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HomeMy WebLinkAboutMinutes 02-17-2009CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 17, 2009 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Mayor Council Member Council Member Others Present: City Manager City Attorney City Clerk City Treasurer Public Works Director Assistant Public Works Director Planning and Zoning Director Acting Building Official PRESENTATION: 7.05 p.m. — 7.20 p.m School Budget and Funding Issues Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Walter Bandish Jeff Ratliff Barry Brown Dennis Clements Ms. Kelli Dufresne, Cape View Elementary School Principal, addressed the Council related to the Brevard County Schools potential school cuts. Ms. Dufresne spoke on an article in Florida Today announcing Cape View Elementary as a school set for closing. Since that time, Dr. DiPatri has released the potential budget cuts for the 2009/ 2010 school year and, again, Cape View Elementary School was listed as were all schools under 500 students. City of Cape Canaveral, Florida City Council Regular Meeting February 17, 2009 Page 2 of 14 Ms. Dufresne also reported on 946 potential District positions cuts. She asked that the City Council participate in the February 23rd Town Hall Meeting and to also support by writing Legislators. Ms. Dufresne stated that the potential budget cuts would impact personnel, programs, and students. Ms. Dufresne stated that Cape View was asked to reduce its Budget by 25 percent this year and again by 12 percent in the coming year. She emphasized the importance of participating in the Town Hall Meeting on Tuesday, February 23rd at the Maxwell C. King Center. Cape View anticipated 44 representatives. Ms. Dufresne referred to the potential cuts noted in her handout. The handout reported that the student enrollment was below 750 students; therefore they would lose 2 teachers as well as either a Physical Education, Art, Music or the Media class. Ms. Dufresne noted the impact of cutting the LEGO and Robotics program. Ms. Dufresne stated that Cape View was one of seven schools anticipated to receive the Sunshine Standards for Technology upgrades. However, the cost of this for the seven schools was $1.5 million and Cape View would lose that upgrade also. The Legislative session begins on March 3rd and ends on May 1 st and no action will be taken by the School Board until the end of the Legislative Session. Ms. Dufresne related Dr. DePatri's concern that the Budget cuts will reduce the Schools standards to mediocre. She stated that the Legislators have a duty to uphold the State Constitution; its education is the duty of the State. Ms. Dufresne noted that contact information for herself and School Board has been provided. Ms. Dufresne replied to Mayor Randels related to technology that every school was on a cycle for the Sunshine Standards. Mayor Randels clarified that her request was for City Council to talk to the State Legislators to find additional revenue. Ms. Dufresne noted that the loopholes were being discussed for use in funding for education. She noted that $44 million was slated in the Economic Stimulus Package for construction, Title I, which Cape View is a Title I school, and Exceptional Education laws. Mr. Petsos expressed the importance of the Council, as community leaders, to seek community support and have residents and businesses write letters. This would be a demonstration of a community working to retain its school. Mr. Tom Garboski asked to know the overall Budget for Cape View Elementary School. Ms. Dufresne replied approximately $134,000; however salaries were provided at the District level, she was speaking of their operating expenses for school supplies, textbooks, etc. Mr. Garboski asked specifically how much the citizens of Cape Canaveral pay in school taxes. Andrea Bowers, City Treasurer, replied that she would seek that information. Mr. Garboski emphasized the need to retain Cape View Elementary School in the community as part of its multi -generational vision. Ms. Dufresne noted that the District numbers had reduced by 17 percent. Ms. Roberts referred to the Federal Stimulus Package and prompted the thought to contact Federal Legislators as well. Ms. Dufresne noted that this was discussed at one of City of Cape Canaveral, Florida City Council Regular Meeting February 17, 2009 Page 3 of 14 the meetings. Ms. Janet Barr, Cape View teacher, parent, and Cape Canaveral resident, emphasized the need for the Legislators to receive an individual, hand-written letter in order not to receive standard responses. Ms. Roberts recommended some bullet points to help parents clarify their points. Ms. Dufresne stated that questions sent to the Brevard County Schools web site would be answered during the course of the Meeting on February 23rd Ms. Roberts requested to have pertinent information