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HomeMy WebLinkAbout10082008cm ~~ ~_..a~~, HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 8, 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 led by Vice Mayor Neglia. 3. There was a moment of silence. 4. Vice Mayor Neglia read the civility pledge. We will be respectful of one another even when we disagree. We will direct all comments to 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 Finance Director, Ken Killgore Human Resources Director, Debra Krueger Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Environmental Planner, Margie Reynolds Police Chief, Jim Davis Police Captain, Greg Witt Regular City Council Meeting October 8, 2008 Page Two 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Coy asked Mr. Wolff to consider withdrawing items 13A and B. She referenced Resolution No. R-07-31 which directs Council to evaluate the charter officers and noted Mr. Wolff and Mr. Paternoster did not evaluate the City Attorney last June. Mr. Wolff declined and Mayor Coy stated for the record she objected to the two items. 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. 08.057 A. Proclamation -Pelican Island Wildlife Refuge 1 Mayor Coy read the proclamation and asked the Environmental Planner to give it to the U.S. Fish and Wildlife Service. Brief Announcements Ms. Simchick said the Greater Federation Women's Club does wonderful things for the community and gave Jane Croy (589-8849) as the contact if anyone was interested in joining and said they will be holding their annual haunted house at 1048 Main Street, on October 10 & 11, 17 & 18, 23-31, and Nov. 1, from 7:30 p.m. until 9:30 p.m. weekdays; and 7:00 p.m. until 11:00 p.m. Friday and Saturday. Mr. Neglia announced there are new guidelines for recycling and cardboard will now be accepted. Mr. Paternoster asked the new guidelines be placed on Channel 25. 08.109 B. Chris Mora Indian River County -Barber Street Concurrence (GMD Memo, Ord. 3-20 2006-011 Chris Mora gave a power point presentation detailing the traffic concurrency process. (attached) The City Manager asked Council if they would be interested in participating with the County in regional traffic concurrency. Ms. Simchick suggested bringing this up at the next ISBA elected official workshop. Mayor Coy stated for the record this presentation and discussion was not an effort to stop Liberty Park but prevent the construction of two turn lanes onto Barber Street that won't go anywhere. The City Manager briefly outlined what would be needed to join the County with traffic concurrency and offered to do a formal report at the November 12th meeting. 2 Regular City Council Meeting October 8, 2008 Page Three 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 21-25 A. Approval of Minutes - 9/17/08 Special Meeting -Budget Hearing 27-40 B. Approval of Minutes - 9/24/08 Regular Meeting 08.110 C. Authorize Emergency Purchase of New Pump System for the Golf Course from 41-64 Hoover Pumping Systems in the Amount of $79,994.25 to be Paid from the Golf Course Renewal and Replacement Fund (Golf Course Transmittal Quotes, Bid Sheet) 08.111 D. Authorize the Purchase of Two Chevrolet Trailblazers from Alan Jay Automotive s5-~o Network in the Amount of $38,750 Based on State Contract FSA Bid Awards 07- 15-0827 (PD Transmittal, Quote Sheets, Blue Book Info) Mr. Wolff pulled items C and D MOTION by Mr. Neglia and SECOND by Ms. Simchick to approve consent agenda items A and B passed with a voice vote of 5-0. Item C Mr. Wolff asked for a status of the golf course. The City Manager explained the pumps are the original wet well pumps which are sitting on shifting ground and filling with dirt which is blocking the greens from getting watered as a result of tropical storm Fay. He also said the same situation happened to the Sandridge Golf Course and staff compared the numbers with their horizontal pump replacement which looked to be in line with the City's quote. The Golf Course Director confirmed the current pump is hanging by a thread right now and it is sucking up more dirt than water and frequently shutting itself down. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve the purchase of the new pump system for the Golf Course. Result of the roll call was as follows: AYES: Neglia, Paternoster, Simchick, Wolff, Coy NAYS: 0 Passed Regular City Council Meeting October 8, 2008 Page Four Item D Mr. Wolff pointed out hardly anyone is buying SUVs; Chevrolet plans to discontinue production of the trail blazers; and with the longevity the City manages to get out of vehicles, something more green and friendly might be considered. Mr. Paternoster asked about the 2008 models vs. 2009 and the upgrade package. Capt. Witt explained that the 2008 models were a better price and the upgrade is for comfort as one vehicle will be for surveillance and the other for administrative use. Capt. Witt further explained to save costs, one light bar would be removed from an older vehicle and re-installed and apre-owned light bar would be installed on the other vehicle. He also said larger vehicles are needed for the amount of gear and equipment that will be carried. MOTION by Mr. Wolff and SECOND by Mr. Paternoster to approve the purchase of the two trail blazers. Result of the roll call was as follows: AYES: Paternoster, Simchick, Wolff, Coy, Neglia NAYS: 0 Passed Mayor Coy called recess at 7:37 p.m. and reconvened the meeting at 7:50 p.m. All members were present. 