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HomeMy WebLinkAboutMinutes 10-05-2010 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY October 5, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:01 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager David L. Greene Assistant City Attorney Kate Latorre Sheriff's Department Commander Alan Moros Assistant Public Works Director Jeff Ratliff Assistant Fire Chief John Cunningham City Clerk Angela Apperson PROCLAMATION: Proclamation designating October 9, 2010 as the official day to "Take Back the Night" regarding domestic violence against women and children Ms. Roberts explained the purpose of the proclamation is to bring awareness of domestic violence. Mayor Randels read the proclamation into the record. PRESENTATION: 2010 Fall Quarter Beautification Award (Multi - Family) Presentation to Shorewood Condominiums: Judy hale presented the award and a $25.00 gift card to Nan Roberts, President, and Elgan Stappe, Treasurer, of Shorewood Condominiums. City of Cape Canaveral, Florida City Council Regular Meeting October 5, 2010 Page 2 of 5 INTERVIEW Evelin F. Reid Applicant — Cape Canaveral Library Board: Assistant Attorney Latorre asked Ms. Reid if all the information in her application is true and correct. Ms. Reid responded in the affirmative. Ms. Reid explained the activities of the Friends of the Library, to which she is also a member. Council Members asked questions, to which Ms. Reid responded. The interview concluded with Council Members expressing their appreciation for Ms. Reid's service to the Board. REPORTS: Assistant City Attorney — Assistant City Attorney Latorre, provided an update on the cement that was dumped in the stormwater system. She indicated the City's expenses to date are just under $20,000.00 and there has been no settlement by the parties who are believed to have caused the damage. She indicated the potential costs to litigate the case could be $20,000.00 or more and asked the Council if they wanted to file suit to recoup the costs. Discussion ensued and included whether attorney fees could be reimbursed as a part of the settlement; the actions that have been taken to date, the need to make every effort to recoup all costs, including the cost of litigation. Consensus was reached to pursue litigation in settlement of this matter. AUDIENCE TO BE HEARD: • Alice Filteau expressed her concerns about beach vending, and urged for due care when giving direction to staff to be conscious of how the tax money is being spent. She urged for Council not to send items to the voters and to make these decisions. • Al Vicdomini agreed with Ms. Filteau in relation to not sending the beach vending issue to the voters. He spoke of the language in the Comprehensive Plan Amendment related to the Visioning efforts and expressed his belief that more public notice related to the amendment is necessary. Mr. Greene explained the steps that have been taken to evaluate the Comprehensive Plan for deficiencies and noted the amendment is to correct these deficiencies as well as add language related to the Visioning efforts. • Lee Vicidomini explained her understanding of the Comprehensive Plan Amendment and noted areas that concerned her. She noted statements that were made by former City Manager Boucher in relation to the Visioning Process. CONSENT AGENDA: Mayor Randels read the consent agenda items and inquired if any items are to be removed from the Consent Agenda for discussion. Mr. Hoog requested item number eight be removed. Ms. Roberts requested item number one be removed. 1. Approve Regular City Council Meeting Minutes: June 15, 2010 July 6, 2010 and September 21, 2010. City of Cape Canaveral, Florida City Council Regular Meeting October 5, 2010 Page 3 of 5 2. Approve Resolution No. 2010 -23: Appointing a First Alternate Member as a Regular Member and Appointing a Regular Member to The Library Board. (Linda M. Brown and Evelin F. Reid) 3. Approve Resolution No. 2010 -26; Reappointing Regular Board Members to the Code Enforcement Board. (James Hale and Karen Hartley) 4. Approve Resolution No. 2010 -27; Reappointing Regular Board Members to the Recreation Board. Carol Delano and Gene Petre 5. Approve a Special Alcohol Exemption Permit for Renee Ashley for a Private Wedding at Manatee Sanctuary Park on October 10, 2010. 6. Approve Addendum to Professional Services Agreement with Nick's Lawn Service Inc., to extend the Agreement through September 30, 2011, which corresponds with the City's Fiscal Year. 7. Approve Third Addendum to Professional Services Agreement with Black's Spray Service, Inc., to extend the Agreement through September 30, 2011, which corresponds with the City's Fiscal Year. 8. Award Proiect Work to Atlantic Development of Cocoa, Inc. (Atlantic) in the Amount of $24,115.00 for De- mucking of Stormwater Ponds at the City's Wastewater Treatment Plant (WWTP). 9. Approve Funds for MTN Resources LLC (MTN) in the Amount of $6,039.30 to provide services to meet Federal Stimulus Funds Reporting Requirements for the Ridgewood Avenue Improvements Project. 10. Approve Resolution No. 2010 -24; Supporting the Adoption of the Brevard County Municipal Voter Charter Amendment on The November 2010 General Ballot; Endorsing the Principles of Home Rule and Adopting the Policies Set Forth Below to Support the Premise that The City Of Cape Canaveral Should Have the Authority to Govern Within its Jurisdiction; Providing that Such Authority Should Not Be Eroded; Providing an Effective Date; and Authorize the Mayor to Sign a Letter Indicating Such Support and Placing it on the City's Website. A motion was made by Ms. Roberts, seconded by Mr. Hoog, to approve Consent Agenda Item Nos. 2, 3, 4, 5, 6, 7, 9, and 10. 