placed on the City's web site with the recommended bullet points and contact information to the key officials. Mr. Petsos requested to have the presentation that Cape View did on February 12�' on the web site as well. Ms. Roberts recommended strengthening the relationship with Kennedy Space Center as it relates to Cape View and she would be willing to help with the coordination effort. The City Manager would publish the information that was distributed as well as the recommended bullet points in order to assist with letter creation. Mr. Frank Kuhn asked how many children outside of the district attend Cape View. Ms. Dufresne replied that any child in Cape Canaveral was required to go to Cape View. Ms. Dufresne explained how enrollment was frozen to out -of -district students; however, students could attend a school of choice. Ms. Dufresne replied to Mr. Kuhn that there were no students from Cocoa Beach. She clarified that there were 25 students from other Districts. Mr. Kuhn asked how many students at Cape View Elementary School were children of illegal aliens. Ms. Dufresne responded that parents must show proof of residency. Mr. Kuhn expressed concern that the City was losing children at Cape View Elementary School. In conclusion, Ms. Dufresne and her staff thanked the City Council and, specifically, Mr. Petsos for his assistance. REPORTS: 7:20 p.m. — 7:30 p.m. City Manager • Mr. Boucher announced that the poinsettia plants would be available on a first- come/ first -serve basis outside of the Public Works facility gate. • Mr. Boucher reported that the Sand Sculpting event would not occur through the Brevard Cultural Alliance due to the lack of sponsorship. Mr. Petsos noted that the event was deferred until 2010. • Mr. Boucher reported on discussion of a Cape Canaveral Chapter of the Chamber of Commerce. This is now part of the Chamber's business plan. John Craig of the Business and Cultural Development Board would work with the Chamber to develop this concept. • Mr. Boucher announced a March 3rd Workshop Meeting with the Business and Cultural Development Board and City Council to discuss their roles and responsibilities. City of Cape Canaveral, Florida City Council Regular Meeting February 17, 2009 Page 4 of 14 • Mr. Boucher reported that Brevard County Animal Services requested a Meeting to discuss how to address the peacock issue. The City Manager would convene the Peacock Committee for this discussion. Ms. Roberts requested that this include the feral cat issue. • Mr. Boucher reported on Governor Crist's proposal related to property taxes. This would greatly impact future Budgets. • Mr. Boucher reported that he, City Treasurer, Andrea Bowers, and the Finance Director of City of Cocoa Beach discussed issues with Waste Management, Inc. related to billing and recordkeeping. Mr. Boucher stated that the dumpster rate was a major issue compared to green waste and residential pick-ups. He would request that Mr. Geletko provide a summary to outline what rates they were proposing. Mr. Petsos mentioned the need to negotiate the large recycle containers in order to reduce the price. Mr. Boucher affirmed that this was included in the discussions. • Mr. Boucher reported that the City lost $115,000 of the St. John's River Water Management District grant related to the South Central Ditch due to Budget cuts. Mr. Ratliff conveyed that St. John's was redirecting funds to more critical areas. Mr. Petsos asked about recouping the money expended for the engineering design work. Mr. Boucher stated that he would also anticipate Environment Stimulus Funds. Mr. Boucher reported that eight names were submitted for the Citizens Visioning Committee. He requested to close out the Application process as of 5:00 P.M., Friday, February 20th with the Council's approval. STAFF Public Works Director Mr. Bandish reported the first week of March as the anticipated completion time for the North Atlantic Avenue intersection project. Assistant Public Work Director No report. Acting Building Official • No report. City Treasurer • No report. City Clerk 0 No report. City of Cape Canaveral, Florida City Council Regular Meeting February 17, 2009 Page 5 of 14 City Attorney • Attorney Garganese referred to the Lien at 116 Tyler and stated that Wells Fargo Bank made the $5,000 payment and the Release of the Judgment Lien on the property was subsequently recorded with the Brevard County Clerk of Court. Ms. Roberts asked if there were any developments on the use of the Cape Canaveral Library Meeting Room. Mr. Boucher responded that in the County Manager's absence, he would need to return to this issue. AUDIENCE TO BE HEARD: 7.30 p.m. — 7:45 p.m. • Ms. Savannah Foley, a Senior at Cocoa -Beach Junior/ Senior High School, announced a Spaghetti Dinner at the Elk Lodge for $10 on Thursday, March 5h from 6 P.M. to 8 P.M. to raise funds for