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HomeMy WebLinkAboutMinutes 03-03-2009CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 3, 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 Council Member Mayor Council Member Council Member Others Present: City Manager City Attorney City Clerk City Treasurer Public Works Director Assistant Public Works Director Acting Building Official Recreation Director Planning and Development Director Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Walter Bandish Jeff Ratliff Dennis Clements Robert Lefever Barry Brown Mayor Randels noted that again the Agenda was time driven. REPORTS: 7:05 p.m. — 7:20 p.m. CITY MANAGER • Mr. Boucher announced the Little League Opening Day Ceremony on Saturday, March 7th beginning at 10:00 A.M. at the City Ball Field. City Council was invited to attend. • Mr. Boucher distributed the Public Works status report and stated that if the Council had any questions they could contact the Public Works Director. • Mr. Boucher reported on the paving of North Atlantic and Central Blvd. The project would begin on March 16th and the project would occur during the day time City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 2 of 19 hours. Walt Bandish, Public Works Director, stated that an overlay would be performed. Mr. Bandish informed that Central Blvd. would be milled. He replied to Ms. Walsh that the project timeframe was one week. • Mr. Boucher reported that the Ridgewood Avenue Project was the only project to make the Transportation Stimulus Project List. Mr. Boucher stated that the $181,000 would be used along with the $167,000 for the total project resurfacing cost. He also reported that the City was permitted to use the required Federal Government and Florida Department of Transportation paving material. Mr. Petsos asked what would happen if the project came under budget? He requested to use the funds for enhancement purposes. Mr. Boucher replied that alternative projects could be addressed during the approval process. • Mr. Boucher reported that there was $210 million in anticipated grant funding to build new Fire Stations under a competitive grant anticipated this summer. Fire Chief, Dave Sargeant, would pursue that funding once it became available. Mr. Boucher clarified that grant requirement details have not been disclosed. Therefore, he was uncertain if the grant would apply to a private enterprise like the Cape Canaveral Volunteer Fire Department. • Mr. Boucher reported that there were 50 available positions for the Florida Power and Light [FPL] Home Energy Makeover Inspections; however, only nine applications were submitted so far. He clarified that the property must be owner occupied and residential to qualify. Mr. Petsos inquired about an income level. Mr. Boucher replied that FPL would screen applicants to make that determination. Mr. David Schirtzinger stated that he referred people to the program; however, they could not find enough information on the web site. Mr. Boucher assured that the information was available on the web site. Mayor Randels explained that FPL would review caulking, windows, ceiling and insulation during the inspection. Mr. John Johanson stated that the cutoff date was printed as February 28th. Mr. Boucher responded that the deadline would be extended until the City received an adequate number of responses. He informed that he did not receive advertising assistance from the newspaper. Mr. Johanson suggested placing the notice on the City Hall marquee. • Mr. Boucher announced that the City received a Notice from the Florida Department of Environmental Protection that Coastal Fuels was seeking a Title V Air Operations Permit. Mr. Boucher E-mailed the Notice to Mr. Rick Evans for dissemination for residents in the northeast segment of the City. If there were any concerns, residents could request that FDEP hold a public meeting on this matter. Mayor Randels clarified that such a request was required within 30 -days of the Notice. Ms. Roberts asked if there were any additional activity with regard to what Coastal Fuels has proposed. Attorney Garganese responded that he had not heard anything since the Injunctive Order. • Mr. Boucher announced that the City received a Petition from residents in the northwest part of the City who would like the access channel dredged located west of Manatee Sanctuary Park. They desired to pursue a Florida Inland Navigation Grant to dredge the canal in their community. Mr. Boucher stated that staff would City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 3 of 19 need to investigate the grant requirements prior to pursuing it. He stated Staff did not need to pursue this Grant since there was an available Federal Emergency Management Act grant for the boat/kayak launch to be discussed later in the meeting. Mr. Petsos clarified that he would like to see Staff pursue the Inland Navigation Grant for a dock. Mayor Pro Tem Hoog brought out that minimal funding was required for a boat launch due to its simple construction. Mr. Bandish clarified that Staff did not pursue the Florida Inland Navigation grant. Mr. Petsos clarified that at the previous meeting Council sought to obtain a dock and he thought Council had given clear direction for Staff to pursue a grant for the dock. STAFF Recreation Director • Mr. Lefever announced the Recreation Department activities: o Saturday, March 14th — City Celebration and Business Vendor Expo from 11 A.M. to 3 P.M. at Manatee Sanctuary Park o Saturday, March 21s'— Outdoor Movie at 7 P.M. at Manatee Sanctuary Park Planning and Development Director • Per the City Council's request at the February 3rd Meeting, Mr. Brown distributed a hard copy of the list of all persons who applied to serve on the Visioning Committee. This list consisted of all applicants including a brief biography as well as all who were recommended by the City Council, Staff or others and represented by their quadrant of residence in the City. He requested that each City Council member select their nominations and submit them back to Staff preferably by the end of day Friday, February 20th. Staff would compile an aggregate list and would contact