Loading...
HomeMy WebLinkAboutMinutes 10-07-2008 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 7, 2008 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tern Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present City Manager Bennett Boucher Assistant City Attorney Kate Latorre City Clerk Susan Stills Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Recreation Director Robert Lefever PRESENTATIONS: Recognition of the Space Coast Little League Bulls. Mayor Randels called on Robert Lefever, Recreation Director, to recognize the Space Coast Little League Bulls as the 2008 District 22 Major Champions. Mr. Lefever presented the team with a Banner for the Little League field and then asked Mr. Hank Dinenno to introduce the Team Members and the League President, Mr. Jim Kontos. In closing, Mayor Randels thanked Mr. Lefever for his work with the City's Recreation Department. City of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 2 of 15 2008 Fall Multi- Family Beautification Award. Mayor Randels called on Ms. Judy Hale, Beautification Board Chairperson, to make the presentation of the 2008 Fall Multi - Family Beautification Award. Ms. Hale recognized Ms. Debra Carroll, of the Board of Directors, representing Sand Reef Condominiums at the comer of Johnson and Ridgewood Avenues for their Beautification efforts. Ms. Hale expressed appreciation on behalf of the Beautification Board and presented Ms. Carroll with an Award and a Gift Certificate. Ms. Carroll informed how the developer combined the former Ashton and Sandpiper Apartments to create this multi- family community of residences and she thanked the City and the Board for the recognition. REPORTS: CITY MANAGER • Mr. Boucher announced mobilization of the Baffle Box project. Lane closures have been posted to the public for the North side of Central Blvd. • Mr. Boucher reported that the North Atlantic Avenue and Central Blvd. intersection project, a $525,000 fully funded Brevard County transportation impact fees project, was given the notice to proceed. This project would include: a left tum -lane, installation of new sidewalks at the intersection, raised curbing and two mast arms. There will be, at times, lane closures and intersection closures with a four month timeframe for completion. The County will post electronic reader boards during the project. Mr. Boucher affirmed that the project will utilize flagmen; however, there will be times stated that the intersection will be completely closed, especially during utility work and the mast arm installation. Mr. Boucher stated that Brevard County assigned a project manager who would determine the scope of coordination and every attempt would be made to notify the public. • Mr. Boucher noted the memo distributed from the Beautification Board related to the use of the Commemorative Coins. STAFF Public Works Director • No report. Assistant Public Works Director • No report. Recreation Director • Mr. Lefever announced the Community Fall Festival on Saturday, October I I' from 11 A.M. to 4 P.M. Mr. Lefever announced the upcoming Tennis Jamboree on Friday evening October 24`" from 6 P.M. to 8 P.M. City of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 3 of 15 Mr. Lefever announced the upcoming Halloween Monster Mash Street Dance on Thursday, October 30 from 6:30 P.M to 8 P.M. in the Annex parking lot. Ms. Joyce Hamilton also announced Golf for Kids at Funntasia Fun Center on November 1 St from 11 A.M. to 5 P.M. sponsored by the Kiwanis Club. Proceeds will benefit Cape Canaveral youths. City Clerk • No report. City Attorney • Attorney Kate Latorre reported that Coastal Fuels filed a Petition for an Emergency Injunction in response to the City's issuance of a stop work order for work being performed on Tank 4, an Asphalt tank, for work without a permit. At an emergency hearing held today at 3:30 P.M., the Judge reserved a ruling giving each party five days to submit any additional legal argument in writing. A ruling is expected within a week. If the Judge grants their Injunction Petition, the City will need to require a permit specifically for the repairs to Asphalt Tank No. 4 only. CITY COUNCIL Council Member Shannon Roberts • Ms. Roberts reported that Commissioner Chuck Nelson would be available on Friday, October 31st from 9 A.M. to 11 A.M. at the Cape Canaveral Public Library. • Ms. Roberts inquired about an update from Mr. Phil Laurien. Mr. Boucher responded no report. • Ms. Roberts inquired about feedback from the Library Board on his Proposal for the use of the Library Meeting Room. Mr. Boucher responded that he asked them to consider the Proposal at their next meeting. • Ms. Roberts deferred discussion of the City Government Week activities to the item on the Consent Agenda. • Ms. Roberts asked about a barbeque thanking the Public Works employees. Mr. Bandish responded that no plans were in progress to date. • Ms. Roberts mentioned acquiring a status report related to the Board Member interview process. • Ms. Roberts brought out the parking issue on Anchorage Way and the potential of citing violators. Ms. Roberts mentioned how the size of the