9. COMMITTEE REPORTS & APPOINTMENTS -None 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS 08.030 A. Interlocal Service Boundary Agreement -Draft Agreement (City Attorney Transmittal 71-110 Agreement, Exhibits) The City Attorney said the current draft was before Council with two provisions still under modification in bold italicized in the packet. He said Sebastian has met with the County to discuss the employment center area and they realize that Sebastian is acting reasonably. He said if the elected officials met one more time before the election and then held their adoption hearing after the election they would have to re-educate everyone, so staff preferred to wait until the new government bodies are seated to hold the elected official workshop. No public input was offered. Ms. Simchick said there is a big difference in the density language and the argument was that we would be able to comment when it went to the Dept. of Community Affairs and she 4 Regular City Council Meeting October 8, 2008 Page Five asked if we were waiving our right to question the density by signing the agreement. The City Attorney stated objections were filed with the DCA on Monday and the real dispute was that after the court settlement, Fellsmere agreed to a compromise by incorporating some guidelines in the ISBA that lands that received a land category would go through the USAC process. He said they initiated the land used changes because they didn't anticipate ISBA taking this long and Sebastian would like the requirement to stay there in case they request a land use change in the future or DCA invalidates it. Ms. Simchick said she is trying to understand the comfort level in filing objections yet signing off on a contract that the density is okay. The City Attorney said provision 13 preserves all of the City's rights to give comments to DCA. Mr. Neglia asked if the 65' plus 15' embellishment height would be permitted for everyone. The City Attorney said the new towns cannot exceed 50' in height, and the 65' is a cap for non-reviewed, small scale amendment. In response to Mr. Neglia, the City Attorney said Fellsmere did agree to change the number of the new town allowances. Mr. Neglia asked if there would ever be a request to change the restrictions being put on by the committee. The City Attorney said each government would have to approve a change in paragraph 12 but their vote did not have to be unanimous. Mayor Coy read, "The new towns would not be developed at least a half a mile from a city boundary," and asked if they didn't decide it would be five miles at the last joint meeting. The City Attorney said that is one item the elected officials plan to change and the County did not want to give us exclusive rights over the Graves property but keep their right to develop a new town. Ms. Simchick asked if we annexed Graves, would we be in violation of the agreement but the City Attorney said we would be okay because our boundary would move. The City Attorney said the County doesn't seem to understand our concern that when you are that close to a city, why not become part of that city. Ms. Simchick said she is unclear, an industrial area was discussed for the Graves property and if a new boundary is set, she asked if we have we locked in future Councils in expansion extinction. The City Attorney said they are talking about using both a western employment center around office park with multi-family housing and then a transition area as you are leaving Sebastian. Mr. Wolff asked if the definition of a new town is structured so that it can be interpreted differently. The City Attorney said it is pretty much defined, and they cannot develop outside the urban service area unless it is a new town or 5 units per acre. 5 Regular City Council Meeting October 8, 2008 Page Six Ms. Simchick asked if county-wide concurrency should be added to the election officials' agenda. The City Manager said it would be brought up in the staff meeting and report back after the election. Ms. Simchick said she was advised the County would chair the USAC committee because they provide the notices and staff and asked Council if they were comfortable with that. The City Attorney said as a matter of decorum it might be better to rotate on an annual basis. Ms. Simchick said it could be bought up at the elected official workshop. The City Manager said he would bring up regional traffic concurrency and rotating the USAC chair at the next staff meeting. The City Attorney noted in the agreement, the correct number for new town acreage east of 195 is 1,500 instead of 1,000. 