HomeMy WebLinkAboutMinutes 06-17-2014CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 17, 2014
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge
of allegiance. Mayor Randels reminded everyone to speak into the microphone.
ROLL CALL:
Council Members Present:
Council Member John Bond
Council Member Bob Hoog
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
Administrative Services Director Angela Apperson
Finance Director John DeLeo
Community & Economic Development Director Todd Morley
Planning & Zoning Director David Dickey
Leisure Services Director Gustavo Vergara
Public Works Services Director Jeff Ratliff
Brevard County Sheriff Major Paul Ring
Brevard County Sheriff Lieutenant Linda Moros
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION:
Attorney Donna Goerner explained she is running for 18th Circuit Court Judge, Group
19, which is a seat in Seminole and Brevard County and provided a brief description of
her background. Council Members wished her well in her campaign.
PRESENTATIONS / INTERVIEWS:
2014 Advanced Institute for Elected Municipal Officials (IEMO) Certificate of Completion
to Council Member Betty Walsh: Mayor Randels explained the IEMO classes and
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City Council Regular Meeting
June 17, 2014
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presented the Certificate of Completion to Council Member Walsh. Mayor Randels
noted Council Member Walsh also serves as the President of the Space Coast League
of Cities and explained the involvement of other Council Members in the Space Coast
League of Cities. Council Member Walsh expressed her appreciation for the Certificate.
She explained how being involved in these programs has allowed her to meet other
elected officials, discuss operations/challenges and share how the City has solved its
challenges.
Certificate of Recognition to Mayor Rocky Randels for his advocacy efforts as a
member of the Florida League of Cities Space Coast Advocacy Team presented by
Kathy Till, Advocacy Programs Coordinator: Kathy Till explained the Advocacy Team
Program, how the Program works with Legislators to protect Municipal Home Rule and
presented Mayor Randels with a Certificate of Recognition for his work on the Space
Coast Advocacy Team. Mayor Randels explained Kathy Till's Program coordination
efforts and Program details.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. Mayor Pro Tem Petsos requested removal of Item #3 for discussion.
1 . Approve Minutes for Regular City Council Meeting of May 20, 2014:
2. Approve Task Order No. 5 in the amount of $164,387 to Tetra Tech, Inc. for
preparation of Engineering Drawings/Bid Specifications and performance of
Construction Management related to the upgrades of Lift Station Nos. 6 and 7 and
authorize the City Manager to execute same:
3. Approve Task Order No. 3 in the amount of $86,420 to GeoSyntec Consultants,
Inc. for preparation of Engineering Drawings and Bid Specifications related to the
installation of a stormwater exfiltration system beneath Canaveral City Park and
authorize the City Manager to execute same:
4. Award the Manatee Park Parking Lot Improvements Bid #2014-05 to Wm.
Turnbaugh Construction, Inc., in the amount of $87,745 and authorize the City Manager
to execute the Construction Agreement for same:
A motion was made by Council Member Hoog, seconded by Council Member
Walsh, to approve Items 1, 2, and 4 from the Consent Agenda. The motion carried
5-0 with voting as follows: Council Member Bond, For; Council Member Hoog,
For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member
Walsh, For.
#3 Mayor Randels read the item title into the record. Discussion ensued and
included: whether the money could be better used by installing infrastructure to
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City Council Regular Meeting
June 17, 2014
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transport stormwater to the Wastewater Treatment Plant, process it and return it as
reclaimed water; the pursuit of two separate type of grant funds for the proposed project
from Florida Department of Environmental Protection (FDEP); the use of State
Revolving Fund loan monies; the need to reduce nitrogen and phosphorus discharge for
compliance; the processing of stormwater would require significant treatment to remove
pollutants; spending over a million dollars to treat approximately 30 acres of stormwater
runoff; the lack of stormwater outfalls at the treatment plant, which would create
obstacles/expense to transporting run-off; the Stormwater Master plan update; and the
need to have 60% plans to apply for a "TMDL Grant" from FDEP. A motion was made
by Council Member Hoog, seconded by Council Member Bond, for item number
three and to study the treatment of Stormwater for later discharge as re-use
water. Discussion continued. The motion carried 4-1 with voting as follows:
Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos,
Against; Mayor Randels, For; and Council Member Walsh, For.
