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HomeMy WebLinkAbout02112009SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 11, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Dave Foster. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Robert A. Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Parks Supervisor, Chris McCarthy Police Chief, Jim Davis Deputy Police Chief, Michelle Morris Senior Systems Analyst, Barbara Brooke-Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. Ms. Simchick asked why public input was not carried forward. The City Manager said it is typically not carried forward since it would then be on the agenda twice. Mayor Gillmor suggested using sign-up sheets again so people who need to speak can be moved forward. Ms. Coy suggested this be agendized for discussion. She noted we have not had "Council Matters" for two meetings as well. Regular City Council Meeting February 11, 2009 Page Two Ms. Simchick suggested we bring this back as an agenda item. Damien Gilliams, 1623 US Highway 1, said "Public Input" should be the next item on the agenda, since the public could not speak last time. Mayor Gillmor said we have already decided to agendize this at a future meeting. He said the public has a right to speak and they are next up on the agenda. 6. PROCLAMATIONS. AWARDS. BRIEF ANNVUNC:tMEN 1 s Pn;sentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 09.032 A. Governor's Healthy Floridians Initiative 2009 Proclamation -Tina Zayas Accepting Mayor Gillmor read and presented the proclamation to Tina Zayas, Healthy People Program Coordinator, Indian River County Health Department. Ms. Zayas thanked the City for their support, and invited citizens to the City Recreation Department event at Friendship Park on Friday. B. Brief Announcements Ms. Coy congratulated everyone on the successful Sebastian River Fine Art and Music Festival in January. Ms. Simchick announced•a Sebastian River Area Historical Societ~ event at the North County Library with the Mel Fisher Museum on February 18t at 7:30 p.m. Mayor Gillmor thanked MIS staff: Frank Losardo, Barbara Brooke-Reese, Rob Messersmith; Building Maintenance staff: Steve DiTrapano, Marty O'Brien; and Clerk staff: Donna Cyr, and Jeanette Williams for hosting the County's Economic Development Summit. He read a letter from County Commissioners also thanking City staff. Mayor Gillmor announced this morning at the MPO meeting, Commissioners Davis, Flescher, O'Bryan, and Wheeler moved the Barber Street resurfacing project up to number one on list for recipients of the Economic Stimulus package. He thanked the Commissioners for supporting this. 7. ITEMS CARRIED FORWARD FROM JANUARY 28, 2009 REGULAR. MEETING A. City Manager Matters 08.030/09.031 i. ISBA Verbal Update Report Based on 1/28/09 Working Group Meeting The City Manager reported on staff work on the ISBA, and updated Council on the meeting between City and County on January 28, 2009. 2 Regular City Council Meeting February 11, 2009 Page Three B. Council Member Coy 09.019 i. Neighborhood Park Events Update Ms. Coy said she met with the Parks and Recreation Committee and they appointed Joann White as their representative to work on this and come up with a template for it to function, and the possibility of creating a foundation to bring money back into the City. 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 stmt of the meeting or by raising his/her hand to be recognized. 3-16 A. Approval of Minutes - 1/28/09 Meeting 09.033 B. Prior Approval for Council Members Who Wish to Attend Florida League of Cities Legislative Action Day -Tallahassee -Wednesday, March 25, 2009 (City Clerk Transmittal, Brochure) 09.034 C. Prior Approval for Council Members Who Wish to Attend Florida Institute of 21-2s Government Advanced Institute for Elected Municipal Officials in Cocoa Beach - April 24 and 25, 2009 (City Clerk Transmittal, Code Section 2-34, Information) 09.035 D. Approve Use of Riverview Park for Natural Resources Board 2009 Earth Day Event -April 18, 2009 -10 am to 3 pm (Parks Transmittal 2/4/09, Letter, Application, Map) 09.036 E. Approve Use of Riverview Park -Rotary Club Home and Garden Show -March 28 and 29, 2009 - 9 am to 5 pm Both Days -Request for Stage, Trash Receptacles, Trash Bags (Parks Transmittal 2/4/09) Ms. Coy removed item B. Mr. Wolff removed items C and D. MOTION by Vice Mayor Hill and SECOND by Ms. Simchick to approve items A and E carried on a voice vote of 5-0. Item B Ms. Coy asked who is planning to go and why. Ms. Simchick said she had gone last year to lobby for the Barber Street intersection. Mayor Gillmor said he put it on the agenda to see who might want to go. Ms. Coy suggested saving money for a time that we need to lobby for something specific. Ms. Simchick thanked Ms. Grohall for representing us recently in Tallahassee and suggested maybe a Council member can go with her when she returns for a final decision on the grant for working waterfronts. 