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Packet 04-07-2009 Regular
City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 7, 2009 7:00 PM REVISED AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: 2009 Spring Beautification Award — Ray and Carmen Ortiz BOARD INTERVIEWS: 7:05 p.m. — 7:15 p.m. Linda Brown and Leo Nicholas — Board of Adjustment REPORTS: 715 p.m_ — 7:30 p.m. City Manager Staff Business & Cultural Development Board Report AUDIENCE TO BE HEARD: 7:30 p, m.-7.45p.m. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 7:45 p.m. — 7:50 p.m. 1. City Council Special Meeting Minutes of March 10, 2009. 2. City Council Regular Meeting Minutes of March 17, 2009. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myRorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com DOW Cage Canaveral, Florida pity Councit Regular Meeting Agenda ApriO 7, 2009 Page 2 of 2 3. City Council Special Meeting Minutes of March 20, 2009. 4. Proclamation in honor of Motorcycle Safety and Awareness Month. 5. Outdoor Entertainment Permit — March of Dimes. DISCUSSION: 7:50 p.m. — 8:50 p.m. 6. 2009 Management Improvement Agenda. 7. Ridgewood Avenue Streetscape Project, Stottler Stagg & Associates. RESOLUTION: 8:50 P. tn. — 9:00 P.M. 8. Motion to Approve: Resolution No. 2009-07, Preliminary Replat for Caribbean Vistas Townhomes. CONSIDERATION: 9:00 p.m. — 9:45 p.m, 9. Selection of Color and Design for North Atlantic Avenue and Central Boulevard Crosswalk. 10. Structural Engineering Fees for Central Canal Improvements. 11. Annual Evaluation of the City Manager. REPORTS: City Council ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. MEMORANDUM TO: Bennett Boucher, City Manager Susan Stills, City Clerk FROM: Susan Chapman, Secretary, Board of Adjustment DATE: March 30, 3009 RE: Recommendation to City Council Board of Adjustment Three Potential New Board Members At the Board of Adjustment meeting held on March 16, 2009, the Board interviewed three potential new board members as follows: Linda Brown, Douglas Raymond, and Leo Nicholas. Following the interview and brief discussion, the Board agreed that all applicants were excellent candidates to sit on the Board as members. The Board members unanimously recommended that all three candidates be appointed to the Board. Further, the applicants should be seated on the Board in the order of their application submittal date. CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY E Pursuant to Section 2-171, Cape Canaveral D JUL i 5 2008 DOR COMMITTEE City Code requires prospective and existing board members to fill out an appLcafion. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1.1 Applicant Name: /— i AJ bA %yl, ZkocJ 2. Home Address: 8911 Z4,4 31� 1zJz� 3. Home Telephone: Oat, %`T�7, oSaS 4. Occupation. 5. Business Telephone: 6. Business Address: Lhezma_',/, 40YK B. EUGIBIUTY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote In Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. 4a. If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (Y) --f (N). M '� (N) — M— (N). , (Y) (N) M (N) --!--f 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a hoard or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) I/ (N) 6a. Are you related to at City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. [NTERESTS/EXPERIENCE 1. Brien state your interest ins rving on a City advisory board or committee: 1 iur /474 %%a f E1JPi one d%au/d G 7 -4, 2_ Briefly state any prior a erlences in serving on any governmental boa d or committee: ru�c� en e,/e Z1P4117-. -1 1&.,;,e J4 d�nl�/ O Zn,Zb/ 3. Please list any speciarized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: / Gi» �er��/ nr�en�r�• /�,rtJious Emd/iUmdi�� /niJd�it�� /�iP 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. b. 2 c. 3 d._ e. f. Beautification Board Board of Adjustment" Business and Cultural Development Board Code Enforcement Board* Community Appearance Board` Construction Board of Adjustment and Appeals* Library Board Planning and Zoning Board* Recreation Board Other. +Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American ✓ Female Hispanio-American Not Known Native American ✓ Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN 1S TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.3111-_326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: Initial appointment to any City board Is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting, Your application will remain effective for one year from the date of completion. If you should have any questions regarding the completion of this applicafton, please contact the City Cleric's Office at (321) 868-1221. Signature: Date: Gl��l /J� o�oo,c;., Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 NOV 1 9 2001L" CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARCOR COMMITTEE Pursuant to Section 2-171, Carse Canaveral Code � �..�..... ,,� ........F City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: 2. Home Address: " /V/ C /-/C:) 1,4j - 3. Home Telephone: -? Z/ — -7,'3 – YR 'r 7 4. Occupation: 5. Business Telephone: B. ELIGIBILITY A - The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 10431 4a If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (Y) �M (Y) (N) [&�Ww (Y) (N) 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent /0— to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check . performed on you by the City of Cape Canaveral? (Y)y (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) � 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTSIEXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: r 2_ Briefly state any prior experiences in serving on any governmental board or committee: y ryr cr 2 v S- Q 0-1 Z D Y 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 1742-7i1-/-tf ,'ry o wL cr p li L"- 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. __�, Beautification Board b. Board of Adjustment C. Business and Cultural Development Board d. Code Enforcement Board` e. Community Appearance Board` f. Construction Board of Adjustment and Appeals; g. Library Board h, Planning and Zoning Board* i. Recreation Board i. Other: "Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disdosure Form upon appointment to said board and prior to July 9 of each year following the initial appointment while still a member of said board D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-_326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321 ) 868-1221. Signature: Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an al also prohibits a person from serving on a City Board or Committee if tt convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL Applicant Name 2. Home Address: COMMITTEE oar e,4. To•+/N - w��� -fW- _tea..,_ r" / &I, F. 3. Home Telephone: / - -7F3 — co % V 4. Occupation: !`fes T / r'� 5. Business Telephone: 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. 4a If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: M�(N) (Y) (N) t/ M (N) (Y)(N) I/ 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) ✓ (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) ✓ 6b. if yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1 K, Briefly state your interest in serving on a advisory board or committee: Briefly state any prior experiences in serving on any governmental board or committee: .,)e s,) Pr 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or 4. In numerical sequence (I = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. _ Board of Adjustment' C. Business and Cultural Development Board d. Code Enforoement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals' g. Library Board h. Planning and Zoning Board' i. _ Recreation Board j. Other: Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the Initial appointment while still a member of said board. S--� D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American ✓ Male Asian -American Female Hispanic -American Not Known Native American -�- Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HERE13Y ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-_328, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City 's Office at (321) 868-1221, Signature: Date: j0! / C-7�12 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: April 7, 2009 Subject: Business & Cultural Development Board Report Department: Legislative Summary: The Business & Cultural Development Board at their March 18'" meeting unanimously recommended that the following two action items be included in their Report section of the April 7'" City Council agenda: Marketing Video Recommendation: Add "Introduction" verbiage on the Home Page that would incorporate the changes requested by the City Council. There is no cost involved and the board believes this would satisfy the council's concerns. The quote received by CCI to incorporate the changes is $1,210.00 Joint Workshop Request: The board is requesting a joint workshop with the City Council to review the draft Redevelopment Plan that was submitted to the council on March 28, 2007. The board is seeking council's formal adoption of the plan. Requested Council Action: City Council consider approval of the marketing video recommendation with no additional cost. City Council schedule a joint workshop meeting to review the draft 2007 Redevelopment Plan. Financial Impact: Marketing Video $0 - $1,210.00 Joint Workshop Meeting — to be determined ..............._............... ... ................................................................_..... Attachments: xo Supporting Documents Reviewed Submitting Department Head: Date: Approved by City Manager -° Date: City Council Action: [ Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape- n t\k im\m ydocu m e nts\adm in\co u n citWeet ing\20 09\04-07-09\b&od b.d oc Menvo To: BENNETT BOUCHER, CITY MANAGER �(r From: KIM M. MC INTIRE, RECORDING SECRETARY CC: BUSINESS & CULTURAL DEVELOPMENT BOARD Date: March 19, 2009 Ree ACTION ITEMS FOR THE APRIL 7, 2009 CITY COUNCIL MEETING The Business & Cultural Development Board at their March 180' meeting unanimously recommended that the following two action items be included in their Report section of the City Council agenda: Marketing Video Recommendation: Add "Introduction" verbiage on the Home Page that would incorporate the changes requested by the City Council. There is no cost involved and the board believes this would satisfy the council's concerns. The quote received by CCI to incorporate the changes is $1,210.00. Joint Workshop Request: The board is requesting a joint workshop with the City Council to review the draft Redevelopment Plan that was submitted to the council on March 28, 2007. The board is seeking council's formal adoption of the plan. ►l'i"aTie Attachments New Mtlj� Df C`af.'110 Canaveral wideir), Click on this Hak to view the new five minute marketing video about the City of Cape Canaveral, a, great place to live, work and, play! unft 1 &XON -Mak I &MAQ.&MMI&M GIVInsaw"ank I C&IUCOM� � QUINMAJOUqUa I QNIMWOrmall I tbwu I BCU,1 LiWa I gawaLlAwDAm M12akutlbo -WV-I?dmAJ PO'mn"� SIE)DER's A, F41' I C I'VT I rD4Q' ( 1' /'�, 7„ �/ A / �i �l � � ( iM„I fli M Welcome to Cape Canaveral, a vibrant beachside community located on Florida's mid-Atlantic coast, a uM short drive from Kennedy Space Center and the Orlando area attractions. Residents—from young uiuu Ipp ” families and professionals to young -at -heart retirees --enjoy great weather, beautiful views, and outdoor �uul u amenities. Businesses appreciate our proximity to space, defense, and medical technology companies, as well as exposure to over 1 million annual visitors passing through the city on Route AIA. s >r , % i 11 p ell offir He o I44IIIIIIIIIIIIII^^IIII IOUuUVIU a .0� � ylif //r �i/'� IINIIIII VIII 00 f(Y' i/ d t MMI Mys ply' Mus l i i Lhtl y I Web I 161.MALM. P YA 1 N�'A 'k I [AUMY)Yi q&fJMIQtaai a k ZMwkA We,_(A.R,�nrw.a I Pagel of 3 Kim McIntire From: Ashley Babb [ababb@cciflorida.coml Sent Thursday, March 19, 2009 8:25 AM To: 'Bennett Boucher Cc: 'Kim McIntire'; dmfia@cfl.rr.com;'Daniel Jones' Subject Video Changes Quote Importance: Nigh Bennett, Do quote to make changes to the City of Cape Canaveral vide*) is listed below, Please let me know if"'you have any questiotm, 'Thanks. Chane Quantity Work Rate Total Kennedy Space Center Change Change star on map to point to Kennedy Space Center instead of Cape Canaveral Air Station; 1 Final Cut Edit $ 150.00 $ 150.00 Change verbal to say "located between Kennedy Space Center and Patrick Air Force Base'; l Talent $ 150.00 $ 150.00 Change verbal to say "located between Kennedy Space Center and Patrick Air Force Base"; l Audio Recording $ 75.00 $ 75.00 Change verbal to say "located between Kennedy Space Center and Patrick Air Force Base'; l Audio Edit / Mix $ 100.00 $ 100.00 S 475.00 Retire in Florida Change OPTION 1 VIDEO ONLY Reference those wanting to retire in Florida or have second homes here 2 Shoot new footage $ 90.00 $ 180.00 Reference those wanting to retire in Florida or have second homes here l I Final Cut Edit 150.00 150.00 $ 330.00 Retire in Florida Change OPTION 2 AUDIO ONLY Reference those wanting to retire in Florida or have second homes here l Write Script Chane $ 200.00 $ 200.00 Reference those wanting to retire in Florida or have second homes here 1 I Talent 150.00 150.00 Reference those wanting to retire in Florida or have second homes here 1 Audio RecordiniZ 75.00 75.00 Reference those wanting to retire in Florida or have second homes here l Audio Edit / Mix. $ 100.00 $ 100.00 S 525.00 Remaster DVD and make new DVD copy i DVD $ 80.00 S 80.00 If all of the changes above are done at one time S 1,210.00 Ashley Babb Public Relations Communications Concepts, Inc.at universal studios 2000 universal studios Plaza Alda. 32, suite 107 Page 2 of 3 or and,o, FL 32819 Office:407-903-9730 www,cciflorida.co rn Corporate Office Cape Canaveral, FL (321) 783-5232 i o " O. From: Bennett Boucher (ma1lto:boucher-cape@cfl.rr.com1 Seth: Tuesday, February 24, 2009 11:35 AM To: Tom Affeld' Cc 'Ashley Babb'; 'lam McIntire' Subject: RE: City of CC Video WMV video format. City Council would like to incorporate the foil wing chan,gies to the video. Change star on map to point to Kennedy Space Center instead of Cape Canaveral Air Slation� Change rSpace �e. *4 video and make it more inclusive) Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL. 32920 phone 321-668-1230 fax 321-868-1224 cityofcapeca naveral.org From: Tom Affeld [mailto:taffeld@cciflorlda.com]' Sent: Monday, February 02, 2009 4:14 QM To: boucher-cape@cfl.rr,com Cc: 'Ashley Babb' Subject, City of CC Video WMV video format. Hi Bennett; Please see attached Windows Media File of the City of CC video. Let me know if you have any questions.. this video was rendered in order to be played/streamed at 256 Kbps and is TOMB in size. This is the recommended quality for a video that is watched on the slower side of the broadband bandwidth spectrum... suitable for viewing on the less expensive broadband connection speed... for example the $30 a month brighthouse or the $20 a month DSL connection... We also have a version that is meant to be played on the higher end of the broadband spectrum that is rendered for 512 Kbps that is 20MB in size. This would be suitable for the $50 a month BrightHouse roadrunner plan. Let me know if you want this version and I will send it to you. Regards Tom Affeld 3/19/2009 Page 3 of 3 Web 6 New Media 7980 N. Allantic Ave. Cape Canaveral, f1-32920 Office: 321-M3-5232 E)d:230 No virus found In this incoming message. Checked by AVG - www.avg.com Version: 8.0.237 /Virus Database: 270.11.3/1969 - Release Date: 02/24/09 06:43:00 3/t9/2009 CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 10, 2009 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Mayor Randels reported that the City Attorney was in transit at the time of Roll Call. 1. The Improved Management and Safety of the City of Cape Canaveral, including a Fact -Finding Review of the City Manager's Investigative Findings Related to the City's Building Official. Mayor Randels asked the Council how they desired to proceed. Ms. Roberts suggested having the City Manager review how he reached his findings and then to have Mr. Todd Morley respond. [Attorney Garganese arrived at this time.] Mr. Petsos stated that the Council needed to review procedures and policies related in issuing the Certificate of Occupancy [CO] and life safety. Mayor Pro Tem Hoog stated that he would like to hear from the two Departments and then to proceed with how the issue evolved and the sequence of events. Ms. Walsh stated that she too desired to address the life/safety issues and the controls and procedures. Mayor Randels recounted how two issues were found related to life/safety at some recently constructed business buildings. The City Manager in his concern for public safety reviewed the issues with the Building Official which led to this meeting. Mayor Randels asked the City Attorney if there were any instructions to the Council. Attorney Garganese stated that there were the life/safety issues before the Council, the management processes related to the Certificate of Occupancy, and several recent incidents which were within the City Council's investigatory powers to uncover the City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 2 of 20 breakdown in protocol and to repair the problems that currently exist and those going forward relative to management processes and protocol. Ms. Roberts added addressing Human Resources processes too as they relate to this incident with regard to documentation, sequencing of events, and sequencing of signatures and dates. Mayor Randels referred to the City Charter and how City procedures were outlined. He explained that the City Council sets City policy and directs their action through the City Manager; however, the City Council does not get involved in the day-to-day City operations. Mayor Randels explained further the City Council's role was strictly related to policy but hiring and firing of personnel was left with the City Manager. Mayor Randels read the City Charter, ARTICLE 111 Division 1, related to the City Manager's duties. In summary, the City Manager works for the City Council and the City Council works for the electorate. The City Manager is in charge of the hiring, firing, the review, and the performance evaluations of all of his Staff. Mr. Boucher read his findings into the record. [Findings attached.] Ms. Roberts asked if Mr. Boucher planned to address each item, for example, the Country Inn and Suites issue first. Mr. Boucher affirmed. Mayor Randels pointed out that the City Manager forwarded a letter to the City Attorney on December 31, 2008 related to this issue prior to the City Council`s awareness of it. However, this is typical to an Investigation. Mr, Boucher clarified that he, Attorney Gary Glassman and Mr. Morley reviewed all of the allegations with Mr. Morley on December 11, 2008 and he waited for a response from Mr. Morley. Mr, Morley responded on December 17, 2008 based on the interview held on December 111", Mr. Boucher affirmed that yap to that time, the City Council was not privy to this information. The City Manager issued his findings on December 31, 2008. Mr. Boucher stated that there were some other issues; however, he preferred to address each issue one at a time. Attorney Garganese reminded that there was a life/safety issue relating to an uninstalled smoke control system. He stated that the City Manager received a copy of a report which indicated that a smoke control system or some other fire protection was required. Attorney Garga;nese stated that the issue before the Council was why the Certificate of Occupancy [CO] was issued when these Fire Code requirements were not met; therefore, the issue before the Council was what can the City do to correct that problem and what can the City do to keep that problem from happening again. Ms. Roberts stated, in fairness to the process, that she would like to hear Mr. Morley's response related to the Country Inn and Suites and any comments on the findings Mr. Boucher received today. Mr. Todd Morley addressed the City Council and the audience stating that he would present a narrative of the events with accompanying documents. Mr. Morley returned to the inception of the Country Inn and Suites project, beginning with the architectural City of Cape Canaveral, Florida City Council Special Meeting March 10. 