St meeting with a draft, including Exhibit C, and then it will be put on the October 8th Council agenda and then we schedule the joint workshop. Added C. Barber Street Mayor Coy said she asked for this to be added because it is not in the County's concurrency plan, she asked the City Manager to give a brief presentation on IRC P & Z action, and then asked her fellow members if Council should send a letter to IRC Commission requesting they Regular City Council Meeting September 24, 2008 Page Nine not put Liberty Park on an agenda until such time as Sebastian comments on the concurrency issue. The City Manager said the traffic generated from development around our borders has an impact on our streets, and if we are not a member of a concurrency plan those trip generations are not calculated into staff recommendations for developer improvements. He said we haven't been part of that in the past and he has asked the Growth Management Department to put together a pro and con list on concurrency and on September 30th the Growth Management Director, Bob Keating, Chris Mora and himself will meet and provide a report to Council at their October 8th meeting to formulate a recommendation on how to proceed with concurrency. Richard Gillmor, 744 Kroegel Avenue, said it is vital to work this into the equation, especially given the condition of Barber Street, which will go down in a hurry if development goes in. Damien Gilliams, 1623 US 1, said we have concurrency already; the north County is broken into impact fee zones. Mayor Coy requested a motion to send a letter to County to hold off until Sebastian can address this. MOTION by Mr. Paternoster and SECOND by Mayor Coy to send a letter to the County. Ms. Simchick said we own Barber Street; it is on our comp plan, if we go to concurrency with the County we could halt building in many areas of Sebastian unless we widen Barber Street. The City Manager said the flip side of concurrency is that does have the potential to stop development, however the counts include what is already platted as of today and will not have an effect on Barber Street; new growth could stop permits until the street is fixed. The City Manager gave an example that a developer comes in and we have to annex 300 acres and that is the type of development that could not happen. Ms. Simchick asked if as a City could concurrency make us improve Barber Street. The City Manager said Barber Street is failing because of traffic count and deterioration; and the reconstruction of Barber Street is a concurrency issue. The City Attorney said we are already subject to concurrency on our streets, the problem is that as the County analyzes development at our borders, they looked at 66th and Schumann and decided Liberty Park needed two left turn lanes onto Barber Street but then those cars that turn onto Barber magically disappear when they get within our limits and the developer is not required to widen Barber Street. Mr. Neglia said Barber Street is not the only issue with Liberty Park and we really have to get together with the County. Mr. Paternoster pointed out that he sits with Ms. Simchick on the MPO and in attempt to assist a citizen, Mr. Phil Matson told the citizen there are no plans to fix Barber Street for the next three to five years. The City Attorney said it is an impact fee eligible road, it was always in the plan for four laning, but because it is not popular it has been kicked back. 9 Regular City Council Meeting September 24, 2008 Page Ten Mr. Wolff added if the platted properties are included into concurrency, he would object to worrying about what will happen in the future as concurrency is a safeguard to protect the rights of people who are enjoying the community now. He said what we are hearing is that new details are being brought forth and Mayor Coy's request to bring this forth is important. Result of the roll call was as follows: Ayes: All Nays: None Passed 5-0 12. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terrninated by a majority vote of Council members present. Mayor Coy reminded everyone not to campaign, no personal attacks and said she has retained an attorney. Russell Hermann, 506 Redwood Court, Sebastian, SPOA invited all residents to the SPOA candidate forum to be held Monday, October 6 at 7 p.m. in the City Council Chambers. He said if you have a candidate question to call him at 589-9811 and he would send a form that must be returned by September 30th and no new questions will be allowed at the forum. Cindy Falco, Sebastian, spoke of a senior victims assistance unit operated by the Indian River County Sheriff's office and suggested a program be started in Sebastian. Mr. Wolff asked what is the size of the budget for this organization. Ms. Falco said she was not sure but could get more details. Ms. Simchick said it is available to any Indian River County resident and gave the contact person as Shirley Rosen who may be reached at 987- 6000. Jim Sunnycalb, 721 South Easy Street, thanked the Clerk staff and Mr. Wolff for putting board applications in the City Hall lobby and Chambers; announced free admittance to the McKee Botanical Garden Residents Appreciation Day on October 