garages on Anchorage Way was not adequate for parking a standard size vehicle. Ms. Roberts stated the size of garages as part of the Planning and Zoning Board's review of development and redevelopment plans before the Cihr Ms. Roberts stated that Law Enforcement and Code Enforcement were pursuing a remedy. Ms. Roberts concluded that the broader issue was how the City approved its developments. The City Manager took note. City of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2006 Page 4 of 15 • Ms. Roberts brought up event banners and noted the challenge of effective signage on A1A She mentioned this for discussion purposes during the Sign Code discussion. • Ms. Roberts inquired about the status of the flags on both sides of the City entrance on State Road A1A. Ms. Roberts brought up the need for an aerial view photo for the City's new Home Page. She was exploring four sources to obtain a photo with the intent of acquiring a photo which depicted the whole of the City. • Ms. Roberts asked about the status of the model City shuttle. Mr. Bandish replied that the work was still in progress. • Ms. Roberts asked about the unfunded mandate letter. Mayor Randels replied that he contacted Senator Haridopolos; however, he has not had a reply to date. Council Member Nicholas • Mr. Nicholas stated that he would like a formal policy from the City Manager for the issuance of the Commemorative Coins and to know the cost of the coins and the number available. Ms. Hale informed that the Beautification Board Secretary has the information on the number ordered and the cost. Ms. Hale stated that 1,000 of the silver coins were ordered which were lightweight and inexpensive; however, only 50 of the other metal were ordered. Mr. Nicholas stated that the intent of the Coins was to promote good will for the City. Council Member Petsos • Mr. Petsos requested to have the County Commissioner meet with the Council with an explanation on what the County is doing with the $4 million plus of tax funding the County now receives. Ms. Roberts mentioned that Commissioner Nelson could be looking at the Community Redevelopment Agency funds that the City was anticipating. Mr. Petsos replied that CRA funding would be in addition to any return from the $4 million in tax funding. Mr. Petsos emphasized that, to date, it has been two years with no response from Commissioner Nelson. • Mr. Petsos inquired about the Bus Stop rant. Mr. Ratliff announced an upcoming meeting on Friday, October 17 with Space Coast Area Transit. • Mr. Petsos inquired about the Permit for Sand Fences. Mr. Petsos recommended that Staff touch base with the Department of Environmental Protection. • Mr. Petsos announced that he met with the District Secretary of the Florida Department of Transportation and one of their engineers on Monday, September 29 related to the turn signals on Central Blvd and State Road A7A. They are willing to conduct another traffic study once the new cruise ships dock at Canaveral Port Authority and when the seasonal residents return. Mr. Petsos requested that they conduct the study within the next 45 days. City of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 5 of 15 • Mr. Petsos also mentioned the traffic accident on State Road 528 related to median wires. The Expressway Authority is studying the issue and not the Florida Department of Transportation; however, an answer is forthcoming. Mayor Pro Tom Hoog • Mayor Pro Tern Hoog mentioned an additional crack on the opposite fin on the statue at Manatee Sanctuary Park. He stated that a fiberglass patch, and not merely paint, was needed to keep the statue from requiring further repair. Mr. Bandish took note. Mayor Randels • Mayor Randels recognized a note from Ms. Connie McKons who thanked the City for the Plaque and Certificate that she received for her service on the Board of Adjustment. The note card was one given to the Board Members at a previous Annual Board Banquet. The cards, featuring the City's Sand Fences, were drawn by local artist Ms. Darlene Hunt. Mayor Randels requested to have the note cards reprinted. • Mayor Randels asked the Council Members if there were any interest in purchasing benches for the places where the City would not install bus stops. Mayor Randels stated that he would bring this issue up during the Draft Sign Code Ordinance discussion. • Mayor Randels asked if there were any interest in continuing to pursue grants for City purchases. Council Members agreed that there was still an interest. Mayor Randels forwarded the Florida Grant Technical Program guide to Ms. Roberts for assistance with continued grant research. • Mayor Randels noted that he was one of four people who worked on a Defense Infrastructure Grant The committee secured $300,000 in the grant to install a helium gas pipeline. AUDIENCE TO BE HEARD: • Ms. Judy Hale reported on the disrepair of the Washington Avenue dune beach crossover fence. Mr. Bandish replied that the Public Works Department would work with the Sheriff and Fire Departments to lock the fence in order for them to have access in emergency situations. The City Manager took note. • Mr. Eric