those people prior to the next City Council Meeting informing them that they were recommended to serve and asking them if they were willing to do so. Ms. Roberts expressed her concern with the residential representation saying that she anticipated more representation from the residents. Ms. Roberts pointed out that only four of the named representatives were residents. In closing, Mr. Brown clarified that City Council could submit as many names as they desired. AUDIENCE TO BE HEARD: 7.20 p.m. — 7.30 p.m. • Mr. David Schirtzinger, of Surf Drive, [reading from a portable digital device] stated that since the last City Council Meeting: The talk around town continues to center around Mr. Morley's forced resignation and whether or not it was justified. was one of the first to review both the City Manager's Investigative Report and the Mr. Morley's files which were released to the public. Since then, I've spoken with many Residents, City Council Members, City Board Members, City City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 4 of 19 Employees, Developers, Contractors, and Mr. Morley. No one I've spoken with supports Mr. Morley's forced resignation. Everyone I've spoken with supports Mr. Morley's reinstatement. Mr. Morley was one of the City's greatest assets. He brought leadership, credibility and fairness to the City. He worked hard to earn the community's respect as well as that of his peers. This is evident not only when talking with others but also by his excellent annual job performance reviews. understand what's happened to Mr. Morley has happened to other City employees in the past and raises many issues and concerns. • Why doesn't the City have a Human Resources Director? • Why doesn't the City have an updated Human Resources Guide? • Why doesn't the City have in place Organizational controls designed to protect both employees and the community? I'd also like to know how much money and how many City employee hours were spent on the Mr. Morley's Investigation? Lastly, could have and should have this situation been handled differently? Hopefully, Council will take advantage of this opportunity to correct past injustices, implement necessary changes and move the City forward in a positive direction. Thank You. Mayor Randels asked for a list of the requests that Mr. Schirtzinger gave in order for the Council to begin to take some action, although not at this time. Mayor Pro Tem Hoog stated that he had spoken to Mr. Schirtzinger, City residents, employees and to Mr. Morley for up to 5 hours. He found that the Council needed to hear from Mr. Morley and he desired for the Council to have Mr. Morley come to a Council meeting and respond to the allegations in the City Manager's Investigation Package. He stated that the Council's eyes would be opened to the fact that Mr. Morley received, what he called, a raw deal. Mayor Pro Tem Hoog stated that all of the information was not in the Investigation Package. Mayor Pro Tem Hoog stated further that it was up to the Council to hear Mr. Morley's side of the story, and if they did not choose to hear his side then they were weak in their duty to the residents. Mayor Pro Tem Hoog stated that the City lost one of the best Building Official's that it ever had and he had worked with every one of them. He described Mr. Morley as a fair and honest man for the contractor's to work with and to protect the City. Attorney Garganese cautioned the City Council on calling a meeting to hear Mr. Morley. Attorney Garganese stated that under the City Charter the powers of hiring and firing City employees were vested with the City Manager. The Council could certainly hear Mr. Morley's views; however, the Council did not have the power to reinstate him under the present City Charter in a Council -Manager form of government. City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 5 of 19 Mayor Pro Tem Hoog stated that Mr. Morley was unjustly released from his employment. He desired to have Mr. Morley come to the Council to show them the true facts toward all of the allegations listed in the Investigative Package and afterward some appropriate action could be taken to get Mr. Morley back. Ms. Roberts stated that she desired to hear what Mr. Morley had to say as well. She believed the Council could do that respectfully and hopefully hear Mr. Morley's perspective. The Council had received questions from the community, some of who were in the audience, which give them pause and they needed to hear things from Mr. Morley's perspective. Mr. Leo Nicholas stated that from Mr. Schirtzinger's comments there was more that needed to be addressed than just Mr. Morley's dismissal. There were allegations about other employees getting released as well. He asked if it were in Council's purview to call for an Investigation Committee to look into the situation in its entirety. He reiterated that more needs to be addressed. 'Mr. Petsos agreed and stated that instead of making this a public forum, he would recommend an Investigation Committee. Mayor Pro Tem Hoog stated that there were E-mails of Mr. Morley's that were never answered and there were things that Council needed to see and understand. Ms. Roberts expressed that this was a time sensitive, serious matter of which an investigation would not be cost-effective to the City. Ms. Roberts added that she had also asked for a Special Council Meeting to deal with some of the City's Human Resource capabilities and its management systems in addition to what happened with Mr. Morley. Several things had come to the Council's attention that needs immediate action. Ms. Roberts stated that if an investigation were conducted, it would need to be quick, thorough, and performed by an objective third -party. She emphasized her concern with the time sensitivity and seriousness of the matter. Mr. Petsos assured that he was considering the seriousness, which was why he was suggesting an objective, third -party investigation. He looked to the City Attorney with regard to obtaining an impartial, third -party to review both sides within a two-week period. Mayor Randels then asked the City Attorney if this were something that the Council could