Loading...
HomeMy WebLinkAboutMinutes 05-18-2010 RegularCITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY May 18, 2010 7:00 PM MINUTES CALL TO ORDER The Chair called the Meeting to Order at 7:02 P.M. ROLL CALL: Council Members Present: Mayor Rocky Randels Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Council Member Shannon Roberts Council Member Betty Walsh Others Present Acting City Manager Angela Apperson Acting City Clerk Mia Goforth City Treasurer Andrea Bowers City Attorney Anthony Garganese Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Parks & Recreation Director Robert Lefever Building Official Todd Morley Planning & Development Director Barry Brown Assistant Fire Chief John Cunningham City Engineer John Pekar PRESENTATIONS: Remembrance of Frank Maclay A moment of silence was held in memory of Frank Maclay, 4 th Mayor of the City of Cape Canaveral (1973- 1976). Scott Maclay spoke of his father and related some memorable anecdotes. Members of the Council affirmed their respect and fond memories of Frank Maclay. City of Cape Canaveral, Florida City Council Regular Meeting May 18, 2010 Page 2 of 6 REPORTS: City Historian Ray Osborne reported on the progress and planning of the upcoming "Jeannie Day" historic benefit to help fund the Historical Marker Program in the City. Mayor Randels agreed to be a judge in the event's Jeannie Look -a -Like contest. Discussion ensued and included communicating with the City of Cocoa Beach about the event. The Council reached consensus to have Mr. Osborne approach the City of Cocoa Beach City Commission to get an official decision on co- involvement in this event and to have Acting City Manager Angela Apperson talk with the their City Manager. Mayor Randels requested Mr. Osborne contact former Cocoa Beach Mayor Joe Morgan regarding his possible personal involvement in the event. City Attorney Attorney Anthony Garganese updated the Council on Royal Mansions and the progress of attempting to inspect a number of the units there. Assistant Fire Chief John Cunningham verbalized his efforts in inspecting the units. Business & Cultural Development Ms. Apperson updated the Council on Buy Brevard participation by the City, including the submission of a letter by Mayor Randels; she also mentioned working with a representative from Cocoa Beach Area Chamber of Commerce, the Business Tax Receipt program, and a table at the June Friday Fest being set up for the Buy Brevard program. AUDIENCE TO BE HEARD: Joyce Hamilton, resident, read prepared statements about the Outdoor Entertainment Permit Fee and the Paint and Plant Volunteer Program. Leo Nicholas, resident, requested refurbishment of the City Hall picture of Former Mayor George Firkins, offering to handle the refurbishment himself. Mayor Randels stated that he would personally look into the issue. John Grandlich, of the Cape Caribe Resort, reported on the finalization of the Agreement and Site Plan of Cape Caribe and presented the City with two checks for Ridgewood improvements ($30,000) and tree mitigation ($140,000). He expressed gratitude to the City for its hard work. CONSENT AGENDA: City of Cape Canaveral, Florida City Council Regular Meeting May 18, 2010 Page 3 of 6 1. Approve a waiver of any and all fees for the Movies in the Park on 5/21/10, 6/18/10, 7/16/10 and 8/13/10 2. Approve an Alcohol Exemption Permit and waive any and all fees for the Friday Fest Family Street Party on 6/4/10, 7/2/10, and 8/6/10 3. Approve an Alcohol Exemption Permit for Jeremy Graves for a private rental at Manatee Park on May 22, 2010 4. Approve the Second Quarter Budget Transfers for the Quarter Ending March 31, 2010, FY 2009/2010 A motion was made by Ms. Roberts and seconded by Mr. Hoog to approve Consent Agenda Item Numbers one, two, three, and four. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. CONSIDERATION /DISCUSSION: 5. Selection of the New City Manager. Mayor Randels thanked the Council for tabling this issue in his absence until he was present for such an important decision. Ms. Apperson left the room as she was a candidate for the position. Colin Baenziger of Colin Baenziger and Associates suggested a Straw Poll, where each Council Member selects two of the six candidates, with the choices to be tallied. The results of the Straw Poll were as follows: Angela Apperson, 2 votes; John Berchtold, 1 vote; James D. Bursick, 3 votes; Cory B. Carrier, 0 votes; John Drago, 0 votes; David L. Greene, 4 votes. The Council reached consensus to continue to a second vote between Mr. Bursick and Mr. Greene, as they were the only two to receive three or more votes in the Straw Poll. The results of the second vote were as follows: Ms. Walsh, for Mr. Greene; Ms. Roberts, for Mr. Greene; Mr. Hoog, for Mr. Bursick; Mayor Pro Tem Petsos, for Mr. Greene; Mayor Randels, for Mr. Greene. Discussion ensued and included Mr. Greene's intentions to stay at least 10 years if selected, Mr. Hoog stated that he would fully support Mr. Greene if Mr. Greene were selected, and the possibility of Mr. Greene mentoring someone within the City for becoming the City Manager in the future. Salary and job -title concerns in regards to Ms. Apperson were discussed, and Mayor Randels stated that these concerns will be addressed at a later date. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Roberts to hire David L. Greene as City Manager, subject to agreements and negotiation on salary and contract. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Mr. Baenziger stated that he anticipated having a contract ready by the next City Council meeting in June. Ms. Apperson returned to the room, and the Council expressed its gratitude for her work as Acting City Manager. City of Cape Canaveral, Florida City Council Regular Meeting May 18, 2010 Page 4 of 6 6. Consider a request for funding for the July 3 rd Fireworks at the Port — Michael Schwarz. Michael Schwarz, owner of Fishlips restaurant, requested City funding to help with the next "Fireworks on the Port" event. Mr. Schwarz described the history and details of this event, including the Port Canaveral Association's support in wanting to make it an annual event, how sponsorship has helped pay for it, the attendance last year of over 10,000 people, and the high costs of police, fire, and marketing to put on the event. Council discussion ensued and included not wanting to use taxpayer money, getting funds from individuals and businesses, using "Friends of Cape Canaveral" to organize and promote such funds, and for Ms. Apperson to approach the Sheriff's Department Commander to inquire about manpower in assisting with the event. 7. Discussion and necessary action related to the Taylor Avenue Area Stormwater System Repairs. City Attorney Anthony Garganese detailed the immediate need to make repairs related to this issue along with noting that staff is investigating how concrete got into the pipe. Assistant Public Works Director Jeff Ratliff described the stormwater drains and manhole filled with concrete, that the only way to accomplish the cleaning is through digging up the pipes, necessitating digging through the affected roads and sidewalks of Taylor, Orange, and Magnolia Avenues. Discussion ensued and included the urgency of the situation due to Hurricane Season approaching, the staff - approved cost estimate ($43,878.96), possible preventative measures, and paving being included in the cost. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Walsh to approve stormwater system repairs by Atlantic Development in the amount of $43,878.96 to be paid for out of the Stormwater Fund. Discussion ensued and included the frequency of inspections and the monitoring of the pipes. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Additional discussion ensued and included requesting Atlantic Development look at other roads for possible repair work, estimates from Brewer Paving in regards to that work, contacting the company that repaved the problem roads, and requesting Public Works Director Walter Bandish have an updated report at the next meeting. 8. Consider Ridgewood Avenue Improvements Project Northward Extension and requests for approval for: 1) Change Order #2 to Brewer Paving and Development, Inc; and 2) Additional funds to Stottler Stagg and Associates, Inc for additional drawings. Mr. Ratliff reported that the Ocean Woods Homeowners Association voted and turned down giving the City an easement. With this action, the City is back to "Square one" in extending the project northwards to the Ocean Woods entrance and constructing a City of Cape Canaveral, Florida City Council Regular Meeting May 18, 2010 Page 5 of 6 pedway. Mr. Ratliff explained that now the option is to simply replace and fix the existing sidewalks and curbing at a cost of $58,891, leaving the project under the original budget, and Mr. Ratliff no longer pushed for the extension to focus on getting the sidewalks fixed. Discussion ensued and included saving money by only replacing what already exists, and possibly using said savings for other projects in the future, such as streetlights. The Council reached consensus to go forward with only fixing the existing sidewalks. 