3 Regular City Council Meeting February 11, 2009 Page Four Mr. Hill said he would like to attend with her and had done so when previously on Council and had asked to put it on the February 25th agenda. Ms. Grohall said there will be a meeting March 10th with another meeting prior to that. Mr. Hill again, volunteered to go. Mr. Hill said he thought it was good to have someone at Legislative Action Meeting Day as well to represent the City. He said contact with people from other cities is important. Mr. Neglia said it is good to represent the City but not for this particular function, and encouraged them to wait for the trip next month when they can lobby for the City. Damien Gilliams, 1623 US Highway 1, Sebastian, concurred with Ms. Simchick on Legislative Action Day, noting there were four items on the agenda of interest to Sebastian, such as a railroad stop, special assessments for law enforcement, tax reform, and unfunded mandates. Discussion followed on the pros and cons of attending the Legislative Action Day. Mr. Wolff said if we want to go to this we can reach into our own pockets and go, because we don't need to be digging into the budget, he encouraged the City Manager to contact Tallahassee to see if there will be an opportunity to talk in March on the other issue. Ms. Simchick said if Mr. Hill goes to Tallahassee for the grant, perhaps the City Manager can make up a document packet on Barber Street resurfacing for him to carry to the Infrastructure Committee. It was the consensus of Council not to travel to Legislative Action Day. Item C Mr. Wolff asked if any members planned to attend. Mr. Hill and Ms. Simchick said they were planning to attend. MOTION by Vice Mayor Hill and SECOND by Ms. Coy to approve item C. Result of the roll call: Ayes: 5 Nays: 0 Motion- carried. Item D Mr. Wolff said he had pulled this item simply to notify the public of the Earth Day celebration. He asked if there is anything else Council would like to do or any assistance from the City that can be given to the Board. Bruce Zingman said City staff had installed a plaque for the late musician Pete Harris in Riverview Park, and said they have asked to include its dedication and some music to the Earth Day celebration and asked everyone to come out. 4 Regular City Council Meeting February 11, 2009 Page Five Damien Gilliams said this could be the day of commercial recycling in Sebastian, to have Natural Resources Board administer a petition and send it on to Indian River County. MOTION by Ms. Coy and SECOND by Mr. Hill to approve item D carried 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. 09.002 A. Parks & Recreation Advisory Board i. Interview Unless Waived and Appoint One Regular Member and One Alternate Member (City Clerk Transmittal, Two Applications, Board List, Press Release) The City Clerk said there are two applications and noted Ms. Simchick wanted to add an application for Jarad Pelletier. Mr. Pelletier was interviewed by Council. Mr. Wolff asked if there is any conflict of interest for him such as the basketball court request from Boys and Girls Club and Mr. Pelletier said there was not. City Council interviewed alternate member Matthew Sims. Mr. Wolff asked if he had attended all the meetings and he said he missed the December meeting. City Council interviewed Jerome Adams. Ms. Coy questioned his address on Roseland Road, and he said he has a young son and is interested in safe parks. Mr. Hill made a motion to appoint Matthew Sims to the regular member position The City Clerk noted if Council moves Mr. Sims to the regular position, there are now two alternate positions open and that Council had set previous precedence by adding three years to positions that are due to expire within a couple of months. She noted nominations should be made, not motions, and then if there are no further nominations on a position, the appointment is automatic. Mr. Hill nominated Matthew Sims to the regular member position plus three years. (This position would have expired in May 2009-now May 2012) Mr. Hill nominated Jerome Adams to the alternate position to 2009 ~I~~s-~yeafs. (This position expires in May 2011) Ms. Simchick nominated Mr. Pelletier for the other alternate position plus 3 years. (This position would have expired in May 2009-now May 2012) 5 Regular City Council Meeting February 11, 2009 Page Six 10. PUBLIC HEARINGS 09.037 A. Resolution No. R-09-09 -Quasi-Judicial Public Hearing to Modify the Conditions of a Special Use Permit for Car Wash Located on 921 Sebastian Blvd. (GMD Transmittal, R-09-09, Application, Site Plan Revision, R-00-56, P & Z Excerpt) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING MODIFICATIONS TO THE CONDITIONS OF A SPECIAL USE PERMIT FOR A CAR WASH LOCATED AT 921 SEBASTIAN BOULEVARD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (PJ 1/27/09) The City Attorney read the Resolution by title and the Mayor opened the public hearing at 7:15 p.m. Council members disclosed that they received letters from the Clerk during the week and a phone message was forwarded by a-mail. Mr. Wolff said he had an extensive conversation with the applicant at his place of business. The City Attorney asked if any communications would prohibit them from making a fair