call a Special Meeting for in order to discuss what they plan to do. Attorney Garganese advised the Council of the hiring and firing provision in the City Charter. Attorney Garganese cautioned that there were issues related to fire prevention devices. He stated that since these issues were found the Fire Department has taken corrective measures on what should have been done. Mr. Petsos stated that if the issue was returning for Council's review, then he would rather review the statements that were not part of the Public Record, but should City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 6 of 19 have been; and see the statements that were given, but were also not in the Package. Mayor Pro Tem Hoog replied that Mr. Petsos needed to look at the record and also take the time talk to Mr. Morley. Mayor Pro Tem Hoog brought out that in the Package states that Mr. Morley was negligent, but Mr. Morley has E-mails between himself and the Fire Department. Mayor Pro Tem Hoog stated that the best way to know the whole story was to hear Mr. Morley's side of the story. Mayor Pro Tem Hoog stated there were many E-mails to the Fire Department which were not in the Package. Mr. Boucher stated that he should have been supplied with those records. Mayor Pro Tem Hoog referenced that the City Manager had Mr. Morley computer's scrubbed. Mayor Randels then asked for a consensus if the Council was asking to have Mr. Morley come in to answer his allegations. Mayor Pro Tem Hoog emphasized that Mr. Morley was trying to seek the required permits. Ms. Roberts stated that the City needs Human Resources capability in order to have an objective party as part of the City Staffs capability to process issues such as this at an earlier stage in the process. Ms. Roberts stated that the City Clerk has performed the functions as a lateral duty; however, the City needs a full-time Human Resources Director to handle all of its personnel issues, update the Employee Handbook and documents, and apply consistent and fair processes. Ms. Roberts stated that the City desperately needs a full-time Human Resources Director. She also stated that the City needs to improve documentation of processes, forms, and sequencing of signatures saying that there were serious opportunities for management improvement here which would preclude this from happening again. Ms. Roberts mentioned these things as a background to Mr. Morley's reinstatement. Ms. Roberts stated that this may, however, illustrate the need that the City has for the other capabilities. Council needs to address the capabilities of Staff to deal with process issues, signature issues in the sense of action and also full-time Human Resources capabilities. Ms. Walsh asked if the other cities had a full-time Human Resources person. Ms. Roberts affirmed that they did; however, Mr. Boucher clarified that some cities do while others do not. Ms. Walsh asked if the position would be an efficiency, process person looking across the board at the different Departments to ensure signatures and forms compliance. Ms. Roberts replied, no; her issue was a different management improvement initiative which would fall under the purview of the City Manager and the City Clerk as City Records Custodian. Ms. Walsh stated that she heard of efficiency studies being done for cities related to processes and a third -party could take an objective look at the entire process. Ms. Walsh stated that there was, however, a long-term City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 7 of 19 pervading issue as evidenced by Mr. Schirtzinger's comment and Mr. Nicholas' agreement with it. Mayor Pro Tem Hoog stated that while he met with the City Treasurer, Andrea Bowers, he questioned if a certain permit were paid and he said Ms. Bowers did not know. Ms. Bowers there mere a number E) Ut ref wen f Fther was nenessaFy to find i4 asserted that if there was no money paid, then the permit would not be in my system. If money was paid on the permit, then I could track it quite easily. The Building Permits software does not interface with any other department's software. Mayor Randels sought consensus on calling for a meeting to address Mr. Morley's separation, choosing not to call it a firing because there was a Letter of Resignation on file. Mayor Randels mentioned conducting a third -party investigation. However, Mayor Pro Tem Hoog stated that Mr. Morley was on a no -pay status at this time and he has a family. Mayor Pro Tem Hoog called for an immediate convening of City Council. Ms. Roberts pointed out that there was a 24-hour Notice requirement. Mr. Petsos requested to see the documents that were not part of the package prior to convening a meeting. Mayor Randels pointed out that the City Council would then become the Hearing Party and he asked the City Attorney if there were a process to address the subject matter. Attorney Garganese replied no; stating that usually the City Council is not involved in personnel issues. Ms. Roberts stated that the City Council could, however, address the process. Attorney Garganese stated that the Council could address the process of budgeting for a Human Resources Director which was within the City Council's purview. However, employment decisions were within the City Manager's purview. Ms. Roberts responded that the City Council could at this meeting work with the City Manager and give him feedback as it related to this process and that would be within the City Council's prerogative. Attorney Garganese stated that he wanted to ensure that if the Council holds the meeting and obtains information that they were not setting themselves up to make a decision that they could not legally make. As the City Council's legal advisor, he had to advise them of that fact leading into their decision to call a meeting. Mayor Randels clarified that the City Council's decision- making did not lead to the hiring and firing of personnel. Ms. Roberts stated that the City Council could advise the City Manager regarding their thoughts. Attorney Garganese stated, as his conscience required him to do, to advise the Council that the City has a situation with the Country Inn Hotel. The Fire Department