Loading...
HomeMy WebLinkAboutMinutes 03-17-2009CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 17, 2009 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Mayor Council Member Council Member Others Present: CW City Manager City Attorney City Clerk Public Works Director Acting Building Official Recreation Director Planning and Development Director PRESENTATIONS: 7:00 p.m. — 7:45 p.m. Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh (Arrived after the Roll Call) Bennett Boucher Anthony Garganese Susan Stills Walter Bandish Dennis Clements Robert Lefever Barry Brown St Johns River Water Management District's Model Water Conservation Ordinance for Landscape Irrigation. Ms. Ann Benedetti, Intergovernmental Coordinator, distributed information packets to the Council Members. Ms. Benedetti stated that she would share some general information about the District and some specific information about the model Ordinance. Ms. Benedetti reviewed the first Fact Sheet related to watering restrictions which were a result of the model Ordinance. She stated that the model Ordinance was more restrictive limiting watering to: two days per week, on specific days based on a resident's house number, and between 10 A.M. to 4 P.M. During daylight savings time, which we are in now, watering occurs two days per week with odd number addresses watering on Wednesday and Saturday; and even number addresses will water on Thursday and City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2009 Page 2 of 15 Sunday. Commercial irrigation is permitted on Tuesdays and Fridays. At the return of Eastern Standard Time, the watering schedule will decrease to one day per week with even number addresses watering on Sunday and odd number addresses on Saturday. Irrigation is limited to no more than 3/ of an inch per zone per irrigation day and no more than one-hour per zone. Ms. Benedetti informed that reclaimed water was unrestricted as is air to water; air-conditioning units. She also noted the beneficial use of a rain sensor gauge and efficiency systems such as micro -spray or micro jets were encouraged. New landscapes were permitted watering for 30 days and every other day for 30 days for a total of a 60 day period. There was no restriction on washing vehicles and residents were encouraged to wash their cars on the lawn. Ms. Benedetti referred to Page 2 for the toll-free, hot-line number: 1-800-232-0904. This number can be used to obtain water regulation information or to report water usage violators. Mayor Randels asked who would respond to a violation to which Ms. Benedetti replied someone from the Palatka office. Ms. Benedetti also supplied information on the Water Star Program, similar to the Home Energy Star Program, for water conservation usage. Ms. Benedetti reviewed the water usage survey and noted a Recreation Guide. These recreation areas were lands purchased by the District for hiking or bird watching. Ms. Benedetti stated that there were 18 counties under the St. Johns River Water Management District, approximately 700 employees in the four service centers: Palm Bay, Altamonte Springs, Palatka and Jacksonville. Ms. Benedetti emphasized that the rules applied whether on city water, or self -own irrigation wells; the largest exception being reclaimed water. Ms. Benedetti informed that the discussion related to reclaimed water was removed from the rule-making docket which was decided at the last Governing Board Meeting. Mayor Randels informed that he spoke, on behalf of the City Council, against restrictions on reclaimed water usage. Mayor Randels clarified that there was no water restriction for those in Cape Canaveral who have a reclaimed water irrigation system. Ms. Benedetti stated that the District did have an enforcement plan and had retained a contractor to provide patrolled enforcement. However, that person would be spread thin over the breadth of 18 Counties. Ms. Benedetti informed that St. Johns was not seeking to fine violators, but to educate the public due to the need to conserve water especially during periods of drought. However, if they found after repeated tries to gain compliance, legal review would be sought. Mayor Randels pointed out that Item 8 was a point of conflict as it relates to using Law Enforcement personnel to fine violators. Ms. Benedetti stated that the District would have some enforcement if the City chose to adopt the model Ordinance; however, if the City chose not to adopt and then made an attempt to enforce, then the City could have a legal problem. City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2009 Page 3 of 15 Ms. Benedetti informed that if District intervention occurred, the City would be notified and they would address areas in which a spike in usage had occurred. Mayor Randels conveyed the City Council's concern of who would become responsible for the monitoring. He also informed that the City