Project Graduation. Information will be forwarded for the City web site. Ms. Foley stated that Project Graduation would be held at the Merritt Island Health First Healthplex facility. Mr. Frank Kuhn asked if the City of Cape Canaveral could delegate authority without taking responsibility of that delegation. Attorney Garganese responded that he could not answer such a broad question. Mr. Kuhn then asked if money from one Contract could be used on another Contract. Attorney Garganese responded again that he could not answer such a broad question; however, he would be glad to address specific concerns. Mr. Kuhn then asked if the City had to comply with another Contractor's obligations to a third party. Again, Attorney Garganese stated that he did not know the context of the question. Mr. Kuhn explained how the City of Cape Canaveral has a Contract with the Sheriff's Department. However, the City did not sign any document with the Sheriffs Department Union. However, the Mayor stated to him that the City, under obligation, permits the provisions of the Sheriffs Department Union Contract to prevail. Mr. Kuhn provided this example : under the Union Contract, patrol cars are permitted to be taken home. However, the City does not have a Contract with the Union, but with the Sheriffs Department. The City, therefore, owns the patrol cars, not the County. These vehicles are used to travel to Melbourne, Mims and other areas. Mr. Kuhn stated that the City pays for the gas and mileage. This mileage and gas was being unnecessarily used. Mayor Randels responded that the City signed a Contract that the Sheriffs Department would provide the uniforms and service. Mr. Kuhn contended that the City supplies the uniforms, firearms and the training and he emphasized that the City was paying for their convenience during tough economic times. Mayor Randels explained that the City subscribes to the Sheriffs Contract which permits the officers to take the cars home and provide 24-hour service. Mr. Kuhn requested that the Council review the Contract and address its City of Cape Canaveral, Florida City Council Regular Meeting February 17, 2009 Page 6 of 14 wastefulness. Mr. Kuhn asked how many Deputies were on the night shift patrolling Cape Canaveral. He expressed his concern that the Contract provides for 27 officers; however, if one is out sick the City has to pay for a substitute. Mr. Tom Garboski reported that some of the Officers use these City issued vehicles at off-duty jobs. He asked the City Attorney if an accident occurred with a City -issued vehicle on their off-duty assignment, was the City liable? Mr. Garboski stated that they should use their own vehicle during off-duty times. There was an issue if they were using City -issued vehicles during their off-duty assignments. Officer Terry Bartnik responded that the Sheriff's Department holds the liability insurance on that vehicle. He stated that the City pays one price for a Deputy's position to include the Officer, his salary, and his vehicle as one package. Mr. Kuhn emphasized that the City residents pay the Sheriff's Department for a specific number of Deputies. If the City contracts for 27 Officers, the City should receive that number of Officers. He was told, by the Mayor, that the City has no say except to renew the Contract. In conclusion, Mr. Kuhn expressed his concern that Sheriffs Department personnel were changed without the City's approval and the new Commander was not an obvious presence in the community. • Mr. Leo Nicholas referred to the Sheriffs Quarterly Report and stated that he could not find anything in the report related to any drug activity. The City Manager responded that he would ask if a breakout of activity were possible. Mr. Nicholas stated that he would appreciate some information on a daily basis. • Mr. John Johanson asked about the status of the Florida Power and Light Energy Review program. Mr. Lefever responded that he received an information packet at the Recreation Center which he posted in the lobby. Mr. Boucher stated that an information packet should also arrive at City Hall and the Library. CONSENT AGENDA: 7:45 p.m. — 7:50 p.m. 1. City Council Regular Meeting Minutes of February 3, 2009. Ms. Roberts requested clarification on Page 2 of the Minutes as it related to the new Marketing Video. She recalled discussion to change the map in the marketing video and asked if that were an action. Mr. Boucher replied that he noted all the suggested points but had not had the opportunity to discuss the changes with the video firm. Ms. Roberts asked if the reference of Kennedy Space Center was noted. Mr. Boucher affirmed that it was. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 with Clarification related to the New City of Cape Canaveral, Florida City Council Regular Meeting February 17, 2009 Page 7 of 14 Marketing Video. 