stated that a smoke controlled detection device was not installed. At this time, the Fire Department was now going back, after the fact, and requiring the Hotel to install that device which created a life/safety issue. City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 8 of 19 The Council needed to take a good hard look at how that happened. Ms. Roberts expressed that she believed that there were multiple perspectives about this situation. Attorney Garganese stated that the City has a liability exposure which needs to be corrected. Ms. Roberts responded that there was also liability exposure as to how the City was doing business. Mayor Pro Tem Hoog stated that the time -line will show that Mr. Morley was working on the issues. He reviewed the telephone record file listing the dates and times. He found many of them, 50 to 60, were personal; however, from his observation of the whole thing, Mr. Morley needed to be able to defend himself and permit the Council to make that decision if Mr. Boucher was right or wrong. Mayor Randels clarified that during the Special Meeting the Council would look at the process, qualifications, or the reason for the action. Attorney Garganese pointed out how on the smoke control issue, the Council might want to address if there were a breakdown in communication. Mayor Pro Tem Hoog reiterated that Mr. Morley was working on the issue. Attorney Garganese stated that this was a life/ safety issue and queried how this happened when the Certificate of Occupancy [CO] was the final action? Ms. Roberts stated that whether Mr. Morley was in the Building Official's position or not, the City was faced with continued fundamental issues without any corrective action. She believed that the City Council needed to hear the whole story in order to avoid misunderstandings and, at this time, the City Council did not have full insight that would be provided with Mr. Morley's perspective. Attorney Garganese stated that the specific issue of the CO may need City Council's attention by way of discussing processes and he too agreed that this would lead to improvements in order that should not occur again. Ms. Roberts reiterated that the process was in question whether it was related to Mr. Morley or anyone else. Mayor Pro Tem Hoog stated that the process, as a whole, needed better correlation in order for everyone to understand it. If any E-mail were sent, it needed a reply and he pointed out that the CO was signed by the Fire Department. Ms. Roberts stated that the Council would not want Mr. Morley to be the scapegoat for a deeper issue. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to Call a Meeting to Permit Mr. Morley to Come in to Respond to the Allegations. Mayor Randels attempted to clarify the motion to Call for a Fact -Finding Meeting for the City Council to Review the Processes Related to the Recent Resignation of Mr. Morley. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to Consider a Fact -Finding Meeting to be Reviewed by This Council of the Process of the Recent Resignation or Termination of Mr. Morley to Be Done City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 9 of 19 as Soon as Possibly Scheduled. 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. Ms. Roberts mentioned that she had called for a Special Council Meeting to talk about the Human Resources issue and the Management Systems issue as it related to the issue now in discussion. She had called for a Meeting on Thursday, March 5th. Mr. Petsos pointed out that there was information which was not shared in the file. He requested that Mr. Morley supply that information to all of Council. Mr. Boucher stated that Mr. Morley needed to submit that information to the City Clerk as a Public Record for dissemination. Mr. Boucher also stated that City Council's personal E-mail and any correspondence, personally delivered to them, should also be given to the City Clerk under the Public Records Law as the public had a right to examine these documents. Mayor Pro Tem Hoog stated that he did not receive E- mail from Mr. Morley, he talked with him personally. Ms. Walsh disclosed that the E-mail that she received at walsh-cape(cD-cfl.rr.com were all somehow erased. She stated that of the Gity MaRageF GGuld get serneeRe to renewer them he was WeIeeme to have them There were 30-40 E-mails in her E-mail account from various people and organizations. Ms. Walsh disclosed that she sent Mr. Boucher an E-mail regarding this and he was going to look into what may have happened. Mr. Boucher could have the E-mails recovered; he was welcomed to have them. Ms. Walsh stated she does not even have a copy. Ms. Walsh asked if anyone else had any problems with their roadrunner E-mail account. Council members replied no. Ms. Roberts requested to designate a date and time for the Special Meeting. Mr. Petsos suggested meeting at 5:00 P.M. saying that he would make an effort to arrive earlier for the meeting. Cit Council Members agreed on a Special Meeting for Tuesday, March 10 h at 5:00 P.M. to 7:00 P.M. Attorney Garganese expressed his concern with Mr. Morley presenting any documentation after the time in which he was given to respond. Ms. Walsh stated that Mr. Morley's documents should still be on the City Server. Attorney Garganese stated that all of the records need to be on hand. Ms. Roberts stated that there were some records which were on his personal computer and not on the City computer. Attorney Garganese recommended that the City Clerk contact Mr. Morley and request those documents. Mr. Petsos emphasized that the call be made first thing in the morning. Mr. Wemer Grewe addressed the City Council and suggested an independent investigation related to Mr. Morley's six-year employment record as a Building City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 10 of 19 Official and also requested an independent investigation of the City Manager's job performance and his handling of previous disputes. He stated that this was not the first one of its kind and he referred to how other City employees left their jobs. CONSENT AGENDA: 7.30 p.m. — 7.40 p.m. 1. City Council Regular Meeting Minutes of February 17, 2009. 