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 Krogel Avenue, said the City needs to get started on the economic development report, noting there are small businesses that are not location specific. He suggested marketing the northern states to retire their businesses in Florida. Cindy Falco said there are already small businesses in Florida and asked what will be done for them. She also suggested a military discount at the golf course. Charles Neuberger, Schumann Drive, thanked the City employee who recently cleaned up the strewn trash in his driveway for his wife. Damien Gilliams, 1623 US 1, said once again he was denied the right to speak during the golf course pump discussion and asked if there was an insurance policy for the pump, and suggested pilings be put under the pad. He noted sometimes the public has good ideas that should be heard. He said he is still waiting to electrify his dock, he asked the Mayor to look him in the eye and tell him why she is trying to hurt him. Ms. Simchick reminded the public to address Council as a whole. Jim Sunnycalb, 721 Easy Street, asked fora "turn off cell phone" sign on the outside door of the chamber. Todd Klitenic, 1274 Barber Street asked why the ditches are not cleared on the east side of Barber Street. 13. NEW BUSINESS 08.112 A. Review of Sebastian City Attorney's Contract (Council Member Wolff's E-Mail) 111 6 Regular City Council Meeting October 8, 2008 Page Seven Mayor Coy reiterated the resolution requiring each Council member to prepare an evaluation and said she thought it was inappropriate to discuss this matter. Mr. Wolff read his a-mail regarding this item (see attached as in the agenda packet). He said small businesses have asked him what the City is going to do to address the economic crisis, what style of management is going to change to address their situation. He said residents are begging for a push style of management, that current ordinances are not affectively addressing their situation, they feel that management has become too comfortable and are seeking a change in direction. He said with regard to the City Attorney he said this is the time to take a different direction-find a new level of energy, fresh ideas, more proactive, be a face amongst the residents and businesses and change the role of the office so it is pro-active and not reactive. He said, having said that, he was leading to a MOTION to terminate the current city attorney without cause and to begin a search for a new candidate for that office. He then asked Council for their input. Mayor Coy called for public input Public Input Cindy Falco said she concurs with Mr. Wolff. Joe Cavacas, Balboa Street, said he is satisfied with the way the City is going and any Council Member that feels can't work with the Attorney should step aside and resign. Warren Dill, 1565 US 1, Sebastian, said the Attorney's client is the City of Sebastian with five elected officials he must respond to, he is required to provide the best legal judgment, unbiased legal opinion based on policies of Council. He said Mr. Stringer is extremely competent, has the upmost concern and respect for Council and the City, and has been an invaluable asset for the City with the ISBA proceedings. MOTION by Mayor Coy and SECOND by Mr. Neglia to extend Mr. Dill's time. Mayor Coy called for a voice vote and Ms. Simchick asked if we are going to extend everyone's time. Mayor Coy said any member can request a vote to extend public input. There was a voice vote, ayes and nays were heard, Ms. Simchick said let him finish and Mr. Dill wrapped up his input. Don Wright, N. Fischer Circle, said it was inappropriate to delegate Council's job to the City Attorney, noted they are the board of directors. Louise Kautenburg said she has attended Council meetings for 14 years and can honestly say this is the most disappointing thing, beside one other, that she has ever witnessed, noting there is an established mechanism to review charter officers and she was insulted. Chuck Lever, resident, said he concurs with Mr. Wolff and pointed out the F.S.286 requires this be done in public and state statute overrides City Code. Bill Bodon, 614 S. Easy Street, said when there is flawed leadership you cannot blame the messenger. He said he favored keeping Mr. Stringer on. 7 Regular City Council Meeting October 8, 2008 Page Eight Ed Herlihy, 474 Seagrass, said here is more Council dysfunctionality and suggested everyone get together and discuss this. He said this against the City's charter and contract. He asked that this be pulled off the table and have a workshop. Julie Scozzari, 1401 Thornhill Lane, reminded everyone that Mr. Stringer couldn't represent the City during the clam bake problem and asked if he always does the right thing for the City. Richard Gillmor, 744 Krogel Avenue, said he concurred with Mr. Herlihy that this is not the time or place. He said Mr. Stringer is a great asset to the City. Joe Schulke, 59 Blue Island Street, Sebastian, said he was surprised this was on the agenda, and the resolution