HomeMy WebLinkAboutMinutes 05-05-2009CITY COUNCIL WORKSHOP MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 5, 2009
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to order at 6:00 P.M.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Bob Hoog
Council Member
Buzz Petsos (Arrived at 6:15 P.M.)
Mayor
Rocky Randels
Council Member
Shannon Roberts
Council Member
Betty Walsh
Others Present:
City Manager
Bennett Boucher
City Attorney
Anthony Garganese
City Clerk
Susan Stills
Building Official
Todd Morley
Planning and Development Director
Barry Brown
Public Works Director
Walter Bandish
Assistant Public Works Director
Jeff Ratliff
DISCUSSION:
1. Council Reuorts.
Mayor Randels read that Regular Meetings could be postponed, rescheduled, or cancelled
by vote. Ms. Roberts asked a technical question related to the Meeting and desired to
clarify that the City Council had the prerogative to begin earlier or to extend the Meetings
as they desired as part of the Regular City Council Meetings. Mayor Randels read from
the City Code, Section 2-58 related to City Council Meetings saying that, "Regular
Meetings may be postponed, cancelled, or rescheduled by a majority vote of the City
Council at a Regular Meeting."
Ms. Roberts expressed her understanding of those three conditions; however, she thought
that the Council had agreed to begin one hour earlier. Ms. Roberts stated that City
Council Reports were a normal part of the Regular City Council business meeting. Ms.
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Roberts stated her hope that the business discussed would become a part of the Minutes
of the Regular business meeting, not a Workshop Meeting.
Mayor Randels responded that normally no action was taken during a Workshop Meeting.
Ms. Roberts clarified that it was the City Council's prerogative to begin one hour earlier or
to extend the Meeting. Mayor Randels stated that how the Council could discuss non-
action based business during a Workshop Meeting. However, Ms. Roberts expressed her
concern with the lack of Council's prerogative to begin a Regularly scheduled Meeting
earlier. Ms. Roberts stated that Council Reports are normally managed within the Regular
Meeting, but the Council had not done so for several Meetings.
Mayor Randels responded that the Public had the right to know if Council planned to take
action on an item. Ms. Roberts conveyed her understanding that Council's Reports would
be part of the Regular Meeting and not a Workshop. Ms. Roberts referred to the Minutes
of April 21" which indicated that Reports would be given, "at an earlier beginning Council
Meeting." Ms. Roberts stated that the Council Reports should be part of the May 5t'
Regular Meeting. Mayor Randels accepted her point and stated that the Public should be
duly notified, however, if the Meeting would begin earlier.
Council Member Betty Walsh
• Ms. Walsh referred to digital signage and asked about using Impact Fees from the
road projects to obtain one. Mr. Boucher replied that he had that discussion with
Commissioner Nelson and once he obtains the final accounting on that project,
then the Council could decide how they desired to utilitize those funds.
• Ms. Walsh asked if there were a Master Sidewalk Plan. Mr. Boucher responded
that the Plan was presented at the April 29"' Goals and Objectives Meeting.
• Ms. Walsh conveyed how residents have asked about water bills. She asked who
defines residential and commercial use on the water bills and also what is the
relationship between the City of Cape Canaveral and the City of Cocoa. Mr.
Boucher replied that the City of Cocoa acts as the City's billing and collection agent.
He stated that the City of Cocoa bills for the sewer, recycling, and places Notices
on the Billing. Mayor Randels clarified that Ms. Walsh wanted to know who
determines whether the account is residential or commercial. The City Manager
said that he would supply her with a utility rate sheet.
Ms. Walsh stated how it appears that all of the condominiums were considered
commercial; however, their water bills were used as residential purposes yet they
were showing under commercial billing. Ms. Walsh noted that each building has its
own bill and perhaps this was the reason for it being identified as commercial;
however, the usage was residential.
Attorney Garganese explained how the water rate depended on the meter size. He
explained further how the City has a base rate and on daytime meter charge, a
consumption rate. Attorney Garganese stated that the residential has a service
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size, or smaller meter. Ms. Roberts brought up the unique aspect of the number of
condominiums in the City of Cape Canaveral versus the City of Cocoa.
Mr. Boucher affirmed that rates were predicated on meter size. Attorney
Garganese informed that there was also a consumption charge which was based
on a conservation step-up scale of a higher price for greater usage. Mayor Randels
directed the City Manager to follow up on further information on water deposits
refunded after one year.
• Ms. Walsh inquired about the Sand Fences and asked if the City planned to keep
them or could they be sold to another municipality. Mr. Bandish responded that the
fences would remain on standby; however, he checked with the other cities and no
one was interested in purchasing them. Ms. Walsh stated that it would be good if
the City could obtain the permits; however, the fences remain unused in the
meantime. Mr. Petsos reminded of how Tropical Storm Fay caused erosion to the
beach which subsequently deterred the project and he was working with an option
with a State Representative to install some of them. However, their concern was
trapping the sea turtles. Ms. Walsh asked when permitting could be pursued again
and discussion clarified that permitting could be sought in November. Mr. Petsos
stated that he, however, was seeking the permitting now.