prudently upgraded its plant to the Advanced Water Treatment level. Ms. Walsh referred to Rule 40(c)-2 and she brought out that in Cape Canaveral, some private subdivisions have central irrigation that run on wells and asked how do they obtain a variance. Ms. Benedetti referred to Section 6, Variance, which the municipality would grant. Mayor Randels clarified that the Council did not have direction on the forms needed as yet. Ms. Benedetti stated that if these were people who were on private wells and not on reclaimed water, then they would definitely fall under the general restrictions. She stated further that they would need to show a hardship as to why they could not follow the regular Ordinance. Ms. Walsh stated that she was aware that some of the central irrigation systems were collectively addressing group properties. Ms. Walsh explained how conducting the odd - even address watering schedule would be difficult since the homes were grouped together under a central irrigation system. Ms. Benedetti responded that the City would have the power to grant a Variance. Mayor Pro Tem Hoog asked how many cities St. Johns had presented with the Model Ordinance. Ms. Benedetti replied that Cape Canaveral was the first presentation to a City in Brevard County. She informed that Volusia County planned to adopt the model Ordinance. Mayor Pro Tem Hoog stated his concern with enforcing it and the paperwork involved. Mayor Randels stated his concern with the difficulty of monitoring violators and questioned the District's anticipated rate of success. Ms. Benedetti emphasized that education was the goal, not enforcement. The District would target the complaints received from the toll-free line and confer with the utilities related to places in which a spike in water usage was identified. Mayor Randels asked to know if the Governing Board would accept an Ordinance which had a modified Enforcement provision. Ms. Benedetti responded that the Governing Board was not in a position to accept or not accept since Ordinance was in place at the District level. The hope was that the cities would also adopt Ordinances that they prefer and which they choose to enforce. Some cities would have Ordinances on the books which was not exactly compliant with the District's Ordinance. The District strongly urged the cities to adopt the model language. Mr. Petsos pointed out the Public Works Director's concern with Rule 40(c). Walter Bandish, Public Works Director, referred to the difficulty of irrigation in residential districts with common areas. He also referred to the provision which stated that if there were a IL reclaimed water line in front of the residence, then the homeowner must acquire a hook-up City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2009 Page 4 of 15 at a cost of $480 to the homeowner. Mr. Petsos stated that if the City did adopt the Ordinance, he suggested language that would opt -out these individuals and the Council would be the Board that grants a Variance. Ms. Benedetti stated that she could return to the District with the City Council's concerns: Homeowner Associations with common property. Mr. Donald Dunn asked how the Canaveral Port Authority would handle watering stored aggregate at up to 45,000 gallons per day. Ms. Benedetti asked if the Port Authority purchased reclaimed water from a local vendor. Mayor Randels responded, yes, from the City; however, the Port does not usually accept it. Final Report on the Preliminary Design of the North Atlantic Avenue Streetscape Project. Mr. Brad Smith, Brad Smith & Associates, reported on a successful public meeting. He noted some constraints related to existing large poles. Mr. Smith also noted the locations of decorative paving and wall features, some alternative light fixtures and he stated that the lighting choices and custom colors could be established during the Visioning sessions. Mr. Smith noted water features, which were suggested during a public meeting. He also displayed some customized street signage. In conclusion, he stated that the design included some simple, durable, cost-effective, readily achievable features. Mr. John Pekar, City Engineer, Stottler, Stagg and Associates, Inc. reported that the next step in the process was to proceed to the construction drawings. The project would then be considered in phases due to budget constraints. Mr. Smith pointed out that each part of the concept was broken out with costs related to each part. Ms. Roberts reminded that the City was given funding from developers to assist with the North Atlantic Avenue enhancements. She requested that the Council could obtain an accounting from the City Treasurer on how much the developers have contributed. Mr. Boucher clarified that enhancement concepts were not eligible for Florida Department of Transportation funding; however, the resurfacing portion of Ridgewood Avenue was eligible. Ms. Roberts