should be followed. He pointed out Mr. Stringer's length of service, community involvement and other attorneys have a very high opinion of him. Mayor Coy read from the Charter: "In the event that one or more council member believes that cause exists for the removal of a charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion...." Mr. Wolff said he never mentioned "for cause" and asked her to read regarding "without cause." Mayor Coy continued to read: "Any charter officer may be removed from office for cause, or without cause pursuant to the terms of an employment agreement, by a majority vote of the entire city council." Mr. Wolff He said he didn't believe the charter officer positions are jobs for life, this is not a personal crusade, and was just asking for an opinion and move on. Ms. Simchick said this was best for the City as a whole and was interested in "without cause" and pointed out that discussing an evaluation would make it "for cause." Mr. Paternoster agreed with Mr. Wolff and Ms. Simchick. Mr. Neglia said Mr. Wolff did not give a valid reason to remove Mr. Stringer; he still had confidence in him and would like to retain him. Mayor Coy said the City Attorney was always available and asked when was the last time Mr. Wolff had sat down with him in his office, this was poor timing, bad taste and bad message for this City. Mr. Wolff asked the City Clerk if there was a motion, and she responded that he had stated when he started that he would make a motion "to terminate the current city attorney without cause and to begin a search for a new candidate for that office". Mr. Wolff said he would like to amend that to include "with notice as per contract" and asked for a second. Ms. Simchick SECONDED. 8 Regular City Council Meeting October 8, 2008 Page Nine Result of the roll call was as follows: AYES: Simchick, Wolff, Paternoster NAYS: Coy, Neglia Passed Mayor Coy called recess at 9:23 p.m. and reconvened the meeting at 9:59 p.m. All members were present. MOTION by Mr. Neglia and SECOND by Mr. Paternoster to extend the meeting passed with a voice vote of 5-0. Mayor Coy read the City Attorney's termination letter into the record. (attached) 08.112 B. Action for Recruitment of a New City Attorney (Council Member Wolff's E-Mail) 111 Mr. Wolff suggested asking the Special Magistrate if he would be willing to fill in on a temporary basis. The City Manager said an interim attorney would be appropriate and with the consensus of Council, he would contact the Special Magistrate. Mayor Coy suggested asking the Airport Director who is a licensed attorney and already on payroll. The City Manager said Council could ask the Airport Director and he would do as they directed. Mr. Paternoster pointed out that this would prevent the Special Magistrate from hearing the Code Enforcement cases and the City Manager said the hearings have been infrequent lately, and it would be the best thing to do in the interim. Mr. Wolff said Mr. Griffin has merit and could serve to evaluate new candidates; and he offered a list of candidates. Ms. Simchick said she was opposed to Mr. Griffin, but would like to ask the Special Magistrate, and we could check with the Florida League of Cities. With the consent of Council, the City Manager offered to ask the Special Magistrate and report back to the Council tomorrow. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to terminate the meeting at this time since there was not an attorney present. The City Manager said the next item could be authorized without an attorney present. The motion passed with affirmative votes by Mr. Wolff, Mr. Neglia, and Mayor Coy at 10:09 p.m. 9 Regular City Council Meeting October 8, 2008 Page Nine 08.113 C. Authorize City Manager to Execute Florida Fish and Wildlife Conservation 113-136 Commission Grant Agreement for Main Street Launching Facility Protect In the Amount of $425 291 (City Manager Transmittal Letter, Grant Agreement 08.114 D. Laurel Reserve Phase II Update (Minutes Reports, E-Mails, Plats) 137-236 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS 18. ADJOURN Approved at the October 22, 2008 Regular City Council Meeting. Andrea Coy, Mayor ATT ., v - ~__ Sally A. Maio, MC -City Clerk 10 ~~rv ~~ ST - --- . ---- -- HOME OF PELICAN ISLAND 'i 225 i~~ain Stre~i ~et~astian, >=ierida 32958 ~i~a€ ~c i-%'2 589-5330 - Fa; ~%-% 589-5570 October 8, 2008 Mr. Richard Stringer City Attorney City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Termination of Employment Contract for No Cause Dear Mr. Stringer: On behalf of the Sebastian City Council, this notice is presented by me as an authorized agent of the City of Sebastian to inform you that the City Council at its October 8, 2008 Regular Meeting, executed their right to terminate your employment contract for no cause by a vote of three to two effective immediately. Human Resources will be in contact with you to fulfill the Council's obligations under the terms of your employment agreement. ank you for your service to the City. Manager sam ~~: ary counc~~