Miner reported the inoperable gates at Portside Villas. He requested to have functional security gates. Mr. Miner stated the City asked them to detain their project in light of a planned deceleration lane planned by the developer; however, they had waited a substantial amount of time and residents were concerned for their safety. Council agreed that the City did not have the authority to detain the residents from fixing the inoperable gates. • Mr. Tom Garboski, of 303 Surf Drive, asked if the Council planned to proceed with litigation related to Coastal Fuels. He asked if the Council planned to seek legal counsel. Attorney Latorre stated that the City's law firm has six Board City of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 6 of 15 Certified attorneys on staff. She stated that it was the City Council's decision to seek other legal counsel if they desired to do so; however, the City's law firm was well able to defend the case. Attorney Latorre explained that there were two separate proceedings: 1) which would go before the Board of Adjustment which could possibly come before the Council if an Appeal was filed and 2) the Injunctive Relief filed in Circuit Court which Coastal Fuels filed was a different legal proceeding. Mr. Boucher encouraged Mr. Garboski to obtain a copy of the documents related to Coastal Fuels from the City Clerk's Office. Mr. Ray Osborne announced that Ms. Susan Perez would be the Speaker at an upcoming Green Building Practices meeting on Thursday, October 9"' at 11:30 A.M. to 1:30 P.M. at the Sunrise Bank. Her topic will be Green Building Practices and its application in the design of the Sunrise Bank. PRESENTATION: Cape Canaveral: Images of America, by Author Ray Osborne. Mr. Ray Osborne explained how Arcadia Publishing was seeking a new author for their historical book series, Images in America, and he was invited by Mr. Nick Wynne, of the Brevard Historical Commission, to submit his work. Mr. Osborne informed that the 45th Space Support Wing at Patrick Air Force Base, the Brevard County Historical Society, and the Cape Canaveral City Clerk's Office provided many of the photos and background information. Mr. Osborne reviewed the cover and its depiction of new and old communication systems. Mr. Osborne reviewed the archeological artifacts and stories from the book. Mr. Osbome also noted those who were influential in the Space Industry. In summary, Mr. Osborne's book includes maps and photos of special events that were held in Cape Canaveral as well as faith based activities during the City's early history. The book is available at Walgreen's and Books -A- Million and retails for $19.95. BOARD INTERVIEW: Patricia Miner, Prospective Board Applicant — Beautification Board. Ms. Patricia Miner was called to the podium. Ms. Miner affirmed that all of the information in her application was true and correct to the best of her ability. Ms. Miner stated that she has been a Brevard resident for approximately 25 years. Ms. Miner reviewed her extensive background in Landscaping. Ms. Miner explained that she and her spouse moved from Merritt Island to Cape Canaveral during the building boom. Council Members responded that she was a welcomed addition to the Board. Mr. Nicholas mentioned that one of the things that the Board desired in the past was a Garden Club and he hoped to see this re- established in the City. Ms. Roberts asked if Ms. Miner noticed any speck areas for recommendations. Ms. Miner replied that she was enthusiastic about seeing the new plants and pavers chosen for the Ridgewood Avenue beautification project. Mayor Randels stated that a Resolution to appoint her to the Board would be placed on the next City Council Meeting Agenda. City of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 7 of 15 CONSENT AGENDA: 1. City Council Regular Meeting Minutes of September 16, 2008. 2. City Council Special Meeting Minutes of September 3, 2008. 3. City Council Special Meeting Minutes of September 22, 2008. 4. Resolution No. 2008 -28; Appointing an Alternate Member as to Regular Member to the Library Board. (Harry Pearson) S. Proclamation Recognizing Florida City Government Week sponsored by the Florida League of Cities. Mayor Randels asked if any Council Member, Staff member, or interested party desired to remove an item from the Consent Agenda for discussion. Ms. Roberts requested to remove Item No. 5 for discussion A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Consent Agenda Items No. 1 through 4 as Amended. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 5. Proclamation Recognizing Florida City Government Week sponsored by the Florida League of Cities. Ms. Roberts asked if there were any further plans to honor the City staff during this week. Ms. Roberts also suggested planning forward in the future years as there were many ideas on the list provided by the Florida League of Cities. Mayor Randels stated that in previous years other Council Members had set up a Mock City Council Meeting in conjunction with the Cape View Elementary School classes; however he planned to teach the Second Grade classes during the upcoming City Government week. Ms. Roberts brought out some of the suggested ideas from the League such as a newsletter, using the City's web site, and coordinating a Speaker's Bureau comprised of Staff for future events. Ms. Roberts explained that an abbreviated Citizens Academy was also an idea. In conclusion, Ms. Roberts emphasized planning forward in order to obtain more City Council participation. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tern Hoog to Approve Item No. S. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 8 of 15 RESOLUTION: 6. Resolution No. 2008 -29; Approve the Final Re -Plat for Sea Shell Cay, North. (John Johanson, Applicant) Attorney Latorre read Resolution No. 2008 -29 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF "SEA SHELL CAY— NORTH'; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE REPLAT; PROVIDING FOR AN EFFECTIVE DATE. Barry Brown, Planning and Development Director, explained that Lot 3 was originally platted for a single - family home; however, on March 24, 2008 the Board of Adjustment granted a Special Exception to construct three townhomes on the property which is zoned C -1 Low Density, Commercial. Staff reviewed the re -plat and recommended approval. On September 24 the Planning and Zoning Board unanimously recommended approval. Mayor Randels questioned the attached Joinder and Consent Agreement. Attorney Latorre explained that the Joinder and Consent document related to a plat with a mortgage. If the bank should foreclose on the mortgage, it would not foreclose on the recording of the plat. The property would remain subdivided regardless of the mortgage. Mr. John Johanson clarified for Ms. Roberts that the property was not near North Atlantic Avenue. Mr. Johanson replied to Ms. Roberts that these properties had more than adequate parking; unlike the properties on Anchorage Way. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Resolution No. 2008 -29. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATIONS: 7. Motion to Approve: Approval of Emergency Removal of Muck and Sediment from the Central Blvd. Canal in the Amount of $18,040. Mr. Bandish explained that this Emergency Removal was performed in anticipation of Tropical Storm Hanna. Mr. Petsos clarified that the City planned to apply for Federal Emergency Management Agency funding. Mr. Tom Garboski, of 303 Surf Drive, asked about the yams of material removed. Mr. Bandish replied between 95-and 120 - yards. A motion was made by Mayor Pro Tom Hoog and seconded by Ms. Roberts to Approve the Approval of Emergency Removal of Much and Sediment from the Central Blvd. Canal in the Amount of $18,040. The vote on the motion carried 5-0 City of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 9 of 15 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 8. Motion to Approve: Emergency Stormwater Pump Rental in the Amount of $9,680. Mr. Bandish reported that these were 6 -inch and 10 -inch pumps rented in anticipation of Tropical Storm Hanna. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve the Emergency Stormwater Pump Rental in the Amount of $9,680. The vote on the motion carried "with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 9. Motion to Approve: One -Year Renewal of the Street Sweeping Contract with USA Services of Florida, Inc. Mayor Randels explained that this was a requirement of the National Pollution Discharge Elimination System program and the Stormwater Program. A motion was made by Mr. Petsos and seconded Mayor Pro Tom Hoog to Approve the One -Year Renewal of the Street Sweeping Contract with USA Services of Florida, Inc. in the Amount of $ . The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 10. Motion to Approve: Contract for Audit Services with McGladrey & Pullen. Ms. Yvonne Claybome explained the highlights of the new auditing standards. In early 2006, policy makers were tasked with strengthening the quality of audits and introduced these new standards for comprehensive audit methodologies. It is a Risk Based Audit Approach. The audits will be scaled to the size and complexity of each entity. The fundamental feature of the revised audit process is the ability to adapt to each audit situation. The fundamental shift would move away from a substantive, standard approach using checklists. The new approach would seek a more direct link between the audit risk identified during the information gathering phase and the actual audit. In summary, the audit was tailored around identified risks. Ms. Claybome explained the elements related to the audit framework. The five elements include: 1) the control environment, 2) a risk assessment process, 3) control activities which are the actual procedures, 4) information and communication which is how that communication is distributed through the entity, and 5) monitoring. Ms. Claybome emphasized that the stronger the City's documentation and application of the controls the better the audit firm could understand the identified strengths and weaknesses and therefore tailor the audit approach for effectiveness. Ms. Claybome noted how internal City of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 