again requested an accounting of funding from the developments toward enhancements on North Atlantic Avenue. Mr. Leo Nicholas asked if there was funding set aside from the Villages of Seaport for a traffic light and other improvements. Mayor Randels replied $100 from the sale of each purchase in the Villages of Seaport. Ms. Roberts stated that Homes by Towne had also set aside money for the whole development of the Shorewood Drive area, and perhaps the developers from Portside Villas and Sea Spray condominiums had done the same. Ms. Roberts conveyed what she thought was the philosophy and the approach of the City in asking the developers for assistance for the development of North Atlantic Avenue. Mayor Randels clarified that what the City received from Portside Villas was 20 -feet of right-of-way to bury the utility lines on the west side of North Atlantic Avenue. He stated City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2009 Page 5 of 15 that some assistance was cash in hand and some was land. Ms. Roberts inquired about pavers. Mr. Smith replied that he would not recommend pavers. Ms. Roberts responded that some residents expressed that the City was following a less expensive route versus a richer, more substantial and historically significant and traditional. For example, the traditional approach used in Winter Park. Mr. Smith informed that, with Staff, the decision was made to use Pave Way Systems. Ms. Roberts informed that some of the more recent condominiums have used pavers and she stated her frustration in not having been given more information related to the pavers cost. Ms. Roberts emphasized residents' concerns who felt that the City was taking a less expensive approach, although she realized the problem of the underground utilities. She hoped that the Council would not waive the serious consideration of pavers during the Visioning process. Mayor Pro Tem Hoog stated that one of the intersections should be chosen as a highlight and work should proceed from there. Ms. Roberts referred to Mr. Smith's depiction of the four crosswalks. Ms. Walsh pointed out the difficulty of creating the fourth crosswalk. With reference to Central Blvd. and North Atlantic Avenue, Mayor Randels clarified for the audience the question of the crosswalks on three sides of the street due to the inability of installing them on all four. Ms. Roberts inquired about an existing large pole on the sidewalk at the south and west side of North Atlantic Avenue intersection. Mr. Bandish assured that the pole would be removed. Mr. Nicholas pointed out that if the street was in the process of redesign; why not consider redesigning it for an east -west sidewalk at the same time. Mayor Randels asked if there were any interest in having Stottler, Stagg design the east - west sidewalk. Mayor Randels stated that there was no consensus at this time for an east -west sidewalk since other sidewalks were of greater need. Ms. Roberts added that this consideration would, however, become part of the Visioning process for North Atlantic Avenue. Mr. Smith affirmed that the Council's next task was to identify which part of North Atlantic Avenue he would begin to design and how much would it cost. Mr. Nicholas asked if another public meeting was anticipated to agree on lighting in order to obtain similar lighting for both North Atlantic and Ridgewood Avenue. Mr. Smith stated the intent of using the same fixture for both corridors. He recommended uniformity throughout the City and consistency with standard light fixtures, standard pavement treatment and standard site furnishings. Ms. Roberts referred to the Central Florida Regional Planning Meeting in Orlando which discussed a "walkable" community. She requested that the Council postpone any decision until hearing from the residents in order to permit them to help define their part of the City Mayor Pro Tem Hoog recalled how the City approached the owner of Yogi's Beverages to City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2009 Page 6 of 15 enhance that property and suggested that the City also approach the homeowner related to the large pole in order to create a garden around it. Discussion followed on how to work with any identified properties and if the properties belonged to the City. Mr. Smith noted that landscape easements could be obtained to develop property not owned by the City. Mr. Petsos pointed out that this discussion could occur in more detail later in the process. Ms. Roberts emphasized the need to permit the residents to weigh in especially on the walkable community concept and selecting lighting. She raised the concern for a strategic plan and a schedule for the Visioning process from the Planning and Development Director. Ms. Roberts requested a Master Schedule for this year in order to understand how these projects will proceed. Mr. Petsos stated that the Visioning would not