PUBLIC HEARINGS:
5. Ordinance No. 06-2014; amending section 90-172 of the Cape Canaveral Code
of Ordinances regarding banks of detention and retention areas; providing for the repeal
of prior inconsistent ordinances and resolutions; incorporation into the Code;
severability; and an effective date, second reading: Attorney Garganese read the
Ordinance title into the record and provided a brief explanation of same. A motion was
made by Mayor Pro Tem Petsos, seconded by Council Member Walsh, for
approval of Ordinance No. 06-2014. The Public Hearing was opened. No comments
were received and the Public Hearing was closed. Mayor Randels explained the
purpose of the Ordinance and noted St. Johns River Water Management District uses
the same criteria. The motion carried 5-0 with voting as follows: Council Member
Bond, For; Council Member Hoog, For; Mayor Pro Tern Petsos, For; Mayor
Randels, For; and Council Member Walsh, For.
6. Ordinance No. 07-2014; amending Chapter 54, Parks and Recreation, of the
Code of Ordinances; providing a definition of City Parks; providing procedures for the
naming of City Parks; providing Rules and Regulations for City Parks; authorizing the
City Council to award certain franchises for surf, paddleboard and kayak instruction by
competitive bid pursuant to certain requirements and restrictions; providing for the
repeal of prior inconsistent ordinances and resolutions; incorporation into the Code;
severability; and an effective date, second reading: Attorney Garganese read the
Ordinance title into the record and provided a brief explanation of same. Mayor
Randels noted the first reading on the Ordinance occurred on May 20, 2014 and the
Notice of Public Hearing was advertised May 29, 2014. A motion was made by
Council Member Hoog, seconded by Council Member Bond, for approval of item
#6. The Public Hearing was opened. No comments were received and the Public
Hearing was closed. Discussion ensued and included: whether Council Members will
be provided the Request for Proposal (RFP) for review prior to publication; the number
of Franchises to be awarded; that areas of Council concern would become a part of the
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City Council Regular Meeting
June 17, 2014
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agreements with the vendor(s); explanation of the draft RFP Document; that the RFP
would be circulated to the City Council and the City Attorney for review/input prior to
publication of the RFP Package; that the Franchise Agreements would be presented to
Council for approval/award; that there are no active Beach Vending Franchises;
however, there are individuals vending on the beach and not following requirements
such as wearing a uniform/posting prices and a concern that the changes to the
definition of a City Park will prohibit alcohol use on crossovers, the beach and the river.
The motion carried 5-0 with voting as follows: Council Member Bond, For;
Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and
Council Member Walsh, For. Mayor Pro Tem Petsos noted the Sheriff's Office does a
good job enforcing no alcohol on the Crossovers.
ITEMS FOR ACTION:
7. Designate one (1) City Official to be the Voting Delegate at the 88th Annual
Florida League of Cities Conference scheduled for August 14-16, 2014 — Westin
Diplomat, Hollywood, Florida: Mayor Pro Tem Petsos nominated Council Member
Walsh as the Voting Delegate. The nomination was seconded by Mayor Randels. No
other nominations were received. A motion was made by Mayor Pro Tem Petsos,
seconded by Council Member Hoog, to designate Council Member Walsh as the
Voting Delegate. The motion carried 5-0 with voting as follows: Council Member
Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For; and Council Member Walsh, For. Council Member Walsh noted she is
also representing the Space Coast League of Cities on the Resolutions Committee at
the Conference.
8. Ratify the Composite City Manager Performance Evaluation and
discuss/determine how to proceed with the provisions of Section 2, Salary and
Evaluation, of the Employment Agreement between the City of Cape Canaveral and
City Manager David L. Greene: Mayor Randels read the item title into the record,
provided an explanation of the evaluation categories, noted the overall score received is
4.73 out of 5 for area I; 4.9 out of 5 for area II; and 4.81 out of 5 for area III and
indicated the City Manager is the person who moves the Council Policy/Goals forward.
