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HomeMy WebLinkAboutMinutes 06-15-2010 RegularCITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY June 15, 2010 7:00 PM MINUTES CALL TO ORDER The Chair called the Meeting to Order at 7:05 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 Acting City Clerk City Treasurer City Attorney Public Works Director Assistant Public Works Director Planning & Development Director Assistant Fire Chief Sheriffs Department Commander Sheriffs Department Lieutenant Sheriffs Department Sr. Staff Assistant Angela Apperson Mia Goforth Andrea Bowers Anthony Garganese Walter Bandish Jeff Ratliff Barry Brown John Cunningham Alan Moros Mike DeMorat Amy Moody PRESENTATIONS: Brevard County Sherifrs Office — Recognition of Lieutenant Michael DeMorat Mayor Rocky Randels presented Lieutenant DeMorat with a Certificate of Appreciation from the City, as Lieutenant DeMorat is to be promoted to Major by the Sheriffs Department and will have to leave his current position working in the City. Commander Alan Moros mentioned the upcoming official promotion ceremony for Lieutenant DeMorat and encouraged those interested to attend. City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2010 Page 2 of 6 Brevard County Sheriffs Office — Other Presentations Commander Moros discussed the success of the Police Athletic League flea market at the last Friday Fest, thanked Sheriff's Department Senior Staff Assistant Amy Moody for organizing the event and the City for working together with the Sheriff's Precinct in the effort, and brought forth the youths involved with PAL. Commander Moros then discussed the all- terrain vehicle that the Department has recently acquired, free for one year's use, from Kawasaki. Sergeant Scott Pikus, who worked on acquiring the ATV, discussed the benefits of having such a vehicle available for use in the City. Kevin Pruett — Cocoa Beach 4 th of July Fireworks Show Mr. Pruett reported this year's preparations for the event, including fundraising, the costs associated with sustaining the event, bringing forth Cocoa Beach City Manager Charles Billias and two event sponsor representatives, Layla Higgins from Kennedy Space Center and John Dowdy from JetBlue, and discussed wanting more involvement from Cape Canaveral residents in supporting the event. Council discussion ensued and included how Cape Canaveral's and Cocoa Beach's names would be used in the branding of the event and how much the City of Cape Canaveral is interested in spending to support the event. At the end of the Meeting, the Council returned to this topic. Discussion ensued and included the City having not budgeted any support for the Fireworks Show, but possibly putting support for the Fireworks Show as an item for consideration in next year's budget. Council reached consensus to not support the Cocoa Beach Fireworks Show. REPORTS: City Manager Acting City Manager Angela Apperson reported that the Space Coast League of Cities constitutional amendments, given to her by Council Member Bob Hoog, will be posted on the City's website. She then discussed having to reschedule the July 1 St Budget Workshop Meeting due to several Council Members not being able to attend and Council discussion ensued in regards to rescheduling the meeting. Council reached consensus to reschedule the Budget Workshop Meeting to June 30 at 5:30p.m. Sheriffs Department Commander Moros reported on the Cape Canaveral Precinct taking over the law enforcement services for the unincorporated area known as Avon -by- the -Sea. Commander Moros discussed the population of Avon, the volume and priorities of calls in past years, response times, the Cape Canaveral Precinct already having adequate staff to handle the addition of servicing Avon, and in what way and how much the City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2010 Page 3 of 6 residents of Avon would pay for being serviced by the Cape Canaveral Precinct. Ms. Apperson asked for Council feedback on the situation. Council discussion ensued and included each Council Member supporting this issue, the wants of the residents of the City, breaking down statistics in night versus day crime responses, and this being an incentive for future annexation of Avon. Council reached consensus to support the Cape Canaveral Precinct taking over law enforcement services in Avon. AUDIENCE TO BE HEARD: Leo Nicholas, resident, brought up concern that the beach vendor problem is growing, with two or three beach vendors having been seen on the wet sand area of the beach, and requested the Council address this issue quickly to preserve the City's beaches. Discussion ensued and included other enforcement measures that could be used to deal with the vendors, business license