2. Outdoor Entertainment Permit - Manatee Sanctuary Park - Community Celebration, Saturday, March 14th 3. Outdoor Entertainment Permit - Manatee Sanctuary Park — Movie in the Park, Saturday, March 21st 4. Outdoor Entertainment Permit for the Manatee Sanctuary Park Arts Festival, Saturday, March 28th and Sunday, March 29th; Terri Rudzitis, President, T -N -T Events, Inc., Applicant. Ms. Walsh referred to two items in the Minutes. On Page 12, the last bulleted item under her report reflected that she was asking for the current 5 -Year Plan in the 2009 budget to be expanded in more detail. The City Clerk affirmed that she had listened to the audio and made that correction. Ms. Walsh also referred to the first bullet which ascertained that there was discussion at the last City Council meeting related to the Florida Inland Navigation Grant. Mr. Boucher made note that Staff would follow through on seeking the grant funding. During the discussion, Mr. John Johanson brought up dredging the canal west of the Manatee Sanctuary Park. So, the Minutes do reflect the Council's discussion of this issue and they directed Staff to pursue the grant. Ms. Walsh then, referred to Page 13, the last Paragraph and stated that it should read, "the records were available for the City Council's review and "for the public's review". In closing, Ms. Roberts stated that her Amendments were submitted to clarify the intent of her points made during the meeting. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 with Amendments through Item No. 4. 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: Second Public Hearing: 7.40 p.m. — 7.50 p.m. City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 11 of 19 5. Motion to Adopt: Ordinance No. 02-2009; Updates Due to Amendments to the Florida Building Code, at Second Reading. 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. Mayor Randels clarified the intent of the Ordinance to change the year of the Building Code from the 2004 to the 2007 edition. Ms. Roberts made an editorial observation related to the case sensitivity of words as they related to the Boards and the City on Page 2, Section 82. Attorney Garganese explained that Municipal Code publishes the Ordinances in lower case letters regardless of him sending the language in title case. There was no public comment. A motion was made by Mr. Petsos and seconded by Ms. Walsh to Adopt Ordinance No. 02-2009 at Second 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. ORDINANCE: First Public Hearing: 7:50 p.m. — 8:10 p.m. 6. Motion to Approve: Ordinance No. 04-2009, Amending Chapter 98, Article II, Plats. Attorney Garganese read Ordinance No. 04-2009 by title. AN ORDINANCE OF THE CITY OF CAPE 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. Attorney Garganese recommended two changes: on Page 5 of 16 Subparagraph (b), there is a requirement for a Preliminary Plat that there be a current Title Opinion. He would add two options related to using either: 1) a Title Company or, 2) a Certification by an Abstractor. The same change would occur on Pages 13 and 16, Subparagraph (b), and the first Subparagraph (b) on Page 5 which mentions, an updated Title Opinion. City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 12 of 19 The Planning and Zoning Board has recommended this Ordinance. Part of the changes was an attempt to reorganize the Platting sections in order to read more clearly. There were some provisions in the existing Platting Ordinance that were related to Site Plan review which were out of place in this Article. Therefore, the portion that was stricken would be relocated within the Site Plan section of the Ordinance. Mr. Brown gave the recognition of the work on the Ordinance to Assistant City Attorney Kate Latorre. Attorney Garganese explained how this Ordinance would streamline the Platting process. He stated that due to the technicality of dividing a lot, this Ordinance would address lot splits and the City Council could authorize, by Resolution, to address and expedite lot -splitting related issues and not require a full-scale Plat process. Ms. Roberts referred to earlier discussion of City processes and used this as an example of the City adopting Ordinances without associated processes, in terms of flow, and related forms. She expressed concern that the City was not specifically looking at each stage of the Ordinance process and this would continue to be an issue. Ms. Roberts explained how the forms, noted in the Ordinance, should be identified as they relate to the Ordinance. She explained how a flow chart would visually depict how the form relates procedurally to the Ordinance and what it means to the public. Ms. Roberts stated that the City does not have a tight, complete forms implementation system. There was no system, at this time, to show how the form was tied to the Ordinance. Ms. Walsh agreed, saying that essLIrred it is not clear how the City processes change when the new Ordinance is implemented. Ms. Roberts stated further that having a Forms Implementation System would avoid any vague interpretation in the future. Attorney Garganese recommended a more detailed Agenda format to include whatever the Council decided it needs to make a decision, for example: related cross-references to other provisions in the code, the financial impact, etc. Ms. Roberts suggested that Staff return to the next City Council Meeting with implementation processes and forms. Ms. Roberts clarified that she desired to see the actual forms and processes that Staff planned to use. Attorney Garganese, again, suggested a more detailed approach to the agenda process. Ms. Roberts stated that she did not desire to support the Ordinance without an implementation strategy. Ms. Roberts also raised the concern of inconsistency of upper case, lower case usage and also that sometimes Brevard County is referred to in the title and at times it is not. Also, on Page 5, (e), Line 4, Ms. Roberts recommended adding "within 180 days of submittal." Ms. Roberts stated that this process example will flow into the Management Systems discussion. She stated that until the Council has its processes discussion, they would continue to