A motion was made by Council Member Hoog, seconded by Mayor Pro Tern
Petsos, to ratify Mr. Greene's evaluation as written. The motion carried 5-0 with
voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor
Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
Mayor Randels recapped the City Manager's Salary/bonus history and explained the
salary comparison of cities similar in population within Brevard County. Discussion
ensued and included whether to provide a salary increase or a bonus; the possible
percent of salary increase or increasing to a specific annual salary. A motion was
made by Council Member Hoog, seconded by Mayor Pro Tern Petsos, to give the
City Manager a salary of $125,000.00. Council Member Bond requested the City
Manager attend more events. The motion carried 5-0 with voting as follows:
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City Council Regular Meeting
June 17, 2014
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Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos,
For; Mayor Randels, For; and Council Member Walsh, For.
REPORTS:
Council Member Bond noted tomorrow at 9 a.m., the Port Authority is considering
extending the helicopter trial period and negotiating a long term lease. He asked if the
City/County or State is considering revisions to the rules regulating taxi cabs,
enforcement of rules/regulations and/or governing age/mileage/condition of the
vehicles, to which City Manager Greene indicated City Staff was working on an
Ordinance update; however, Brevard County is now working on changing its ordinance,
so Staff has halted work on the City's Ordinance, so as to have County wide rules rather
than different rules in each municipality. Council Member Bond explained Bass Pro
Shop of Palm Bay and the East Coast/Space Coast Chamber of Commerce are
sponsoring a fishing tournament on September 6, 2014 at Stick Marsh. He indicated he
is looking for a boat/owner to partner with for the tournament so they could then be
paired with a Veteran.
Council Member Walsh questioned whether all crossovers are consistently posted with
no dogs and requesting individuals to stay off dunes/sea oats, to which an affirmative
response was received from Mayor Pro Tem Petsos.
Mayor Pro Tem Petsos requested street name signs be placed under the existing signs
on the beach. He requested a status update on the Sign Ordinance and Marijuana
Ordinance. City Manager Greene indicated Staff is tracking Cocoa Beach's Marijuana
Ordinance and working to reach a compromise with a local business related to the
display area within windows, which will allow the Sign Ordinance to be presented.
Mayor Pro Tem Petsos advocated for the changes to the Sign Ordinance be on the July
agenda even if a compromise could not be reached. He noted the transition mats along
the Ridgewood Avenue pedestrian path are rising again. Public Works Services
Director Jeff Ratliff indicated the Vendor was contacted. Mayor Pro Tem Petsos
questioned whether the Site Plan for the Hotel that was approved with a step back for
the portion of the building over 45 feet. Planning and Zoning Director Dave Dickey
responded in the affirmative, further explained the Economic Overly requirements and
committed to sending out the approved elevation to Council Members. Mayor Pro Tem
Petsos indicated he also intended to enter the fishing tournament.
Council Member Hoog questioned whether a sewer easement for hotel and other
development in that area was needed; to which City Manager Greene indicated
identified lands have been surveyed, an appraisal of the identified lands is being
pursued; then negotiations would commence to acquire the easements either through
development credits, cash or some other type of agreement. City Manager Greene also
indicated Staff is working for solutions to all challenges in the area.
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City Council Regular Meeting
June 17, 2014
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Mayor Randels noted:
• Receipt of the Florida League of Cities Guide and an advertisement from the
City Attorney's firm.
• Brevard County Sheriff's Office Lt. Moros requested street name signage on the
beach.
• The receipt of a favorable response for the letter of support the City sent
regarding the work to locate the lost French Fleet.
• A letter received from Hubs Sea World Research regarding funding provided by
the Tourist Development Council/Beach Committee for dolphin rescue.
• A letter received from the Brevard County Commission regarding the City's
participation in the Communities for a Lifetime Program.
• The passage of the Water Resource Reform and Development Act, which is the
appropriation bill from Congress to allow the Corps of Engineers to perform
widening/deepening activities at the Port.
• Attendance at the State of Port Briefing and the changes coming over the next
10 years.
Mayor Pro Tem Petsos indicated Chief Executive Officer of Canaveral Port Authority
John Walsh is willing to attend the next council meeting to provide an update on Port
activities.
City Manager Greene thanked City Council Members for the Salary increase.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 8:06 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
Administrative Services Director
SEAL of Cape Canaveral, Florida