issues, and enforcing laws related to watercraft close to the beach. Council reached consensus for staff to include a written report related to beach vending in the next agenda for later consideration. City Attorney Anthony Garganese discussed reexamining the issue in regards to how other cities deal with similar situations and whether or not the issue is large enough to be brought up to the Florida State Legislature in their next session. Mr. Nicholas then stated his opinion that Avon -by- the -Sea should pay their "fair share" if they are to receive law enforcement services from the Cape Canaveral Sheriff's Precinct. CONSENT AGENDA: 1. Approve Regular City Meeting Minutes of March 16, 2010 2. Approve the Contract for David L. Greene as City Manager of the City of Cape Canaveral 3. Approve Resolution No. 2010 -09; Appointing a First Alternate Member as a Regular Member and a Second Alternate Member as a First Alternate Member to the Recreation Board (D. Raymond and C. Hale) 4. Approve proposed storm water improvement repairs to the City right -of -way located at 8106 Presidential Court and award contract for repair to Atlantic Development of Cocoa, Inc A motion was made by Mr. Hoog and seconded by Ms. Roberts to approve consent agenda items one, 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. Item number two Discussion in regards to item two ensued and included requested clarification on some portions of David L. Greene's contract, the lengthy period of time the hiring /contract process has taken, the car allowance amount in the contract versus City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2010 Page 4 of 6 the amount of driving distance the job would entail, the effort Mr. Greene has put forth during the hiring /contract process, Mr. Greene's difficulty in finding a residence within City limits that meets his needs, and comparing the terms of this contract versus other City Manager contracts in neighboring cities. A motion was made by Mayor Pro Tem Petsos and seconded by Mayor Randels to approve consent agenda item two. A motion to amend was made by Mayor Randels and seconded by Mr. Hoog to make the hiring date retroactive to the date Mr. Greene was chosen by the Council, June 1 2010. The amendment passed 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Discussion in regards to mileage /travel reimbursement ensued. The main motion carried unanimously, 5 -0, with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. The Council thanked Mr. Greene for his patience and submitting his candidacy for the job. Mr. Greene promised to work very hard for the City and to continue searching for a residence within it. CONSIDERATION /DISCUSSION: 5. Discussion and necessary action related to Bid No. 2010 -01 submittals for Mowing /Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and Lift Stations and Mowing /Slope Mowing of the Central Ditch: July 1, 2010 — June 30, 2010. Assistant Public Works Director Jeff Ratliff presented the Council with an explanation of the bid committee, how they reviewed the bids, and the resulting recommendation of Nick's Lawn Service. The Council discussed the scope of the contract. Sam Curtis of Paradise Lawns, one of the bidders, introduced himself and made a pitch to Council for this job. Discussion ensued and included the ways the bidders were ranked, the reasons one bidder was chosen over the others, and giving one bidder additional consideration requiring restarting the bidding process all over again to give the other bidders equal additional consideration. A motion was made by Mayor Randels and seconded by Mr. Hoog to award the contract to Nick's Lawn Service as recommended by Mr. Ratliff. Discussion ensued and included lawn service companies contracted by the City in the past. 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. City Attorney Anthony Garganese added that the Council is required to authorize the City Manager to finalize and execute the contract. A motion was made by Mayor Randels and seconded by Ms. Walsh to authorize the City Manager to negotiate and execute the 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. 6. Discussion and necessary action related to designation of one (1) City Official to APN be the voting delegate and to attend the Florida League of Cities' 84th Annual Conference in Hollywood, Florida on August 19th through the 20th , 2010. City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2010 Page 5 of 6 Mayor Pro Tem Petsos stated that he would be attending the Conference, but would only agree to be the voting delegate if no other City Council Member were attending. A motion was made by Mayor Randels and seconded by Ms. Roberts for Mayor Pro Tem Petsos to serve as the voting delegate from the City of Cape Canaveral at the Florida League of Cities' 84th Annual Conference and to vote however he sees fit. The motion carried 4 -1, with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. 