and unbiased decision and they each said no. The Growth Management Director briefly stated all the information was in their packet and staff recommended approval. Joseph Koruo, applicant, said he was here to request the wall be taken down and answer any questions. Public In Favor Joseph Scozzari, 1401 Thornhill Lane, agreed with the reduction of the wall to give him more exposure, help him make a living; and said that lights can be dimmed for neighbors. Cindy Falco, Sebastian, encouraged Council to help the gentleman. Rosemary Bostinto, thirty year Sebastian resident, said the area is dangerous with the wall up. Public Opposed Arthur Harrison who lives across the street gave the history of the carwash and said if the wall comes down and is replaced by bushes he will be bombarded by noises across the street. He asked that the original requirements be maintained. Applicant Joseph Koruo said his bottom line is safety and the lights have been dimmed. 6 Regular City Council Meeting February 11, 2009 Page Seven Ms. Coy said Mr. Koruo stated at the last meeting that he could not afford a security system but it is a condition; and read from recommended conditions from the staff report. She asked would it not be cheaper to put in a high security system than all of this. He said he did put in a security camera with night vision but it does not function 100% of the time. Ms. Coy asked him what conditions he has yet to meet to remove the wall. The Growth Management Director cited the conditions: fix the wooden fence, install a stop sign, limit hours of operation, maintain the tin roof, and reinstall the landscaping. She said she had done a site inspection that morning and found the fence repaired, sign replaced, and hours of operation are posted. She noted the stop sign still needed to be reinstalled and the landscaping should be replaced after removal of the wall because the heavy equipment will damage any new landscaping. She said he is very close to complying with everything. Ms. Simchick said it is a safety issue for her, would hate to see anyone assaulted behind that wall, would like to modify it for our police patrolling, and would be in favor of approving the resolution. Mayor Gillmor said he would like to see the landscaping in place before the wall comes down. Mr. Koruo said it would damage the landscaping if done that way and the Growth Management Director agreed. Mr. Koruo explained how the wall will be cut down. Mr. Wolff asked if the applicant was expected to lower the chain link fence, and the Growth Management Director noted that condition is within the resolution to comply with the overlay district. Mr. Hill said he was on Council during the original denial, then approval of the conditional use permit. He said this was acceptable at the time because he wanted the business though it did not meet the CR512 district regulations. He said it was not kept up the way it was supposed to be and there is good reason not to allow a car wash on CR512. He said the applicant brought this wall to Council to shield for sound, light, and view. He said he understands safety concerns but the wall was an important part of the approval to protect the citizens on the other side. He said it is incumbent on this property owner to make the business safe for patrons, to conform to overlay standards and removing the wall would be an injustice to the residents and people who drive along CR512. He said it is not the City's responsibility to make this property safe. Ms. Simchick said her concern is the Police Department and would move forward for safety. Mr. Wolff said he visited the business, and he was not impressed, the business was run down, and he contacted the Growth Management Director and said the problem isn't the wall but the other violations and when he revisited it this past Saturday, he was pleasantly surprised to see that most had been repaired. He said the carwash is there, 7 Regular City Council Meeting February 11, 2009 Page Eight and we have heard issues of safety. He said either the owner will turn this around or go out of business; but the best thing would be is to take the wall down. Mayor Gillmor said his concern is the wall is an eyesore and he would rather see landscaping. MOTION by Mayor Gillmor and SECOND by Ms. Coy to approve Resolution No. R-09- 09 approving modifications to the conditions of special use permit for car wash located at 921 Sebastian Blvd. with the conditions that are there. Ms. Coy read letter from Joan Diedoff into the record (see attached). She stated we have promised things and now we are taking them away, noting the carwash has not been in great shape since the hurricanes. Result of the roll call: Ayes: Gillmor, Simchick, Wolff Nays: Coy, Hill Passed 3-2 Mayor Gillmor called recess at 7:54 pm and reconvened the meeting at 8:11 p.m. All members were present. 