4th, and recommended bringing a senior there for recreation. Damien Gilliams, 1623 US 1, said the last time he was here he was removed and following his removal was an allocation of funds for the Airport that should have been put out to bid; said he was still waiting to electrify his docks; asked why we are franchised only to Waste Management; said he hoped Council will change their mind on the millage rate; noted there wasn't any money put in the CRA budget for an economic commission; said to put more regulations on docks; said he was disgusted at the CRA meeting; said to put a wish list together for the legislature now; said the police are giving tickets out at Wal-Mart and if we are short officers he asked why are the police on private property; asked how is the dog park coming along; said to put the City's checkbook on the Internet; noted Sandy Diephouse has an attorney too; spoke of the chiropractor at the Sebastian Executive Suites. Todd Klitenic, 1274 Barber Street, said the ditches in his area are overgrown again, they should be cut during the growing season, also Barber Street and Benedictine Terrace is full of potholes and the streets need to be redone. 10 Regular City Council Meeting September 24, 2008 Page Eleven Mary McGee commended the City Manager for what he has done for the swales and she said the Collier Creek project will go fine. 13. NEW BUSINESS 08.108 A. Resolution No. R-08-20 -Advance to Airport Fund for Construction of Additional 303-307 Hangar by the Discretionary Sales Tax Fund (Finance Transmittal, R-08-20, Schedule A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADVANCING FUNDS FROM THE DISCRETIONARY SALES TAX REVENUE FUND TO THE AIRPORT ENTERPRISE FUND; MAKING PROVISIONS FOR REPAYMENT OF THE ADVANCE AND MAKING PROVISIONS FOR THE PAYMENT OF INTEREST ON SAID ADVANCE AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager said this is in reference to the $1.42 M hangar grant project and $285,000 cash supplement. He noted we need to put the financial mechanism into place to support the cash match and figured this is the best way to do this. Mr. Paternoster noted the amortization table, and asked why the 30 year term is used, and the City Manager said to last the life of the lease and to minimize the payment to the Airport. Mr. Paternoster asked how will this it affect the DST fund, and City Manager stated the unallocated amount is well over $1 M. Ms. Simchick said she feels the lease is putting the cart before the horse, this is not a viable company, she has not seen their credit report, doesn't feel they will bring jobs to Sebastian, we did not take from the contingency funds to lower the millage rate but we are taking from the DST funds and if a catastrophe happens, we may have to take a note with an interest rate, she was not in favor of this. Mr. Wolff asked Ms. Simchick is she had any other suggestions that we can do. Ms. Simchick said she is not in favor of the project but would prefer we took a note. Mr. Wolff asked if there were any other financing options. The City Manager said there is a commercial note which would be harder for the Airport to pay. Mr. Paternoster noted if the company goes belly-up, we will have a $1.4 M building and asked what else the DST funds are used for. The City Manager answered police cars, major road improvements, and City Hall debt. Mr. Paternoster said he respected Ms. Simchick's opinion but we want to try and nurture economic development by bringing in this corporation. The City Manager said he has operated on the assumption that Ms. Simchick's concern is that the appraisal will fall apart, he has visited with FDOT to review the type of building and knows that FDOT is okay with the building but not the fencing and curtains which will be fixed prior to bringing a contract to Council. He continued to say that if Council disagrees with this project it has to be based on that we are giving up too much but he did not feel that was the case noting that would be fair; and, if the disagreement is based on smoke and mirrors/we've tricked the system/bait and switch or misled Council he disagreed because it questions staff's integrity. 11 Regular City Council Meeting September 24, 2008 Page Twelve He said would respect how Council votes and the financial gear must be in place before proceeding. In response to Mr. Paternoster, the City Manager said this is an enterprise fund and the City Attorney advised the City would be sought to cover a commercial loan, not the enterprise fund, or the Airport. Mr. Neglia said he is concerned and wants to be careful. Mayor Coy asked Mr. Neglia what he is concerned about and said she had found no reason to believe the company won't be successful, has found both parties to be sincere, if people can show her facts that their credit is bad or they are going under she will listen but she hasn't found anything. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve Resolution No. R-08-20 to make an advance to the Airport Fund from the Discretionary Sales Tax Fund. Ms. Simchick said their March 8th Dunn & Bradstreet report is proof they are not a viable company, and she is not in favor of this project. Mr. Paternoster said he respects her opinion but he is still waiting for Bill Gates to come through the door but that is not happening and in today's economy we have to hope for the best. Mr. Wolff thanked Ms. Simchick for bringing another opinion to the table, pointing out questions will come into play and told her not to feel bad. Result of the roll call was as follows: Ayes: Neglia, Paternoster, Wolff, Coy Nays: Simchick 4-1 14. CITY ATTORNEY MATTERS -None 15. CITY MANAGER MATTERS -None 16. CITY CLERK MATTERS The City Clerk wished her husband a Happy 25th Wedding Anniversary. 17. CITY COUNCIL MATTERS A. Mr. Paternoster Mr. Paternoster said he has numerous recycle complaints about Waste Management and the mandatory pickup from Park Place. The City Manager City said Waste Management holds the franchise on all residential and commercial pick-up and Waste Management did not immediately claim the non-residential business that was rightfully theirs in 2003 and they have since tried to pick up the non-businesses. He said it has been disputed if Park Place is a residential or non-residential customer and there is a 12 Regular City Council Meeting September 24, 2008 Page Thirteen greater difference in price since 2003. He said is setting up a meeting with them and Waste Management but contractually they are a Waste Management customer. Mr. Paternoster said he has received complaints that the Public Works Department is leaving spoils on resident's yards while installing the quarter round. Mr. Paternoster said he would call him later on this. In response to Mr. Paternoster, the City Attorney said recent special magistrate hearings have been cancelled due to voluntary compliance. B. Ms. Simchick Ms. Simchick said one reason we rated high on the Greenways plan is because of bike paths and she noted at the Stormwater Park if you head south, then west towards the Elkcam dam there is quite a nice blueway, she was hoping with Council's approval, the City Manager would send color diagrams to the Parks & Recreation Advisory Committee to plan for acanoe/kayak launch in the Stormwater Park. Mayor Coy reported from her Land Acquisition Meeting that Sebastian Harbor Preserve was not funded by FTC as initially expected and there was discussion to bring this back to Council to tighten up language to get more grant points. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to extend the meeting passed with a voice vote of 5-0. The Mayor asked if these two pieces that sit across the street from each other could be tied in together. Ms. Simchick said the Stormwater Park is right up the Parks and Recreation Advisory Committee's alley. Mayor Coy said the Sebastian Harbor Preserve is looking for a gazebo. C. Mr. Wolff Mr. Wolff asked for an update on pedestrian bridge at Hardee Park. The City Manager said the foundations are set, the steel and bridges have been ordered, and he is still looking into the solar lighting. Mr. Wolff asked there is a completion time frame. The City Manager said the contract does call for a completion time. D. MaYOr Coy None E. Mr. Nealia Mr. Neglia said a couple of Saturdays ago people loaded up a boat to clean up the spoil islands and he said they would like to see more people helping. 13 Regular City Council Meeting September 24, 2008 Page Fourteen In response to Mr. Paternoster, the City Attorney said the Wal-Mart property was quasi- public property and the City is allowed to enforce the stop signs on the property. 18. Being no further business, the Mayor adjourned the meeting at 10:03 Approved at the Oct. 8, 2008 Andrea Coy, Mayor Regular City Council meeting. ATTE ~` ~~~ v Sally A. Maio, MC -City Clerk 14 I am currently employed at Harris Corporation in Palm Bay Florida as a Manufacturing Research Engineer. Since I started with Harris in April of 2002, I have been involved in advanced manufacturing process research and development for military and avionics applications. For the past 4 years, I have held the lead manufacturing role in lead-free soldering process development and lead- free solder joint reliability studies. Earlier this year, I was the recipient of the Harris Technical Innovation Award for developing lead- free soldering processes for Harris Corporation. I am the Vice President of the SMTA Space Coast Chapter and I am actively involved in the NASA DoD Lead-free Project and the Aerospace Industries Association Lead-free Working Group. I have a Bachelors Degree in Industrial Engineering with an emphasis on electronics, robotics, manufacturing systems, and non-traditional manufacturing methods. My educational background and passion for technology is what brought me to the Florida Space Coast area after I graduated from college. Born and raised in a farming community in Nebraska, I have a great appreciation for the outdoor life and losing sight of this was one of my biggest fears as I pursued my career in Engineering. This area of Florida satisfies both my career in engineering and my active outdoor lifestyle and that is why I decided to make Sebastian my home. As time allows, I enjoy boating, fishing, scuba diving and I do volunteer work for Habitat for Humanity. I am married and have 2 children ages 8 and 14.