greatly impact the Ridgewood Avenue process. Ms. Walsh clarified how going through the Ridgewood Avenue project would provide pertinent data that could also be applied to the North Atlantic Avenue project. Mr. Hans Saurenmann agreed with Ms. Roberts' thoughts related to the Visioning process. Mr. Saurenmann stated, for the record, that he owned property on Ridgewood Avenue; however, no one addressed him, as a property owner, on the project. He made it clear that there is a fence around the property. Mr. Saurenmann, clarified that he was speaking of what was part of Government Lot No. 752 which he stated that the City Staff wrongfully cleared. Mayor Randels clarified that Mr. Saurenmann was addressing another issue; however, he thanked him for putting the City on notice regarding his property. Legislative Services Presentation. Mr. Matt Dupre, introduced himself and former State Representative Mitch Needleman who was now part of their team at Eligere Strategies, LLC. He related four Bills which the firm was working on that represented City revenue downgrades. Mr. Dupre informed that Legislation was moving in the direction of limiting taxation. However, smaller cities need the exemption language that his firm recommended in order to maintain their revenue. Mr. Dupre stated that one of their team's strategies is to look at Legislation which represents unfunded mandates to cities. Mr. Dupre also stated that the firm is proposing language to amendments related to water and schools and impact built -out communities. Mr. Dupre referred to the City's lighting needs and informed about a program in which CitiBank reviews an electric bill and retrofits existing fixtures with energy conservation lighting in an effort to reduce costs. The City would incrementally pay CitiBank back with a savings over time in using the energy efficient lights. Mr. Dupre stated that the Florida League of Cities also represented cities; however, the League could not effectively represent both Miami and Mims. Mayor Randels questioned City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2009 Page 7 of 15 how the City would obtain value for the firm's fee. Mr. Dupre explained how their firm works with current clients to develop: 1) a specific plan for a city, and 2) develop a list of measurables, such as bringing Legislators to the City, identifying amendments and finding sponsors for those amendments. These were the measurables that create their value to the client. Mr. Dupre stated that the firm was a participating part at the Legislative table. Ms. Roberts reminded of the Strategic Outreach approach which the Business and Cultural Development Board brought up during the Workshop Meeting with the City Council. She asked if there were any interest in giving this item to the Board for further discussion. Ms. Roberts explained that the Board could recommend if lobbying efforts were a value for City based on their interest in a Strategic Outreach program. Mayor Randels requested the Council's consensus to forward this item to the Board. Mr. Petsos stated that although he had no problem with the Board hearing from the Lobbying firm, he also wanted the Board to be aware that the Florida League of Cities also provides beneficial Legislative resources. Mr. Dupre emphasized that the League had a difficult job, however, of representing the need of extremely diverse populations. Mayor Randels stated that the Council would not make a decision at this time but would forward this issue to the Business and Cultural Board for their discussion and a recommendation. Mr. Needleman emphasized that the firm was not seeking to overshadow the League's work. He related an example of how one city in the League delayed the passing of a Bill, showing how the power of one city impedes the process. He stated how the firm specifically targets the small cities with a supplementary voice in the Legislative process. REPORTS: 7.45 p.m. — 8:00 p.m. CITY MANAGER Mr. Boucher reported on the previous City Council Special Fact -Finding Meeting of Tuesday, March 10th. Mr. Boucher related that he and the City Clerk met with Mr. Morley on Friday, March 13th and Monday, March 16th to go over the issues that arose during that Meeting. Mr. Boucher reported that discussion included: Arbitration to which he agreed, but Mr. Morley did not agree and Mr. Morley also did not agree to any form of discipline which Mr. Boucher desired to impose. Mr. Boucher mentioned that some new documents were uncovered which shed further light on the issue. The documents showed more conversation between the Building Official and the Architect; however, that conversation did not include the Fire Department. Mr. Boucher stated that Mr. Morley resigned of his own accord and he did not impose any disciplinary action on him, he resigned. Mr. Boucher stated that he found an Arbitrator from Tampa in an effort to obtain an independent