pass Ordinances without a forms and processes implementation strategy which is not good for the City. Mr. Petsos agreed with Ms. Roberts, noting that many times forms were a part of the Ordinance process. He stated that Council should be able to direct Staff to supply the forms, however, without convening a Workshop to discuss it. Ms. Roberts recommended City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 13 of 19 that the Council have Fee information as it relates to an Ordinance. Attorney Garganese informed that the Fees did not change. Ms. Roberts stated that what she desired in the area of forms was a Staff concern, not a task for the City Attorney. Mr. Brown stated that most of the forms were due for an update and this was an appropriate time to address Ms. Roberts' concerns. Ms. Roberts suggested a coding system which would supply a schematic to follow the forms. Mr. Brown replied that he would pull together what Ms. Roberts' requested before the Ordinance came up for a Second Reading. Ms. Walsh inquired about the need for 14 copies. Attorney Garganese stated that the requirement was submitted by the prior City Planner. Mr. Brown stated that he preferred to handle the number of copies needed at the Staff level. Mr. Brown stated that he would prefer to state that required number in the application process and not tie that number to the Ordinance. Ms. Roberts pointed to this as an example of the implementation leader knowing what was needed in the Ordinance. Mr. John Johanson suggested placing the number of copies needed in the Ordinance as well as on the application. Ms. Roberts recommended having the number of copies as part of the implementation process. Mayor Pro Tem Hoog asked if 14 was the definitive number. Mr. Brown replied that this was an adequate number for the time. Mr. Leo Nicholas reminded that, at times, parallel reviews occur; therefore, it was wise to have sufficient copies. Mayor Pro Tem Hoog suggested that the Board's, from Planning and Zoning to the Board of Adjustment, use those same copies in an effort to reduce costs. Mr. Brown affirmed he would include Ms. Roberts recommended changes. Mr. Nicholas recommended changing 98-41(a) proscribed to "prescribe." Mr. Nicholas also asked if there were a provision in this Code to discourage the formation of non -conforming lots. Attorney Garganese affirmed that there was a provision in the Ordinance to address non -conforming lots. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Ordinance No. 04-2009 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: 8:10 p.m. — 8:50 p.m. 7. Motion to Approve: Agreement with Brevard County for Lifeguard Services. Mayor Randels informed that this was consideration of an Agreement for $18,221 for 2009. Mayor informed that the cost did not change from 2008 which provided for one lifeguard tower at the beach end of Tyler Avenue with two lifeguards. Brevard County pays for the lifeguard at Cherie Down Park. Interim Chief, Jeff Scabarozi, explained how one patrol lifeguard would span 100 yards north and south of the tower. He informed that the station would house Yamaha Rhinos City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 14 of 19 and Jet skis. Chief Scabarozi recounted how in the City there was one tower and two lifeguards each at Cherie Down Park and at Tyler Avenue. At the Cocoa Beach Pier, there would be two towers, one lifeguard at each, and a walking patrol between the two. The person on the ATV will supervise all four towers. Ms. Roberts clarified that Jetty Park was a separate entity and asked if, from a professional perspective, the City was adequately covered along its beach. Chief Scabarozi affirmed that the City was based on the two available lifeguard towers; so people could sit in a lifeguard protected area at their discretion. Chief Scabarozi stated that as of August 2008 there were 5, year-round lifeguard towers in the County: The Cocoa Beach Pier, was mobile depending on the current; Shepherd Park, Lori Wilson Park, end of Minuteman Causeway, and at Paradise, these were year-round, including holidays. Mr. Petsos conveyed an observation from a recent City volunteer activity and asked that the Chief address the Rhino being driven along the dune line and at a high rate of speed. Chief Scabarozi replied that emergency situations called for a rate of speed higher than 15 miles -per -hour and the high -sand route helped to avoid injuring any pedestrians, especially children. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve an Agreement with Brevard County for Lifeguard Services. The vote on the motion AFPNcarried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 8. Motion to Approve: First Responder Agreement with the Board of County Commissioners of Brevard County. Chief Dave Sargeant, Cape Canaveral Volunteer Fire Department, addressed the City Council and informed that the First Responder program was in jeopardy and on the list of Budget cuts; however the Department would work to keep it. He anticipated $2,655 more returned this year than what was budgeted. Mayor Randels referred to Page 1 and asked if the figure pertained to the City and Canaveral Port Authority. Chief Sargeant replied that the figure was times "two." He stated that the Revenue was identified in the City Budget as $35,000. Ms. Roberts asked if the Agreement were active October 1, 2008. Chief Sargeant affirmed that the amount related to this Fiscal Year and he would keep the Council apprised of the anticipated Budget cut. Mayor Pro Tem Hoog asked how the County would address unused supplies relative to Emergency response. Chief Sargeant replied that when the County first used the Advanced Life System, it was under no obligation to return any funds to the City and could cease the Contract at any time. Mayor Pro Tem Hoog stated that the City deserves its fair share as it supports all of Brevard County's Advanced Life System. He then asked how the County would reimburse the City for responses to No -Man's -Land. Chief Sargeant replied that this City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 15 of 19 would call for renegotiation of their dispatch Contract. He informed that in return for covering No -Man's -Land, they received Emergency 9-1-1 and dispatch services; however, they would review all their options. On a personal note, Ms. Roberts commended the Fire Chief and his team for their response to her pe:-sGRal eme;^gam," timely response to a fall at Solana Shores. Chief Sargeant said they try to be timely in all of their responses." A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve an Agreement with the Board of County Commissioners of Brevard County. 