11. UNFINISHED BUSINESS -None 12. PUBLIC INPUT Cindy Falco asked if anyone had contacted Richard Hendry regarding the Farmers Market. Mr. Wolff responded that he reviewed his website, he would like to give local businesses first shot at produce sales, and it looked good. Ms. Falco asked Council if they would like her to contact Richard Hendry. The City Manager said he had not specifically moved on this issue, due to Ms. Coy's item, and was going to agendize this for the last meeting in February. He said if Council is going to go in this direction it would be best to put out an RFP. He said he could do an RFP, have Council interview the applicants, or bring in Mr. Hendry. The City Attorney advised that it would be appropriate to put out an RFP unless it is sole source or an emergency, which is not the case. Ms. Falco said the organizers have large areas and there might not be many organizers. Ms. Simchick said then Mr. Hendry would be the only bidder. Mr. Wolff said he likes the transparency of an RFP. It was the consensus of Council to prepare an RFP and the City Manager said he would do so, provide it to Council, and have a contract ready for a March or April meeting. 8 Regular City Council Meeting February 11, 2009 Page Nine Ms. Simchick said we did not agendize going to an RFP tonight. The City Manager said the ultimate action will come back to Council and the City Attorney said he did not have a problem with the direction given. Joe Scozzari, 1401 Thornhill Lane, asked Council to consider a bike night on the riverfront like they do in Fort Pierce, and said he would like to be included in a bike night RFP. Damien Gilliams, 1623 US Highway 1, thanked the City Manager, the City Attorney, Mr. Wolff, Mr. Hill, and Mayor Gillmor for his electrical permits for his docks. Mr. Gilliams discussed Jordan Park, which had the old police station, and asked how we can honor Edna Willey who has donated to the City Police Department, by naming the park after her; thanked the Mayor for the chance to discuss moving public input, and expressed concern for letting a Council member to speak twice. He asked if the Mayor reviewed the tape of the meeting at which he was ejected and if it was a legitimate question he asked. The Mayor said he was not sure but his tone was out of order. Mr. Gilliams said Wal-Mart Corporation brings in $36 M per hour, and asked them to think of what small businesses have to do to compete. He said he was removed during a break and no one on Council appealed to the Chair. Sal Neglia, 461 Georgia Boulevard, said he wanted to speak on the item which will come up under City Manager's matters regarding the Chamber parking. Mr. Hill said certain parts of the agenda do not allow public input and since the item is under "City Manager Matters" it should not have input tonight and the rules should apply to everyone. He read the rules on "Public Input" for the record and suggested placing it on a future agenda so that everyone can speak. Mayor Gillmor said it is under "City Manager Matters" to see if there is enough interest to move forward. Ms. Simchick said the City Manager was given direction and it was wrong to place this under "City Manager Matters." The City Attorney, in response to Mr. Wolff, responded that Council's rules provide that there is no public input under certain headings such as "Council Matters," "Charter Officer Matters." Mr. Wolff said at that point during a meeting where there is no public input, it can't be interpreted that because Council will discuss a certain topic the public can't speak about it. The City Attorney said when the matter comes up that requires a motion, that is when the public speaks up. He explained the City Manager came to him and said this is an item the Council acted upon some time ago, and he wanted to bring it back to them, and in accordance with Roberts Rules the proper way is to provide them notice at meeting one and bring back an action item at meeting two. 9 Regular City Council Meeting February 11, 2009 Page Ten He said this provides a courtesy to the Council to bring this to them in this manner. Mr. Wolff asked what prevents Mr. Neglia from speaking on this, and the City Attorney said Council's rules can be ignored; Mr. Neglia can speak even though he is not allowed to talk about this subject, which nullifies one of Council's rules. MOTION by Ms. Simchick and SECOND by Mr. Wolff to suspend the rules and allow public input. Mr. Hill said the rules were just approved at the last meeting, he was sure there was another side to this item and in fairness, Council should hear from all sides. Mayor Gillmor said if Council does not follow their own rules, every Council members' matter could have ten people talk on a matter that might never happen. Ms. Coy said she had told others who wanted to speak on this that they would not be allowed to speak on this item under "City Manager Matters" but if it would go forward, they could speak then. Mr. Wolff said to play the devil's advocate, when the Mayor brought back the invocation the audience was filled with advocates, and it is tough to do one thing one week and do another the next week. Ms. Simchick said under Mayor's matters he brought up changing from "Moment of Silence" to Invocation," there was no Council consensus, and if we are going to go by the rules, they need to be consistent. Ms. Simchick