2009 Page 3 of 20 drawings. Mr. Morley pointed to the First Floor and Lobby area of the Country Inn and Suites. He indicated the upstairs and stairs leading to it. Mr. Morley then identified six guests rooms and two corridors. He stated that there were six guest rooms not located within the corridor. Mr. Morley clarified that the Third Floor of the hotel was not open to the lobby area; the central lobby area was only open to two stories. Mr. Morley identified the Plans Review Transmittal Sheet (July 2004) and stated that the Plan Review 1 was completed August 2004 and there were many items to address, but an atrium/smoke-control device was not part of them. Mr. Morley replied to Mayor Randels that he performed the Plan Review. Mr. Morley indicated that the FAX sheet was sent in August of 2004 with the Fire and Building Department reviews. Mr. Morley indicated the Fire Department review it which did not make mention of a smoke control system or smoke doors on this review. Mayor Randels asked if this was the plans review. Mr. Morley proceeded to the Second Review due to hire receiving some revised plans. When this happens, the contractor returns with a new submittal of revised plans. In this January 20, 2005 document indicates that the Fire Department Plans Examiner had additional questions. This person was a different Plans Examiner regarding the latest Plans Submittal. Mr. Morley noted No. 9 in which he wrote, "a smoke catch was indicated on Sheets A 1.1 through A1.4 but there was nothing on the mechanical plans showing any associate duct work for the system. Mayor Randels clarified that discussion was centered on Page 3 of the Country Inn and Suites documents from Mr. Morley. Mayor Randelsaskedif the "smoke catch" was the item in question. Mr. Morley responded that the smoke catch was related to the item in question. Mr. Morley stated that this was the first reference to a smoke control system. He expl=ained how the smoke catch was a voluminous indentation in the ceiling, basically placed above the ceiling. It is the highest place the smoke can reach. Being the highest place that smoke can reach, this would be the place to install the duct work if one were to exhaust the smoke from the room. The Fire Department Plans Examiner asked why would there be a smoke catch without duct work to pump the smoke outdoors. That would be a smoke control system, The Architect answered that no duct work was required because no smoke control system was required. The Architect chose to leave the smoke catch. The Architect further clarified that this lobby area does not need a smoke control system because it is not an atrium. Note that Code requires atriums to have a smoke control system; however, if the space is not defined as an atrium, it does not need a smoke control system. Mr. Morley stated that this became complex issue because of the Second Floor corridors being unprotected from smoke rated doors. There was no easy way to achieve this because of the unique configuration of the Second Floor guest rooms both inside and outside the corridors. When a complex issue such as this arises, the Building Official is authorized to rely on the Certification of the Architect in accordance with Florida Building Code City of Cape Canaveral, Florida City council Special Meeting March 10, 2009 Page 4 of 20 Section 104.5.2. The Building and Fire Department approved the issue and issued the permit as it stood. On October 29, 2004 the Building Permit was issued and construction began. Mr. Morley referred to the 2001 Florida Building Code, [FBC] definition of an atrium. Mr. Morley clarified that this space failed to meet the definition of an atrium under the 2001 FBC. Mr. Morley clarified that the hotel was permitted under the 2001 Florida Building Code. Mr, Morley clarified further that the Building Codes lag, saying how the 2004 Florida Building Code did not become law until March 1, 2006. Mr. Morley presented the definition of an atrium from the 2001 Florida Building Code, "a space intended for occupancy within a building extending vertically through the building and closed at the top." Mr. Boucher asked Mr. Morley if he used the full-body of the Code which more clearly defined what an atrium was not. Mr. Boucher would address his point when the Fire Representative spoke. Mr. Morley stated that he also referred to the 2000 International Construction Code [ICC], which is the parent document of the FBC, which provided a more helpful definition specifying the number of floor levels the opening could go through. By specifying that the opening goes through two or more floor levels it was stating that the minimum levels was three. The ICC code stated, that the definition of an atrium was, "an opening through two or more floor levels..." Floor levels did not include balconies within assembly groups or Mezzanines which comply with Section 5.5. This definition states that you must penetrate through two or more floor levels, which is a six-inch thick concrete slab. He explained that going through two floors means going through three stories, for example, going through two doors means going; through three rooms. Mr. Morley clarified for Mayor Randels that the ICC Code was the parent document to the FBC. Mayor Pro Tern Hoog inquired how often the ICC changes but Mr. Morley was not certain, Mr. Petsos ascertained that the City used the FBC although Mr. Morley had spoken of the ICC in the past relative to the Property Maintenance Code. Mr. Morley clarified that his discussion was related to the International Property Maintenance Code standards. Mr. Morley stated that Florida Legislature mandates that the State adopt the Florida Building Code which is a carbon copy of the ICC with some Florida specific changes. Mayor Randels clarified that a key point was whether this was an atrium. Mr. Morley replied that all his decision was based on was that this was not an atrium. Mr. Petsos asked if Mr. Morley had worked with the Fire Department to ascertain if there was a life/safety issue. Mr. Morley stated that he talked with the Fire Department throughout the project. Mr. Petsos stated that he could see where Mr. Morley had spoken with the Architect, Mr. Weber, but not with the Fire Department. Mr. Morley City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 5 of 20 explained a lot of the conversations were not records in document form. He stated that 95 percent of this was verbal and 5 percent in document. Mr. Morley identified an article for his research which stated, "if you have an atrium of more than two stories, the atrium shall be provided with smoke -control systems." Mr. Morley stated that there were only two stories, since it only goes through one floor. Mayor Randels noted that the article was from Fire Protection Engineering Magazine. Mr. Morley stated that smoke -control shall not be required for a two-story atrium and he underlined the applicable parts. Mr. Morley noted significant changes have occurred regarding atriums since the 1997 Uniform Building Code (UBC, another Code Book outside of the ICC) the most notable change was that the UBC defined an atrium as an opening between two or more "Floor levels." However, in developing the IBC the Code Officials tried to clarify the application of atriums, the IBC defines an atrium as an opening connecting two or more stories, this definition refines the UBC definition by changing the "floor level" to "stories," and calling it a "connection." rather than an "opening through" a floor level. Assistant Fire Chief John Cunningham asked Mr. Morley if all exceptions must be met. Mr. Morley affirmed. Mr. Morley noted: some feedback from the Building Official's Chat Room. Mr. Morley stated that 404.4, expep ions, "no stroke control was required for a two-story atrium." Mr. Morley stated, "'Section 707.27 does not require a shaft enclosure, why do you have to bring up the word atrium at all." "You cannot make them design it as an atrium, if it is three or more stories, so they can either design it as an atrium or a shaft." Mr. Morley said that he added this response to clarify that this space was not an atrium, but a shaft. Mayor Randels restated that this was a key point, "Was it an atrium or not." Mr. Morley stated that he still believed that it was not an atrium, but a shaft enclosure. A shaft enolosure was permitted to connect two stories without a smoke control system, provided it was not open to any hotel corridors cross connecting. In other words, the two hotel room corridors would have to be closed off to prevent the migration of smoke by the use of smoke proof doors. The Architect offered to install smoke doors in the corridors. At a job site meeting with the Architect, Mr. Morley explained that adding those smoke control doors would not solve the problem of the other doors located outside the corridor. He would need to address this very unique and complex challenge before the CO was issued. Mayor Randels questioned the definition of a shaft. Mr. Morley stated that any enclosed area that extended through two floors was considered a shaft. Under the 2001, FBC, 705.2.2: "All openings through a floor and penetrating through a floor shall be protected by a shaft enclosure." There were Exceptions, specifically Number 2, "A shaft enclosure was not required for a floor opening which meets all six of these conditions: 1) is not part of a required means of egress, 2) it is not concealed within the building construction, 3) does not connect more than two stories, 4) does not connect with a City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 6 of 20 stairway or escalator serving other floors, 5) is not open to any corridors in group (I and R) occupancies, or to corridors and non -sprinkler floors in other occupancies. This is a Residential occupancy by the Building Code. Is it open to those corridors? Yes, it is right now. Why is it open to those corridors? The Architect offered to close it off; however, Mr. Morley told him that he still has six (6) unprotected rooms. Mr. Morley referred to the 2004, FBC, which went into effect during the construction of the hotel and changed the definition of an Atrium. Under this new Code a new hotel atrium, like the one at Country Inn and Suites would be considered an atrium. This caused the issue of smoke control to re -surface. Mr. Morley stated that he could not, however, retro -apply this change of Code to the hotel. Mr. Morley referred to the 2004 FBC, definition of an Atrium, "An opening connecting two or more stories..." The difference was two or more stories, in, the previous 20.01 FEC it said, "through a building," and ]CC said, "through two or more floor levels." Under the 2004 Code, stories was brought up for the first time, and this space under the 2004 Code would be an atrium and there would definitely be a smoke control system. However, they were permitted under a previous Code. Mr. Morley presented the first Temporary Certificate of Occupancy [TCO1 application which was applied for and approved on May 2, 2006. Mayor Randels read that the Fire- Department approved it contingent upon two outstanding issues. Mr. Morley replied' that they had until July 11th. Mayor Randels asked what the two issues were. Mr. Morley stated that there were some things that he had not finished. He focused on the last one which read: "'provide mechanical engineer's affidavit regarding the deletion of the smoke control system at the Second 'Floor of the lobby." This was since the issue was raised. Mayor asked why he went to the Engineer and not the Fire Department. Mr. Morley stated that the Fire Department also wanted that document, whichi was agreed upon by all parties. The second TCO application was dated July 10, 2006. Having not yet completed all the conditions of the first TCO, the contractor requested and was granted a second TCO. Mr. Morley ascertained that both the and Dennis Clements Building Inspector signed the second TCO; ,however, it was not signed by the Fire Department, Mr. Boucher asked to return to the first TCO pointing out that Dennis Clements sent an E-mail to Architect, Neil Weber and called out the FBC Section 414 on Atriums, saying Section 414.4, Smoke Control Systems,. and Section 414.5 , Enclosure of Atriums, "it appeared that the smoke control system is not per Code." Mr. Boucher pointed out that Dennis Clements, on May 22, 2006, called out to the Architect the Code Sections that Mr. Morley said did not apply. Mr. Weber's response was, "Dennis thanks for help in getting this project finished off. I appreciate both you and Todd's patience in this process. I will review this issue again and we can resolve the best way to finish it off. Mr. Boucher stated that Dennis Clements, who is a licensed Plans Reviewer made that call of which Mr. Morley was copied. Mr. Morley contended City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 7 of 20 that by definition the area in discussion was not an atrium; therefore, you could not cite Section 414. Mr. Boucher asked what the miscommunication was. Mayor Pro Tem Hoog stated that the major point was if this is an atrium or not. Ms. Roberts stated another major point was if the 2001 Florida Building Code was in effect during construction, this, too, was significant to the Building Official's decision. Mr. Morley read from a document which read, "provide Affidavit regarding the deletion of the smoke control system at the Second Floor lobby." This is the document that was attached to the second TCO. Mr. Morley stated that they were told at that time that they would not get a third. Mr. Morley clarified that the mechanical engineers did not respond to a request for drawings and told him that this was an architectural issue. Mr. Morley stated he was correct. This new wording placed the responsibility for the Affidavit on the Architect. Several discussions among the Architect, the Building and Fire Department personnel followed. The discussions encompassed the atrium versus not an atrium issue as well as smoke created corridor doors. Mr. Morley stated that smoke created doors on the corridors would not suffice because the configuration was such that a few guest rooms on the second story were not in the corridors. In other words, these guest rooms would not be protected from smoke even If there were smoke doors at the entrance to the corridors.,, The Architect stood firm on the reading of the 2001 definition of Atrium and Mr, Morley agreed. It was not an Atrium according to the 2001 FBC. As for the corridor doors, the Architect agreed that smoke doors in the corridors would not provide smoke protection in the guest rooms located outside the corridors near the elevators. He referenced the Fire Codes regarding relaxed conditions that are afforded to occupancies under the sprinkler. This being a Fire Code issue, Mr. Morley forwarded the correspondence with attachments. Mayor'Randels referred to the Affidavit needed related to a deletion. Mr. Morley replied that this was wording agreed upon by Staff because there was an initial draft of plans which came through with duct work, However, a new set of plans came through and Inspector Tim Reeves was looking for said duct work. Mr. Morley stated he forwarded the Architect's rationale to Assistant Fire Chief John Cunningham on the morning of September 11, 2006; however, he was on vacation. The same day the Fire Department Inspector Jeff Roberts signed off with authorization from the Assistant Fire Chief. Mr. Morley stated that there were discussions between August 28'h and September 11th. Mr. Morley related on Mr. Weber's reply that the building was only open one floor with reason to be closed off and as for the smoke issue the building was only open one floor there should be no reason that it is closed off with the building fully under sprinkler. The Architect checked with others who had used the same construction which performed in other locations. Mr. Morley informed that Mr. R.W. Paul was the City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 8 of 20 contractor and he had indicated to Mr. Weber that the Fire Department had accepted the arrangement which Mr. Weber thought was accepted due to the fully sprinkled arrangement. He could, if requested, send photos of similar jobs. Assistant Chief Cunningham affirmed for Mayor Randels that Inspector Roberts had his authorization to sign -off on the CO. Mr, Morley stated that on September 11, 2006, before the final TCO expired, they applied for a final CO application. Mr. Morley stated further that it contained from Jeff Roberts, Fire Inspector and Dennis Clements, Building Inspector, a note by Inspector Roberts next to his signature "as directed by J.C. (John Cunningham). Having been assured that the Fire Department was satisfied that the atrium, smoke doors issue was resolved, relying on the Architect's Affidavit, the forthcoming attachment, Mr. Morley signed the Certificate of Occupancy.. Mr. Boucher stated that he could not place the document in time and informed that he found the original application; but, there were no signatures on it. Mr. Morley replied that it was probable that they were waiting for the signature of the owner to be Faxed to the Building Department. Mr. Morley admitted that the recordkeeping was sloppy. Mr. Boucher emphasized that there were no signatures on the Application, perhaps on the CO, but not on the original application making the point that this was the legal document. Mr. Boucher emphasized further that the procedures calf for signatures. With regard to the Building Official accepting an Affidavit from the Architect, Mr. Morley referred to the 2001 FBC which authorizes the Building Official to rely on the Architect's opinion when an issue is hazardous or complex. Section 104.5.2 states, "whenever a permit is issued in reliance upon an Affidavit, or whenever the work to be covered by a ....permit under conditions which when, in the opinion of the Building Official, are hazardous or complex; this was a complex issue with these doors. The Building Official shall require the Architect or Engineer who signed the Affidavit or prepared the drawings or computations shall supervise shall supervise such work." Mr. Morley stated that he did. Mr. Petsos asked if Chief Cunningham was available on July 28`h. Assistant Chief Cunningham affirmed that he saw the CO after the fact. He explained that he received a telephone call from inspector Roberts seeking a CO for Country Inn and Suites which he authorized Inspector Roberts to sign based on the fact that everything on the list was addressed. Mayor Pro Tem Hoog asked if his conversation with Inspector Roberts in any way relieved the Fire Department of the responsibility of physically checking the project. Assistant Chief Cunningham replied no. Mr. Morley stated that the Architect supervised the work and provided documentation of his inspections, and filed an Affidavit that the work was performed in conformity with the approved Plans. It was performed, in conformity with the Plans that were issued with the Permit. Due to the complexity of the issue, Mr. Morley stated that it was appropriate for him to rely on the Architect's Affidavit.. Mr. Boucher requested to view the Affidavit that Mr. Morley received from the Architect. Mr. Morley searched for the Affidavit in his files; however, it was not scanned. Mr. Boucher informed that he did not have an Affidavit in City of Cape Canaveral, Florida City Council Special Meeting March 90, 2009 Page 9 of 20 the documents that Mr. Morley submitted on December 17i". Mr. Morley stated that he would present the Affidavit as soon as it was found. Mr. Morley noted Mr. Weber's most recent correspondence. Mr. Morley read Mr. Weber's letter into the record. Mr. Boucher stated that he had not yet released the letter from Mr. Weber. Mr. Morley then recapped his actions. He stated that there was a Building Code issue about the definition of Atrium and he was convinced that this is not an Atrium based on the definition and his research; and not being an Atrium a smoke -control system was not required. Then what happens to the shaft enclosure issue, he addressed that from a Fire Code issue. This is a Fire Code issue. Mr. Morley stated that Mr. Weber's Affidavit indicated that and he accepted that Affidavit as permitted by the Building Code. Attorney Garganese questioned if that Affidavit was sworn to stating that the definition of an Affidavit was a written document sworn to under oath and under penalty of perjury. Mr. Morley stated that an Affidavit from an Architect or Engineer was a written statement that he has signed and does require notarization. Attorney Garganese stated how one of the purposes of the Meeting was to identify problems in the process. Mr. Morley presented the Affidavit dated May 10, 2006 from the Architect, Neil Weber. Mayor Randels stated that a Seal from an Architect was traditionally accepted in lieu of notarization; however, the process was subject to change. Attorney Garganese explained that Florida Law requires the Owner or Architect to submit an Affidavit. If they do that, they do that in the Form of an Affidavit which was Sworn to under Penalty of Perjury and notarized. Mr. Morley clarified that Mr. Weber signed off that the project has been built in compliance with the approved Plans and that the approved Flans did not show a smoke -control system or smoke rated corridor doors. He certified and built to those Plans as they were approved. Ms. Roberts reminded of the 2001 FISC which was in effect at the time of construction. Mayor Randels clarified, for the audience, that the City Council would not receive questions at this time as the Meeting was related to Fact -Finding, Mr. Boucher asked why Mr, Morley did not receive a response from the Architect related to the September 11, 2006 CO. Attorney Garganese also asked for clarification on a pending Code Enforcement issue. Assistant Chief Cunningham responded that the Fire Department was pursuing a Code Enforcement issue; however, this issue had nothing to do with Todd Morley's separation from the City. Assistant Chief Cunningham explained that Mr. Brian Foster, of Global Fire Engineering, was asked to look at the Country Inn and Suites; however, the Fire Department issue was strictly related to the Fire Code not the Building Code. Mr. Morley referred to an attachment from Mr. Weber from the State of Illinois where such an issue has been addressed. Assistant Chief Cunningham pointed out that this City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 10 of 20 was the State of Illinois, not Florida and was not part of Florida Fire Code. Mr. Morley asked if the National Fire Protection Act was a nationwide document. Assistant Chief Cunningham affirmed that it was and that the Fire Department enforces it. Mr. Morley presented the concept of a "mini -Atrium" from the Illinois Code. In conclusion, Mr. Morley stated that Mr. Weber's logic relied on the type of construction being a two-story hotel, constructed according to its definition. Assistant Chief Cunningham pointed out that Mr. Weber's logic, however, was relative to a document dated October 1, 2008. Mayor Randels brought up that things were being brought up after the fact. Mr. Boucher stated that Mr. Morley was also presenting new information. Mr. Boucher requested to hear from Mr. Brian Foster of Global Fire Engineering who delved into the specifics of the Code's text. Mayor Randels asked if there were any questions from the City Council at this time. Ms. Roberts expressed that Mr. Morley did to the best of his ability and with the City's current processes, Ms. Roberts used this as an example of how City processes could be improved. She pointed out that both Mr. Morley and Mr. Boucher had the City's best interests of life/ safety in mind. Positive intent was shown on Mr. Boucher's part and that would be expected of any City employee. Mayor Randels stated that a definition of Atrium was an open point. Ms. Walsh asked when Mr. Boucher became aware that there was an issue regarding the Atrium. Mr. Boucher replied that when he did his fart -finding investigation he found that there was lack of communication between the Building, Official and the Fire Department. Mr. Petsos reminded that a major percentage of the communication was verbal versus what was docurrlented. Chief Cunningham stated that the Fire and Building Departments communicated often. Chief Cunningham informed that no communication was strictly verbal; it was followed-up with written communication. Mayor Pro Tem Hoog clarified that there was a Building Code and a Fire Code and at times they were in conflict. He stated that Mr. Foster would present the Fire Code. Mayor Randels