review of the issues which would come to a binding result. City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2009 Page 8 of 15 Ms. Roberts asked if Mr. Boucher could elaborate on the conditions of employment that he presented to Mr. Morley. Ms. Roberts also questioned if the revelations of Tuesday's Special Meeting still warranted discipline. Mr. Boucher recounted that he was interested in binding Arbitration; however, Mr. Morley was not. Mr. Boucher said that it appeared that Council desired for him and Mr. Morley to reconcile their differences. He reviewed the issues and the City Policy regarding Reinstatement which required six-month probation which Mr. Morley also did not accept. Mr. Boucher expressed his contention with Mr. Morley using City equipment on City time for personal gain. He emphasized that this was one of the conditions he presented to Mr. Morley. Mr. Boucher stated that after hearing City Council's concern related to the life/ safety issues, he sought an Accreditation process for the Building Department which would review every aspect of their operation to include its interaction with the Fire Department.. Mr. Boucher emphasized that Accreditation, after achieved, would become a continuing process. Ms. Roberts expressed her concern with a City wide issue in management as well as the Human Resource capabilities which were very outdated. She stated how much of what has come to Council's attention, would have to be handled internally to deal with corrective action as part of the performance review. Ms. Roberts stated that what she understood from the Tuesday meeting was a shared responsibility of action. She stated that the approach appeared punitive in her observation. Ms. Roberts stated the City's Human Resource processes were archaic. She stated how the stage process and steps for the City's workforce performance reviews should be fair, upgraded and updated. Ms. Roberts expressed her concern on honing in on this issue without taking corrective action at a larger level. Mr. Boucher stated that again the discussion related to the life/safety issues and he was seeking a way to tighten the Building Department's procedures. Accreditation was a peer review process that would assist in addressing the process. Ms. Roberts referred to the International Standards Organization, ISO, which offers a host of business standards and practices as well as the Sterling Awards of Excellence which was another Accreditation standard for the whole of the City. Ms. Roberts stated that this issue was just a part of a larger set of issues. Mr. Boucher recommended that the City Council fund the Accreditation process in order to avoid any future problems. He stated that City wide policies could be instituted afterward; however, Accreditation for the Building Department would address the life/safety issue. Mr. Boucher informed that when he spoke to the Accreditation organization, and they informed him that quality assurance was their most frequently identified problem. Mayor Randels agreed that the City should seek Accreditation; however, Accreditation did not address the problem at hand. He stated that he took issue with the word that Mr. IL Money resigned. Although the City Council received a letter from Mr. Morley that he City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2009 Page 9 of 15 resigned, Mayor Randels stated that he perceived Mr. Morley's resignation was forced and he stated that the punitive action was not warranted. Mayor Randels stated that he no longer had confidence in the City Manager's ability to lead the City. He called for a Special Meeting to Evaluate Mr. Boucher's effectiveness to lead the City. Mayor Pro Tem Hoog stated that over the past six years, Mr. Boucher's evaluations were good in every area except in Personnel issues. He stated that he had spoken to Mr. Boucher about this and did not feel that Mr. Boucher was strong in the area of Personnel. Mayor Pro Tem Hoog also stated that the Council had requested certain things and the City Manager was not expedient to respond. Mayor Randels agreed that there were Goals and Objectives which were not performed. Mr. Petsos stated that from day one he thought Arbitration was necessary on this issue and he still agreed to it. Mr. Petsos stated that he was not averse to meeting for open discussion on the City Manager, but he preferred an Arbitrator. Mayor Pro Hoog brought out that he has not heard from anyone who is pleased with this situation. Although the Council was not part of the day-to-day operations, such as hiring and firing. He expressed concern with people expressing that the City was losing one of its best employees. Ms. Walsh reminded that at the Tuesday, March 10t�' meeting one of the developers pointed out that there was enough guilt to go around. Ms. Walsh stated that an Arbitrator would address all the issues and would not strictly place