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. 9. Motion to Approve: Final Change Order for the Central Canal Stormwater Improvement Project. Mayor Randels pointed out that the project was completed under budget. Jeff Ratliff, Assistant Public Works Director, affirmed that the project was under budget by approximately $62,000 to include the change orders. This came as a result of a change in the project's scope and some renegotiated fees with Stottler, Stagg and Associates. Mr. Ratliff informed that the firm has installed six baffle boxes for the City and he expressed his favor with their work. He informed that the Baffle Box manufacturer also stated that the Contract was the best they had ever seen. Mr. Ratliff informed that the changes in discussion were either based on unanticipated field conditions or recommended by the Florida Department of Environmental Protection or City Staff. Mayor Randels pointed out that the City was reimbursed for a task not performed related to the fence. Mr. Ratliff clarified that they elected to place the fence farther north. Mr. Ratliff pointed out that an educational kiosk and additional landscaping were some remaining details. Mr. Nicholas asked if the unexpended funds could be used for clean-up. Mr. Ratliff replied no, that the FDEP grant does not fund maintenance. Ms. Roberts thanked Mr. Ratliff for an explanation of the nature of the changes. Mayor Pro Tem Hoog asked what would happen to the excess funds. Mr. Ratliff replied that the FDEP funds would go away; however, the City's remaining $25,000, would funnel into another project. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to Approve a Final Change Order for the Central Canal Stormwater Improvement Project. 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. 10. Motion to Approve: Authorization to Install Decorative Crosswalks at the N. Atlantic Avenue and Central Boulevard Intersection. City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 16 of 19 Walter Bandish, Public Works Director, distributed information related to the crosswalk project. Mr. Bandish clarified that there would be only three crosswalks, not four, subsequent to a traffic engineering study which showed three crosswalks at that intersection. Mr. Bandish clarified that there was no crosswalk headed east from the southeast corner of the street. The northerly direction was the safest route. Mr. Bandish explained that changes could be made to accommodate a signal stop and then cut away concrete for Americans with Disabilities Act [ADA] compliance. Ms. Roberts asked if a sidewalk was in the City's future plans for North Atlantic Avenue. She asked for clarification as to why there was no way to traverse the east and west portion of North Atlantic Avenue. Mr. Bandish replied that these crossings would require ADA compliance. Mr. Bandish replied to Ms. Walsh that there was no sidewalk on the south side of Central Boulevard for the entire block. Mr. Bandish informed that he had a price for the center median of approximately $24,000. Ms. Roberts asked if there were any visual depictions of this project. Mr. Bandish replied that he could provide that for her. Mr. Bandish reported on a cost of $55,650 to install pavers. However, this would impact a critical water line. Ms. Roberts asked if he had contacted Brevard County related to the pavers. Mr. Bandish replied that he contacted this company in an effort to avoid the formal bid process and lowers costs by joining in with a larger City's contract for this service. Mr. Bandish reported that the cities of Rockledge and Cocoa Beach did not have pavers in their crosswalks and their underlying work was performed in-house. Mr. Bandish reported that pavers in this particular intersection were not feasible due to the critical underlying utilities. Mr. Petsos questioned the City's liability related to the water line if pavers were installed. Mr. Bandish replied that the City would become fully responsible for any repairs. Ms. Roberts asked if there were any additional expenses; Mr. Bandish assured that there were not. Mayor Pro Tem Hoog asked about any other responsibilities related to entities moving their utilities. Mr. Bandish replied that the City of Cocoa refused to move the water line. Mayor Pro Tem Hoog stated that he needs to check their response based on standard utility practices. Mr. Bandish responded to Ms. Roberts that preparatory work would begin on March 16th and the project would begin in mid-April. Ms. Roberts asked if the Council would obtain a drawing. Mr. Bandish replied that he would return to the Council with the colors and design as soon as the Council approved the project. Mr. Bandish replied to Ms. Walsh that the project could proceed to the Beautification Board prior to it commencing in April. Mr. Bandish replied to Mr. Petsos that the timeline was agreeable with the County. He stated that pavers could be considered during future Ridgewood Avenue discussion. Mr. Bandish clarified that all of Central Boulevard was being milled and North Atlantic Avenue would obtain a one -inch coating. Ms. Walsh stated that streets have been milled without curbs. Mayor Pro Tem Hoog brought out that there was a reason why the City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 17 of 19 County did not desire to mill the road and he requested that Staff return to the Brevard County Road Director for an answer. Ms. Roberts referred to the difference between the $55,000 and the $18,000. Mayor Randels clarified that one cost was for pavers and the other for an overlay. Mr. Petsos clarified that the City could address the entire intersection at a later date considering the $24,000. Mr. Bandish affirmed. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Approve the Authorization to Install Decorative Crosswalks at the N. Atlantic Avenue and Central Boulevard Intersection. 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: 8:50 p.m. — 9:30 p.m. 11. Customer Service Standards and Performance Measurement. Ms. Roberts stated that Council agreed in January to discuss the Legislative Agenda in February and the goal of tonight's meeting was to discuss the Management Agenda. She stated that this was a time to brainstorm management improvement functions of which these items, Customer Service Standards and Performance Measurement, were a part. Ms. Roberts suggested deferring this Item to the next City Council meeting. Mr. Boucher informed that a class with University of Central Florida [UCF] was $1,000. Ms. Roberts clarified that she and the City Manager were to meet with the UCF representatives to discuss the plans related to Customer Service Standards and she expressed the concern of holding a class prior to developing a plan. Discussion of Managements Systems Agenda would be schedule for the next City Council Meeting., 12. Draft Resolution; Establishing a Charter Revision Committee. Mayor Randels referred to the Draft Resolution and asked if this was what the City Council had in mind. Ms. Walsh recalled that in order to review the Charter then a Committee was required. Mr. Boucher stated that the Council could adopt single amendments for voter approval; however, over 28 years the Charter as a whole was not reviewed. Mr. Petsos stated his favor with a Charter Review; however, this did not preclude someone coming in and requesting a single revision. Mr. Petsos asked for the latest time to submit for a Referendum in November. Mayor Randels replied in August. Mr. Nicholas suggested obtaining a Sample Charter from the National League of Cities. Mr. Boucher affirmed that he was familiar with that model. Mayor Randels requested to schedule this as an action on the March 17th City Council Agenda. City of Cape Canaveral, Florida City Council Regular Meeting March 3, 2009 Page 18 of 19 13. Canoe/Kayak Launch at Banana River Park. Mr. Ratliff clarified that the Florida Inland Navigation Grant was a 50/50 grant and not a non-matching grant. He informed that a dredging project was a 75/25 grant. Mr. Ratliff stated that the application was due April 1St and would involve other entities. He stated that this was a great project for the City to look into in the coming year. Mr. Ratliff stated that this was an inexpensive way to obtain a kayak/ or boat launch since most launches at State parks were sand bars. He suggested that this could also be installed at Manatee Sanctuary Park. Mr. Petsos asked if the millings from the Central Boulevard project could be used on this project. He related on how parents were parking on the grass at Banana River Park. Mr. Petsos recommended using some of the grant funding for the parking area and building a boat launch at the far end. Mr. Ratliff suggested a fishing pier at the south end. Mayor Pro Tem Hoog questioned the park's usage. Mayor Randels replied nearby residents. Mr. Tom Garboski suggested using $25,000 to install restrooms. Mr. Ratliff replied that Stormwater Funds could not be used to install restrooms. Mr. Michael Persse recommended using the funds to dredge the access canal because the canal continues to erode. Mayor Randels explained how if the City conducted dredging, then the City would assume responsibility for continuous maintenance. Mr. Persse asked why the City would not desire to do this for the residents who access this canal. He informed that he obtained 50 signatures on a Petition to dredge the canal. Mr. Ratliff explained that the Staff would need to ascertain who was responsible for the initial dredging. Mr. Persse clarified to Mayor Randels that their Property Tax Records do not show that they own the bay bottom. Mr. Ratliff stated that when the City Staff installed the sanitary under the canal, they worked with the Army Corps of Engineers; therefore, he was certain that the Army Corps of Engineers would have an answer. Mayor Randels stated that Mr. Ratliff had the Council's consensus to proceed with the Canoe/Kayak Launch project. REPORTS: 9:30 p.m. — 10:00 p.m. CITY COUNCIL Mayor Rocky Randels • No report. Mayor Pro Tern Bob Hoog • Mayor Pro Tem Hoog asked if there was any progress with Western Waste, Inc. discussion. Mr. Boucher replied that the City Treasurer had a follow-up meeting with them. Mayor Pro Tem Hoog referred to the problem of the green roll -off City of Cape Canaveral, Florida City Council Regular Meetinc March 3, 2009 Page 19 of 19 • Mayor Pro Tem Hoog asked if there was any progress with Western Waste, Inc. discussion. Mr. Boucher replied that the City Treasurer had a follow-up meeting with them. Mayor Pro Tem Hoog referred to the problem of the green roll -off commercial dumpsters being left on the street after pick-up service. Mr. Boucher responded to Ms. Walsh that he still needed Council's feedback on the Agreement over the next few weeks. Council Member Betty Walsh No report. Council Member Shannon Roberts • Ms. Roberts mentioned that, with Council's permission, she planned to bring up her three discussion points which were previously stated in her earlier request for a Special Meeting. She assured that her points were relative to the Motion for the Special Meeting. Council Member Buzz Petsos • Mr. Petsos recommended calling the sub -committee of the Business and Cultural Development Board a "Fact -Finding" Committee. As a Fact-finding committee, they would not come under the Sunshine Meeting law. Attorney Garganese clarified that a Fact Finding Committee would convene strictly for the finding facts and in this forum, they would not serve in an Advisory capacity. A motion was made by Mr. Petsos and seconded by Mayor Randels to Establish a Fact -Finding Committee Composed of the Business and Cultural Development Board. 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. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:00 P.M. (2ve..,Y, (aulc�a, Rocky Rand Is, MAYOR Susan till CMC, TY CLERK