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. ORDINANCE: First Public Hearing: 7:50 p.m. — 8:00 p.m. 2. Motion to Approve: Ordinance No. 02-2009; Updates Due to Amendments to the Florida Building Code. Attorney Garganese read Ordinance No. 02-2009 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, BUILDINGS AND BUILDING REGULATIONS, RELATING TO THE FLORIDA BUILDING CODE; PROVIDING FOR UPDATES DUE TO AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. Attorney Garganese stated the intent of this Ordinance is to amend Section 82-5 to adopt the 2007 Edition of the Florida Building Code. Dennis Clements, Acting Building Official, responded to Mr. Garboski that the Florida Building Code was not available at the Library. Mr. Boucher informed that he could access the Code online, or at the City's Community Development Department. There was no further comment. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Ordinance No. 02-2009 at First Reading. 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. CONSIDERATION: 8:00 p.m. — 8:15 p.m. 3. Motion to Approve: Quarterly Budget Report and Transfers for the Period Ending 12-31-08. Andrea Bowers, City Treasurer, addressed the Council and noted the different format. Ms. Roberts asked if there would be a memorandum to provide a narrative. Ms. Bowers pointed out that notations were made throughout the document to indicate where and why any changes were made. Mayor Randels stated that the Local Option Gas Tax decreased by $17,000 and the '/Z Cent Sale Tax decreased by $32,000. Those were the primary adjustments. Ms. Bowers clarified that those two reductions were State recommendations. She stated that all of the Departments reduced spending in anticipation of less revenue. City of Cape Canaveral, Florida City Council Regular Meeting February 17, 2009 Page 8 of 14 Ms. Roberts inquired about implementing a more program organizational -type Budget to address each Department. Ms. Bowers stated that this would occur during the Budget season as Council would review Department's operating status. Ms. Bowers stated that the Budget would arrive in a more project -oriented format. Mayor Randels noted those who contributed toward funding the Recreation Department such as: the Kiwanis Club, the United States Tennis Association, Joyce Hamilton, Security System Specialists, Arthur Berger, and Craig Technologies. These were individuals who donated to help a Department reach its goal. Ms. Bowers commended the City's consistent conservative financial trend. Ms. Walsh informed that she would work with Ms. Bowers to get clarification on some of her footnotes. A motion was made by Ms. Walsh and seconded by Ms. Roberts to Approve Quarterly Budget Report and Transfers for the Period Ending 12-31-08. 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. DISCUSSION: 4. Federal Stimulus Transportation Funds. 8:15 p.m. — 8:30 p.m. Mayor Randels explained how projects submitted had to fit the Federal guidelines and the deadline for submittal is Monday, February 23`d. Mr. Boucher reported that he and Mr. Ratliff met in Viera and the projects meeting Federal guidelines were resurfacing projects. Mr. Boucher identified the City's roads in the Federal Aid System as: Ridgewood Avenue, North Atlantic, Central Blvd, State Road A1A and Washington Avenue. He informed that none of the Brevard County's paving contractors were federally certified; therefore, the County was working to obtain federal contractors to perform resurfacing and thereby take the lead on paving projects. Mr. Petsos stated that currently there was a check for $167,000 for Ridgewood Avenue. Mr. Boucher informed that if funding allocation was short of an objective, cities could use these funds to supplement their project. Mayor Randels inquired about $31,000 for resurfacing Washington Avenue Mr. Ratliff replied that there was some settling subsequent to the sanitary sewer project and this might provide a way to alleviate that project. Mr. Boucher clarified that Contracts were required to meet Federal guidelines. He clarified further how in the past there was no federal funding for local projects; and therefore no need to expend tax dollars to meet a guideline that was not required. Ms. Walsh inquired about using some of the $167,000 set-aside funds for resurfacing Ridgewood Avenue. Mr. Boucher affirmed. Ms. Walsh asked if it were possible to take the funding from Brevard County for the North Atlantic Avenue and West Central Boulevard enhancements and obtain Stimulus Package funding for the re -surfacing. Mr. Boucher clarified Stimulus Package funding required a pre -approved Contract that meets all of the required guidelines and signed by the Florida Department of City of Cape Canaveral, Florida City Council Regular Meeting February 17, 2009 Page 9 of 14 Transportation. Mr. Boucher clarified that funds could not be