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 one: The need to amend page 2, item number 2 was discussed. Consensus was reached to amend the minutes to read as follows: Consensus City of Cape Canaveral, Florida City Council Regular Meeting October 5, 2010 Page 4 of 5 was reached to amend the sign code to exempt Historical markers; to waive any permit fees and for the City Historian to investigate and present back to the Council the traditional historical markers and the costs for them; using a City sign shop, if possible; and pursuing grants to pay for the markers. A motion was made by Ms. Roberts, seconded by Mr. Petsos, to approve Consent Agenda item number one with the the amendments to the minutes of September 21, 2010. Discussion ensued and included Mr. Osborne's research has proven the difference between grants for private and public property and finding grants for private property is difficult. The motion carried unanimously, with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Item number eight: Council Member Hoog asked if the lowest bid includes the cost of cleaning the canal that connects the retention pond. Assistant Public Works Director Ratliff explained the process that was used to obtain the bids. Discussion ensued and included, the need to ensure no change orders were received for this project, if there is a standard that should be used for the rest of the City, the pond owners are to ensure their ponds are working properly, and the City's process of checking all (both wet and dry retention ponds) City owned ponds yearly. A motion was made by Mr. Hoog, seconded by Mr. Randels, to approve consent agenda item number eight. The motion carried unanimously, with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 11. City Manager Performance Evaluation Form: Mayor Randels reviewed the need for an evaluation of the City Manager, noting a blank form presented by the City Clerk and a request for Council comments to be made regarding the form at this meeting. Discussion ensued and included the evaluation cycle, the City Manager contract stipulating that an evaluation must be done within six months of hiring and an annual evaluation every June, other employee evaluations taking place on hiring anniversaries, the reasons for using a different form than was used for the previous City Manager, this form being common in concept, there being no real standard for an evaluation form, the rating system being too in -depth with 21 options, and the possibility of having a simple "'1 through 5" rating with no decimals for this six -month evaluation. Council reached consensus for the six -month evaluation form rankings to simply use 1 through 5. Discussion continued and included the merits of the "evaluation of departments" part of the form, that part being a way for Council members to give feedback to the City Manager for him to identify departments that he should look at or change, Council being split on the inclusion of that part, reasons for including or not including it, the possibilities of it being an online survey or being optional for a Council Member to rate and not counting towards the total score on the evaluation, and the option for writing comments on the "evaluations of departments" if a Council Member does not wish to rate the departments individually. Council reached consensus to stress "verbal and written correspondence" on page 2 of the form. Discussion continued regarding City of Cape Canaveral, Florida City Council Regular Meeting October 5, 2010 Page 5 of 5 where "Visioning" could be added to the form. Council reached consensus to add "Visioning and Strategic Planning" to item #6 "Planning and Organization" on page 3 of the form. Discussion continued and included the merits of adding Economic Development as an item on the evaluation form, reasons for not including it, hindrances to accomplishing everything the Council wants with the limited resources available, not wanting to make promises that cannot be achieved, Council needing updates for roles and responsibilities, requested Council direction being the purpose of this item being on the agenda, the time - sensitive requirement for finalizing this form, and a deadline for finalizing the form being October 22nd. REPORTS: 12. Council: Council Member Hoog: • Noted that the North Ditch is looking "very bad ", with no flow in the ditch and a very stagnant appearance. Council Member Roberts • Requested update on the bus shelters. Staff had noted in the weekly reports that all but two of the pads have been poured. • Requested a list of the contractors working in the City and who is responsible for oversight. • Requested a list of roles and responsibilities of City employees. • Urged for discussion on beach vending. Discussion ensued and included the past discussion related to beach vending and the last action taken by Council. Council reached consensus to place the item on the next meeting for further discussion of the Ordinance and the overall issue of beach vending. ADJOURNMENT: There being -no further business, the Meeting adjourned at 9:02 P.M. Rocky Randels, MAYOR Angela M. Apperson,CMC, City Clerk SEAL of Cape Canaveral, Florida