cafled for a recess to those who needed to take a break. Mr. Brian Foster, Fire Marshall with Global Fire Engineering, expressed that there were codes which required an atrium; however, some did not. At the time the Codes are written, not everyone arrives at the same conclusion, and a lot is left to interpretation. The 2001 FBC definition of an Atrium is very broad. He affirmed that it met the definition of an Atrium by Fire Code standards. Mr. Foster stated that a Code requirement was ignored. Mayor Pro Tem Hoog expressed that although he appreciated Mr. Foster's professionalism, he took exception to him saying that the issue was being ignored. Mr. Foster explained that there was nothing to mitigate a mandatory Code requirement. He stated that this building should have had some type of smoke detection system regardless if it being considered an atrium or not. There was a question of sprinklers. Mr. Foster replied that Building and Fire Codes were built on a multi -tiered system, for example, suppression, fire -wall, smoke partitions, and smoke management. Sprinklers City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 11 of 20 were not 100 percent effective in controlling fires. He noted that the Architect accepted a "smoke catch" system, Mayor Randels asked how the six (6) unprotected rooms would egress in an emergency. Mr. Foster replied that the windows was no way of exiting the windows, so a person would be forced to exit through the door. Mr. Foster stated this building was less safe than if it had met the Fire Code. Mayor Randels returned to the definition of life/safety. Mr. Foster clarified that life/ safety in the Codes was defined as the minimum level of construction that was permitted. Mr. Foster stated, in the State of Florida, based on the Fire Prevention Code and ignoring the Building Code for a moment, you might have to have a smoke evacuation system, corridor doors, and an engineered' analysis of smoke conditions and what would be required to maintain tenable conditions, meaning a person walking out safely. The building in his professional opinion was not Code compliant under the Fire Prevention Code. Chief Sargeant replied to Ms. Roberts that several things were learned from this job. He stated that TCO's were issued in an effort to assist the developer; however, the City needs to address how TCO's are applied in the overall process. Chief Sargeant pointed out that TCO's are issued expeditiously, but he makes every attempt to review the plans. Chief Sargeant stated that the original set of Plane called for a "Smoke catch." He stated that his review was based on the Fire Code, He cautioned on issuing a temporary CO. Mr. Petsos asked if the Fire Department noted his concern about the smoke control system. Chief Sargeant stated that Inspector Roberts was told that all was taken care of and he responded to Mayor Pro Tern Hoog that the Fire Department was still responsible. When it was brought to his attention, the Fire Department began working torectify their Department's issue. The City Manager and the City Attorney were working on the Atrium issue. Chief Sargeant stated that his Staff was directed not to sign -off on a CO until they .physically perform an inspection. In hindsight, perhaps they should have had more Inspectors. In conclusion, the Fire Department did not have the right to close the building. The bottom line was "what can we do to ensure that the City was protected from the liability." Attorney Garganese questioned saying, "if there was a conflict between the Fire and Building Department Codes, which one prevailed?" Chief Sargeant replied, "the more stringent of the two Codes as related to life/ safety." Chief Sargeant replied that an interpretation would be requested from the two Departments' regulating Boards, the Fire Marshall and the BOAF. Mr. Petsos questioned if the most stringent Code prevailed, and the Fire Department wanted a smoke control system, why would they have City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 12 of 20 accepted an Affidavit deleting it? Assistant Chief Cunningham replied that the Fire Department would then have documentation for supporting purposes. Ms. Roberts referred to the final CO, relating from Inspector Roberts' response that all things were in compliance. Chief Sargeant related that Mr. Morley thought that the Fire Department was agreeable with what Mr. Weber sent by E-mail; however, they did not see the E-mail. Mr, Boucher stated that Mr. Morley went on-site for a physical inspection; however, he did not take the punch list items with him. Ms Roberts stated she was seeking some evidence of a documentation requirement or documents and signatures required for the final CO. Ms. Roberts also stated she was specifically seeking some evidence of a quality -checking document. She, again, referred to the needs for a Forms alignment system. Chief Sargeant affirmed that there was room for improvement. Chief Sargeant clarified that he sought the help of Chief Foster to address a Fire Department issue. He also recommended interdepartmental` Staff meetings as a corrective action. Mr. Petsos inquired about Mr. Webers -response. Chief Cunningham answered that he contacted Mr. Weber and after a review with Mr. Foster they would contact him with their findings. They would await his rebuttal as to whether this was applicable to the Country Inn and Suites, Assistant Chief Cunningham stated that Mr. Weber forwarded the Codes which support Mr. Weber's view. Ms. Walsh referred to a letter from Inspector Jeff Roberts dated August 5, 2008 to Mr. Bud Birch referencing the smoke control system and the Atrium. Assistant Chief Cunningham replied that he instructed Inspector Roberts to write the letter related to Code violations as a prerequisite to them coming into compliance. Mayor Randel's stated that a lot of good points were brought out; however, there was an employee out of work and a City Manager who believed that he acted in the City's best interest. 'Ms. Roberts brought up the two other aspects of the Meeting, for example, the management and safety of the City. Mayor Randels asked if enough questions were answered' in order to ascertain if procedures were followed. Mayor Pro Tem Hoog stated that the City Manager was both right and wrong. He pointed out that there was a difference of opinion between the Fire and Building Codes. He stated that one Code was contrary to the other and both subject to interpretation. Mr. Petsos stated that there were lines of communication between both Departments. Mr. Boucher stated that two (2) TCO's were issued and no effort was made to get all parties together to review the outstanding life/safety issue. Mr. Boucher pointed out that the tools were available; however, they were not used and he emphasized that whatever originated from the Department must be correct. Mayor Pro Tem Hoog asked who was present on a final CO. Mr. Morley replied the Building Official, the Fire Department, and Public Works. City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 13 of 20 Assistant Chief Cunningham stated that the Fire Department did not have as much correspondence between them and Mr. Weber, Mr. Weber had approached the issue from a Building Code, not a Fire Code, aspect and if there was more communication it would have been caught early on. Assistant Chief Cunningham stated that much was assumed in the course of the project. Mayor Pro Tem Hoog said that Mr. Weber mentioned smoke doors and other issues. Mr. Morley stated that adding the doors would not fix the problem. Assistant Chief Cunningham stated that the corridors were unprotected and a smoke - control system would permit egress from those rooms in the event of a fire. Mayor Pro Tem Hoog stated that those rooms should have an access on the back side. Mr. Foster stated that the exit out of the room was essentially out to a balcony. However, for the occupancy load in that room, if all other condition were okay, it would still be accepted. Assistant Chief Cunningham emphasized that the corridors were all, protected. The area had a sprinkler, but it did not meet the required corridor protection. Assistant Chief Cunningham explained how smoke protection would permit egress from those rooms. Mayor Pro Tem stated that the building should have been designed with exits on the back side. Mr. Foster reiterated that the construction was the minimum allowable construction. Mayor Pro Tem Hoog concluded that there were mistakes on both the Fire Department and Building Department side. Assistant Chief Cunningham replied to Mr. Petsos that the smoke control system would be both a Fire and Building Department inspection due to the mechanical aspect. Ms. Roberts returned to the citywide management challenges and pointed out the need for overall checks and balances. She stated that there were opportunities for improvement to include forms management and sequencing of signatures under the City Manager's purview. Ms. Walsh recommended a third -party review of the City's management processes. Mayor Randels returned to the lifefsafety issue and addressed corrective action; however, he questioned if it should be punitive. Mayor Randels stated that the situation did not warrant the action that was taken and he was not sure that the Building Official's resigning was the proper course of action. Mr. Boucher requested to review another life/ safety issue at 204 Adams Avenue. He issued a one-page summary sheet related to this matter. Mr. Boucher read his Summary into the record'. [Summary Attached] He questioned why Mr. Morley did not share this information with the Fire Department. A resident asked if those in the audience would be heard after City Council's discussion in order to make comments on the proceedings. He stated that he could not remain at the meeting but would like to know how the Council planned to proceed. Ms. Roberts asked if the gentleman desired to be heard on a specific topic or generally. He stated that he desired to speak in a general nature. City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 14 of 20 Mayor Pro Tem Hoog stated that the Council would probably not complete this discussion at this time. The resident asked, again, if there would be another meeting. Ms. Roberts expressed to the Council the importance of hearing the audience members and desired to know if the rest of the Council wanted to schedule another meeting. Ms. Walsh pointed out the need to obtain a third -party investigation based on the life/safety issues. Ms. Roberts added that the life/safety issue was just one aspect of the discussion and she asked how many in the audience desired to be heard. A number of people raised their hands. The Council Members decided that the life/safety issues were a priority and they would be addressed prior to hearing from the audience. The Chair recessed the Meeting at 8:00 P.M. and reconvened at 8:12 P.M. Mayor Randels announced that the Council would hear these other life/safety items and would meet for another hour and one-half prior to hearing from the audience. Ms. Roberts stated that the Council needed to took at the balance of the issues as well. Mr. Morley addressed Manatee Condominiums at 204 Adams Avenue. He affirmed that there was a mistake related to the number of units, 'Mr. Morley stated that this was a voluntary CO. He affirmed that there were 12 not 10 units as written. Mr, Morley stated that at Manatee Condos, he did not require a. comprehensive set of plans at the beginning, but a written scope of the work to detail the project in a narrative format. The lesson, Mr. Morley stated that he subsequently learned was the Fire Department had the need for a coempiete set of plans at the beginning on what might even be considered a repair, even if the Building Department only requires shop drawings. This has been corrected, Mr. Boucher ,pointed out that a similar plan arrived one day prior, on April 26, 2005, which was appraised significantly higher and of which Plans were required as well as a Fire Department inspection. Mr. Morley replied that Victorian Condominiums was a 32 - unit building of which 16 units required repairs. Mr. Boucher noted that Bob Haley, former Plans Examiner, requilred sealed plans from Victo=rian Condominiums. These were two similar projects treated differently. Mr. Morley explained that in 2004 the City Council waived the permit fees for hurricane related damage. As Buildirig Official, he was charged with interpreting what constituted hurricane damage. His interpretation was, "what is reasonably necessary to make the building whole again." Mr. Morley affirmed that Victorian Condos did receive a permit for re -roof work, Permit 558, this was reasonable to make the roof whole again. Mr. Morley stated that Victorian Condos then re -submitted for interior water damage restoration. They submitted a complete set of plans. However, Mr, Boucher refuted that Mr. Haley sent them a Plan Review punch list item requesting sealed Plans by a registered Architect. Mr. Boucher stated that he was attempting to ascertain why the two projects did not follow the same path. Mr. Morley City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 15 of 20 stated that it was evident on the Victorian that architectural work was intended in addition to the proposed electrical, mechanical, and plumbing work more than simply making the building whole again. Mr. Boucher pointed out that the Notice of Commencement that was filed read hurricane damage. Mr. Morley stated that they were attempting to get a free permit for the roof. Without the benefit of having the Plans in front of him, Mr. Morley recalled that the Plans called for the following; the creation of new exterior structural openings for sliding glass doors and windows; a re -configuration of interior spaces, removing walls and building new walls in different locations; the installation of new railings on second floor sliding glass doors; the replacement of existing railings. There were also several changes required by the City: the construction of fire rated corridor walls, the construction of fire rated unit separation walls, a two-hour fire rated construction for the electrical room, fire dampered electrical exhaust systems, and separated dryer ducts. By contrast, Manatee received two free permits; one for a roof structure replacement and another for electrical mechanical, and plumbing work. The roof structure was originally going to be a re -roof permit; however, after investigation of the structural members they were far too rotted and damaged and a roof re -placement was found necessary. The Plans called for anew truss roof. Mr. Boucher asked if these Plans were submitted to the Fire Department as a Standard Operating Procedure, Mr. Morley replied that a lesson was learned in the course of conducting business which required that the Fire Department now reviews all plans. Assistant Chief Cunningham replied that they desired to see new roofing Plans for structural purposes. Mr. 'Morley assured that he understood now that the Fire Department needed to see roofing flans. Mr. Morley recalled again that there were no architectural changes, the electrical, mechanical, and plumbing -Plans called for no change of configuration, there were no unit separation walls, no fire separation well changes, they were left intact, and as a point of fact they were concrete block separation walls. Interior wall configuration walls were left intact. There was no unrelated remodeling. Much of the electrical, mechanical, and, plumbing were necessary due to the roof structure replacement. This was a case in which the owner was attempting to restore the building to whole again. Railing work was not eligible for the fee waived permit program. Throughout the year following the 2004 hurricanes, there were several permits known for hurricane damage and Mr. Morley had to determine what was necessary to restore to whole again and what was excessive. In the case of Victorian versus Manatee condos. Mr. Morley had to draw the line; there was a big difference in the two permits. Mr. Boucher noted the change of use on Manatee Condos from apartment to condominium and the Fire Department was not involved in that change of use. Mr. Morley explained that Victorian condos involved permits fees. However, he did not have to complete paperwork with a free permit. Mr. Morley stated that, if he knew then City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 16 of 20 what he knows now, he would have done a full set of plans on Manatee Condos. Simple replacement work did not require full Plans. Mr. Boucher read Florida Statutes 553.79, Permits, Applications, Issuance, and Inspections, Subparagraph (2), more specifically paragraph (6). Mr. Morley referred to the FBC as adopted by the Florida Building Commission which spoke about Plans being submitted and reviewed in accordance with, "it says that Plans shall be drawn in sufficient clarity to describe the work." Mr. Morley stated that he could show many times when replacement work was performed with a narrative. Mr. Boucher pointed out that Mr. Morley was the only person participating on this project. Mayor Pro Tem Hoog stated that Dennis Clements made inspections on the property as well as Tim Reeves, Fire Inspector, was also involved, on this project. Mayor Pro Tem Hoog reiterated that there were others involved on this project. Mayor Pro Tem Hoog asked why Mr. Boucher had a problem with Mr. Morley being the only one associated with this project. Mr. Morley asked if there was a law which required more than one on Staff to review a project. The Building Official for Indialantic informed that one person performing all of the work was not an exception in his Town. Mr. Boucher asked why one permit received the rigors of full Staff review and the other received only Mr. Morley's review. Mayor Pro Tem Hoog asked, again, why Mr. Boucher was focusing on this one permit. Mr. Boucher stated that he assessed that two permits were not treated the same which was inconsistent. Mr. Boucher stated that he was seeking consistency. Mr. Morley stated that a form of -ownership change occurred, not a change of use. Mayor Randels clarified that this was found after the fact. Mayor Pro Tem Hoog stated that he could also bring up old facts related to Mr. Boucher, Ms. Joyce Hamilton stated that a similar thing occurred at Beach Club Apartments in which the Fire Department did not receive the required plans in the past; however, now, a fire suppression system was required. Chief Sargeant stated that Florida Statutes 553 required that the Fire Department review all plans in an effort to install fire alarms. Chief Sargeant explained that the Fire Department decided to review all plans including upgrades when people were purchasing apartment buildings and converting them into condominiums. For some reason Beach Club was done in a piece meal fashion. Chief Sargeant stated that they do not delay permits. He stated that a plans Review helped to identify problems. Chief Sargeant stated that every aspect of a permit goes through the Building Department. Attorney Garganese questioned the Departmental meeting and asked if any of the change in protocol were memorialized in writing, Chief Sargeant replied no. Mr. Morley asserted that the number of units was an obvious error of which he did not intentionally make saying that this was a clerical oversight. Ms. Roberts stated the need to "Avoid Verbal Orders" and she reminded of the need for documentation, using the City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 17 of 20 meeting which took place to make changes. Ms. Roberts stated, again, how the City needs a better management system. She brought out that there were management issues, and documentation and processing issues not an issue against one employee. Ms. Roberts stated that the problem was a city wide problem. Mayor Pro Tem Hoog drew the conclusion that mistakes were inadvertently and unintentionally made between both the Building and the Fire Department. He stated that on the building side of the equation, the Building Oficial has the highest authority next to the Architect. Mayor Pro Tem Hoog stated that, in the long term, the City would be better off knowing that clearer parameters were set in place. In conclusion, Mayor Pro Tem Hoog stated that perhaps the City Manager acted hastily. Mayor Pro Tem Hoog asked Mr. Morley how discretionary Code issues were resolved. Mr. Morley replied that he was the person to make building related decisions as the highest credentialed authority on behalf of the City. Mayor Pro Tem Hoog pointed out that Mr. Morley was therefore placing his job on the line by reason of his decisions. Mayor Randels asked for consensus on hearing from the audience and then how Council would proceed. Mr. Petsos requested that Council needed to determine the two life/safety issues. Ms. Roberts desired to include the management processes along with the life/safety issues. She also requested to hear from the audience. Mayor Pro Tem Hoog expressed that he did' not desire, however, to hear repetitive comments. Mayor Randels called for any beneficial remarks from the audience related to the management process. Mr. George Coleman, West Melbourne, Building Official and President of the Building Officials Association, Brevard County, stated, on behalf of that group, that in Mr. Morley's position he brought his work circumstances to the Board for deliberation prior to his decision-making. Mr. Leo Nicholas suggested using the Florida League of Cities as a resource for City's Management issue and the life/safety issues. Mr. Danny Ringdahl stated that he had the privilege of building and developing in the City of Cape Canaveral. M'r. Ringdahl pointed out that there was enough guilt that could be applied all around and everyone makes mistakes. Mr. Ringdahl stated that Mr. Morley was well-educated and experienced; he was objective and used prudent judgment. He expressed the hope that a calm demeanor would prevail. Mr. Ringdahl stated, in conclusion, that losing Mr. Morley would be a tragic loss for the City. Mayor Randels addressed the management improvement method. Mr. Petsos agreed with Mr. Nicholas on using the Florida League of Cities. Mr. Boucher stated that the League may offer management evaluation services at no cost. Mayor Randels, however, stated his preference to pay for and obtain quality assistance. Ms. Walsh stated that in dealing with the life/safety issue, experienced persons with Building and City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 