withdrew her motion. Mr. Neglia said he would wait but noted he had called Mr. Hill and did not receive a return phone call, he spoke to the Mayor and he smiled, and he conversed with Ms. Simchick and Ms. Coy. Mr. Hill apologized for not getting back to him. 13. NEW BUSINESS 09.038 A. Guy Cormier -Water Line Installation Lien Reduction Request (City Manager Transmittal. Documents Relative to Previous Request from 2006) The City Manager briefly updated City Council on the $11,000 interest accrued by the Cormier lien, as set out in the agenda packet, noting a previous request for forgiveness had been rejected in 2006. Attorney Steve Lulich, representing Guy Cormier, urged the reduction of the penalty to allow him to eventually hook up to water noting the waterline does not come to Mr. Cormier's property. He said Mr. Cormier had never received the assessment until 2006, and would like to pay the assessment but waive the penalty. MOTION by Mayor to allow him to pay a discounted amount and get rid of the default penalty interest of $4,813.14 which will leave the balance of $6,556.95. 10 Regular City Council Meeting February 11, 2009 Page Eleven The City Attorney suggested amending the motion to bring the interest current, and relieve the applicant of the default penalty interest. Mr. Wolff added to receive payment within seven days of Mr. Lulich receiving the invoice to which the entire Council agreed upon. MOTION by Mayor Gillmor and SECOND by Ms. Simchick to calculate interest up to today, subtract default penalty interest and make it due within seven days of Mr. Lulich receiving invoice from the City Result of the roll was: Ayes: 5 Nays: 0 Passed 5-0 09.039 B. Review of Motion to Release Order Imposing Fine as a Lien on 1258 Laconia Street, Code Enforcement Case 07-00619 (Code Enforcement Transmittal, Orders The City Attorney said as the Special Magistrate he imposed a fine of $20 per day in addition to the City's expenses of $773.24 and the request is to remove the $20 per day fine only. He noted there is a potential sale of the property which went into foreclosure and if this is not done the sale will not go through, noting the City has released liens in the past, and advised the required trees have been planted. Louise Kautenburg, representing the buyer of the property, said she did not know why the owners did not comply, nor appear at the magistrate's meeting, and noted that 20 months after they purchased the property was foreclosed on. She said there is a buyer who will pay $100,000 less than what is owed on the property, the bank has replaced the trees, and that the closing is scheduled for tomorrow. She said the fine was designed to provide for compliance, compliance has been met, and then read from the buyer's a-mail which seeks help. She said she has the closing statement that shows the $773.24 for the cost of the trees, mowing and debris removal has been covered. Joe Scozzari, 1401 Thornhill Lane, said we brought Mr. Ginsburg in to bring money in and not give it away, the City just raised our millage rate, and we should make them pay what they owe. Damien Gilliams asked why the bank didn't take care of it before they put the property on the market, and said if we do this, we can do away with Code Enforcement. Cindy Falco said this is a hardship on the people. Mayor Gillmor said he went by the property and it did not look lived in, but knowing that this was a house that was lived in and they couldn't make the payments and lost the house, makes him think that we have to forgive this in today's economy. 11 Regular City Council Meeting February 11, 2009 Page Twelve Mr. Wolff said the bank should have paid off the lien but obviously didn't, the buyer has made a commitment, that banks are impossible to communicate with on a deal like this, on both sides this is a bad deal all around, wanted to welcome the buyers though noting they put themselves into this situation and in light of economic circumstances we should help them out. In response to Ms. Simchick, the City Attorney said he would recommend releasing the lien, the City will not be out any money because the money paid out will be repaid, and if they don't release it, it seems they are almost punishing the wrong people because it was the former people who were charged with the violation and did not appear, and now we have a new set of people who will be moving into the City. He said the fine states the City is serious about Code Enforcement and fines like this will be imposed and signed off. He said foreclosure is beyond the City's control. MOTION by Ms. Simchick and SECOND by Mr. Hill to accept the $773.24 as satisfied lien. The City Attorney suggested that the motion read "to release the lien on Case No. 07-00619". Ms. Simchick and Mr. Hill said the motion suggested by the City Attorney would be their restated motion. Result of roll call: Ayes: All Nays: None Passed 5-0 14. CITY ATTORNEY MATTERS None. 15. CITY MANAGER MATTERS The City Manager said Sebastian's comprehensive economic development plan was just about drafted and asked for a workshop on February 18th to review it at 6:30 p.m. It was the consensus of Council to meet February 18th at 6 p.m. He announced a public meeting for Tuesday, February 17th at 6:30 p.m. in chambers to inform the residents about the Collier Creek Canal project. 