used for enhancements and per the Agreement with the County, their funding could only apply to resurfacing. Ms. Walsh asked, once the roads become City streets, would they still be eligible for Federal funding? Mr. Boucher affirmed that they were eligible as long as the roadways remain on the Federal Aid System map, the City would be eligible for funding. Mr. Boucher informed that what most cities receive from the Federal government was less than what Brevard County received in gas tax revenue. Mayor Randels informed that what was not identified for use would be made available for use in some other part of the County. Mayor Randels asked about installing mastarms. Mr. Boucher replied that the Federal regulations would still apply. He stated that resurfacing projects comprised most of the list. Mayor Randels asked for clarification if West Central Boulevard were eligible. Mr. Boucher replied that it was not part of the Federal Aid System map. Mr. Boucher suggested installing mastarms at North Atlantic Avenue and Canaveral Blvd. Mayor Pro Tem Hoog stated that he would prefer a traffic signal at Portside Villas and Shorewood Drive. Ms. Roberts expressed her concern with a stop light's impact on the ingress and egress for Shorewood residents due to a stop light. Ms. Walsh noted that gates and operational transponders would inhibit traffic flow. Ms. Roberts asked about working with the Port on the George King Boulevard area. Mr. Boucher replied that Canaveral Port Authority is not eligible for these funds. Mr. Petsos returned to the $167,000 set aside for the Ridgewood Avenue road re- surfacing. Mr. Boucher affirmed that the City could use these funds to add to any Federal funding for a project. Ms. Walsh clarified that the $167,000 was given specifically for paving. Mr. Boucher affirmed. At that moment, Mr. Boucher reported on an E-mail he received related to the Florida Department of Transportation proposed $14 million Brevard County projects list which consisted of major roadways. Mr. Boucher noted that a $5.3 million mastarm replacement for State Road 520 in Merritt Island was on the list. Mr. Ratliff stated that paving would not occur on Ridgewood Avenue in 75 days. Mr. Boucher initiated discussion to identify mastarm projects should funding availability shift in the City's favor due to other cities dropping out of the eligibility status. The following locations were established for mastarm projects: Central Boulevard and State Road AIA; Center Street and Buchanan and Holman Road and State Road Al [McKinley Avenue]. A motion was made by Ms. Roberts and seconded by Mayor Randels to Support the Proposed Transportation Funds as Proposed by the City Manager to Include the Mastarms on State Road AIA and Central Blvd and Center and Buchanan Avenue and Holman Road and State Road AIA [McKinley Avenue]. 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 February 17, 2009 Page 10 of 14 5. City Council Legislation for 2009. 8:30 p.m. — 9:15 p.m. Mr. Boucher clarified that this discussion item would relate to City specific Legislative issues. Ms. Roberts identified the following items as the City Council's priority Legislation issues for 2009: the Tree Ordinance; to complete the Sign Ordinance; review of the City Board's Roles and Responsibilities; the City Personnel Policy update and Council role and responsibility relative to personnel issues; parking on sidewalks; feeding of animals on the sidewalks. Mayor Pro Tem Hoog questioned how the feeding of animals on the sidewalks would be enforced. Ms. Walsh stated that Brevard County permitted feral colonies with a registered person who was required to feed them. Mayor Randels stated that the City adopted the Brevard County Animal Control code. Mayor Pro Tem Hoog expressed his concern with enacting Ordinances that could not be enforced. Mr. Petsos recommended the Tree Ordinance and identifying diseased trees. Mayor Pro Tem Hoog brought up rotating the City Boards Members by using the Alternate Members for one year as regular Board Members. He stated that within a three year span all Board Members would have served as a Regular Member. Mayor Pro Tem Hoog related on how some Alternate Members serve and leave without being heard . Ms. Walsh also recommended the Tree Ordinance and rotating the Board Members, which could be addressed when the Council discusses the Board Roles and Responsibilities. Ms. Walsh asked when the last time the Charter was changed. Mayor Randels informed that any changes to the City Charter required a Referendum vote. Ms. Walsh stated that review of the Charter might become a consideration. Mr. Boucher stated that in most cities this procedure requires convening a Charter Review Committee. There are model charters available for a Committee to review. Mayor Randels asked about the status of changing the Building Fee Schedule. Mr. Boucher