7. (a) Approve Resolution No. 2010 -10; Amending the Existing Sick Leave Policy in Section 11 of the City of Cape Canaveral, Florida, Personnel Rules and Regulations; Providing for Incorporation into the Cape Canaveral Personnel Rules and Regulations; Providing for Repeal of Prior Inconsistent Resolutions, Severability, and an Effective Date. City Attorney Garganese read aloud the Resolution title and Mayor Randels read and explained the content of the Resolution and then opened the issue for discussion. Mr. Hoog proposed and distributed paperwork in regards to an alternate solution to the problem, offering employees a "payout" of their accrued sick leave cap overage at a significantly reduced amount, rather than eliminating it altogether. Council discussion ensued and included how accruals are listed on financial statements, past attempts to prevent accrual cap overages being dismissed by the former City Manager, the amount of accrued sick leave paid to employees leaving the City, and how auditors might have missed the issue in the past. Public Works Director Walter Bandish presented an "Attendance Performance Measure" memo which may have discouraged employees from taking as much sick leave as they could have. With this new information, Ms. Apperson agreed to support Mr. Hoog's proposal. Council discussion continued and included the City being run differently than a business, ways employees might be able to take more sick leave, having to abide by Family Leave requirements, and how the Resolution is mandating adherence to an existing City policy and not changing the policy itself. City Attorney Garganese recommended that employees sign a release or "hold harmless" agreement in exchange for any such payout as discussed. Mr. Bandish stated that he believes the employees in question who have accrued sick leave cap overages would most likely accept the payout, but he will have to ask them personally later to confirm. Additional discussion ensued and included making sure supervisors know that the accrued sick leave cap policy will be strictly enforced in the future, the accrual cap being automated in the future, an accrual report being available for anyone any time they need it, and ways to rebuild trust with the employees in regards to taking sick leave. Council reached consensus for Resolution 2010 -10 to be sent back and revised, and brought back to Council at the next meeting. 7. (b) Approve Resolution No. 2010 -11; Amending the Existing Annual Leave Policy in Section 9.04 of the City of Cape Canaveral, Florida, Personnel Rules and Regulations; Providing for Incorporation into the Cape Canaveral Personnel Rules and Regulations; Providing for Repeal of Prior Inconsistent Resolutions, Severability, and an Effective Date. City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2010 Page 6 of 6 City Attorney Garganese read aloud the Resolution title and Mayor Randels read and explained the content of the Resolution and then opened the issue for discussion. Ms. Apperson described the difficulties in employees "using up" the accrued vacation time in some departments, individuals taking a long period of time off having a large impact due to the size of the City's workforce, and a request for Council to consider the optional Resolution or paying out now for the accrued leave time cap overages to eliminate the problem immediately and keep to a 2 -year accrual cap after that. Dicussion ensued and included the merits of each of the options, the proposed timeframe for using up accrued leave time, the notion and possible difficulties of taking into account the pay rate of an employee from when the leave time was accrued to calculate the payout value, there being no provision for the City Manager to do a payout for an accrual cap overage, and notifying the employees affected by any change to the way the accrual cap is enforced. Council reached consensus for Resolution 2010 -11 to be sent back and revised with the option for employees to use up their accrued leave time by September 2011 with any unused accrued time to be paid out after that, and brought back to Council at a later meeting. Ms. Apperson suggested that if it takes longer than three hours to calculate the accrued leave time's value based on past pay rates, then the calculation idea will be abandoned and current pay rates will be used for the accrued leave time payout. Council reached consensus to support the three -hour calculation limit. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:01 P.M. Rocky Randels, MAYOR Mia Goforth, Acting City Clerk