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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 City of Cape Canaveral, Florida City Council Regular Meeting June 17, 2014 Page 2 of 6 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 City of Cape Canaveral, Florida City Council Regular Meeting June 17, 2014 Page 3 of 6 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 City of Cape Canaveral, Florida City Council Regular Meeting June 17, 2014 Page 4 of 6 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: City of Cape Canaveral, Florida City Council Regular Meeting June 17, 2014 Page 5 of 6 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. City of Cape Canaveral, Florida City Council Regular Meeting June 17, 2014 Page 6 of 6 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