10 of 15 Risk Assessment was vital and recommended, but not required, by the firm. Ms. Claybome replied to Mayor Randels that Staff could address the identified Risks while developing procedures. Ms. Claybome explained that once risk was identified, then during the year Staff could address the prioritized risk to aim for risk reduction. Ms. Claybome clarified for Mayor Randels how the firm would lose integrity if it totally integrated with the Client's software and needed to remain somewhat autonomous. Ms. Claybome explained how the firm now meets and asks questions of Staff at the operational levels which is called a "Walk Through." This was essential in identifying risks and allowed the firm to design audit procedures that result in the highest quality Audit. The new standards focus more on financial controls over financial reporting. The audit would accumulate and present data according to the Generally Accepted Accounting Principles and there needed to be specific controls around that process. Ms. Claybome informed that the firm's IT Auditors were used for the first time this year. Ms. Claybome expressed how electronic data required specialists due to the nature of ease in losing the audit trail in an electronic environment. Ms. Claybome stated that more of the work would shift to prior to the fiscal year end in order to gain more live data. Ms. Claybome summarized that the impact of the new standards was unique to each organization. She stated that Statement on Auditing Standards [SAS] 103, a new audit standard, was at times included in the risk assessment suite and required more comprehensive documentation. All aspects of the work papers required more detailed documentation. Mayor Randels questioned significant deficiencies. Ms. Claybome explained how an accumulation of significant deficiencies can become a material weakness. Mayor Randels noted a substantial increase in the Contract cost. Ms. Claybome stated that the cost was within the projected range and the current year's increase included a Cost of Living increase. The Cost of Living increase is the standard increase that the Council could anticipate going forward. Ms. Roberts requested a more simplified and less repetitious document and she also recommended a work schedule as well as a cost breakdown related to the work performed. Ms. Roberts also suggested a more executive document for presentation to the decision makers. Ms. Roberts also expressed concern about the 5.5 percent cost of living increase reflected in the auditor's proposal, particularly time period. Ms. Claybome stated that she presented the document subsequent to discussion with the City Treasurer and the firm's additional letter was an attempt to clarify any issues. Ms. Roberts requested to obtain an executive decision making document in the future. Ms. Claybome responded that she would return to the industry group and explain the need to refine the document which was written to industry standards. Ms. Roberts questioned why the firm was seeking a 17 percent increase, when in a September 15 letter they recommended a 10 to 15 percent increase. Ms. Claybome explained how 10 to 20 percent was the negotiated range. Ms. Roberts stated that the increase was overestimated and not fiscally conservative given the economic times. Ms. City of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 11 of 15 Claybome stated that she did not feel that she was presenting an unjust or unearned fee based on the firms' years of service with the City and the quality of work provided. Ms. Claybome stated that the firm provides a quality document annually which assists the City with its ability to keep or maintain its credit rating and its ability to maintain a Certificate of Excellence. Ms. Roberts stated that she was seeking a managerial improvement type of report. Ms. Claybome responded that the client service philosophy remains the same as the managerial improvements were included within the document. Ms. Claybome contended Ms. Roberts' issue that the same level of service had changed as the management comments were still in the report. Mr. Petsos expressed his concern with the firm becoming too connected to the City by reason of discussion with Staff at the operational level and the inability to using any other firm. Mr. Petsos also stated his concern with the cost increase. Ms. Jill Reyes explained how the first year fee is generally higher.. She also noted that some of the preparatory work could be performed by City Staff, however, the firm, as external auditors, could only rely on that data to a limited extent. Ms. Reyes stated that in the previous year, because the City ended its fiscal year at September 3& and not December 31 the new audit standards did not apply. Mayor Pro Tern Hoog addressed the increase as well. Ms. Reyes stated that McGladrey and Pullen attempted to reduce its staff from four to three with herself and Ms. Claybome serving two functions. Ms. Reyes replied to Mayor Pro Tern Hoog that the firm did not foresee contracting a third party in this audit. . Mayor Pro Tem Hoog asked the City Manager if the amount were