9. Provide Direction related to the Stormwater issues at 8106 Presidential Street. Mr. Ratliff and Ms. Apperson explained the situation, dating back to 1992, of this house having flooding issues ever since a dirt alley was asphalt -paved by the City and the current property owner relying on an agreement between the City and the previous owners to fix it. Discussion ensued and included the old agreement not binding, the history of this issue being brought before the Council, no past recorded Council consensus on the fix, possible simple remedies to the flooding, and possibly having a "hold harmless" agreement with the current owners. Ms. Apperson reported that the current owners are interested in the City remediating or mitigating the flooding problem and were under the impression that the City would do the fix. Mr. Ratliff explained that a new quote will have to be acquired in regards to fixing the problem, with the most recent valid quote being $9500. The Council reached consensus that whatever work the City does will be in the City's right of way and will be brought back to Council with new quotes. 10. Discuss and provide input regarding the Proposed CRA Boundary and proposed Finding of Necessity Report. Planning & Development Director Barry Brown described the process of creating a Community Redevelopment Agency boundary (CRA), identifying the boundaries, including properties for fulfillment, the lack of fiscal impact on the City with no general fund assessment, wanting to include more rather than less in the CRA proposal, but not so aggressive as to run afoul of the County Commission, and an offer for anyone to review Brevard County Property Appraiser's office aerials at the Community Development Department. Council discussion ensued and included how much of the A1A corridor and right -of -way to include in the CRA, Florida Statute precluding using 100% of the City in the CRA, and Brevard County's possible negative reaction to an overly- aggressive CRA. Mr. Brown clarified this is a starting point, mentioned including the Presidential Street areas in the CRA, and describing architectural standards and signage. Attorney Garganese explained how the money must be used and where the lines are in the CRA. Additional Council discussion ensued and included the inclusion of some property over others, more explanation on the boundaries as presented, requests for Mr. Brown to forward information on blight from Florida Statues, the need for land to be contiguous otherwise separate CRAs must be made, and the lack of needing to include already - developed properties. The Council reached consensus to hold a Workshop Meeting at 5:30pm on June 1st to further discuss the CRA boundary. City of Cape Canaveral, Florida City Council Regular Meeting May 18, 2010 Page 6 of 6 11. Discussion and provide direction related to the Annual and Sick Leave Policies. Ms. Apperson explained the underfunded liability to the City for owing more money than what is set aside for employees who may leave in the near - future and cash -out their accrued sick leave or vacation time, highlighting the lack of adherence to the relevant City policies in regards to caps on accrued sick leave or vacation time not used, requesting guidance and discussion from the Council, suggesting that the Council agree that all accrued sick leave over the caps be eliminated and the policy and caps be followed from this day forward, and explained Family and Medical Leave Act requirements. City Treasurer Andrea Bowers explained that software used by the City has an option to automatically deal with cap overages, but was not used at the direction of the former City Manager. Attorney Garganese addressed the accrual method, suggested imposing subpolicy, mentioned conferring with employment lawyers, and a caveat for new vacation time accruing that might possibly exacerbate the problem. A motion was made by Ms. Roberts and seconded by Mr. Hoog to extend the meeting 15 minutes. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Council discussion ensued and included similar situations elsewhere, ways to "work down" the accrued cap overages, employee difficulties in taking vacations at certain times of the year, differences between comp hours and accrued vacation time, banking accrued sick time, employees' reactions to being "stripped" of hard - earned accrued time, possibly "grandfathering" in employees, and a desire for consistency. Council reached a consensus to abate the discussion on these issues and come back to them after receiving reports from staff. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:13 P.M. Rocky Randels, MAYOR Mia Goforth, Acting City Clerk SEAL of Cape Canaveral, Florida