pointed out that the Council should complete the Sign Code Ordinance first. Ms. Walsh asked if there were potentially conflicting codes. Mr. Boucher stated that he would solicit Staff for potentially conflicting codes. Ms. Roberts mentioned Ordinances that might need modification as a result of the Visioning process. Ms. Roberts brought up the need to address a Forms Management System during the upcoming Management discussion. This would permit a traceable system related to the City Code and subsequent related procedures. Mr. Boucher clarified the following Legislation [priorities for 2009 Council Review and Action] discussion list: 1) the Sign Code Ordinance, 2) the Tree Ordinance; 3) the Board's Roles and Responsibilities, and 4) the Personnel Policy update. Ms. Roberts included the Charter Review and Ms. Walsh added any conflicting codes. In summary, Council would address these issues and either take action or establish a time for review City of Cape Canaveral, Florida City Council Regular Meeting February 17, 2009 Page 11 of 14 and completion din 2009 or thereafter, and make this part of the City Council's 2009 Master Calendar].". 6. Model Water Conservation Ordinance for Landscape Irrigation. 9:15 p.m. — 9:30 p.m. Mayor Randels reported on these three exemptions to the Landscape Irrigation Schedule: • Discharge of water from water to air conditioning units or other water dependant coolant systems; • Use of water from a reclaimed water system; and • Use of recycled water from wet detention treatment ponds where irrigation is allowed anytime provided the ponds are not augmented from any ground or off- site surface water. Mr. Bandish stated that the City must follow the entire Ordinance and stated further that the City was required to police persons who were on reclaimed water as well as those with private wells. Mayor Pro Tem Hoog asked if the Sheriffs Department or Code Enforcement were required to enforce this under the Civil Citation Program. Attorney Garganese affirmed that it could be enforced in the City Citation manner. Mayor Randels read from the Ordinance in Section 8, Enforcement Officers —" the local government should authorize law enforcement personnel and/or other government staff as the enforcement for the area governed by the Ordinance." Mr. Petsos requested that the City Manager obtain a ruling on the "should" or "shall" language of the Ordinance's provisions and the consequences of failing to enforce it. Ms. Joyce Hamilton asked who would enforce this Ordinance to which she was told Public Works. Mr. Boucher clarified the problem was that those on reuse water were subject to fines. Ms. Hamilton reported that she was given a violation stating that she needed a lock on her hose bib some seven years after her reuse water was installed. Mayor Randels stated that the City Manager would obtain the rules and then Staff would invite someone from St. John's to answer any pertinent questions. REPORTS: 9:30 p.m. — 10:00 p.m. CITY COUNCIL Mayor Rocky Randels • Mayor Randels invited other Council Members to serve as a Census Chairperson, at the Brevard County Government Center, on Tuesday, March 3rd at 10:00 A.M. City of Cape Canaveral, Florida City Council Regular Meeting February 17, 2009 Page 12 of 14 • Mayor Randels recognized Craig Technologies in the Tuesday, February 17tH Business Section of Florida Today. The company opened in Cape Canaveral on Buchanan Avenue in 2007. • Mayor Randels noted House Bill 360 related to the Developmental Regional Impact [DRI] exemption for any County or city with over 1,000 people per square mile. He stated that this would apply to all cities in Brevard County making them exempt from a DRI. • Mayor Randels read a letter that he received from Mr. Jim Kennedy, retired executive of the Kennedy Space Center. Mr. Kennedy now travels as a guest lecturer. • Mayor Randels reported on the success of the Chowder Cook -Off at the Canaveral Port Authority. The first place, second and third place winners were Grill's, Crowne Plaza of Melbourne and Conch Key and Uno's of Merritt Island for their American Apple Crisp. Mr. Petsos mentioned that Uno's sponsors a fundraiser for Project Graduation every Saturday night. • Mayor Randels reported that he asked State Representative Steve Crisafulli to speak at an upcoming City Council Meeting. • Mayor Randels reported that he has been awarded a job with House Representative Bill Posey. Council Member Betty Walsh • Ms. Walsh inquired about the previously mentioned non-matching grant from the Florida Inland Navigation District. Mr. Boucher made note and Staff would follow through on seeking the funding. Mr. John Johanson mentioned dredging out the canal identifying this as an ingress/egress water travel need. • Ms. Walsh reported that she received positive feedback on the results of using the beach rake. • Ms. Walsh asked