budgeted. Mr. Boucher affirmed that the cost was budgeted. Mr. Boucher agreed with Ms. Roberts and requested a timeline to implement the SAS 112 requirements including the actual hours for labor costs. In summary, Mr. Boucher acknowledged that the audit was moving toward risk aversion and risk assessment. Mayor Randels questioned who sets the Standards Board rules. Ms. Claybome replied that there were three levels of Standards Boards: Auditing Standards, Accounting Standards and Governmental Accounting Standards. Ms. Claybome clarified that she informed the Council in previous years about the anticipated Auditing Standards. Ms. Roberts expressed that the firm was not taking on the standards related procedures as part of enrichment to their capabilities rather than passing on the cost to the client. Ms. Roberts brought out that the Council did not discuss the Auditing Contract during the City's Budget process. In conclusion, Mr. Boucher emphasized the need to obtain the amount of labor hours related to the new SAS 112 requirements. A motion was made by Mayor Pro Tom Hoog and seconded by Mr. Petsos to Approve the Contract Audit Services with McGladrey and Pullen in the Amount of $42,600 to include the City Manager's Request for Additional Time Standards. The vote on the motion carved 4 -1 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, Against. City of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 12 of 15 11. Motion to Approve: Parks and Recreation Schedule of Fees. Robert Lefever, Recreation Director, stated that 2002 was the last time the City implemented Fee Schedule increases. City Council approved this fee increase during the Budget Workshops in August. Mr. Lefever also stated that the Recreation Board approved the fees. Mr. Lefever stated that he, along with the Board, found the new fee structure fair and competitive. Mr. Lefever replied to Mr. Petsos that the Manatee Sanctuary Park fee was significantly higher than the fee for the Cocoa Beach Pavilion; however, he found the rate fair and competitive and would support it. Mayor Pro Tern Hoog informed that he received feedback that the City's rental fees were too low. Mr. Lefever stated that he was unable to present a corporate rate without research; however, he could come back to the Council for consideration at another time. Mr. Lefever stated that Park rental included the pavilion and adjacent grounds; however, the boardwalk was a public area. Mr. Lefever expressed that the park was well used and provides a high quality service. Mr. David Shirtzinger stated that there should be a price discount rental rate for residents. Mr. Lefever responded that after deliberation, he and his staff would find it difficult to ascertain who was a resident. The new rates would begin on October 13, 2008. Mr. Lefever informed that the Summer Schedule would continue through December 2008. A motion was made by Mr. Nicholas and seconded by Mayor Randels to Approve the Parks and Recreation Schedule of Fees. The vote on the motion carried 4 -1 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, Against; Mayor Randels, For and Ms. Roberts, For. 12. Motion to Approve: Amendments to the Collective Bargaining Agreement with the International Union of Operating Engineers, Local 673 (AFL -CIO). Mayor Randels reviewed the items related to the Sign Offs between the City and the Union. Mr. Boucher noted that visible tattoos were becoming an emerging issue. Mr. Boucher stated that this Provision would be included in the new City handbook. Mr. Bandish informed that the Union Steward agreed to adopt the new standard. Ms. Roberts expressed the impracticality of covering up any tattoos on the forearm with a long sleeve shirt. A motion was made by Mr. Petsos and seconded by Mayor Pro Tom Hoog with the Acknowledgement there were no Impasse Items. The vote on the motion carried "with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 13 of 15 13. Motion to Approve: Space Coast League of Cities 2009 Legislative Priorities. Mayor Randels listed the items as presented. 1) Municipal Home Rule 2) Beach Re- Nourishment 3) Use of Cameras at Signaled Intersection for Speeders 4) Fireworks' Use Regulations 5) Transportation Improvement Funding; and 6) Certificate of Public Necessity Ms. Roberts recommended discussion of the prioritization. Ms. Roberts mentioned the importance of Item No. 5) Transportation Improvement Funding and the issue of Fireworks. Mayor Pro Tern Hoog responded Transportation Improvement Funding was already in discussion by one of the League Committees. Ms. Roberts stated that Item No. 3) the Use of Cameras at Signaled Intersection for Speeders need not appear to be a higher issue of prioritization. Mayor Pro Tern Hoog clarified that the City's priorities were already in discussion with the League Committees and Fireworks was no longer under discussion. Mr. Petsos stated that the Florida League to Cities has set the priorities list for 2008. Therefore the Space Coast League of Cities priorities list was subsequent to the League's list. Ms. Roberts stated her disapproval of the list as presented and requested exchanging