blame on any one person. Ms. Roberts stated that as a result of Tuesday's Meeting, there were many lessons learned and part of the City's approach to change would enable us to learn from the mistakes and move forward with an updated Human Resources capability in terms of a full-time Human Resources person. Ms. Roberts expressed her concern with the Human Resource processes being implemented from an outdated manual. She also expressed her angst with punishing one employee when the City should move forward to wholeness. Mr. Petsos asked Mr. Boucher if he would work agreeably with an Arbitrator. Mr. Boucher agreed that he would, saying that a ruling from an Arbitrator would be binding on all parties. Ms. Roberts stated that not having Mr. Morley working was a great cost to him and she emphasized the timeliness of obtaining an Arbitrator. Mr. Nicholas requested to know the time and date of the Special Meeting. Mayor Randels replied within 72 hours. Mayor Randels requested that each Council Member submit their schedules to the City Clerk in order to schedule the Special Meeting. Mr. Hans Saurenmann reminded the City Council that the taxpayers, citizens, and residents have rights also. He disagreed with the Mayor's expedient decision in calling a Special Meeting, but stated that the Council should seek a three month Moratorium to cool down before making any decisions. He personally desired that Council seek an Arbitrator. He suggested the review of all the Departments, beginning with the Building City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2009 Page 10 of 15 Department. Mr. Saurenmann stated that the City operated because of the regular people, like himself, and it was time for the City to rethink how it does business. Mr. Saurenmann reminded that Mr. Boucher was hired under similar conditions because the City Council fired the former City Manager. Mr. Saurenmann concluded that it was time for the City to clean up its act. Mr. Jeff Wells, business owner, 211 Caroline Street, expressed his concern with the use of the phrase, "health, safety and welfare." He stated that based on the situation Mr. Morley was in, he performed due diligence and research. Mr. Wells stated that the Fire Inspector should have performed the inspection along with Mr. Morley; however, Mr. Morley made a judgment call for both the Fire and Building Departments. Mr. Wells stated that although the City Manager spoke about the health, safety, and welfare issue, when he asked the Fire Chief if the hotel was closed, he replied no. Therefore, how much of the issue is related to health and safety if the building is still open. Mr. Wells also stated that the City's Manager's was now seeking more intradepartmental meetings to occur, but it was the City Manager's responsibility to ensure that those meetings took place before this issue. Mr. Wells stated his surprise that the same number of Staff were operating during the building boom. Mr. Wells brought up the scenario of any employee thinking they, too, would be let go due to mistakes. Mr. Wells stated that he could not see how Mr. Boucher used two mistakes as a basis to discipline Mr. Morley. Mr. Wells related on how Mr. Morley and Mr. Clements conducted a thorough inspection when he attempted to build a Laundry Room. He stated that they helped him extensively throughout the process. In conclusion, Mr. Wells added that someone from the Fire Department should have also been disciplined and he reminded of how many permits Mr. Morley issued under stressful circumstances. Mr. Frank Kuhn stated that Mr. Morley was being released for two mistakes which occurred several years prior. Mr. Kuhn stated that Mr. Morley personally assisted him with building issues. He stated that there was a vendetta and whoever had the vendetta against Mr. Morley should be let go. Mr. Kuhn emphasized that the City Council should take the time to hear from the residents. Mr. Werner Grewe expressed his surprise with Mr. Morley's resignation. He stated, for the record, that he was personally convinced that this was a forced resignation. Mr. Grewe conveyed three points that came out during the City Manager's Investigation: 1) an eight year old missing fire alarm permit which related to the previous Building Official, Morris Reid and Mr. Boucher should not have used this old information; 2) information found on Mr. Morley's computer. And, 3) the use of City time for personal telephone calls and his private business. Mr. Grewe stated that this was not a life-threatening situation as Mr. Boucher conveyed, but a personal issue between Mr. Boucher and Mr. Morley. In conclusion, he stated that Mr. Boucher should have called for a meeting among the Departments to resolve the situation. City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2009 Page 11 of 15 A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Call for a Special Meeting Within 72 -Hours to Evaluate Mr. Boucher's Effectiveness to Lead the City. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. • Mr. Boucher requested a Workshop for April 7th at 5:30 P.M. related to the City History Video. Mr. Stanley desired to show Council what was he has done so far. The City Clerk had an available copy of some clips for Council Member's viewing. • Mr. Boucher reported that Florida Power and Light wanted the Council to choose a date the week of April 27tn or May 11th to conduct the Home Energy Makeover audits. Council was seeking a time after the Hubble Launch. The Clerk's Office would schedule a confirmed date with the Council Members for the week of May 11 to • Mr. Boucher requested obtaining a Message Board for the Art Show on the weekend of March 28th at a cost of approximately $1,000. Ms. Roberts expressed her concern with the previous Message Board left on over the weekend. Mr. Lefever informed that the company could not pick up or tum off the Board until Monday. Ms. Roberts recalled Council's discussion relating to purchasing a Message Board. Mr. Lefever pointed out that the flashing dates were specifically stated. Ms. Dianne Marcum reported that the Message Board was a successful marketing tool especially since Manatee Sanctuary Park was difficult to find. Mayor Pro Tem Hoog recommended purchasing a digital sign. Ms. Walsh asked if there were funds in the Budget. Mr. Boucher stated that new equipment could be purchased with Impact Fees. Ms. Walsh asked about the use of Sandwich Board signs. Mr. Boucher stated that he would work on some form of signage. • Mr. Boucher reported that Brevard County Animal Control performed a peacock head count within the last 10 days and they estimated slightly fewer than 100 peacocks in the community. He stated he could now proceed with a management plan to thin out the population . Staff could find homes for them and have the peacocks humanely transplanted along with a communication plan to notify the public. • Mr. Boucher commended Mr. Lefever on the successful Community Celebration event. STAFF Recreation Director • Mr. Lefever announced the Outdoor Movie in the Park, Igor, beginning at 8:00 P.M., not 7:00 P.M., as previously published prior to Daylight Savings Time. The Kiwanis Club would sell refreshments. Please bring a blanket or lawn chairs • Mr. Lefever asked to show the Marketing Video to the audience. Ms. Roberts asked if recommendation changes were made yet. Mr. Boucher replied that the company was working on a quote for editing. City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2009 Page 12 of 15 Public Works Director • Mr. Bandish stated that the Beautification Board chose some colors and designs for the intersections. Mr. Boucher said that this would be on the Agenda for April 7th Business & Cultural Development Board Report. • Ms. Dianne Marcum reported that given the current business and economic environment, the Board requested a more timely way to report to the Council. Ms. Marcum announced the Images in Art Festival, March 27th and March 28th from 10 A.M. to 5 P.M., Saturday and 10 A.M. to 4 P.M., Sunday at the Manatee Sanctuary Park. Ms. Marcum informed that the vendor provided a table for City related information and other City Boards were also welcomed to use it. Ms. Marcum informed that their Board would meet on Wednesday, March 18th from 3 to 5 P.M. Ms. Roberts asked if the Board planned to present the Redevelopment Plan to the City Council. Ms. Marcum stated that the Board would discuss this as part of their plans during their meeting. AUDIENCE TO BE HEARD: 8:00 p.m. — 8:30 p.m. Mr. Leo Nicholas referred to the various shuttle models around the City and questioned why the one on the City Hall lawn was gated and chained. He asked if the City's was more susceptible to damage. Mayor Randels explained that people climb on the one at City Hall. Mr. Nicholas asked if any more consideration were given to raising the model higher. Mr. Petsos requested to seek the solution that would raise the model shuttle. Mr. Frank Kuhn asked the Mayor who oversees the City's Contracts. Mayor Randels responded that the City Manager oversee all contract to include the Sheriffs Contract. CONSENT AGENDA: 8:30 p.m. — 8:35 p.m. 1. City Council Regular Meeting Minutes of March 3, 2009. Ms. Walsh submitted several changes. Ms. Roberts noted some of Ms. Walsh's changes were the same as her own. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve Consent Agenda Items with Amendments. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. A motion was made by Ms. Roberts and seconded Mayor Pro Tem Hoog to Extend the Meeting for 15 Minutes. The vote on the motion carried 5-0 with voting as City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2009 Page 13 of 15 follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. RESOLUTION: 8:35 p.m. — 8:55 p.m. 2. Motion to Approve: Resolution No. 2009-06; Establishing a Charter Review Committee. Mayor Randels read Resolution No. 2009-06 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING A CHARTER REVIEW COMMITTEE, SETTING FORTH THE PURPOSE, APPOINTMENT OF MEMBERS AND BASIC PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE. Ms. Walsh requested specifically the Ordinance that related to the Charter text. Attorney Garganese explained how prior to the Municipal Home Rule Powers Act, the granted power and authority for municipalities had to come from the Legislators. When the Legislators created municipalities, they adopted huge, special acts which laid out all the authority for the municipality. When the Home Rule Powers Act was adopted, municipalities have authority by Home Rule and they no longer have to rely on the authority granted by the Legislature. However, if the City has an old Charter, some of the provisions have been converted into Ordinances. Ms. Walsh stated that when reviewing the Charter, in some instances the provisions relate to looking at two or three paragraphs of an Ordinance that may be pertinent to review when looking at the Charter. Attorney Garganese stated that in his view the City Charter needs a complete overhaul due to the length of time since any real review. Attorney Garganese recommended using the National League of Cities Model City Charter standard of review and suggested adding it the provisional Section of charters reviewed. Mayor Randels clarified adding this under Section 4, Objectives, "to study various other municipal charters and the National Model Cities Model Charter, 8th Edition. A motion was made by Mr. Petsos and seconded by Ms. Walsh to Approve Resolution No. 2009-06 with the Amendment to Section 4, Objectives. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: Second Public Hearing: 8:55 p.m. — 9:10 p.m. 3. Motion to Adopt: Ordinance No. 04-2009, Amending Chapter 98, Article II, Plats. City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2009 Page 14 of 15 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. Mr. Brown referred to the previous City Council Meeting and stated that Staff was still in the process of working on the flow charts and forms related to the Ordinance. He stated that these would be ready for the Council Meeting on April 7�'. Attorney Garganese explained that establishing a date and time certain for the next reading would preclude any further advertising. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem to Postpone Ordinance No. 04-2009 until the City Council Meeting of April 7, 2009. 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: 9:10 p.m. — 9:25 p.m. 4. Motion to Approve: Selection of Citizens' Visioning Committee. Ms. Walsh stated that there appeared to be a core group of eight people who were identified on all four lists or three of the four lists: John Porter, Joyce Hamilton, Tom Garboski, Richard Clark, Leo Nicholas, Melora Foley, Bruce Collins and David Schirtzinger. Ms. Walsh stated that there were nine names which were on at least two of the lists. Ms. Walsh identified that there were no representatives from the northwest quadrant of the City; however, she recognized Bob Baugher as a representative from that quadrant. Ms. Roberts recognized that Lori Peppers expressed an interest in serving on the Committee. Mayor Pro Tem Hoog pointed out that the Council was not aware of who was willing to serve. A motion was made by Mr. Petsos and seconded by Ms. Walsh to Extend the Meeting Until 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Ms. Roberts recommended Adrienne Kessler as a matter of diversity who played an integral role in environment and the beaches. City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2009 Page 15 of 15 Ms. Walsh read the names of those on the second list: Bob Baugher, Mark Derman, Mark Morrison, Evelyn "Annie" Tannenbaum, Gene Petre, Alfredo Teran, Reverend Blizzard, John Anderson, and Dianne Marcum. Ms. Roberts asserted that she did not find the process deliberative without any discussion of the aspects of what each of these individuals would bring to the table. Council appeared to be choosing by a numbers representation rather than a value for diversity, category representation, or geographical representation. Ms. Roberts expressed her disfavor with the process. Ms. Roberts stated that Mr. Brown could have presented an aggregate number for the Council's agreement. Mr. Brown concluded that he would contact these individuals to ascertain their willingness to serve. DISCUSSION: 9.25 p.m. — 9:45 p.m. 5. 2009 Management Improvement Agenda. This item was deferred to the April Im City Council Agenda. REPORTS: 9:45 p.m. —10.00 p.m. CITY COUNCIL There were no reports from the City Council. ADJOURNMENT: There being no business, the Chair adjourned the Meeting at 10:25 P.M. Rocky Randels, NW—OR Susan ills, C C, CITYCLERK