18 of 20 Fire Code expertise were needed to review those processes. Ms. Walsh also stated that she agreed with Ms. Roberts on the management procedures and the City could leverage with the Florida League of Cities for that service, and also the League might have people with expertise in the Building and Fire codes. Mayor Randels referred to the City's Policies Manual, questioning if the discipline met the infraction; nevertheless, the City Manager had the final say in Personnel actions. There was a provision under Suspension Without Pay and Involuntary Dismissal. Mayor Randels read the Personnel provision: "If the employee is suspended for more than three (3) days or is involuntarily dismissed, the employee shall have the right to a public, evidentiary hearing before an impartial hearing officer on the issue of whether the City had a legitimate reason for the adverse personnel action. The City Manager shall select the impartial hearing officer. The hearing shall take place within thirty (30) days following the action. The hearing shall be conducted in accordance with the rules of evidence used in administrative proceedings in Florida. The hearing Officer shall have the duty of deciding whether the Cityhad a legitimate reason for the action, as opposed to an improper motive or an arbitrary or capricious motive. The hearing officer shall be empowered by the City to set aside or modify the adverse personnel action and shall do so if it is found that the action was for an improper motive or for a reason that was arbitrary or capricious. If, however, it is found that the action was for a legitimate reason related to the legitimate functions of the City, the action shall be confirmed. Mayor Randels stated that the City Manager could seek an unbiased party to address the action. Ms. Roberts expressed her concern with the City Manager, as Todd's supervisor, appointing the Hearing Officer saying that there was a Conflict of Interest there. She expressed further concern with working with an 11 -year-old policy document. Ms. Roberts stated the process would not be fair for Mr. Boucher to select the Hearing Officer. She asked Mr. Boucher for his viewpoint. Mr. Boucher stated that although Mr. Morley was not eligible for that provision, he would not interfere with an open unpartial Hearing by a qualified mediator or arbitrator. He stated that another management professional, such as another City Manager, would be sought to review the case. Ms. Roberts asked if Mr. Boucher had any different thoughts based on tonight's meeting. Mr. Boucher stated that there was additional information given during this discussion that he needed to review. Mayor Randels recommended that the City Manager review any new findings, audience remarks, and evaluate City Council's concerns within the next week. Mayor Randels suggested planning for another meeting; if within a week they could not come to some conclusion. City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 19 of 20 Mr. Boucher responded that he would take the Council's direction under advisement. He stated that there was new information and he had no problem meeting with Mr. Morley to discuss the issues that arose during this meeting. Mayor Randels clarified that once the City was made aware of life/safety issues, it must be addressed or it becomes negligence. Mayor Randels requested that the City Manager seek assistance from someone who has experienced a similar problem. He noted that the Fire Department was taking steps to resolve the Fire related issues. Chief Sargeant expressed how addressing the problem, however, was not the Fire Department working on its own. He emphasized the need for all the Departments to work as a team. Chief Sargeant recommended that the City include the Fire Department in their plans for a management improvement system. Mayor Randels noted that during this economic lull would be a good time to address improving the City's management systems. In conclusion, Ms. Roberts recounted the following the Points of Order: 1) Mr. Boucher would take the time to reflect over the findings that the Council discussed during this meeting. Mayor Randels affirmed. Mayor Randels stated 2) as: the City Manager would take one week for review and after that week, he would report to the Council on his progress. Ms. Roberts asked if the Council planned to schedule another Special Meeting at their Tuesday, March 17th Regular Meeting. Mayor Randels affirmed and stated that the City Manager could come to the Council on Tuesday night's meeting with any ideas, options, or suggestions for Council's approval or decline. Ms. Roberts pointed out that Mr, Morley had been out of employment for several weeks at this point and she desired to understand Mr. Boucher's intention of Mr. Morley's employment, at the Tuesday night City Council Meeting. Mr. Boucher stated that he needed to review what was said although he did not have a problem meeting with Mr. Morley to review the issues. However, he still had an issue with Mr.Morley conducting his personal business on City time. Mayor Randels recommended that the City Manager bring any unresolved issues forward. Mr. Petsos recommended as a parallel course, if Mr. Boucher still had unresolved issues, seeking an independent review. In conclusion, Mayor Randels stated that within the next week the Council expected to hear Mr. Boucher's decision and any plans, if this needed to go to the next step. Attorney Garganese asked if the Council were seeking an independent review of Building and Fire Department procedures. Mr. Petsos clarified that the review in discussion was of the City Manager's findings. Ms. Walsh asked if the Council planned to move forward with an independent review of the Building and Fire Code process. Mr. Petsos stated that the City Manager was directed to seek that Independent review of Building and Fire Code policies. He requested to hear a daily status report from the City Manager on City of Cape Canaveral, Florida City Council Special Meeting March 10, 2009 Page 20 of 20 obtaining someone to review those policies. Mayor Randels thanked everyone for attending the meeting. ADJOURNMENT: There being no further business, the Chair adjourned the Meeting at 9:15 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 17, 2009 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P_M_ ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh (Arrived after the Roll Call) Others Present: City Manager City Attorney City Clerk Public Works Director Acting Building Official Recreation Director Planning and Development Director PRESENTATIONS: 7.00 p.m. — 7:45 p.m. Bennett Boucher Anthony Garganese Susan Stills Walter Bandish Dennis Clements Robert Lefever Barry Brown St. Johns River Water Management District's Model Water Conservation Ordinance_ for Landscape Irrigation. Ms. Ann Benedetti, Intergovernmental Coordinator, distributed information packets to the Council Members. Ms. Benedetti stated that she would share some general information about the District and some specific information about the model Ordinance. Ms. Benedetti reviewed the first Fact Sheet related to watering restrictions which were a result of the model Ordinance. She stated that the model Ordinance was more restrictive limiting watering to: two days per week, on specific days based on a resident's house number, and between 10 A.M. to 4 P.M. During daylight savings time, which we are in now, watering occurs two days per week with odd number addresses watering on City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 17, 2009 Page 2 of 15 Wednesday and Saturday; and even number addresses will water on Thursday and Sunday. Commercial irrigation is permitted on Tuesdays and Fridays. At the return of Eastern Standard Time, the watering schedule will decrease to one day per week with even number addresses watering on Sunday and odd number addresses on Saturday. Irrigation is limited to no more than 3/ of an inch per zone per irrigation day and no more than one-hour per zone. Ms. Benedetti informed that reclaimed water was unrestricted as is air to water; air-conditioning units. She also noted the beneficial use of a rain sensor gauge and efficiency systems such as micro -spray or micro jets were encouraged. New landscapes were permitted watering for 30 days and every other day for 30 days for a total of a 60 day period. There was no restriction on washing vehicles and residents were encouraged to wash their cars on the lawn. Ms. Benedetti referred to Page 2 for the toll-free, hot-line number 1-800-232-0904. This number can be used to obtain water regulation information or to report water usage violators. Mayor Randels asked who would respond to a violation to which Ms. Benedetti replied someone from the Patlaka office. Ms. Benedetti also supplied information on the Water Star Program, similar to the Home Energy Star Program, for water Conservation usage. Ms. Benedetti reviewed the water usage survey and noted a Recreation Guide. These recreation areas were lands purchasedby the District for hiking or bird watching. Ms. Benedetti stated that there were 18 counties under the St. Johns River Water Management District, approximately 700 employees in the four service centers: Palm Bay, Altamonte Springs, Palatka and Jacksonville,. Ms. Benedetti emphasized that the rules applied whether on city water,: or self -own irrigation well's; the largest exception being reclaimed water., Ms. Benedetti informed that the discussion related to reclaimed water was removed from the rule-making docket which was decided at the last Governing Board Meeting, Mayor Randels informed that he spoke, on behalf of the City Council, against restrictions on reclaimed water usage. Mayor Randels clarified that there was no water restriction for those in Cape Canaveral who have a reclaimed water irrigation system. Ms. Benedetti stated that the District did have an enforcement plan and had retained a contractor to provide patrolled enforcement. However, that person would be spread thin over the breadth of 18 Counties. Ms. Benedetti informed that St. Johns was not seeking to fine violators, but to educate the public due to the need to conserve water especially during periods of drought. However, if they found after repeated tries to gain compliance, legal review would be sought. Mayor Randels pointed out that item 8 was a point of conflict as it relates to using Law Enforcement personnel to fine violators. Ms. Benedetti stated that the District would have some enforcement if the City chose to adopt the model Ordinance; however, if the City City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 17, 2009 Page 3 of 15 chose not to adopt and then made an attempt to enforce, then the City could have a legal problem. Ms. Benedetti informed that if District intervention occurred, the City would be notified and they would address areas in which a spike in usage had occurred. Mayor Randels conveyed the City Council's concern of who would become responsible for the monitoring. He also informed that the City prudently upgraded its plant to the Advanced Water Treatment level. Ms. Walsh referred to Rule 40(c)-2 and she brought out that in Cape Canaveral, some private subdivisions have central irrigation that run on wells and asked how do they obtain a variance. Ms. Benedetti referred to Section 6, Variance, which the municipality would grant. Mayor Randels clarified that the Council did not have direction on the forms needed as yet. Ms. Benedetti stated that if these were people who were on private wells and not on reclaimed water, then they would definite°lyfali under the general restrictions. She stated further that they would need to show a hardship as to why they could not follow the regular Ordinance. Ms. Walsh stated that she was aware that some of the central irrigation systems were collectively addressing group properties.. Ms. Walsh expl--ained how conducting the odd - even address watering schedule would be difficult since the homes were grouped together under a central irrigation system. Ms. Benedetti responded that the City would have the power to grant a Variance. Mayor Pro Tem Hoog asked how many cities St. Johns had presented with the Model Ordinance. Ms. Benedetti replied that Cape Canaveral was the first presentation to a City in Brevard County. She informed that Volusia County planned to adopt the model Ordinance. Mayor Pro Tem Hoag stated his concern with enforcing it and the paperwork involved. Mayor Randels stated his concern with the difficulty of monitoring violators and questioned the District's anticipated rate of success. Ms. Benedetti emphasized that education was the goal, not enforcement. The District would target the complaints received from the toil -free line and confer with the utilities related to places in which a spike in water usage was identified. Mayor Randels asked to know if the Governing Board would accept an Ordinance which had a modified Enforcement provision. Ms. Benedetti responded that the Governing Board was not in a position to accept or not accept since Ordinance was in place at the District level. The hope was that the cities would also adopt Ordinances that they prefer and which they choose to enforce. Some cities would have Ordinances on the books which was not exactly compliant with the District's Ordinance, The District strongly urged the cities to adopt the model language. Mr. Petsos pointed out the Public Works Director's concern with Rule 40(c). Walter Bandish, Public Works Director, referred to the difficulty of irrigation in residential districts City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 17, 2009 Page 4 of 15 with common areas. He also referred to the provision which stated that if there were a reclaimed water line in front of the residence, then the homeowner must acquire a hook-up at a cost of $480 to the homeowner. Mr. Petsos stated that if the City did adopt the Ordinance, he suggested language that would opt -out these individuals and the Council would be the Board that grants a Variance. Ms. Benedetti stated that she could return to the District with the City Council's concerns: Homeowner Associations with common property. Mr. Donald Dunn asked how the Canaveral Port Authority would handle watering stored aggregate at up to 45,000 gallons per day. Ms. Benedetti asked if the Port Authority purchased reclaimed water from a local vendor. Mayor Randelis responded, yes, from the City; however, the Port does not usually accept it. Final Report on the Preliminary 10esign of the North Atlantic Avenue Streetscape Project. Mr. Brad Smith, Brad Smith & Associates, reported on a successful public meeting. He noted some constraints related to existing Large pales. Mr, Smith also noted the locations of decorative paving and wall features, some alternative light fixtures and he, stated that the lighting choices and custom colors could be established during tate Visioning sessions. Mr. Smith noted water features, which were suggested during a public meeting. He also displayed some customized street signage. In conclusion, he stated that the design included some simple, durable, ©ost-effective, readily achievable features. Mr. John Pekar, City Engineer, Stoffler, Stagg and Associates, Inc. reported that the next step in the process was to proceed to the construction drawings. The project would then be considered in phases due to budget constraints. Mr, Smith pointed out that each part of the concept was broken out with,costs related to each part. Ms. Roberts reminded that the City was given funding from developers to assist with the North Atlantic Avenue enhancements. She requested that the Council could obtain an accounting from the City Treasurer on how much the developers have contributed. Mr. Boucher clarified that enhancement concepts were not eligible for Florida Department of Transportation funding; however, the resurfacing portion of Ridgewood Avenue was eligible. Ms. Roberts again requested an accounting of funding from the developments toward enhancements on North Atlantic Avenue. Mr. Leo Nicholas asked if there was funding set aside from the Villages of Seaport for a traffic light and other improvements. Mayor Randels replied $100 from the sale of each purchase in the Villages of Seaport. Ms. Roberts stated that Homes by Towne had also set aside money for the whole development of the Shorewood Drive area, and perhaps money from Portside Villas and Sea Spray condominiums. Ms. Roberts conveyed what she thought was the philosophy and the approach of the City in asking the developers for assistance for the development of North Atlantic Avenue. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 17, 2009 Page 5 of 15 Mayor Randels clarified that what the City received from Portside Villas was 20 -feet of right-of-way to bury the utility lines on the west side of North Atlantic Avenue. He stated that some assistance was cash in hand and some was land. Ms. Roberts inquired about pavers. Mr. Smith replied that he would not recommend pavers. Ms. Roberts responded that some residents expressed that the City was following a less expensive route versus a richer, more substantial and historically significant and traditional. For example, the approach used in Winter Park. Mr. Smith informed that, with Staff, the decision was made to use Pave Way Systems. Ms. Roberts informed that some of the more recent condominiums have used pavers and she stated her frustration in not having been given more information related to the pavers cost. Ms. Roberts emphasized residents' concerns who felt that the City was taking a less expensive approach, although she realized the ,problem of the underground utilities. She hoped that the Council would not waive the serious consideration of pavers during the Visioning process. Mayor Pro Tem Hoog stated that one of the intersections should be chosen as a highlight and work should proceed from there. Ms. Roberts referred to Mr. Smith's depiction of the four crosswalks. Ms. Walsh pointed outthe difficulty of creating the fourth crosswalk. With reference to Central Blvd. and North Atlantic Avenue, Mayer Randels clarified for the audience the question of the crosswalks on three sides of the street due to the inability of installing them on all four. Ms. Roberts inquired about an existing large pole on the sidewalk at the south and west side of North Atlantic Avenue intersection. Mr Bandish assured that the pole would be removed. Mr, Nicholas pointed out that if the street was in the process of redesign; why not consider redesigning it for an east -west sidewalk at the same time. Mayor Randels asked if there were any interest in having Stottl'er, Stagg design the east - west sidewalk. Mayor Randels stated that there was no consensus at this time for an east -west sidewalk since other sidewalks were of greater need. Ms. Roberts added that this consideration would, however, become part of the Visioning process for North Atlantic Avenue. Mr. Smith affirmed that the Council's next task was to identify which part of North Atlantic Avenue he would begin to design and how much would it cost. Mr. Nicholas asked if another public meeting was anticipated to agree on lighting in order to obtain similar lighting for both North Atlantic and Ridgewood Avenue. Mr. Smith stated the intent of using the same fixture for both corridors. He recommended uniformity throughout the City and consistency with standard light fixtures, standard pavement treatment and standard site furnishings. Ms. Roberts referred to the Central Florida Regional Planning Meeting in Orlando which discussed a "walkable" community. She requested that the Council postpone any decision City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 17, 2009 Page 6 of 15 until hearing from the residents in order to permit them to help define their part of the City Mayor Pro Tem Hoog recalled how the City approached the owner of Yogi's Beverages to enhance that property and suggested that the City also approach the homeowner related to the large pole in order to create a garden around it. Discussion followed on how to work with any identified properties and if the properties belonged to the City. Mr. Smith noted that landscape easements could be obtained to develop property not owned by the City. Mr. Petsos pointed out that this discussion could occur in more detail later in the process. Ms. Roberts emphasized the need to permit the residents to weigh in especially on the walkable community concept and selecting lighting. She raised the concern for a strategic plan and a schedule for the Visioning process from the Planning and Development Director. Ms. Roberts requested a Master Schedule for this year in order to understand how these projects will proceed. Mr. Petsos stated that the Visioning would not greatly impact the Ridgewood Avenue process. Ms. Walsh clarified how going through the Ridgewood Avenue project would provide pertinent data that could also be applied to the North Atlantic Avenue project. Mr. Hans Saurenma,nn agreed with Ms. Roberts' thoughts related to the Visioning process. Mr. Saurenmann stated, for the record, that he owned property on Ridgewood Avenue; however, no one addressed him, as a property owner, on the project. He made it clear that there is a fence around the property. Mr. Saurenmann, clarified that he was speaking of what was part of Government Lot No. 752 which he stated that the City Staff wrongfully cleared. Mayor Randels clarified that Mr. Saurenmann was addressing another issue; however, he thanked !him for putting the City on notice regarding his property. Legislative Services: Presentation. Mr. Matt Dupre, introduced himself and former State Representative Mitch Needleman who was now part of their team at Lligere Strategies, LLC. He related four Bills which the firm was working on that represented City revenue downgrades. Mr. Dupre informed that Legislation was moving in the direction of limiting taxation. However, smaller cities need the exemption language that his firm recommended in order to maintain their revenue. Mr. Dupre stated that one of their tea'm's strategies is to look at Legislation which represents unfunded mandates to cities. Mr. Dupre also stated that the firm is proposing language to amendments related to water and schools and impact built -out communities. Mr. Dupre referred to the City's lighting needs and informed about a program in which CitiBank reviews an electric bill and retrofits existing fixtures with energy conservation lighting in an effort to reduce costs. The City would incrementally pay CitiBank back with a savings over time in using the energy efficient lights. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 17, 2009 Page 7 of 15 Mr. Dupre stated that the Florida League of Cities also represented cities; however, the League could not effectively represent both Miami and Mims, Mayor Randels questioned how the City would obtain value for the firm's fee. Mr. Dupre explained how their firm works with current clients to develop: 1) a specific plan for a city, and 2) develop a list of measurables, such as bringing Legislators to the City, identifying amendments and finding sponsors for those amendments. These were the measurables that create their value to the client. Mr. Dupre stated that the firm was a participating part at the Legislative table. Ms. Roberts reminded of the Strategic Outreach approach which the Business and Cultural Development Board brought up during the Workshop Meeting with the City Council. She asked if there were any interest in giving this item to the Board for further discussion. Ms. Roberts explained that the Board could recommend if lobbying efforts were a value for City based on their interest in a Strategic Outreach program. Mayor Randels requested the Council's consensus to forward this item to the Board. Mr, Petsos stated that although he had no problem with the Board hearing from the Lobbying firm, he also wanted the Board to be aware that the Florida League of Cities also provides beneficial Legislative resources. Mr. Dupre emphasized that the League had a difficult job, however, of representing the need of extremely diverse populations. Mayor Randels stated that the Council would not make a decision at this time but would forward this issue to the Business and Cultural, hoard for their discussion and a recommendation. Mr. Needleman emphasized that the firm was not seeking to overshadow the League's work. He related an example of how one city in the League delayed the passing of a Bill, showing how the power of one city impedes the process. He stated how the firm specifically targets the small cities with a supplementary voice in the Legislative process. REPORTS. 7:45 p.m. — 8::00 p.m. CITY MANAGER Mr. Boucher reported on the previous City Council Special Fact -Finding Meeting of Tuesday, March IV'. Mr, Boucher related that he and the City Clerk met with Mr. Morley on Friday, March 13th and Monday, March 10h to go over the issues that arose during that Meeting. Mr. Boucher reported that discussion included: Arbitration to which he agreed, but Mr. Morley did not agree and Mr. Morley also did not agree to any form of discipline which Mr. Boucher desired to impose. Mr. Boucher mentioned that some new documents were uncovered which shed further light on the issue. The documents showed more conversation between the Building Official and the Architect; however, that conversation did not include the Fire Department. Mr. Boucher stated that Mr. Morley resigned of his own accord and he did not impose any disciplinary action on him, he resigned. Mr. Boucher stated that he found an Arbitrator City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 17, 2009 Page 8 of 15 from Tampa in an effort to obtain an independent review of the issues which would come to a binding result. Ms. Roberts asked if Mr. Boucher could elaborate on the conditions of employment that he presented to Mr. Morley. Ms. Roberts also questioned if the revelations of Tuesday's Special Meeting still warranted discipline. Mr. Boucher recounted that he was interested in binding Arbitration; however, Mr. Morley was not. Mr. Boucher said that it appeared that Council desired for him and Mr. Morley to reconcile their differences. He reviewed the issues and the City Policy regarding Reinstatement which required six-month probation which Mr. Morley also did not accept. Mr. Boucher expressed his contention with Mr. Morley using City equipment on City time for personal gain. He emphasized that this was one of the conditions he presented to Mr. Morley. Mr. Boucher stated that after hearing City Council's concern related to the life/ safety issues, he sought an Accreditation process for the Building Department which would review every aspect of their operation to include its interaction with the Fire Department.. Mr. Boucher emphasized that Accreditation,, after achieved, would become a continuing process. Ms. Roberts expressed her concern with a City wide ,issue in management as well as the Human Resource capabilities which were very outdated, She stated how much of what has come to Council attention, would have to be handled internally to deal with corrective action as part of the performance review. Ms. Roberts stated that what she understood from the Tuesday meeting was a shared responsibility of action. She stated that the approach appeared punitive in her observation. Ms. Roberts stated the City's Human Resource processes were .archaic. She stated how the stage for the City's workforce should be fair, upgraded and, updated. Ms. Roberts expressed her concern on honing in on this issue without taking corrective action at a larger level. Mr, Boucher stated that again the discussion related to the life/safety issues and he was seeking a way to tighten the Building Department's procedures. Accreditation was a peer review process that would assist in addressing the process. Ms. Roberts referred to the International Standards Organization, ISO, which offers a host of business standards and practices as well as the Sterling Awards of Excellence which was another Accreditation standard for the whole of the City. Ms. Roberts stated that this issue was just a part of a larger set of issues. Mr. Boucher recommended that the City Council fund the Accreditation process in order to avoid any future problems. He stated that City wide policies could be instituted afterward; however, Accreditation for the Building Department would address the life/safety issue. Mr. Boucher informed that when he spoke to the Accreditation organization, and they informed him that quality assurance was their most frequently identified problem. Mayor Randels agreed that the City should seek Accreditation; however, Accreditation did City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 17, 2009 Page 9 of 15 not address the problem at hand. He stated that he took issue with the word that Mr. Morley resigned, Although the City Council received a letter from Mr. Morley that he resigned, Mayor Randels stated that he perceived Mr. Morley's resignation was forced and he stated that the punitive action was not warranted. Mayor Randels stated that he no longer had confidence in the City Manager's ability to lead the City. He called for a Special Meeting to Evaivate Mr. Boucher's effectiveness to lead the City. Mayor Pro Tem Hoog stated that over the past six years, Mr. Boucher's evaluations were good in every area except in Personnel issues. He stated that he had spoken to Mr. Boucher about this and did not feel that Mr. Boucher was strong in the area of Personnel. Mayor Pro Tem Hoog also stated that the Council fad requested certain things and the City Manager was not expedient to respond. Mayor Randels agreed that there were Goals and Objectives which were not performed. Mr. Petsos stated that from day one he thought Arbitration was necessary on this issue and he still agreed to it. Mr. Petsos stated that he was not averse to meeting for open discussion on the City Manager, but he preferred an Arbitrator. Mayor Pro Hoog brought out that he has not ;heard from anyone who is pleased with this situation. Although the Council was not pari of the stay -to -day operations, such as hiring and firing, He expressed concern with people expressing that the City was losing one of its best employees. Ms. Walsh reminded that at the Tuesday, March 101" meetingone of the developers pointed out that there was enough guilt to go around. Ms. Walsh stated that an Arbitrator would address all the issues and would not strictly place blame on any one person. Ms. Roberts stated that as a result of Tuesday's Meeting, there were many lessons learned and part of the City's approach to change would enable us to learn from the mistakes, and move forward with an updated Human Resources capability in terms of a full-time Human Resources person. Ms. Roberts expressed her concern with the Human Resource processes being implemented from an outdated manual. She also expressed her angst with punishing one, employee when the City should move forward to wholeness. Mr. Petsos asked Mr. Boucher if he would work agreeably with an Arbitrator. Mr. Boucher agreed that he would, saying that a ruling from an Arbitrator would be binding on all parties. 'Ms. Roberts stated that not having Mr. Morley working was a great cost to him and she emphasized the timeliness of obtaining an Arbitrator. Mr. Nicholas requested to know the time and date of the Special Meeting. Mayor Randels replied within 72 hours. Mayor Randels requested that each Council Member submit their schedules to the City Clerk in order to schedule the Special Meeting. Mr. Hans Saurenmann reminded the City Council that the taxpayers, citizens, and residents have rights also. He disagreed with the Mayor's expedient decision in calling a Special Meeting, but stated that the Council should seek a three month Moratorium to cool City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 17, 2009 Page 10 of 15 down before making any decisions. He personally desired that Council seek an Arbitrator. He suggested the review of all the Departments, beginning with the Building Department. Mr. Saurenmann stated that the City operated because of the regular people, like himself, and it was time for the City to rethink how it does business. Mr. Saurenmann reminded that Mr. Boucher was hired under similar conditions because the City Council fired the former City Manager. Mr. Saurenmann concluded that it was time for the City to clean up its act. Mr. Jeff Wells, business owner, 211 Caroline Street, expressed his concern with the use of the phrase, "health, safety and welfare." He stated that based on the situation Mr. Morley was in, he performed due diligence and research. Mr. Wells stated that the Fire Inspector should have performed the inspection along with Mr. Morley; however, Mr. Morley made a judgment call for both the Fire and Building Departments. Mr. Wells stated that although the City Manager spoke about the °health, safety, and welfare issue, when he asked the Fire Chief if the hotel was closed, he replied no. Therefore, how much of the issue is related to health and safety if the building is still open. Mr. Wells also stated that the City's Manager's was now seeking more intradepartmental meetings to occur, but it was the City Manager's responsibility to ensure that those meetings took place before this issue. 11%Ir. Wells stated his surprise that the same number of Staff were operating during the building boom. Mr. Wells brought up the scenario of any employee thinking they, too, would be let go due to mistakes, Mr. Wells stated that he could' not see how Mr. Boucher used two mistakes as a basis to discipline Mr. Morley. Mr. Wells related on; how Mr. Morley and Mr. Clements conducted a thorough inspection when he attempted to build a Laundry Room. He stated that they helped him extensively throughout the process. In conclusion, Mr. Wells added that someone from the Fire Department should have also been disciplined and he reminded of how many permits Mr. Morley issued under stressful circumstances. Mr. Frank Kuhn stated that Mr. Morley was being released for two mistakes which occurred several years prior. Mr. Kuhn stated that Mr. Morley personally assisted him with building issues. He stated that there was a vendetta and whoever had the vendetta against Mr. Morley should be let go. Mr. Kuhn emphasized that the City Council should take the time to dear from the residents. Mr. Werner Grewe expressed his surprise with Mr. Morley's resignation. He stated, for the record, that he was personally convinced that this was a forced resignation. Mr. Grewe conveyed three points that came out during the City Manager's Investigation: 1) an eight year old missing fire alarm permit which related to the previous Building Official, Morris Reid and Mr. Boucher should not have used this old information; 2) information found on Mr. Morley's computer. And, 3) the use of City time for personal telephone calls and his private business. Mr. Grewe stated that this was not a life-threatening situation as Mr. Boucher conveyed, but a personal issue between Mr. Boucher and Mr. Morley. In conclusion, he stated that Mr. Boucher should have called for a meeting among the City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 17, 2009 Page 11 of 15 Departments to resolve the situation. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Call fora Special Meeting Within 72 -Hours to Evaluate Mr. Boucher's Effectiveness to Lead the City. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Mr. Boucher requested a Workshop for April 7`h at 5:30 P.M. related to the City History Video. Mr. Stanley desired to show Council what was he has done so far. The City Clerk had an available copy of some clips for Council Member's viewing. Mr. Boucher reported that Florida Power and Light wanted the Council to choose a date the week of April 27th or May 110 to conduct the Home Energy Makeover audits. Council was seeking a time after the Hubble Launch. The Clerk's Office would schedule a confirmed date with the Council Members for the week of May 11 1'. Mr. Boucher requested obtaining a Message Board for the Art Show on the weekend of March 28�h at a cost of approximately $1,000. Ms. Roberts expressed her concern with the previous Message Board Weft on over the weekend. Mr. Lefever informed that the company could not pick up or turn off the Board until Monday. Ms. Roberts recalfed' Council's discussion relating to purchasing a Message Board. Mr. Lefever pointed out that the flashing dates were specifically stated. Ms. Dianne Marcum reported that the Message Board was a successful marketing tool especially since Manatee Sanctuary Park was difficult to find. Mayor Pro Tem Hoog recommended purchasing a digital sign. Ms. Walsh asked if there were funds in the Budget, Mr. Boucher stated that new equipment could be purchased with Impact Fees. Ms. Walsh asked about the use of Sandwich Board signs, Mr. Boucher stated that he would work on some form of signage. Mr. Boucher reported that Brevard County Animal Control performed a peacock head count within the last 10 days and they estimated slightly fewer than 100 peacocks in the community. He stated he could now proceed with a management plan to thin out the population . Staff could find homes for them and have the peacocks humanely transplanted along with a communication plan to notify the public. Mr. Boucher commended Mr. Lefever on the successful Community Celebration event. STAFF` Recreation Director Mr. Lefever announced the Outdoor Movie in the Park, Igor, beginning at 8:00 P.M., not 7:00 P.M., as previously published prior to Daylight Savings Time. The Kiwans Club would sell refreshments. Please bring a blanket or lawn chairs City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 17, 2009 Page 12 of 15 Mr. Lefever asked to show the Marketing Video to the audience. Ms. Roberts asked if recommendation changes were made yet. Mr. Boucher replied that the company was working on a quote for editing. Public Works Director • Mr. Bandish stated that the Beautification Board chose some colors and designs for the intersections. Mr. Boucher said that this would be on the Agenda for April 7«'. Business & Cultural Development Board Report. • Ms. Dianne Marcum reported that given the current business and economic environment, the Board requested a more timely way to report to the Council. Ms. Marcum announced the Images in Art Festival, March 27'h and March 28'h from 10 A.M. to 5 P.M., Saturday and 10 A.M. to 4 P.M,, Sunday at the Manatee Sanctuary Park, Ms. Marcum informed that the vendor provided a table for City related information and other City Boards were also welcomed to use it. Ms. Marcum informed that their Board would meet on Wednesday, March 18`h from 3 to 5 P.M, Ms. Roberts asked if the Board planned to present the Redevelopment Plan to the City Council. Ms. Marcum stated that the Board would discuss this as part of heir plans during their meeting. AUDIENCE TO BE HEARD: 8:00 p.m. — 8:30 p.m. Mr. Leo Nicholas referred to the various shuttle models around the City and questioned why the one on the City Hall lawn was gated and chained. He asked if the City's was more susceptible to damage. Mayor Randels explained that people climb on the one at City Hall. Mr. Nicholas asked if any more consideration were given to raising the model higher. Mr. Petsos requested to seek the solution that would raise the model shuttle. Mr. Frank Kuhn asked the Mayor who oversees the City's Contracts. Mayor Randels responded that the City Manager oversee all contract to include the Sheriffs Contract. CONSENT AGENDA. 8:30 p.m. — 8:35 p.m. City Council Regular Meeting Minutes of March 3, 2009. Ms. Walsh submitted several changes. Ms. Roberts noted some of Ms. Walsh's changes were the same as her own. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve Consent Agenda Items with Amendments. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 17, 2009 Page 13 of 15 A motion was made by Ms. Roberts and seconded Mayor Pro Tem Hoog to Extend the Meeting for 15 Minutes. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. RESOLUTION: 8:35 p.m. — 8:55 p.m. 2. Motion to Approve: Resolution No. 2009-06; Establishing a Charter Review Committee. Mayor Randels read Resolution No. 2009-06 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING A CHARTER REVIEW COMMITTEE, SETTING FORTH THE PURPOSE, APPOINTMENT OF MEMBERS AND BASIC PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE, Ms. Walsh requested specifically the Ordinance that related to the Charter text. Attorney Garganese explainedhow prior to the Munici=pal Dome Rule Powers Act, the granted power and authority for municipalities had to come from the Legislators. When the Legislators created municipalities, they adopted huge, special acts which laid out all the authority for the municipality. When the Horne Rule Powers Act was adopted, municipalities have authority by Horne Rule and they no longer have to rely on the authority granted by the Legislature. However, if the City has an old Charter, some of the provisions have been converted into Ordinances. Ms. Walsh stated that when reviewing the Charter, in some instances the provisions relate to looking at two or three paragraphs of an Ordinance that may be pertinent to review when looking at the Charter. Attorney Garganese stated that in his view the City Charter needs a complete overhaul due to the length of time since any real review. Attorney Garganese recommended using the National League of Cities Model City Charter standard' of review and suggested adding it the provisional Section of charters reviewed. Mayor Randels clarified adding this under Section 4, Objectives, "to study various other municipal charters and the National Model Cities Model Charter, 8�' Edition. A motion was made by Mr. Petsos and seconded by Ms. Walsh to Approve Resolution No. 2009-06 with the Amendment to Section 4, Objectives. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Reguiar Meeting Agenda March 17, 2009 Page 14 of 15 ORDINANCE: Second Public Hearing: 8:55 p.m. — 9:10 p, m. 3. Motion to Adopt: Ordinance No. 04-2009, Amending Chapter 98, Article ll, Plats. Attorney Garganese read Ordinance No. 04-2009 by title. AN ORDINANCE OF THE CITY OF CAPD CANAVERAL, FLORIDA, AMENDING CHAPTER 98, SUBDIVISIONS, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO PLATS; AMENDING AND CLARIFYING THE CRITERIA REQUIRED FOR PRELIMINARY AND FINAL SUBDIVISION PLAT REVIEW AND APPROVAL; PROVIDING A PROCEDURE FOR REVIEW AND CONSIDERATION OF LOT SPLITS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. Mr. Brown referred to the previous City Council Meeting and stated that Staff was still in the process of working on the flow charts and forms related to the Ordinance. He stated that these would be ready for the Council Meeting on April 70'. Attorney Garganese explained that establishing a date and time certain for the next reading, would preclude any further advertising, A motion was made by Mr. Petsos and seconded by Mayor Pro Tem to Postpone Ordinance No. 04-2009 until the City Council Meetng of April 7, 2009. The vote on the motion carried -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms, Roberts, For and Ms. Walsh, For. CONSIDERATION: 9:10 p.m. — 9:25 p.m. 4. Motion to Approve: Selection of Citizens' Visioning Committee. Ms. Walsh stated that there appeared to be a core group of eight people who were identified on all four lists or three of the four lists: John Porter, Joyce Hamilton, Tom Garboski, Richard Clark,, Lea Nicholas, Melora Foley, Bruce Collins and David Schirtzinger. Ms. Walsh stated that there were nine names which were on at least two of the lists. Ms. Walsh identified that there were no representatives from the northwest quadrant of the City; however, she recognized Bob Baugher as a representative from that quadrant. Ms. Roberts recognized that Lori Peppers expressed an interest in serving on the Committee. Mayor Pro Tern Hoog pointed out that the Council was not aware of who was willing to serve. A motion was made by Mr. Petsos and seconded by Ms. Walsh to Extend the Meeting Until 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 17, 2009 Page 15 of 15 Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Ms. Roberts recommended Adrian Kessler as a matter of diversity who played an integral role in environment and the beaches. Ms. Walsh read the names of those on the second list: Bob Baugher, Mark Derman, Mark Morrison, Evelyn "Annie" Tannenbaum, Gene Petre, Alfredo Teran, Reverend Blizzard, John Anderson, and Dianne Marcum. Ms. Roberts asserted that she did not find the process deliberative without any discussion of the aspects of what each of these individuals would bring to the table. Council appeared to be choosing by a numbers representation. Ms. Roberts expressed her disfavor with the process. Ms. Roberts stated that Mr. Brown could have presented an aggregate number for the Council's agreement. Mir. Brown concluded that he would contact these individuals to ascertain their willingness to serve. DISCUSSION: 9:25 p.m. — 9.45 p.m. S. 2009 Management Improvement Agenda, This item was deferred to the April 74h City Council Agenda. REPORTS: 9:45 p.m. — 10:00 p.m. CITY COUNCIL There were no reports from the City Council. ADJOURNMENT: There being no further business, the Chair adjourned the Meeting at 10:25 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 911 Polk Avenue, Cape Canaveral, Florida FRIDAY March 20, 2009 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills To Evaluate the City Manager's Effectiveness to Lead the City Mayor Randels opened the meeting by stating its importance to the future of the City. He thanked all who were in attendance. Mayor Randels stated that this was the most important meeting he was responsible for Chairing. Mayor Randels requested that the audience maintain decorum stating that the Meeting was not a popularity contest. Mayor Randels expressed the desire for better policies, procedures and recordkeeping for the Building Department. He also stated the desire to develop corrective action without the recourse of a job lost. He turned to the Council on how to proceed with the Meeting. Ms. Roberts stated that the City Manager's main concern was the life/safety issue. Ms. Roberts suggested that the Council return to the discussion on the life/safety issue. She stated that she perceived that, after that meeting, a shared responsibility related to that issue would develop. Mayor Randels reminded that the Fire Chief had also agreed with a shared responsibility and the need for improvement in communications. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 2 of 9 Ms. Roberts asked Mr. Boucher if he had any comments. Mr. Boucher stated that he attempted to work out a reinstatement with Mr. Morley; however they had a few issues that they could not reach resolution on. Mr. Boucher stated that a political process has been interjected into a personnel matter which was counterproductive in attempting to resolve the personnel matter. Ms. Roberts referred to the March 10th meeting and stated that the Council was hopeful that subsequent to March 10th, that he and Mr. Morley come to some resolution. Mr. Boucher re -stated that politics made it difficult for them to reach that resolution. Ms. Roberts clarified that it was not the issue, but the process. She pointed out that the Personnel Policy was a 1998 document. Mr. Petsos again suggested Arbitration in order to have an impartial party conduct the hearing and render a solution. Ms. Roberts informed that she requested information on mediation assistance. She asked the City Clerk to report on what she found. The City Clerk informed that there was someone who was not an attorney, but an Alternative Dispute Resolution consultant. Mr. Steven Rosenthal was the principal for a firm called, The Training Tree and he was working with the City of Deltona on personnel related matters at this time. She could notify him when he became available to address this situation, Ms. Petsos stated he agreed for an Arbitrator. Ms. Roberts stated her desire that an Arbitrator or Mediator would look at a present situation and address the work issue. Ms. Roberts pointed out that this situation has become a high cost to the City and to Staff in lost time. Attorney Garganese defined the terms Mediator and Arbitrator as: Mediation is a scheduled conference between the parties to a dispute in order to help the parties reach an amicable resolution. A mediator cannot administer a binding order. Arbitration is a form of private dispute resolution. Arbitration is a binding procedure. A motion was made by Mr. Petsos and seconded by Ms. Roberts To Hire a Mediator to Address Resolution Between the Building Official and the City Manager. The vote on the Motion carried 3-2 with voting as follows: Mayor Pro Tem Hoog, Against; Mr. Petsos, For; Mayor Randels, Against; Ms. Roberts, For and Ms. Walsh, For. Ms. Walsh questioned if Mr. Rosenthal or his team were capable of handling the Fire Department's portion of the issue. The City Clerk informed that Mr. Rosenthal's partner was the former Fire Chief for the City of St. Petersburg, although she was not aware at this time of his level of expertise in disputes related to Fire codes. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 3of9 Mayor Pro Tem Hoog requested that Mr. Rosenthal consider the case in its entirety. Mayor Randels stated that he did not see this as a Personnel issue. Mayor Randels stated that this situation was more an issue of who was right or wrong. Ms. Roberts stated that the City desired to pursue someone who could bring about a positive solution for the City. Ms. Walsh clarified that it appeared that the City Manager and the Building Official have spoken; however, there has been no resolution to date. Ms. Roberts stated that the whole purpose of having a professional mediator is to move them off -point and come to a consensus on this issue. Mayor Randels restated that he did not perceive that this was a personnel matter. Attorney Garganese clarified that discussion was Human Resources related to the City Manager's effectiveness to lead, so the discussion was on point. Attorney Garganese clarified that on a broader scale the discussion could bring up any other points that were related to the City Manager's effectiveness to lead as well. Mayor Randels stated that the things that he planned to present some things would have an effect on a mediation. Mr. Boucher stated, however, that he was not prepared to recount the specifics of the last City Council Special Meeting. Mr. Petsos pointed out that a Mediator could provide an unbiased opinion on the points brought up during the last Special Meeting, Ms. Roberts stated that the purpose of a Mediator was to bring the two parties together and report back to the Council on the results of mediation. She expressed how the City needs to come through this situation whole and healthy. Mayor Pro Tem Hoog stated that if the person comes in and he is unable to bring the City Manager and the Building Official to a consensus, what would the City gain. Ms. Roberts expressed that she was seeking what was best for the City on behalf of all parties concerned. Mayor Pro Tem Hoog also pointed out that Mr. Morley had been out of work for up to five weeks and he requested that the City Manager bring Mr. Morley back until the problem could be resolved. Mayor Pro Tem Hoog stated that up to this point, it was unfair to Mr. Morley to be out of work while a decision was in progress. Mayor Pro Tem Hoog asked the City Manager to consider bringing Mr. Morley back until the Mediator could be obtained. Mr. Boucher stated that he would take that under advisement as soon as the City Clerk could coordinate with Mr. Rosenthal's schedule. Mr. Boucher responded that he would consider placing Mr. Morley back in employment as long as the City was seeking a Mediator. Ms. Roberts asked if the City Council could know immediately on Monday morning. Mr. Petsos requested to know if Mr. Rosenthal could be secured on Monday as well as knowing if Mr. Morley would report to work on Monday. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 4 of 9 Mr. Morley asked if safeguards would be in place to ensure that there was no resulting hostile work environment. Mr. Morley also clarified that he was seeking a reinstatement, not a probationary employment status. Mr. Leo Nicholas pointed out that the Council had made a Motion. However, they did not address the question on their Agenda. He asked for a Point of Order related to the Agenda Item. Ms. Roberts stated that Council's discussion could proceed to other aspects of that Agenda Item. Ms. Gail Villanueva presented the question of whether Mr. Boucher could manage the City. She stated that the purpose of whether Mr. Boucher would continue as City Manager was the discussion of the Agenda. Ms. Roberts responded that there was no intent to circumvent the Agenda item. Mayor Pro Tem Hoog stated that Ms. Villanueva appeared to know the difference between a Mediator and Arbitrator and asked her to repeat her statement. Ms. Villanueva stated that she did not believe that there was a need to bring in a third -party to assess an abilities issue. Mr. John Porter stated that the Council has displayed an appreciated level of decorum. Mr. Porter stated further that both the City Manager and the City Council had room for improvement and that the City needs to move forward. Mr. Porter expressed his agreement with improving the City policies and procedures. He also pointed out the need to establish a vision and for City Council and Staff to get behind that vision and support one another. Ms. Delores Kaufman stated how she felt railroaded seeing that the Meeting went off - topic from what was stated on the Agenda. Ms. Kaufman brought up the issue of the Personnel Policy. Ms. Kaufman pointed out two policies involving Sections: 2.0 or 3.8 related to City issued property. Ms. Kaufman stated that Mr. Morley could not be charged for City cell phone use unless all City employee cell phones were investigated. Ms. Kaufmann questioned why Mr. Morley was being singled out. Ms. Kaufman stated that the City policies should both either be strictly enforced or stricken. She questioned if the City Manager was also held to the standards of the City's Personnel policies as were the City employees. She perceived this as selective discrimination toward Mr. Morley. Ms. Kaufman concluded that City Council may consider in the future not deviating from their published Agenda. Ms. Susan Carter from Bayside Condominiums referred to one of the statements expressed during discussion of who would stay and who would go. Ms. Carter pointed out that the Council Members were too close to this situation make a rational decision. She stated that the City was way behind in its practices from the top level to bottom as far as its procedures. She concluded that nothing well ever came from making accusations. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 5 of 9 Ms. Carter stated her opinion that Mayor Randels called this Meeting in haste to which Mayor Randels refuted her statement. Ms. Carter recommended having someone come in with a fresh approach to analyzing how the City does business. On a final note, Ms. Carter requested to schedule a meeting with the Mayor and the City Manager within the coming week to discuss matters that have developed at Bayside Condominiums, Mr. David Schirtzinger recommended placing Mr. Morley on paid Administrative Leave while decisions were in progress. Mayor Pro Tem Hoog stated his desire to bring Mr. Morley back as soon as possible. Mr. Schirtzinger also recommended that Mr. Morley receive all of his back pay. Ms. Carter stated that she has been an independent business owner for many years and pointed out that Florida is a right-to-work state. Ms. Carter stated that it was not right for the public to make employee pay decisions. Mayor Pro Tem Hoog stated that many mistakes were made by several parties; however, Mr. Morley was the one penalized. Ms. Melora Foley requested that Mayor Pro Tem Hoog recuse himself from the vote due to his personal involvement as an electrical contractor of record on some of the construction projects on record. Mayor Pro Tem Hoog cautioned Ms. Foley on making accusations that she was unable to substantiate. Mr. Boucher stated that he would seek the Mediator's schedule and work out the details with Mr. Morley. The City Clerk would also provide the cost. Mr. Charles Pindziak asked how much emphasis would be placed on a Mediator's recommendation. Mr. Pindziak stated that a Mediator has nothing to do with the Item on the Agenda. Ms. Kaufman stated that she would like to hear what Mayor Randels planned to present that would affect any mediation. Mr. Chris Harris stated that he had a problem with the way the whole Building Department was run. Mr. Harris stated further that the City's processes were not followed through and resulted in costing him thousands of dollars and he had a problem with keeping both of them [City Manager and the Building Official]. Mr. Lyn Mars asked if a Mediator is brought in every time an employee separates from City employment. Mayor Randels responded no, they were not. For the record, Mr. Boucher stated that by close of business on Monday, the City Council would have a status report of the timeline for the Mediator and Mr. Morley's employment status. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 6 of 9 Ms. Kaufman inquired about who found the Mediator. Ms. Roberts stated that she requested information from the City Clerk, who is the City's Human Resources Coordinator, to seek a Mediator and one was sought through the Florida Labor Relations Association. Mayor Randels returned to Item No.1 on the Agenda. Mr. Petsos stated that if all of the Mayor's information pertained to what was discussed for the last few weeks, then that information could be turned over to the Mediator. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Relieve the City Manager from His Duties. Mayor Pro Tem Hoog stated that he has spoken with the City Manager at length many times about his management style. Mayor Pro Tem Hoog related on City employees' feedback which was negative towards the City Manager. Mayor Pro Tem Hoog stated that he also had a problem with the way Mr. Boucher brought discussion matters to the Council. He stated that Mr. Boucher's managerial style with the people had decreased significantly. Mayor Pro Tem Hoog stated that as recently as two days ago he was still hearing the same thing. Mayor Pro Tem Hoog pointed out that Mr. Boucher and Mr. Morley had reached a stalemate. Mayor Pro Tem Hoog expressed that the recent re- structuring of the Building Department had also become a sticking point for the City Manager. Mayor Randels expressed that he was frustrated with the City Council's lack of action on the issues. He stated that the City Council listens to residents; however, the City Manager was not giving the Council any results on those issues. Mr. Petsos stated that City Council's frustrations should have been voiced during their public meetings. Mayor Pro Tem Hoog stated that some of the Board Members have also expressed these same things. He related on the nonresponsive communication comments from the Code Enforcement and the Business and Cultural Development Board. Mayor Pro Tem Hoog questioned if it will change? Mr. Petsos stated that the City Manager should be put on notice if things are not to the City Council's satisfaction, Mr. Petsos stated that the City Council rated Mr. Boucher highly on previous evaluations. Mr. Petsos stated that Mayor Randels and Mayor Pro Tem Hoog rated him highly with 4.3 through 5.0 on his 2007 Evaluation. Mayor Pro Tem Hoog stated his desire to make the City a good City, not fire Mr. Boucher. Mayor Pro Tem Hoog stated that employees, however, were afraid of him. Mr. Boucher acknowledged that there were many employees in the audience and Mayor Pro Tem Hoog was at liberty to ask any one of them. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 7 of 9 Mayor Randels referred to how things were not being performed. Ms. Kaufman asked Mr. Boucher if he believed in freedom of expression and freedom of speech. Mr. Boucher affirmed that he did. Ms. Kaufman asked Mr. Boucher if he told those Building Officials who came to the March 10`" Meeting not to show up at the Meetings. Mr. Boucher replied no, saying that some of the City Managers requested copies of the letters sent on Mr. Morley's behalf. However, he did not tell those City Manager's to direct their Building Officials not to attend the Meetings. Mr. Porter recommended the following for City Council's use: 1) to take into account the projects being performed, and 2) to track them in order to clarify their current status. Ms. Roberts stated how an action tracking system was the manner to approach meeting the community's needs. Mr. Petsos stated that the City Council should receive a weekly status report. Mr. Boucher stated that at every City Council Meeting he distributed a Public Works status report which was one of the major City Departments. Mr. Boucher stated that the E -Better Place Tracking System was the electronic system to address City resident concerns. Mr. Petsos asked if there were a way for the Council to access the E -Better Place System. Mr. Chris Harris recommended Microsoft Project for scheduling and developing project status reports. Ms. Judy Lau informed that she has not to date seen an Action item in the Minutes that tells who is performing what job and when it will be completed. Ms. Lau stated that the first thing any Agenda should do is provide an Action Report. She pointed out that Action documentation was key, not anecdotal information. Ms. Lau stated that she would not ever take an action based on what was told to her by someone in a parking lot. Ms. Lau stated that even in an at -will State, the Council could be sued for proceeding on unfounded comments. Mr. Ray Osborne questioned who was under Contract. Mr. Boucher clarified that his Contract was renewable in September of each year. Ms. Walsh pointed out that no Performance Evaluation was done in 2006, or in September 2008. Mr. Boucher stated that he was working on Tropical Storm Fay in 2008. At this point, Mayor Randels stated that it appeared that the City Council was the enemy in this situation. Ms. Roberts proceeded to explain how at NASA that suggested initiatives were logged. She stated how many ideas come up during a City Council Meeting; however, all the points were not registered in an Action Tracking format. Mr. Boucher stated that items brought up were tracked through his Executive Assistant. Ms. Walsh and Ms. Roberts stated, however, that the items registered needed to be distributed for all of the Council to review. Mayor Pro Tem Hoog stated that when the City Council has ideas, they need to bring them up for discussion as a forum. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 8 of 9 Ms. Roberts recommended establishing the format of the City Council Meetings in order to be able to discuss what gets worked on. Ms. Roberts stated that the iSO 9000 requires a lot of documentation and she also noted how the Governors' Sterling Award sets the framework for improvements related to municipal functions. Ms. Roberts noted that the City could take some positive improvements with these guidelines. Mayor Randels also brought up the suggested Accreditation for the Building Department as a means of improvement. Ms. Foley pointed out that Accreditation was a process, which would take time. Also, the City would need "buy -in" from Staff for this process. Ms. Lau informed that if the City planned to obtain any new software to contact Brevard Job Link who would be glad to assist with them training needs. Ms. Foley mentioned that there were free services available for computer training through the Brevard County Public Library System. Mr, Porter re -stated the need for the City Council to take a step back and rethink its current course of action. Mr. Porter suggested that Mayor Randels and Mayor Pro Tem Hoog revisit their issue with Mr. Boucher within six -months from today to assess if there were any change in his performance. Ms. Roberts reminded that Council would also conduct the City Manager's performance evaluation for 2008 before that time. Mr. Porter suggested that Mayor Randels and Mayor Pro Tem Hoog consider withdrawing their motion to Relieve the City Manager from His Duties, Mr. Frank Kuhn asked how one individual resident could document complaints against a Department. Mayor Randels stated that he was aware of Mr. Kuhn's concerns related to the Sheriff's Department. Mr. Kuhn said that the problem, however, does not appear to be resolved. Mr. Petsos requested that Mr, Kuhn forward his complaints to all five City Council Members and not Mayor Randels only. Mayor Randels restated that he was aware of Mr. Kuhn's concern with the Sheriff's Office vehicle take home policy. Mr. Kuhn expressed his concern with the City paying for Officers in addition to those which were out on sick leave. Mayor Randels responded that paid sick leave was part of the current Contract. Ms. Dianne Marcum, Business and Cultural Development Board, observed that the City Council appeared to have taken the responsibility for leadership failures. She stated that it was unfair for the Council to micromanage the City Manager's duties. She stated further that, if the City Council planned to move forward, then the Council needed to set realistic expectations. Ms. Marcum pointed out their role of addressing the City's policy. Mr. Boucher assured that he would improve the communication tracking with the City Council in order to help them make City decisions. Ms. Roberts expressed that the City Council desired an action Agenda and they wanted the City Manager to report on those actions. She expressed the need for a set of Council initiatives for the City Manager's response. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 9 of 9 Ms. Walsh also stated the need to hear City Board's initiatives. Mr. Petsos referred to the City Manager's past evacuations and emphasized how he had requested to hear from him in a timely manner, preferably daily. He said that this would clear up many of the communication problems. Mayor Randels agreed that it was critical for those on the City Council who were employed to hear from the City Manager in a timelier manner. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Withdraw the Previous Motion to Relieve the City Manager of His Duties. Ms. Roberts requested that the City Council immediately conduct a performance evaluation for the City Manager. Mayor Randels clarified that each of the City Council were to meet individually with Mr. Boucher, rate his performance on the prescribed form, and to discuss his evaluation during a Public Meeting. He informed that the Performance Evaluation Forms would be provided. Ms. Roberts requested to have the Management Improvement Item at the beginning of the City Council Regular Meeting Agenda. Council agreed by consensus to discuss the Management Improvements early in the Meeting. ADJOURNMENT: There being no further business, the Chair adjourned the Meeting at 7;30 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK WHEREAS, the motorcycle is an energy-efficient vehicle that reduces fuel consumption, traffic and parking congestion; and WHEREAS, motorcycles have proven to be an important form of transportation for commuting, as well as touring and recreation, both on and off the roads; and WHEREAS, motorcycles are increasingly being used as a regular means of transportation due to the current need to conserve fuel and our state's favorable climate for this mode of transportation; and WHEREAS, as a matter of safety, it is necessary to develop skills and an awareness of proper driving habits to handle these vehicles on the highways of our state. NOW, THEREFORE, !, Rocky Randels, by virtue of the authority vested in me as Mayor, of the City of Cape Canaveral, Brevard County, Florida do hereby proclaim the month of April 2009 as: Motorcycle Safety and Awareness Month In the City of Cape Canaveral and call upon the residents of this City to join me in observing April 2009 as Motorcycle Safety and Awareness Month, To: The City Clerk, City Manager, Mayor My name is Mike Pope and I am the President of ABATE of Florida Brevard County Chapter. We are a Motorcycle Rights Organization and also promote motorcycle safety throughout the state of Florida. It is our goal to get all the cities in our district to proclaim May as Motorcycle Safety and Awareness Month as Our Governor does in Tallahassee each year. We are formally asking your city for a proclamation and I have included an example of a previous proclamation to use as a template. I can be reached by my cell phone 321-480-3619 or P.O. Box 237582 Cocoa F132923-7582, E-mail ca�wan hpa�e ce�pdiii�w oiW € . Thanks in advance for your cooperation in our safety endeavors. Mike Pope: ABATE Brevard county Chapter President c S � V,;�w cz-` �_ POSITIVE ACTION THE CITY CAN TAKE FOR MAY MOTORCYCLE SAFETY AND AWARENESS MONTH 1. ASSIGN AN ELECTRONIC SIGN TO A CONSPICUOUS PLACE THAT SAY "MAY IS MOTORCYCLE SAFETY AND AWARENESS MONTH — LOOK FOR MOTORCYCLES! 2. PUT MOTORCYCLE AWARENESS STICKERS ON ALL co a CITY VEHICLES INCLUDING POLICE CARS FOR THE MONTH OF MAY. 3. ASK POLICE OFFICERS TO PLEASE MAKE DRIVERS AWARE THAT ITEMS HANGING FROM REAR VIEW MIRROR AND TOO MANY STICKERS IN REAR WINDOWS �. CAUSES A LARGE BLIND SPOT THAT CAN BE VvHAZARDOUS TO MOTORCYCLES. a., p � L V �„ CJ I L cn U � � � N ^1 /fir✓ �� J/r1 d� /X, j jl, the motorcycle is an energy-efficient vehicle that reduces fuel consumption, traffic and parking congestion; and WHEREAS: motorcycles have proven to be an important form of transportation for commuting, as well as touring and recreation, both on and off the roads; and Whereas: motorcycles are increasingly being used as a regular means of transportation due to the current need to conserve fuel and our state's favorable climate for this mode of transportation; and Whereas: as a matter of safety, it is necessary to develop skills and an awareness of proper driving habits to handle these vehicles on the highways of our state. NOW, THEREFORE, I, SKIP BEELER, Mayor of the City of Cocoa Beach, Florida, do hereby proclaim 5 as: q PwiUL� �O� MOTORCYCLE SAFETY AND AWARENESS MONTH in the City of , and call upon the residents of this City to join me in observin Motorcycle Safety and Awareness month. city City of Cape Canaveral City Council Agenda Form City Council Meeting Date: April 7, 2009 Subject: Outdoor Entertainment Permit — March of Dimes Department: Administration Summary: March of Dimes Night Walk on the Beach, April 25, 2009, 12 — 9:00 pm. Route is from Jetty Park to the pier and back. Requested Council Action: Approve the Outdoor Entertainment Permit as requested. Financial Impact: N/A Attachments: x❑ Supporting Documents Reviewed Outdoor Entertainment Permit Submitting Department Head: Date: Approved by City Manager: �� Date: City Council Action: ( ] proved as Recommended [ ] Disapprove r d [ ] Approved with Modifications [ ] Tabled to Time Certain cape-ntUkim1mydocumentsladminlcounciI meeting12009104-07-091marchofdimes.doc MAR -05-2009 06:56 MARCH OF DIMES COCOA Revised 03-22-07 CITY OF CAPE CANA' APPLICATION FOR SPECIAL OUTD( Date: 3-3-0 321 639 7145 P.01 post -it` Fax Note 7671 oate3 S• Q 9 pap°os► T° im CIA re, " co/oa9. 1",o !o. l far^ - r phone r Phone ! 79 a r, _ Fa: 0 Q J_ I AM 0' Fax a The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act act for the applicant. Name of Applicant: Ap)L t�J�7/lei Title ID ►' i� Firm: !"1 ar1"Y� 6 i-' _! / I r'ne—C Address: 1-660 h4. 6,3k, 661de, Alyc1. Su fir, 16 RkAhaf, l 51 L36-936 &Mail: Telephone: v3A I - 775 - Dao 5 FAX: 3311776 Local Contact: Ayel'L (J?Mb Me Titte:_&MMUhz& DrP('�r Local Address (if different from above) rY 6 Type of Event %r,U Alcoholic Bevarages Be Saved on the Premises? YES NO. Rvent Date(s) in Cape 14 Locarion(s): Data(s) Time Park Atiuch map(s) indicating event area and designated parldng areas, ❑Traffic Control ❑Use of FolicefFira Rescue Equipment ❑street Closing OVehlcle&Tquipmmt on Beach 00ther OVahlcle Parr on City Property Specify If applicant wishes to erect tuts or other temporary stroctarm in conjandion with the west, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City CoutieD has approved the Outdoor Entertainment Permit. By signing this application, the applicant acl000wtedges and agrees to the following provisions: MAR -05-2009 08:56 MARCH OF DIMES COCOA 321 639 7145 P.02 Ptavised 03-22-07 I. rNSURANCCE A written public liability insurance policy insuring the person staging, promoting or conducting tha outdoor etmrtaitmtent event against any and all claims and demands made by any person for injuries received in connection with the staging, promodAg, cooducting of attendance of or at the outdoor entertainmant event, written within limits of not lass than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus 525,000.00 damage to property, and for not less dw $500,000.00 for damages incurred or claiuted by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application fur a special outdoor entertainment permit, together with adequate evidetsce that the pramium3 are paid, Name of Insurance Co: �8 i C� Policy No:35��a5a Expiration Date: 19,31-69 II. gROMOTIONAL AUTHORIZALTTgN Permittee authorizes the City of Cape Canaveral to utilize Pamittee's name and project for public relation purposes and other media related purposes. [U- EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual; rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV, EKBMPITONS Mon-pro6i organizations may seek a waiver of any of the outdoor entertainment code requirsmcnfs if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as requirtd by said code. List any exemptions you are seeking. Approved by City of Cape Canaveral: City Raprebentative's Name: Title: Siguatun: Applicants shalt keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For flutter information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32420 Pbono: (321) 868-1230 Pax: (321) 868-1224 v O L £0'd 9bIL 6C9 IZE 110000 53WIQ d0 KOM 99:80 600Z-90-8vw MAR -27-2009 09:01 MARCH OF DIMES COCOA 321 639 7145 P101 A C ORD, DATENY) .,. 01/26/2009 �ono-n ki sk services Northeast. Inc. TDIS CERTIFICATE IS 19SR.cATD AS A MATTER OF INFORMATION ONLY New York NY Office AND CONF36RSNOFLIGHTS UPON TUR C13RTIFICATEHOLDER. THIS 199 Water Street CERTIFICATE DOES NOT AMEND, Y.XTEND OR ALTER Il1E Hew York NY 10033-3551 USA COV>E,RAGE AFFORDED BY THE POLICIES BELOW, INS 11MR.SAFFORDINGCOVERAGE NAZCA ►nor+£- 866 283-7122 FAX -(847) 953-5390 Mu"o INIURBRA Great Northern insurance Co. 20303 o.v,kU8. Federal Snsurance company 20281 march of Dimes Foundation 5 12)5 Mamaroneck Avenue e INs sxc vigilant Ins Co 20397 kilitc Plains my 10605 USA 41 IRiURL7t8 Pacific Indemnity Co 20346 IN9urueR a 0 ,m y THE A(1LICMS OF INSURAb10E UI ITER BELOW HAV`6 DGE ISSUED TO THE INSURPD NAIL ABOVE POR nM POUC"Y PNUO D INDICATED NOTWIII STANDING ANY REr2U3LDAENT, TERAS OR CONDITION OF ANY COWMACT OR OTIUM DOL` MINT"WITH RESECT TO WHICH TM CIOITIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLKIEs DE4CRMRD MLEN Is S1mfi:CT TO ALL THE TRIL W. EXCLUSIONS AND CoNDIT(oNS OF SUCK POLICjU AGGREGATE LDArrS SHOWN MAN' HAVE BEEN MUCED BY PAID CLAIMS LIMITS SHOWN ARE AS REQUESTED MX ADW TVfE Or IN9URANC£ POLICY NThO£1t POLICY P."Wil POLICY R"mAnow URlTT1 X17 OATXJMMZDkW DATE{MM1DVYY) S kvLA LAMNy 75812529 Oro 10/31/08 10/)1/09 Lozmoco-AA"CR 51,000,000 DAMAGE TO RENTPD 11, 000.000 X eo+nAR RGIAL ORNRL%L LI-JOUTY CUUMa MADE ® om]R TREwses (e. o xvnnoel o� panen110.00 PERSONAL A ADV INluev S 1, 000.000 d 0,' v 01MUL L A00REOAIE S2,000,000 OWL AGORA OATE LOAT APTLf£9 KIC O MODUCTS . COI,D,DP A00 111000.0000 POIJC.V Q TAO• LOC O MCT N A Avromos aeLIADD.nv 13525021 10/31/08 10/11/09 0060lNEo9rltbLeuMlr o ANY AUTO (R• S 1, 000 , 000 z ALL OWNED ATOS `n v ACDO.V JHFMY 9CSDDULEDAUTOs (Type ) _G InAED AVrON UUU SODdV INJURY X HON OWNED AUTOF (PuKWM-$ TROPIATYDAMAGE X cxnip Did 51000 X Call ped 11000 (Tuioodc]�R GABA G[ U A NULM ALTO ONLV • EA ACODENr AW AUTO o171EP, Tl1A!} fw Acc AUr00NLv; AGO C eecYSl fLT4LRxLLA LLAAILM 799647'42 10/11/ 10/;1/09 Lal WaAk CZ 5., ® Wcul. a C7.t]MSMADL AC.RIteLAT4 55.000,000 D®UCT1ELe X JETpeTIDN 510,000 D X 01'Al WOR"ItS MM79:NATION AND Po", Jon. X1AFLOYYJIS' L1n1D.rn EL LAC" ACCID¢NT 5 1.000.000 6 AW T ROPRIETOY I P ARTNzi,+ V`M CUTiVH oMCXWN0 EL EXCLUDED) EL D6 EASE -LA EMPtOVEB 11, 000.000 _' 2 I-LDISEASGLMT 31,600.000,a� Ilya. d-c11LG�WIaSPLCIAL►RNS OV1910 �r hebr• �7. OTHYR �f 0eSC7t1T'170N Oi OrEL.ITIDN�LDCAl7pV&VlIOC1CSlCxCLVTIDN:t ADLIED IIV LT/DORSEl¢NT�S►cQAL PROV1S10N9 �� RE: Event Name: 2009 march for Rabies. Event Location: 3etty Park. 400 jetty Park Drive. Cape Canaveral. FL 32920, Event Date: 04/25/09. symetrics industries. A51kC, Brevard County Sherriffs De t.. Publix, 3azzerCise, PO Ocean POtiOA. Lite Rock 99,3, Wuest.off NICU. Port Authority, Jetty Park, Cape Canaveral, The City of Cape ,.. .. t•It� l� �.k`.�Y�r11;� •,^„"-7 �`:.��i: < y� t .phi `u t J March of Di'MeS - Florida ChapterVHOULID AIN OFTMASOVIoe9CILMEDPOLX7-4aECANCRL LED UMRRlnQEMMVTION Attn: Shanna Michel DATE TKMOI,T1Q ISSUING INSIIREA WILL S.`IDBAV*RtO MAIL SS00 w. Eau oallie elvd. !n DAYS WWTTEN r•'7nCE TO TR2 0-24TO'I1_AT! HOLDER. NA1.8D T9 TIC'! Lam. Ir a SUT Melbourne FL 32 935 USA or rNWRP 7Y� LO Su SP(ALLlMT'D:R NO uBLIDATION •JR uA81Lr1'T ANY KIND WAN TEE INS1IRER, m ACTRI'S oa 4CPRflSP2JTATIV%:.. war. AUTHORIUD K9P1t99X PAlnVE QOM �l�Y` / J/� ✓/ ,.. 7'}t b f 7 . a ` 77 +_ MAR -05-2009 08:57 MARCH OF DIMES COCOA Request for Certificate of Insurance Please type or print in black ink Sent to: Commercial Insurance Administrator March of Dimes Birth Defects Foundation 1275 Mamaroneck Avenue White Plains, NY 10606 Ph. (914) 997-4640 Fax (914) 997-4672 If requesting for a division office, include name and address of chapter. 321 639 7145 P,04 Chapter Florida Division: Space Coast Full Address 1500 W Eau Gallie Blvd Include Street: Melbourne, FI 329335 Phone Number: 321-775-0205 Fax Number: 321-775-0208 For Information Contact Name or Description of Event: Shanna Michel at: 2009 March for babies Chapter. Florida Division: Space Coas Location of Event: Jetty Park, 40D JettyPark Drive, Cape Canaveral FL, 32920 Date of Event: 25 -Apr -09 (Requests must be received 6 weeks before eves i Need Cerfificate by: 4/15/2009 (Date) Names and Addresses of Additional Insured: Symetrics Industries, ASRC`Brevard County She Tiffs Dept, Publix, ,latiercise, Ocean Potion, Lite Rock 99.3, Wuestoff NICU,. Port Authority, Satum space coast, Liberty Tax (Products, liquor, watercraft and aircraft liability coverage is for March of Dimes only.) Will liquorAvinelbeer be served? No _ by whom? 'DO NOT SIGN ANY PERMIT APPPLICATION, LEASE, ETC., WITH RESPECT TO THE INSURANCE REQUIREMENTS ANDIOR LIABILITY ISSUES FOR THIS EVENT UNTIL THE CONTRACT HAS BEEN RMEWED AT THE NATIONAL OFFICE BY THE LEGAL DEPARTMENT AND INSURANCE DIVISION. ATTACH A COPY TO THIS FORM. A participant waiver is required for athletic events, bicycle and motorcycle rides and for water events. Parent or guardian signature is required for minors. Note the following safety gear requirements. Trail Rides; Heimat Bike or Motorcycle Rides: Helmet Roller Skating: Knee, Wrist & Elbow Pads, Heknet Boating: Life Jackets CONTACT THE COMMERCIAL INSURANCE ADMINISTRATOR FOR SNOWMOBILE ANO AIRCRAFT EVENTS. Date: 3312009 Name Shanna Michel TOTAL P,04 MAR -27-2009 09:01 MARCH OF DIMES COCOA 321 639 7145 P,02 Attachment to ACORD Certificate for „arch Uf Dimes Foundation The terrrtt, eoudibc% z and provkioru noted below arc hereby Attached to the captioned ccttificatr as additional description of the coveragc Worded by the insurer(s). This sttwhment does wr c"twa all tonna, conditions, coverages or aclusions eoirtaincd fin the policy. v4K000 march of Dimes Fcwndarian 1275 Namarnneck Avenue while Plains NY 1060S USA ADDITIONAL POLICIES tT1S UR ER TNSt-&a INSURER MI -MER MUR FR if it policy below does not include Bruit iufonnation, refer to the corresponding policy on the ACORD ocrti6cnte form (or policy limits. pfAQ LTR AmY WdRD TVM OF VGtNtA WT fal.irV DZICRIMON r oucv JLF. CTNL DATE POW -V mtkAlm Darz LIMA nxsatmloN oForexAnou9�l.oGnoNLveroaYs�eXa�oN4 ADortu 9v YT>QOR4r�¢t+r�4►eoAl MtvvrsloNS canaveral and city of Port Canaveral are included as Additional Insured with respect to the Gamer -al Liability policy. Certificate No : 170813444656 TOTAL P.02 City Council Meeting Date: April 7, 2009 Subject: 2009 Management Improvementmmm Agenda Department: Legislative Summary: The attached e-mail from Council Member Roberts is an outline of proposed topics for review and discussion as a basis for developing a 2009 Management Improvement Agenda. Requested Council Action: City Council work with City staff in developing a 2009 Management Improvement Agenda. Financial Impact: To be determined. Attachments: xo Supporting Documents Reviewed E -Mail dated 03-11-09 Submitting Department Head: Date: P P g Approved Y City b Ci Manager, �^ Date: City Council Action: Approved' as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape -n t\k imlmyd ocu me n tsladmi nlco u n ci IM eeti n g 104-07-091m a nag e m e nt. d oc Pagel of 3 Bennett Boucher From: C. Shannon Roberts [csroberts@cfl.rr.coml Sent: Wednesday, March 11, 2009 12:58 PM To: Bennett Boucher Subject: Re: Management systems agenda item Good afternoon, Bennett, As background, I had understood from our January "State of the City" meeting that we would have a Council brainstorming session on the "2009 Legislative Agenda" at an upcoming Council meeting, which we did in February, and that this would be followed by a "2009 Management Improvement Agenda" Council brainstorming session, which would be scheduled at the next Council meeting. As part of our February Council meeting, in which you put the "Legislative Agenda" on the Council meeting agenda, we brainstormed the ordinances we want to review this year, which would become part of the Council's "2009 Master Council Calendar." This would help ensure we pace ourselves and schedule ourselves during the year to acemplish the ordinance reviews we identified for 2009. With respect to the "2009 Management Improvement Agenda", Council would brainstorm ideas for management improvements, e.g., review of the City's Life Safety areas and associated policies and practices, development of a City Management System, development of City Customer Standards, which Council would like for the City to accomplish during 2009, as well. Examples of what Council might identify as part of the "2009 Management Improvement Agenda" brainstorming session at an upcoming City Council meeting include: - Third Party Review of the City's Life Safety business areas and associated policies and practices to ensure quality and timely life safety practices in the City (this was what we discussed at last night's meeting and you are researching with the Florida League of Cities for possible suppliers); - Development of a City Management System, which would include: defined processes, process maps, and forms which are associated with the City's ordinances. Process improvements inherent in this would be: steps involved with each process, the time periods involved, individuals involved (e.g., applicant, City official), forms required, sequence of actions needed (e.g., signatures, forms to be completed) at each stage of the process, alternative avenues which might be taken at certain steps, etc.... whatever is involved in the process from the beginning of the process to the end of the process to ensure closure of the action; - Development of a City Forms and Document Management System; - Hiring of a Human Resource Professional; - Hiring of a Public Relations Professional; - Development of a City of Cape Canaveral 2009 Human Resources Policies and Practices Manual; - Development of City Customer Service Standards; 3/11/2009 Page 2 of 3 - Development of City Performance Metrics; - Development of a City Program -Budget Process (1 believe Andrea and you are already working on this).- - his): - Development of a Council Action Tracking System; - City Visioning Process (you are already working on this one); Development of a Master Council Calendar each year; Development of a time/date certain for the performance evaluation of the City Manager each year All of the Council agreed upon "2009 Legislative Agenda" and "2009 Management Improvement Agenda" items would help provide the City, you and the rest of the City staff an idea of what Council would like to work on and have the City accomplish during 2009. As City Manager, you and other City Staff would help Council, Boards, Staff, and others schedule for 2009 what would be needed to accomplish these legislative and management improvement initiatives (e.g., Council meetings and workshops, Council/Board meetings and workshops, Community meetings, strategic outreach initiatives; Staff, Board, and Special Presentations). These would become part of the City's "2009 Master Council Calendar", so that Council, working with City Staff, could make sure we are accomplishing what we set out to do during the 2009 calendar year. Hope this helps provide an idea of how we might approach the Council brainstorming of "2009 Management Improvement Agenda" ideas, as we did the "2009 Legislative Agenda" at the February 2009 Council meeting. Please let me know if you have any questions or need additional information. Thanks for your initiative to help clarify what was intended with the Council "2009 Management Improvement Agenda" brainstorming agenda item suggestion. Shannon On Mar 11, 2009, at 10:05 AM, Bennett Boucher wrote: Good Morning Shannon, Do you have any background information or an outline of the management systems agenda item you requested? It would be great to put something in the agenda packet. Thanks, 3/11/2009 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: April 7, 2009 Subject: Ridgewood Redevelopment Project Department: Public Works Summary: The City of Cape Canaveral Cit has elected to erform the (City) p redevelopment of Ridgewood Avenue from West Central Boulevard to Johnson Avenue — proposed improvements include beautification, drainage improvements, construction of a bike path/pedway, etc. The City's engineering firm, Stottler Stagg & Associates, Inc. (SSA) has requested time (approximately 30 minutes) for a presentation of finduigs for this project. The presentation will include a number of potential cost saving items, which require review/approval from the City Council. Requested Council Action: Council approval to move fo......e.............................W it rward with selected project revisions - no additional funds are required. . ........................ ,.._--, ..-----------..........ee. .,,, �.............................. Financial Impact: NA. Attachments: Supporting Documents Reviewed �w__ ... uments Reviewed Submitting Department Head: Walter Bandish Date: 03/30/09 Approved by City Manager: Date: City Council Action: [ ] Approved as Recommended Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral City Council Agenda Form Council Meeting Date: April 07, 2009 Subject: Replat of Lot #10, Block 14 of Avon -by -the -Sea; Resolution No. 2009-07 Department: Community Development Department Summary: Mr. Dan Coon has submitted a preliminary plat to replat Lot 10, Block 14 of Avon -by -the -Sea into two town home lots. Lot 9 and Lot 10 of Block 14 are currently combined to form one single family lot. A single family residence is located on Lot 9. It faces west and is addressed as 8002 Poinsetta Avenue. Lot 10 is currently the backyard to the residence and was formerly the location for a pool. The pool has been removed and the owner wants to separate Lot 10 from Lot 9, and replat Lot 10 into two townhome lots. While Lots 9 & 10 are combined by deed, they were never replatted as one lot, and therefore continue to be two separately platted nonconforming lots. Therefore, Lot 10 can be replatted as requested. The replat has been reviewed by Planning, the Fire Dept., Public Works, and the City Surveyor. The surveyor's comments have been addressed and are reflected in the version of the preliminary plat you have in your packet. The title opinion is not required until final plat. Staff recommends approval of the preliminary plat. The Planning and Zoning Board reviewed the requested replat at its March 25, 2009 meeting and recommended approval. m Requested Council Action: Approve the requested relat of Lot 10, Block 14 Avon -by - the -Sea. Financial Impact: none Attachments: ❑ Supporting Documents Reviewed_..._..............................mm.... P&Z Board recommendation; Application; Staff review comments; Resolution No. 2009- 07. Submitting Department Head: Barry Brown Date: March 31, 2009 Approved by City Manager: Date:���� City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2009-07 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE PRELIMINARY REPLAT OF "CARIBBEAN VISTAS TOWNHOMES"; AUTHORIZING THE MAYOR TO EXECUTE THE PRELIMINARY REPLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Daniel M. & Kathleen R. Coon, complied with the re -platting procedures of the City of Cape Canaveral, Florida. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Preliminary Replat of Caribbean Vistas Townhomes, Section 23, Township 24 South, Range 37 East, Avon -by -the -Sea, Lot 10, Block 14 is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said Preliminary Replat. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 71h day of April, 2009. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney Date: March 31, 2009 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Susan L. Chapman, Secretary, Planning & Zoning Board Re: Recommendation to City Council Caribbean Vistas Townhomes Preliminary Replat At the Planning & Zoning Board meeting, held on March 25, 2009, by unanimous vote, the Board recommended approval of the above referenced Preliminary Replat to the City Council. Please schedule this Preliminary Replat for the next City Council meeting agenda. APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: ' ,'NOTE: SUBIIITTAL MUST BE SUBNETTED A I MIMYMM OF 30 DAYS PRIOR TO ME PLANI\TP G & ZONING NEEETNG; PLAT MUST MEET THE REQUHMNIENTS DF SECTION 98-41 THROUGH 98-62). :S T11IS A RELLDN PLA RErPLA , OR. FINAL PLAT? LMOUI T OF EM G FEE PAID: $ E39. �J O LMOUN-T OF- ENGNEERTNG DEPOSIT PAID : S rl bC> . C) 0 )ID BRE,VARD COLNTY,_ E.S GEOGRAPHIC REARCH--DIVI.SIO�APPRO-i�E-THE---_-,-_--- '.µ_._ ;EQTTEST FOR STREET IYAA,11 , IF APPLICABLE? MOTE:THI NEEDS TO BE )Ov�1O PRR TO SUBMITTAL). YES NO N.A. Car' bbeD-n ROJECT NA.7VLE• ROTECT ADDRESS:—i�-,adf &r, �O T %o oLloG ,E GAL DESCRIPTION: `V NER(S) NAME.- D A Al �L � kA� WINTR(S) ADDRESS: ROJECTARCBITECTiE-'GLS.-EER: r I PU ld ELL HONNE NO. OF ARCHJTECTfE GLYEER: PPLICA.NT(S) SIGNATURE: 4�1 It �-- OFr��R/AGENT ZONE NUNMER OF OWi\c-ER)A.GEN,-T:---- r N LOT 2, BLOCK 14 S88° 07'04"W 50.03 (MEAS) (PLS 2787) 50' (PLAT) (UNMARKED) W B 5ET •5 REBAR FOUND •5 REBAR --- --- --- ---- p o 0.73' I I 0 S i z I p TOT LOT I z x o I o O a 1 -o m �D IJ I rn O T1 3.36 32.1 KNEE -WALL I 3 I A � I O z o o : c LID 00 � O oz I z a O a n nr. a r rr-1 o m O -- rn n � w r a I , •, -4 w 0 1 rn n I A 0 I M ( N c � r r � LA z r�� o 14.45 m 32,1 I 0 _ N U, 3.30 j O rs 1 I C)CI _ z (PL�2787) rn m SET x m f CHAIN LINK FENCE FOUND •5 REBAR LIGHT POLE (UNMARKED) S88° 01'19"W 50.10 (MEAS) 50' (PLAT) .n miAmi CURB MADISON AVENUE --------(48 FOOT PUBLIC RIGHT-OF-WAY) PLAT OF SURVEY PREPARED FOR AND CERTIFIED TO: DANIEL M. & KATHLEEN R. COON C/O ALL SHORES CONSTRUCTION & SUPPLY, INC. LOT 10, BLOCK 14, AVON -BY -THE SEA, ACCORDING TO THE PLAT THEREOF AS RECOROED IN PLAT BOOK 3, PAGE 7 OF THE PUBLIC RECORDS OF SREVARD COUNTY, FLORIDA. LEGEND 0 FOUND 4' X 4' CONCRETE MONUMENT O FDUND •5 REBAR la WATER METER OO STORM MANHOLE 8 SET 4' X 4' CONCRETE MONUMENT NL AI 0 SET 05 REBAR (M) MEASURED 0 FOUND NAIL 8 DISC U-16ed/taay lu:oG dtl-m-1-lana tr.ALri MAJ-1-'INU 0 �Ar(A vti.t '4 -,CR -/ A&R o W/V LOT (. SLOO( la I -'ALL al g(8.i2�-7 MAD_ ISDN_ AVENUE- _ _ _ _ ___ _,_._,_._--- --..._._._._._._._._ --- -•^j4B FOOT PLOX RICHT oC-w�Y) PLAT OF SURVEY PREPARED FOR AND CERTIFIED TO: DANIEL K & KATHLEEN R. COON C/O ALL SHORES CONSTRUCTION & SUPPLY. INC, LOTS 9 AND 10. BLOCK 14, AVON- BY- THE SEA. ACCORDI NG TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3. PAGE 7 OF THE PUBLIC RECORDS OF BREVARO CDUNTY, FLORIDA. LEGEND 0 FOUND 4' X (' CONCRETE MONUMENT O FOUND 15 REBAR to NATER METER ® STORM GROIN MY(NHOLE ■ SET 4• X 4' CONCRETE MONUMENT ■ SET •5 REBAR I K MEASURED f'OUNO NAIL l O(SC 0 PERMANENT PyFERENCE MARX ` POWER POLE IPI PIAT X[ LIGHT POLE IMPROVEMENT SURVEY 06,105 IVE" 1I.I5.06 NO ENCROACHMENTS NOTED AT TIME OF SURVEY, NOT VALID WITHOUT SURVEYOR'S IMPRESSION SEAL. BEARINGS REFER TO THE NORTHERLY RIGHT-OF-WAY LINE OF M OI SON AVENUE BEARING N88' 01 ' s 9' E (PUBLISHED DATA BY STATE OF FLORIDA DEPARTMENT OF TRANSPORATION)- THE SURVEY OEI'I CTED HEREON IS TRUE AND OATEt BEACH MAPPING MEETS THE MIN NUM TECHNICAL STANDARDS 11.15.06 AND ACCORDING TO CHAPTER 61GI7-6, FLORIDA ADM1 NI STRATI VC COOK PURSUANT TO FLORIDA SCALEt SURVEYING STATUTES 177 AND 472. 1' . 30' 6010 N. ATLANTIC AVE. SUITE 12 SHLEY 1 P.O. BOX 542 WK V. POWELL P.L.S. N0. 2707 108 NO. : CAPE CANAVERAL, FLORIDA 32920 STATE OF FLORIDA 06-105 PHONE (3211783-4174 FAX (321)783-1038 03/20/2009 10:52 321-783-1058 BEACH MAPPING PAGE 02 Return W auilAthm6c'nUe ga0��5 925 N- Courteney Pkwy., Suite 25 MsrrI t Island, FL 32953 10-28- Cak:9BZ�15 GR eon•: 4080 12774 rd Ssndfr Cr°° property jVpraisera Parcel No: GW%ofc u Brw� 24-17-23-CCi-14-9epys; t ,j m 3 (LogGrantee f a'• Social Security No. T"t 1.00 F MOOD 971'0 aA o,aa 7=9 fWmUnY DKW made this 15TH day of OCTOBER , 1999 by RSLEN PET'.t03RT, A SINMX PERSON hereinaft•!�r called Grantor. to DANIEL M. COON AND TATHLESN R. COON, MMBAND AND WIFE hereinafter called Grantee, and whose post office address is: 8002 POINSEM AVWZ, CAFE CANAVERAL, FLORIDA 32920 RITMBBzr'Hr That the Grantor, for and is consideration of the sum of $10.00 and other valuable considerations, receipt whereof is haraby acknowledged, hereby bargains, cella, aliens, remises, releasee, aaaveyo and confirms unto the Grantee all that certain land situate is 9REVARD County, Florida, via; Lots 9 and 10, Block 14, AVON -DY -TEM -M. according to the plat thsreef recorded iu Flat Book 3, Page 7, of the Public Records of BREVARD County, Plorida. To=yxm with all the tenamests, hereditaments and appurtenance& therate, belonging or in any rise appertaining. To ID.V! A" TO HOLD , the name in fee simple forever. AM the Grantor hereby Covenants with said Grantee that the Grantor is lawfully seized of said land in fee eirtVle� that the Grantor has good right and lawful authority to sell and convey said land and hereby warrants the title to said lane. and will da£end the name against the lawful claims o1 all persons whomso- a-er, ant. that the land is free of all ancumbreaees, except tacos for the curTetit year and subasgent years, restrictions, liv+itations, covenants, and easements of record, if any. Witneesed byr (LS) HELM PETROSKI Address: 2024 N. P1$'MIAL PKWY., 11-8 ri1 nfe3ffype name oabove witness. SIU, AL 35810 (LE) C1titryld. L9r1QB AAddresa: 1n a ype name ot ove w1 ess State of rLORIDA County of BREVARD rb& foregoing instrument Gas aeknQwledged before me thin ).5TH day o1 OCTOBU , 1999 by HELEN PrrR05ri, A SINGLE PERSON who 18/are personally kno. to me or who has/have produced DRlvzRE LIC33NSEB as Iden ti l,�pal! yi . � r _ b ti r Notary Publio lviis Typo/print name of V.ry' i ray commission expiresr This ins 0— by: TINA h. FGRNARI an Employee of C-ULFATLAtTz �rA ��\\ 925 N. Courtenay Parkway, Suite #29 �� Merritt Island, plorida 1 32.953 MEMORANDUM TO: Barry Brown. Planning & Development Director FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: 03/06/09 RE: Preliminary Replat — Caribbean Vistas Public Works has reviewed the preliminary replat for the referenced property and has no comments. Page 1 of 1 Susan Chapman From: John Cunningham Gcunningham@ccvfd.orgj Sent: Monday, March 09, 2009 12:58 PM To: Susan Chapman Subject: Re: Caribbean Vistas Susan, I have reviewed the Preliminary re plat and have no comments at this time Under Florida Statute 668.6076, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This message contains information which may be privileged, confidential, or otherwise protected from disclosure and is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender by reply e- mail and destroy the original message and all copies. Messages sent to and from us may be monitored. (v.le) 03/10/2009 SSA March 9, 2009 Ms. Susan Chapman Administrative Assistant Community Development Department City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE: Preliminary Plat Review — Caribbean Vistas - Review #1 SSA Job No. 05-0025, Task 063.1003 Dear Ms. Chapman: SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, additional information is required. The Title Opinion was not included in this review; the Opinion must be review by SSA prior to recording of the plat. We have attached a marked up drawing for your use. This revie�i does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Si David Ray J nes, PLS Chief Surveyor DRJ-ils Cc: files City Engineer's Review Fee For Review #1 - $500.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2^d review will be billed at $95.00 per hour. ST01TUR STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8684 North Adanlc Avenue P. O. Box 2630 Cape Canaveral, Florida 32920 TO 321.783.1320 Fax 321.783.7065 pWS002,906J-INI canbbea'svisLUPre PiatrevieW 1.d0C lic, #AAC000329 OEB0004762 #LB0006700 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: April 7, 2009 Subject: Paveway Systems(STS) _.. Color and Design .,.,... STS n Choices Department: Public Works Summa The Beautication Board at their March 12 2009 Meeting reviewed the color and design choices for the Crosswalk area of Central Blvd. and N. Atlantic Ave. The following are their top (3) choices for consideration. Design- Herringbone Colors- #1 Burnt Red #2 Tile Red #3 Medium Brown Requested Council Action: Recommend the Approval of the Beautification recommendations of Color and Design Choices Financial Impact: County Budget Attachments: Xo Supporting Documents Reviewed Submitt"ng Dartment BeWt � .. _e p _��.� ad: ...._aie Ban, dish ..._._. Date:31301119 Approved by City Manager: Date: City Council Action, �.....,...._m, Approved as Recommended�[j Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral City Council Agenda Form City Council Meeting Date: April 7, 2009 _.............................................. Subject: Structural Engineering Fees Central Ditch Stormwater Improvement Project — South Portion Department: Public Works Summary: The City of Cape Canaveral (City) has elected to perform flood control repairs to the infrastructure along West Central Boulevard. The improvements include repairs to area sidewalks, stormwater pipes, and headwalls. Flooding during Tropical Storm Fay indicated that the stormwater pipe from the east that flows into the Central Ditch experienced low stormwater flow. Therefore, the City proposes to re -orient this discharge pipe to improve stormwater flow in the Central Ditch (see attached figure for detailed scope of work). In order to construct a new headwall for the discharge pipe, structural engineering tasks are required. Stottler Stagg & Associates (SSA), the City's civil engineering firm for this project, has submitted a cost estimate for $6,000 to contract with a structural engineering firm — SSA does not maintain a structural engineer on staff. Requested Council Action: Recommend the approval of additional funds ($6,000) to SSAmm m for contracting with a structural engineering firm for the Central Ditch Stormwater Improvement Project — South Portion. Funds are currently available from the City's Stormwater Fund (403- 018-538-631001). Financial Impact: $6,000 increase in project fees for a _. dditional subcontractor support —total engineering fees of $26,900 for project design/permitting/bid documents preparation/ construction support. The estimated construction costs are between $100,000 and $125,000. Attachments: X Supporting Documents Reviewed � Submitting Department Head: Walter Bandish J Date: 03/30/09 Approved by City Manager. -y;,� date: . City Council Action: roved �[ [ ] pp as Recommended ]Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain -f- T7 C CISY m m OS C en (M C_ C X m y -r- co c O_ m C CU N N co d 3 0- m 22 m co t 3 °D c o N N U� m OL - d E N '- d O r C m 7 c O A T w w 7 m N L Y C m 5 C: c m L U O N m U) Z 01/2}/2009 Y5;'do 3217837055 STOTTER STAGE & ASSC PAGE 01/01 SSA Notification of Additional Services Date_ January 16, 2009 SSAProjectNo.-.: FO7-(039 Project Name: South Canaveral Drainage y of Cpe Canaveral !Requested ±-,;:Ij'cff Ratliff Requested Service: In order to prevent flooding of the ditch to the north of Central, the client has requested that an energy dissipater to be incorporated into the design of the project for the elliptical pipe to the east of the ditch south ofCcntral Blvd_ Due to site restraints, the energy dissipater must be incorporated into the headwall design; which, along with the complexity of the headwall design, will require a structural engineer to design the headwall. The additional services include the structural design of the replacement headwall south of Central Blvd and associated gentechnical testing and recommendations. G Requested Service Taken Ry; Audrew Adams, PF SSA Method of Billing Additional Services: A lump sump o116,000.00. Fee includes printing of five (5) sets of construction drawings. Client Telephone No.: 321.-868-1242 Client Fax No.: 321-868�233 Additional services can only be processed with your signed approval below. No work will start until signed Notification of Additional Services is received by SSA. APPROVCD BY: DATE! S nTJIZR STAGG & ASSOCIATES ARCHnECTS ENGINEERS PLANNERS, INC A680 Nord Afllanuc Armme P. 0. &n 1630 Gape Cru"crat Mori&, $2920 TN 921-7614320 Fait $2)•7837065 Snulli Cvwcml Droinage 1.16-09.dnc I.ie.#AACMMX4 o6B0CWM q[R004 M City of Cape Canaveral City Council Agenda Form City Council Meeting Date: April 7, 2009 .......... Subject: Annual Evaluation of the City Manager Department: Legislative Summary: Conduct an annual evaluation of the City Manager as outlined within the attached employment agreement. .............. ........... Requested Council Act' .. . _ ..... .... son: City Council and City Manager define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of the City Council's policy objectives. Establish a priority of the goals and objectives. Financial Impact: N/A Attachments: xa Supporting Documents Reviewed �WW 03/30/09 memo; evaluation form; employment agreement Submitting Department Head: Date: !-, Approved by City Manager: -M j Date: City Council Action: jp ve - ecommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-nt*imlmydocuments\adminlcounallmeetmg12009UU4-0 i-mevaivation.doc Memo To: Mayor and City Council Members From: Bennett Boucher, City Man a CC: Susan Stills, City Clerk Date: 3/30/2009 Re: Annual City Manager Evaluation The attached City Manager Evaluation fonn is taken from the International City Managers Association. There are nine (9) evaluation categories for you to score on a scale of 1 to 5 with one being poor and five being excellent. There is also space available for comments. Pursuant to Section (3) of my employment agreement with the City, (a) The City Council shall review and evaluate the performance of the Employee at least once annually, on the anniversary of this agreement. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Further, the City Council shall provide the Employee with a written statement summarizing its findings and providing an adequate opportunity for the Employee to discuss his evaluation with the City Council. (b) At least Annually in the month of the anniversary of this agreement, the City Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of the City Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. Please fill out the attached form, and schedule a meeting with me at your convenience. This item was requested to be scheduled for the 4-7-09 City Council meeting. CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/0" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher 9-16-08 City Manager - Name Evaluation Due Date Organizational Management 1. Plans and organizes work that implements the policies of the City Council. L� 2. Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations. Comments: Fiscal Management 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. 2. Administers the adopted budget within approved revenues and expenditures. City Manager Evaluation 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. J 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. Comments: Planning 1. Establishes a process of planning in anticipation of future needsI and problems. 2. Participates in the establishment of reasonable goals/objectives for the City and each of its Departments. 3. Achieves goals/objectives, which are the direct responsibility of the City Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives. Comments: Staffing 1. Recruits and retainsualified Department Heads. q P 2. Initiates corrective action to improve employee job performance, when needed. 3. Effectively manages personnel issues including employee 1 insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. 2 City Manager Evaluation Comments: Supervision 1. Encourages Department Heads to make decisions within their own jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasize .................................. support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. Comments: Relations with Council 1. Responds to requests for information or assistance by the Council J and/or by individual Council Members. 2. Adequately informs the Council of current issues. 3. Accepts and responds to constructive criticism and advice. ......................... 4. Carries out the directives of the Council as a whole, rather than those of any individual Council Member. 5. Assumes responsibility for staff performance. 7-1 Comments: 3 City Manager Evaluation Reporting 1. Provides the Council with reports concerning matters of importance to the City. 2. Reports are accurate and comprehensive. 3. Reports are generally produced through own initiative, as well as ❑ when requested by Council. Comments: Citizen and Intergovernmental Relations . ............................... 1. Handles citizens' complaints and questions in a professional and JI prompt manner. 2. Willingness to meet with members of the community and discuss ................................ issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open �I communications with other municipalities in areas that may affect or relate to the City. Comments: Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in [ the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. ❑ 4 City Manager Evaluation 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic I� groups/organizations. I Comments: Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments; 3. Two things that the Manager does now that I would most like him to continue: a. City Manager Evaluation ii 4. Two things that the Manager does now that I would most like him to discontinue: a. b. 5. Two things that the Manager does not do now that I would most like him to do: a. b. Name and Title of Person Performing Evaluation Date AGREEMENT THIS AGREEMENT, made and entered into this 19th day of September, 1995, by and between the City of Cape Canaveral, Florida, a municipal corporation, bereinafter called "Employer," as party of the first part, and Bennett C. Boucher, hereinafter called "Employee," as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, the City Council of the City of Cape Canaveral (hereinafter "City Council") desires to employ the services of Employee as City Manager of the City of Cape Canaveral pursuant to the terms and conditions of its Charter, Code of Ordinances and the terms set forth herein, and WHEREAS, it is the desire of the City Council to provide and establish certain benefits, establish certain conditions of employment and to set working conditions of said Employee, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: PI V161 a !►Ei' • 1 ►M_ :_ Employer hereby agrees to employ said Bennett C_ Boucher as City Manager of said Employer for an indefinite term and to perform the functions and duties specified in Article VI of the City Charter and by Section 2-101 of the City Code of Ordinances, and to perform other legally permissible and proper duties and functions as the City Council shall from time to tirne assign. (a) Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of S 4 58. 00.00, payable in installments at the same time as other employees of the Employer are paid. Provided, however, the parties agree that the Employee shall not receive the 1995 cost of living payable in the month of October. (b) The Employee shall be granted the same across-the-board salary increases and shall be entitled to the same fringe benefits as non-union general employees. Merit increases shall be granted at the discretion of the Employer, Page - 1 (c) Employer shall not reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. ECTION 3. PERFORMANCE EVALUATION (a) The City Council shall review and evaluate the performance of the Employee at least once annually, on the anniversary of this agreement. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Further, the City Council shall provide the Employee with a written statement summarizing its findings and providing an adequate opportunity for the Employee to discuss his evaluation with the City Council. (b) At least Annually in the month of the anniversary of this agreement, the City Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of the City Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. 61 K" I MW M OJ &I WMKOHIM 0 M1 OEM WOMEN MOMAN4 (a) In the event Employee is terminated by the City Council during such time that Employee is willing and able to perform his duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to four 4) months aggregate salary; provided, however, that in the event Employee is terminated because of his conviction of a felony or conviction of an ethics violation, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. In any event of such termination, the Employee shall receive payment for all unused vacation and accrued sick leave in accordance with city policy in effect at that time. (b) In the event the Employee voluntarily resigns his position with the City, he shall give the City sixty (60) days written notice in advance, unless the parties agree otherwise. In this event the Employee shall only receive payment for all unused vacation and accrued sick leave in accordance with city policy in effect at that time, and there shall be no severance pay. • MM • ' `• • (a) The text herein shall constitute the entire agreement between the parties. (b) This agreement shall be binding upon and inure to the benefit of the heirs at taw and executors of Employee. Page - 2 (c) This agreement shall become effective commencing September 19,1995. (d) Upon execution of this agreement by the Employer, Employee agrees to waive claim to the four month severance provision in the prior agreement executed on February 16, 1993 which Employee was lawfully entitled to due to the City Council action of September 5,1995. Provided, however, that this waiver shall not be construed as a waiver of entitlement to any benefit or claim other than severance now existing or hereafter arising. (e) Employer agrees that there shall be no lapse in tenure with regard to benefits that would accrue to Employee. (0 Employer agrees to grant Employee paid vacation from September 6,1995 to October 2,1995 from the Employee's presently accrued vacation. (g) If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Cape Canaveral has caused this agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written - /'Jo K. Porter, Mayor City of Cape Canaveral State of Florida ATTEST: San O. Sims, City Clerk ....• '� • - TOFORM: • CAttomey Page - ; �Mployvee