Item No. 5: Transportation Improvement Funding with Item No. 3) Use of Cameras at Signaled Intersections for Speeders. Mr. Boucher informed that he shared the City's Unfunded Mandate Letter with the beach -side City Managers. There was consensus among these City Managers to request that the Legislators of Reform Growth Management remove built -out communities from this process and transition these communities to a Redevelopment Planning process. He recommended adding this verbiage to the priorities list. Mayor Pro Tern Hoog clarified removing Item No. 4) Fireworks Use Regulation from the list. Ms. Roberts clarified the list related to the motion as follows: 1) The Unfunded Mandate Letter to Senator Mike Haridopolos; 2) Municipal Home Rule; 3) Beach Re- nourishment; 4) Transportation Improvement Funding; 5) Use of Cameras at Signaled Intersection for Speeders; 6) Certificate of Public Necessity. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Re- Prioritize the Space Coast League of Cities 2009 Legislative Priorities List The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 14 of 15 A motion was made by Ms. Roberts and seconded by Mayor Pro Tern Hoog to Extend the Meeting Until 10:30 P.M. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 14. Motion to Approve: N. Atlantic Avenue Streetscape Project, Preliminary Design Study in the Amount of $30,170. Jeff Ratliff, Assistant Public Works Director, stated that this was a Shared Contract with the City of Vero Beach. Mr. Bandish explained that the project would not extend past Shorewood Drive. Discussion followed on the project boundaries. The Council agreed the North Atlantic streetscape project would cover from Monroe Avenue to the North City Limits on North Atlantic. Mr. Ratliff clarified that this was a Preliminary Design only. Ms. Roberts pointed out that Canaveral Blvd. was not listed. She also pointed out that benches and pedestrian ways were not identified. Mr. Bandish responded that the Town Meetings would address details. Ms. Roberts suggested adding the Planning and Development Director to the list of Staff members listed in Items 3 and 6. Ms. Roberts asked about the proposed schedule. Brad Smith, of Brad Smith and Associates, Inc. replied that he could begin the preliminary design project within three months in order to expedite getting to the point of the Public Meetings. Mr. Tom Garboski expressed that this project was a waste of public funds and the Council should finish the Ridgewood Avenue project before beginning another project. Mr. Garboski also expressed the need to save the preliminary design fee cost until the City was ready to begin the project. Mayor Pro Tern Hoog asked if there were additional fees to the conceptual design phase, particularly as it relates to stormwater Mr. Smith stated that Stottler, Stagg and Associates would work with him as they had done on the Ridgewood Avenue project; however, Stottler has their own fee structure and he affirmed that the City would incur additional costs. Mr. Shirtzinger expressed to see the continuity on the North Atlantic Avenue project as was done with the Ridgewood Avenue project. Mr. Smith explained how a survey was required, prior to construction, beginning on the North Atlantic Avenue project. Mayor Pro Tem Hoog clarified that although a preliminary design plan was performed, the existing infrastructure would dictate the progression of the project. Mr. Boucher stated the public hearings on North Atlantic would provide an opportunity for the residents to decide what design they would like for the streetscape Mr. Petsos expressed his agreement with Mr. Shirtzinger related to uniformity on the two roadway projects. Ms. Roberts pointed out that the residents may not want A1A Central Avenue. Ridgewood and North Atlantic to all have the same streetscapes and that residential input was key to the respective projects and the way we decide to proceed A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve the North Atlantic Avenue Streetscape Project, Preliminary Design Study in the Amount of $30,170. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 15 of 15 A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Extend the Meeting Until 10:45 P.M. The vote on the motion carried M with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 15. Motion to Approve: Ridgewood Avenue Streetscape Project, Final Design; Bid and Construction Services in the Amount of $49,300. Mayor Randels stated that this was a Contract with Greenblades of Central Florida and Brad Smith and Associates. Mr. Ratliff informed that the project was at 40 percent completion and this would bring the project up to 100 percent completion. This would include bid documents and some construction monitoring services. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Approve the Ridgewood Avenue Streetscape Project, Final Design; Bid and Construction Services. The vote on the motion carried "with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. ADJOURNMENT: There being no further business the meeting adjourned at 10:45 P.M. s Rocky Randels, MAYOR Susan Stil s, C . CITY CLERK