if there were any further information on the Wachovia Bank Building. Mr. Petsos was still performing research. • Ms. Walsh mentioned the Florida Power and Light project; however, earlier discussion indicated that this was in progress. • Ms. Walsh brought out expanding the City's existing 5 -Year Plan. She stated that this could assist with potential grants and the Federal Stimulus money. Ms. Walsh suggested more detail in the plan to use as a tool to plan forward. Ms. Roberts suggested this as a part of the City Council's Master Calendar. Council Member Shannon Roberts • Ms. Roberts requested the data that the Space Coast Area Transit planed to use for the Cape Canaveral bus shelter benches. • Ms. Roberts mentioned the need for a City Personnel Policy update.. • Ms. Roberts requested enforcement status reports on the Chronic Nuisance and Civil Citation Ordinance Programs and an update on Resort Rentals. • Ms. Roberts asked for a more detailed schedule related to the Visioning process. Ms. Roberts requested to have this on the March 3rd City Council Meeting Agenda. City of Cape Canaveral, Florida City Council Regular Meeting February 17, 2009 Page 13 of 14 • Ms. Roberts requested to discuss Management Improvements as an item for the March 3rd City Council Meeting Agenda. Ms. Roberts also requested to have this item on the Master Calendar as well. • Ms. Roberts requested an Executive Session with the City Attorney. Attomey Garganese stated that Attorney -Client Sessions applied solely to on-going litigation. Ms. Roberts was seeking a process to discuss the City's Human Resource processes. • Ms. Roberts requested that Council address the City Manager's Performance Evaluation which was due in September of 2008 in order to provide Mr. Boucher with beneficial feedback. Council Members Buzz Petsos • Mr. Petsos transferred a note from Mayor Randels from the past Senate Director related to obtaining roads sign to the City Manager. • Mr. Petsos asked if lights in City facilities can be turned out in order to comply to green building concepts. • Mr. Petsos commended Mr. Lefever on the success of the City's community Recreation events. • Mr. Petsos reported that he spoke with the Florida Department of Transportation related to the turn signal on Central Boulevard. They desired to perform a traffic study count while the seasonal visitors are available as well as when cruise terminal ships disembark. • Mr. Petsos commended the volunteers and reported on the successful Sea Oats Planting on Saturday, February 7th. • Mr. Petsos reported on the kick-off meeting for the P.A.L. center. Mayor Pro Tem Bob Hoog • Mayor Pro Tem Hoog requested that Staff identify a building in the City's new marketing video. • Mayor Pro Tem Hoog reported on teenagers loitering at the City Park on Harrison Avenue. Residents have attempted to address the foul language to no avail. Law Enforcement assistance was needed. Mr. Leo Nicholas inquired about the Building Official's separation from employment with the City and expressed his concern with the departure of a critical employee. He asked if the City Manager planned to make comment. Mayor Randels stated that the City Council Members received the City Manager's fact- finding report. Mayor Randels explained that the City Manager had the authority to terminate employees or accept their resignation. Ms. Roberts needed clarification on if each Council Member could ask the City Manager specific questions and return for discussion as a collective body. Mayor Pro Tem Hoog expressed his concern that this Department Head could not answer Council's questions. He requested to see the documents showing how the former Building Official answered his charges. City of Cape Canaveral, Florida City Council Regular Meeting February 17, 2009 Page 14 of 14 on if each Council Member could ask the City Manager specific questions and return for discussion as a collective body. Mayor Pro Tem Hoog expressed his concern that this Department Head could not answer Council's questions. He requested to see the documents showing how the former Building Official answered his charges. Mr. Boucher replied that all documents were public records and available for City Council and the public's review. Mr. Boucher responded to Ms. Walsh that any portion of documents related to any unresolved issues were exempt from public view and any names were protected under the "Whistle Blowers Act." Attorney Garganese stated that violating that law was a Second Degree Misdemeanor. In conclusion, Mayor Randels stated that the City Council would review the fact- finding report and could meet for further discussion in a Special Meeting. A vote of three City Council Members was required for a Special Meeting. ADJOURNMENT: There ig no furt &business, 4 _ Susart tills, CMC,.-_ ity, Clerk the Meeting adjourned at 10:00 P.M. Rocky Randel , MAYOR