08.131/09.040 A. Discussion of Indian River Drive/Main Street Improvement Project Change Order - Chamber Parking - No Action Required (City Manager Transmittal, Change Order #1 and Attachments) The City Manager said he feels in the middle on how to address this matter because he has been approached by current members regarding about a previous Council's decision. He explained he hay managed the project without additional parking behind the Chamber but is in the phase for planning and construction purposes to continue with or without additional parking. Ms. Coy said she would like to move forward and agendize. 12 Regular City Council Meeting February 11, 2009 Page Thirteen Ms. Simchick said even though she voted for it, she wants to respect the vote of former Council, and said she did not like the way it was brought back to Council with no issue of safety or cost savings. Ms. Coy pointed out they changed the car wash wall. Mr. Hill said projects change all the time, this is a $7000 minor change to a major project and it should agendized to receive public input on it. Ms. Simchick said we had public input on it that night when we did it, it is not fair to a previous Council, and if someone could have told her what changed on the project, she could see discussing it. Mr. Hill said he did not like the decision and wants to discuss it. He said it is the right of this Council to change it just like it was the right of the former Council to make its decision. Mayor Gillmor said to take away 12 spaces from the Chamber of Commerce, put two handicapped parking spots 250 feet away and make handicapped individuals traverse Main Street is a safety issue. He agreed Council should bring this up on an agenda. Mr. Wolff said he respects Mr. Hill's opinion but questions the destruction of a park in deeded as such in perpetuity, he said he was told by the Chamber this was not a parking lot, and we have a prime piece of property and now we want to turn it into a parking lot. He said he had heard from people who will be at the next meeting, and agreed if Council wants to discuss it should be put on an agenda. He recommended not putting too many items on the agenda, unless Council has already made up its mind. Ms. Coy said she does not see the difference between this issue and the seawall issue when we changed it. She said we are not setting precedence. 16. CITY CLERK MATTERS.- None 17. CITY COUNCIL MATTERS A. Vice Mavor Hill Mr. Hill thanked City staff for the Brownie's tour of City Hall, and commended everyone involved in the Fine Art and Music Festival. B. Council Member Coy None. C. Council Member Simchick None. 13 Regular City Council Meeting February 11, 2009 Page Fourteen D. Council Member Wolff Mr. Wolff said he had received an a-mail from a resident regarding an annual city-wide resident flea market that would charge a table fee to bring revenue to the City. The City Clerk cited the Hillsville, Virginia event which takes place every Labor Day weekend. E. Mayor Gillmor Mayor Gillmor said it was mentioned at last week's Economic Summit that a proper scoreboard with lighting at the North County Pool to hold competitive . meets would stimulate the economy and asked Council if they would be interested in co-opting with the County. Ms. Simchick said the City is tight but the County could use recreation impact fees for this. Mr. Wolff said this is a prime candidate for cost benefit analysis for whoever is proposing this. 18. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 9:50 p.m. Approved at the February 25th, 2009 Regular City Council meeting. ATTE ~---- Sally A. Maio, MC -City Clerk 14 Page 1 of 1 Read into the record by Council Member Coy at the February 11, 2009 meeting. Jeanette Williams From: Sally Maio Sent: Tuesday, February 10, 2009 11:18 AM To: Jeanette Williams Subject: FW: RE: Car Wash - 921 Sebastian Blvd From: Joan Diedolf [mailto:joandiedolf@gmail.com] Sent: Monday, February 09, 2009 11:42 AM To: Jan King Subject: Car Wash - 921 Sebastian Blvd Attn: Jan King City of Sebastian -Florida I am the property owner of the five adjoining parcels next to the the carwash. My complaints are: Site Issues --- The wall is an eye sore covered with graffitti. Sections of the fence are down. There is a problem with the dumpster enclosure. There is a hole in the sign. Drainage from the carwash is bad. I prefer the wall to be six feet high or as high as possioble to minimimize any noise coming from the carwash. I want the owner to improve the car wash property. It lowers the value of my property and it ', would hurt putting up a possible professional building on my parcels. This car wash should ', never have been located here in the first place. Jan, please call me when you receive this a-mail. ~ Thank you, Joan T. Diedolf, Ph.D. Post Office Box 998 Eastport, New York 11941 Phone/Fax: 631-325-9210 E-Mail: joandiedolf~agmail.com 2/10/2009