Council Member Shannon Roberts
• Ms. Roberts shared information from an Open House with the Brevard Job Link
held at the Kennedy Space Center on May e. This showed some of the tools and
techniques they were using to help place the workforce given the anticipated shuttle
program curtailment.
• Ms. Roberts distributed a sample for a Goals and Objecdve Workshop which
would be Council driven, not Staff driven. She stated how this would help the
Council to agree on their values as a City and this would also serve as a back drop
for Staff and Council to work on speck objectives and initiatives each year. This
would also assist with 5-10 year annual planning versus the current very short-term
planning. This would also enable the Council and Staff to identify clearer objective
leads and Council and Staff would agree with the strategies, tactics, and projects.
Subsequently, the executive action of Staff would be to present to Council their
project approach, their budget, their schedule, and provide the Council with results
driven data. Council and staff would together monitor progress through the year.
However, at this time, Council appears reactive to Staff on a daily basis and not
performing strategic planning. Ms. Roberts stated that it was critical for Council to
drive the City goals and objectives. Unless, the Council develops a strategic
framework to conduct planning, they will continue to react to Staff which plans on a
daily operational basis. Ms. Roberts presented her template as a sample for
Council to consider. Ms. Roberts said that the community was looking to the
Council to lead the Goals and Objectives Meeting, not Staff. Ms. Roberts stated
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that this being her third year on the Council and she still did not see Council driven
Goals and Objectives which was part of the Council's platform as elected officials.
Mr. Petsos explained that in the past the Council was able to take on more of a
Visioning role; however, that was due to the economic times and implementing any
plans at this time was not as foreseeable. Ms. Roberts responded that if there was
no Corporate framework for planning, the Council would remain subject to daily
planning. Ms. Roberts conveyed that, in her opinion, there was no sophisticated,
progressive Master Planning for the City and the community was seeking 21st
Century techniques. Ms. Roberts stated how the Council would need to agree as
to how the City would move forward. In conclusion, Mayor Randels stated that
the Council would schedule a Workshop on her items. [Goals and Objectives]
Ms. Roberts brought up that the City Manager was asked to perform a Self -
Evaluation after the March 20th City Council Special Meeting at which time the
Council was seriously considering what they planned to do related to City
Management. Those of the Council who had faith in the City Manager's ability
came forward with some strategic changes and had asked for his Self -Evaluation in
the process.
However, Mr. Boucher has extended completing his self-evaluation from April 13th
to April 23'd and the Council was now hearing May 5"' and Mr. Boucher has still not
completed the task. Ms. Roberts stated how the Council needed Mr. Boucher to
11110 complete his task in order to schedule the necessary meetings. She stated her
concern over City management including communications back to the Council.
She expressed the need for some accountability from Mr. Boucher to the Council.
Mayor Randels asked when the Council could expect something back from the City
Manager. Mr. Boucher stated that he submitted the updated City Council's
Initiatives list. He also stated that he expended the last four business days on the
Solid Waste Agreement which is a 50 -page document. He conveyed how he does
not have the Staff to perform what the Council asked related to the Bid and must do
the work himself. Mr. Boucher stated that he put the Self -Evaluation aside in order
to complete the Bid documents.
Mayor Randels asked Mr. Boucher what would be a good amount of time to
complete his self-evaluation. Mr. Boucher stated that he desired to give the Self -
Evaluation his best effort since it was a public document. However, at this time he
could not do that in light of addressing the many action items. Ms. Roberts stated
that she was expecting Mr. Boucher's Self -Evaluation subsequent to the March 20th
Special Meeting considering how the Council needed reassurance that the right
steps were being taken related to the City's Management.
Ms. Roberts stated that the longer his Self -Evaluation was extended, the more it
diverted from enabling the Council to address City management. Ms. Roberts
expressed how the Council was accountable to the community. Mr. Boucher
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replied that he had expended many hours Solid Waste Bid which was of greater
importance. Mayor Randels asked if Mr. Boucher could begin on the Self -
Evaluation one week from today. [May 51
Mr. Boucher stated that his priority was to complete the Solid Waste Bid
considering the timeliness of this issue and afterwards he would begin to work on
the next City Council Agenda Packet. Mr. Petsos stated that Council needed to
hear from the City Manager's Office in order to ascertain his progress, specifically
on the issue of his Self -Evaluation. If Mr. Boucher would share that information and
enlighten the Council, perhaps they could understand his work load.
