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HomeMy WebLinkAboutMinutes 07-19-2011 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY July 19, 2011 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese Planning and Development Director Barry Brown Brevard County Sheriff Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham City Treasurer Andrea Bowers City Clerk Angela Apperson PRESENTATION: Presentation of 2011 Summer Quarter Beautification Award for Commercial Property within the City of Cape Canaveral: Pat Miner explained the purpose of the award to IAP World Wide Services. No one was present to receive the Award. REPORTS: None AUDIENCE TO BE HEARD: None CONSENT AGENDA: City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2011 Page 2 of 5 Mayor Randels read the titles of the items into the record and inquired if any items are to be removed from the Consent Agenda for discussion. Mr. Leo Nicholas requested Item #3 be removed for discussion. 1. Approve Minutes for Special City Council Meeting of June 7, 2011 and the Regular City Council Meeting of June 21, 2011: 2. Approve an amendment to the Solid Waste Agreement with Waste Pro of Florida, Inc.: 3. Award contract for Commercial Beach Mobile Cart Vending Service Operation Franchise for Food and Non - Alcoholic Beverages to H2O High Waterline Services, Inc.; ensure consistency /compliance with Ordinance requirements; and authorize the City Manager to sign contract for same, without need for further City Council approval: A motion was made by Council Member Petsos, seconded by Council Member Walsh, to approve Consent Agenda Item Nos. 1 & 2. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. Item #3 — Mr. Nicholas asked if this was the third vendor approved for Beach Vending. City Manager Greene indicated this is the second award, as H20's prior award was not completed. A motion was made by Council Member Morgan, seconded by Mayor Pro Tem Hoog, to approve Consent Item No. 3. The motion carried 4 -1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, Against; Mayor Randels, For; and Ms. Walsh, For. RESOLUTION: 4. Resolution 2011 -11, adopting a tentative proposed millage rate for the levy of ad valorem taxes for Fiscal Year 2011/2012 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: Mayor Randels explained the importance of this Resolution. He referenced the Five Year Capital Improvement Plan and explained the large expenditures being proposed. He urged Council to use the Roll Back Rate of 4.6757 mills. Attorney Garganese read the title of the Resolution into record and explained the Resolution sets the rate that will be used for the notices to the property owners; two additional public hearings will be held in September. He noted the Council cannot exceed the rate used in this Resolution unless additional notices are sent to the property owners. The proposal to use the Roll Back Rate was discussed and was not supported by the remaining members of the City Council. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Resolution 2011 -11. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. ORDINANCE: First Public Hearing: City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2011 Page 3 of 5 5. Ordinance No. 05 -2011, granting to Florida Power & Light Company, its successors and assigns, an Electric Franchise, imposing provisions and conditions relating thereto, providing for monthly payments to the City; providing for the repeal of prior inconsistent Ordinances and Resolutions, providing for qualified severability, providing for incorporation into Appendix "A" of the City Code, and providing for an effective date: Attorney Garganese read the title of the Ordinance into the record and indicated the City Manager and he negotiated a 30 year agreement. Council Members' comments /concerns included: the rates of FPL vs other providers in the state; removal of stub poles; repair of street lights and poles that are leaning. Mr. Sandy Sanderson responded to the concerns and explained there are 55 entities providing power and FPL has the lowest rates. He explained when a new pole is needed, FPL installs one, moves over their own wires; however the other utilities (cable and telephone) remain until the other lines can be moved. FPL will come back and remove the remaining portion of the pole. During the length of the agreement, the City is agreeing not to start an electrical utility; however, there is nothing in the contract that prohibits anyone from using technology such as solar energy and excess power could be sold back to them. Mr. Sanderson reviewed the procedure changes for street light repairs, which were previously a part of the operational repairs section. Approximately 18 months ago, a separate department was created to concentrate on the repairs within five to seven business days from the time FPL is notified. He expressed sometimes lights go unreported and will remain out for a considerable length of time He encouraged residents to report street light outages directly to FPL either via their website or by phone using the number in the phone book. City Staff is to add how to report a streetlight outage to the City Website. A motion was made by Council Member Petsos, seconded by Council Member Morgan, for approval of Ordinance 05 -2011. The public hearing was opened. No comments were received and the public hearing was closed. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. DISCUSSION: 6. Approve Contract Task Order #1 with Raftelis Financial Consultants, Inc. for Wastewater Rate Sufficiency Study (Wastewater User Rate Review): Council concerns or comments included: the use of professionals to correct the rate structure; the prior comments related to the disproportionate rates between commercial and residential customers; the past work to ensure the rates support the expenditures; whether reclaimed water would be studied as well and whether to charge for reclaimed water as well. Mr. Tom Hermansen and Mr. Roger Dobson spoke in favor of the study and hoped the inequities in the current system are corrected. Mr. Greene indicated this study will include reclaimed water and will be provided to the City Council with enough time to review, prior to adoption. A motion was made by Council Member Walsh, seconded by Council Member Petsos, for approval. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2011 Page 4 of 5 7. Approve implementation of the Parking Meter program at each Presidential street beach end and at the beach end in Harbor Heights, including identified support systems and making the meter system purchase utilizing the Ft. Lauderdale contract with Digital Payment Technologies Corp.: Discussion of the proposed program ensued and included: whether a no cost pass will be available for residents and whether more than one pass will be issued to those who have more than one vehicle; the fees /costs for use of the parking facilities; the type, cost, use and maintenance of a golf cart; the use of the Sheriff's Department personnel for enforcement; the lease and maintenance of the meters; that people will park in the private parking lots of the Condominiums, as well as along the rights of way, to avoid paying for parking. City Manager Greene indicated a fee will be set for the parking pass and the City would recognize that property owners pay taxes toward the service. A payment would be made from the General Fund to the Parking Meter Fund on behalf of the property owner for the pass. He indicated this will meet the grant conditions. Mr. Greene indicated an Ordinance will be presented to establish the fees and charges for the program. Finance Director Bowers explained more research will be done before a golf cart is purchased. She felt the use of a golf cart would be efficient for travel, especially during very busy times. She explained the COP's would be used to augment the enforcement program and staff members would be hired to perform the enforcement activities. Commander Moros explained the COP's are reluctant to perform the enforcement activities. Mr. Greene indicated the meters would be purchased outright with General Funds and then repaid by the Parking Meter Fund. Ms. Bowers noted private properties would have to post the properties and indicate unauthorized vehicles will be towed, just as they have to do now. A motion was made by Council Member Petsos, seconded by Council Member Morgan, for approval. The discussion continued and included: the position of the City Attorney on the proposed parking pass; a letter from FDEP indicating the transfer of monies from the General Fund to the Parking Meter Fund is acceptable to the state; that the ordinance would clarify the definition of a resident and who would qualify for a parking pass; and the goal of the program is to have those who use the beach pay to support those activities. Mr. Leo Nicholas requested clarification if meters would be installed at Cherie Down Park. Ms. Bowers indicate the park is not owned by the City and they would not be installed at the park. Ms. Arleen Dewitt expressed resentment over having to pay for parking or obtaining a parking pass. She voiced concern over the capital outlay of one quarter of a million dollars for this project and didn't want to see Cape Canaveral become a mini Cocoa Beach. Ms. Shannon Roberts expressed concerns that paying for parking removes the openness of the community. She urged Council to find other revenue sources instead of the parking meter program. Additional Council Member comments were received. The motion carried 3 -2 with voting as follows: Mayor Pro Tem Hoog, Against; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, Against; and Ms. Walsh, For. 8. Ratify the Composite City Manager Performance Evaluation and discussion /determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager David Greene. Mayor Randels explained the process used to evaluate the City City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2011 Page 5 of 5 Manager's performance included a self - evaluation performed by the City Manager; individual reviews by each Council Member and the creation of a Composite Evaluation. He read section 2 of the employment agreement. A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Walsh, for ratification of the Composite Evaluation. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. Council Member Morgan began the discussion of Section 2 of the Employment Agreement by expressing his preference for a merit increase or a bonus /reward rather than an increase in salary. Council Member Petsos noted his desire to reward the performance, but to keep in mind the difficult times. He stated the City Manager is doing a fantastic job, but was reluctant to offer a substantial amount. Council Member Walsh asked to clarify whether this was a merit increase, which would increase the base pay, or a bonus. Council Member Morgan stated he wanted it to be a bonus, not a salary increase. He suggested the bonus be given in installments; one now, one in four months and the final four months later in the amount of $20,000. Council Member Hoog suggested the amount should be $21,000, which would be 7,000 for each installment. Council Member Walsh and Attorney Garganese clarified the installments would be immediately (retro- active for June contract anniversary), October and February 2012. Mayor Randels advocated for a merit raise or increase in salary, as the salary is well below what is paid by other Cities and then a percentage payment would be made into the retirement account. There was no agreement by the other Council Members. City Manager Greene expressed his appreciation of the City Council's recognition of his performance and thanked them for the bonus being considered. Council Member Petsos stated his concerns that a 20+ percent increase was too much when the rest of the employees received a maximum of 1.5 %; however, he did want to go on record as supporting a bonus to reward the excellent performance. (Council Member Petsos left the meeting at 8:32 p.m., as he needed to return to work.) Mayor Pro Tem Hoog noted the new budget contains funding for a formal Salary and Benefits Study; the City Manager's salary could be included in the study and other adjustments made in the future. A motion was made by Council Member Morgan, seconded by Mayor Pro Tem Hoog, that we give a bonus in the amount of $21,000.00 broken down as we previously discussed. The motion carried 4 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, Absent; Mayor Randels, For; and Ms. Walsh, For. REPORTS: 9. Council: None ADJOURNMENT: There being no further busisness, the Meeting adjourned at 8:36 P.M. Angela M. Apperson, MMC, City Clerk Rocky Randels, MAYOR SEAL of Cape Canaveral, Florida