Ms. Roberts stated that on March 20"'the Council heard from the community on
expectations that were real and strategic and the Council had an obligation to the
community to have a responsible turnaround as it relates to the City Manager's
Evaluation. Ms. Roberts conveyed that in order to achieve some of the City's
strategic goals, the Council must move forward with the City's business which
includes having a City Manager that could lead the City into the 21st century.
Ms. Roberts stated that the City needs a City Manager who has strategic multi-
tasking capability. Ms. Roberts recounted the dates of the delayed responses from
the City Manager and concluded that this was highly unsatisfactory for the Council
variety of areas exuressed at the March 20 meetinc. Ms. Walsh added that the
Council was now 30 -days into the six-month improvement time frame subsequent
to Mr. Boucher's Evaluation. Ms. Roberts stated how the City's leadership, both the
Council and the City Manager, was important and involved accountability to the
Council which must be timely, although she respected Mr. Boucher's intent to
submit a quality Self -Evaluation. Ms. Roberts stated that, at this time, he was
delaying both the City and the Council.
Mr. Petsos asked Mr. Boucher to block out a time specifically to complete this task.
Ms. Walsh stated that the Council brought up going to Bid on the Solid Waste
Contract in January and perhaps he should have begun that project sooner. Mr.
Petsos reminded, however, that the Council did not direct Mr. Boucher to go out to
Bid on that Contract until a later time. Ms. Roberts stated that the City was
expecting progressive, aggressive leadership at the City Management level. Ms.
Roberts brought up holding a Special Evaluation Meeting immediately. She
concluded with her frustration with the prolonged delay in addressing the issue.
Council Member Buzz Petsos
• Mr. Petsos recommended scheduling a follow-up meeting with the Sheriff's
Office.
• Mr. Petsos distributed photos of the dune crossovers. He stated that not all of the
crossovers, however, were made of the Trex recycled lumber. Mr. Petsos
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conveyed how upgrades were needed on them. Mr. Petsos asked if there were
funds for the dune crossovers. Mr. Bandish replied that he budgeted every year for
the dune crossovers. He stated that this year there was $20,000; however, the
previous line item was eliminated before the Final Budget. Mr. Bandish distributed
information on Trex recycled lumber. He informed that Trex was used for the
benches in order to avoid splintering. Mr. Bandish used Harbor Heights as a cost
comparative saying that if he used pressure treated lumber for the walkway only,
the cost was $1,100; however, Trex would cost $6,10047,000. He stated that the
decision was Council's could make the decision on which to purchase. Mr. Petsos
asked if the City were saving on maintenance. Mr. Bandish replied that, at this
time, he did not have specific comparative of using the Trex versus the pressure
treated lumber. Ms. Walsh stated that the life expectancy was 7-8 times greater
with the Trex. Mayor Randels added that the City must also consider the labor
cost.
• Mr. Petsos asked the City Cleric for a status of purchasing the GovQA software.
Ms. Stills affirmed that she obtained the pricing and would distribute it to Council.
• Mr. Petsos asked the Mayor if the Council had a policy related to distributing Keys
to the City. Mr. Petsos stated how although he had no problem with the Mayor
distributing the Keys; the Council needs to know ahead of time who would receive
them.
Mayor Pro Tem Bob Hoon
• Mayor Pro Tem Hoog asked if the City planned to go with a new Insurance Carrier
for the Employee Health Benefits. The City Clerk reminded that the Council had
chosen to either hire a Human Resources Director or to outsource Human
Resources services. She stated that, at this time, she had no direction on how
Council chose to proceed. The Clerk reminded that two gentlemen were at the last
City Council Meeting who stated that they were Health Benefits Brokers and were
interested in assisting with the Employee Benefits, and of whom the Council could
hire to review the current benefits. In summary, the Health Insurance decision was
totally up to the Council.
• Mayor Pro Tem Hoog asked if there was any new information on the Library
Meeting Room. Mr. Boucher replied that he has not heard back on this issue.
• Mayor Pro Tem Hoog also brought up a concern about the Sheriffs Office coming
away from the Port. Ms. Walsh asked if this was related to the Port or Security at
the Cruise Terminals. Mayor Pro Tem Hoog desired to know the impact this would
have on the City's Contract. Ms. Roberts conveyed that when she spoke with
Commissioner Macl-outh in an introductory meeting in the new Council liaison role
with the Port, he explained that this was predominately directed toward the Cruise
Terminals. Mr. Petsos recommended inviting Commissioner MacLouth to
speak at the upcoming City Council Meetings. Mr. Boucher took note.
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Mayor Randels
• Mayor Randels referred to Resolution No. 2007-38 a "Code of Conduct" related
to the City Council Meetings. Mayor Randels noted that the Resolution presented
good business concepts for the Council to follow in order to complete business.
ADJOURNMENT:
There being nofurthdr business, the Chair adjourned the Meeting at 6:57 P.M.
Susan Stills, CMD, CIN CLERK
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Rocky Randels, MAYOR